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<title> - BUILDING THE INFORMATION ANALYSIS CAPABILITY OF THE DEPARTMENT OF HOMELAND SECURITY</title> |
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[House Hearing, 109 Congress] |
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[From the U.S. Government Publishing Office] |
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BUILDING THE INFORMATION ANALYSIS |
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CAPABILITY OF THE DEPARTMENT OF |
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HOMELAND SECURITY |
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======================================================================= |
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HEARING |
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before the |
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SUBCOMMITTEE ON INTELLIGENCE, INFORMATION |
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SHARING, AND TERRORISM RISK ASSESSMENT |
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of the |
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COMMITTEE ON HOMELAND SECURITY |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED NINTH CONGRESS |
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FIRST SESSION |
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__________ |
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FEBRUARY 16, 2005 |
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Serial No. 109-2 |
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Printed for the use of the Committee on Homeland Security |
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[GRAPHIC] [TIFF OMITTED] TONGRESS.#13 |
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Available via the World Wide Web: http://www.access.gpo.gov/congress/ |
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house |
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U.S. GOVERNMENT PRINTING OFFICE |
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20-542 WASHINGTON : 2005 |
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_____________________________________________________________________________ |
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For Sale by the Superintendent of Documents, U.S. Government Printing Office |
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Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 |
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Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�0900012005 |
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COMMITTEE ON HOMELAND SECURITY |
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Christopher Cox, California, Chairman |
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Don Young, Alaska Bennie G. Thompson, Mississippi |
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Lamar S. Smith, Texas Loretta Sanchez, California |
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Curt Weldon, Pennsylvania, Vice Edward J. Markey, Massachusetts |
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Chairman Norman D. Dicks, Washington |
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Christopher Shays, Connecticut Jane Harman, California |
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Peter T. King, New York Peter A. DeFazio, Oregon |
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John Linder, Georgia Nita M. Lowey, New York |
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Mark E. Souder, Indiana Eleanor Holmes Norton, District of |
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Tom Davis, Virginia Columbia |
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Daniel E. Lungren, California Zoe Lofgren, California |
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Jim Gibbons, Nevada Sheila Jackson-Lee, Texas |
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Rob Simmons, Connecticut Bill Pascrell, Jr., New Jersey |
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Mike Rogers, Alabama Donna M. Christensen, U.S. Virgin |
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Stevan Pearce, New Mexico Islands |
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Katherine Harris, Florida Bob Etheridge, North Carolina |
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Bobby Jindal, Louisiana James R. Langevin, Rhode Island |
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Dave G. Reichert, Washington Kendrick B. Meek, Florida |
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Michael McCaul, Texas |
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Charlie Dent, Pennsylvania |
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______ |
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Subcommittee on Intelligence, Information Sharing, and Terrorism Risk |
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Assessment |
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ROB SIMMONS, Connecticut, Chairman |
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CURT WELDON, Pennsylvania ZOE LOFGREN, California |
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PETER T. KING, New York LORETTA SANCHEZ, California |
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MARK E. SOUDER, Indiana JANE HARMAN, California |
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DANIEL E. LUNGREN, California NITA M. LOWEY, New York |
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JIM GIBBONS, Nevada SHEILA JACKSON-LEE, Texas |
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STEVAN PEARCE, New Mexico BOB ETHERIDGE, North Carolina |
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BOBBY JINDAL, Louisiana JAMES R. LANGEVIN, Rhode Island |
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DAVE G. REICHERT, Washington KENDRICK B. MEEK, Florida |
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CHARLIE DENT, Pennsylvania BENNIE G. THOMPSON, Mississippi |
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CHRISTOPHER COX, California (Ex (Ex Officio) |
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Officio) |
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(II) |
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C O N T E N T S |
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Page |
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STATEMENTS |
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The Honorable Rob Simmons, a Representative in Congress From the |
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State of Connecticut, and Chairman, Subcommittee on |
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Intelligence, Information Sharing, and Terrorism Risk |
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Assessment..................................................... 1 |
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The Honorable Zoe Lofgren, a Representative in Congress From the |
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State of California, and Ranking Member, Subcommittee on |
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Intelligence, Information Sharing, and Terrorism Risk |
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Assessment..................................................... 2 |
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The Honorable Christopher Cox, a Representative in Congress From |
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the State of California, and Chairman, Committee on Homeland |
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Security....................................................... 4 |
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The Honorable Bennie G. Thompson, a Representative in Congress |
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From the State of Mississippi, and Ranking Member, Committee on |
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Homeland Committee............................................. 5 |
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The Honorable Charlie Dent, a Representative in Congress From the |
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State of Pennsylvania.......................................... 19 |
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The Honorable Bob Etheridge, a Representative in Congress From |
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the State of North Carolina.................................... 17 |
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The Honorable Peter T. King, a Representative in Congress From |
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the State of New York.......................................... 16 |
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The Honorable James R. Langevin, a Representative in Congress |
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From the State of Rhode Island................................. 20 |
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The Honorable Sheila Jackson-Lee, a Representative in Congress |
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From the State of Texas........................................ 25 |
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The Honorable Daniel E. Lungren, a Representative in Congress |
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From the State of California................................... 22 |
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WITNESS |
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Lieutenant General Pat Hughes, (Retired), Acting Under Secretary, |
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Information Analysis and Infrastructure Protection, Department |
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of Homeland Security |
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Oral Statement................................................. 6 |
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Prepared Statement............................................. 7 |
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APPENDIX |
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Material Submitted for the Record |
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Questions and Responses submitted by the Honorable Bennie |
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Thompson....................................................... 31 |
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BUILDING THE INFORMATION ANALYSIS |
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CAPABILITY OF THE DEPARTMENT OF HOMELAND SECURITY |
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---------- |
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WEDNESDAY, FEBRUARY 16, 2005 |
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U.S. House of Representatives, |
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Subcommittee on Intelligence, Information |
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Sharing, and Terrorism Risk Assessment, |
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Committee on Homeland Security, |
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Washington, DC |
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The subcommittee met, pursuant to call, at 2:06 p.m., in |
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Room 1334, Longworth House Office Building, Hon. Rob Simmons |
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[chairman of the subcommittee] presiding. |
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Present: Representatives Simmons, King, Lungren, Pearce, |
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Dent, Cox, Lofgren, Etheridge, Langevin, Thompson, and Jackson- |
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Lee. |
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Mr. Simmons. [Presiding.] The Subcommittee on Intelligence, |
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Information Sharing, and Terrorism Risk Assessment will come to |
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order. |
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The subcommittee is meeting today to hear testimony on how |
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the fiscal year 2006 Department of Homeland Security budget |
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request helps further the information sharing and analysis |
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capabilities of the Department of Homeland Security. I am told |
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that we only have this room until 4:00 p.m., 1600 hours, today, |
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so I will be short in my comments, and then we will try to |
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extend to all members the opportunity to ask questions, but |
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also remind them that the room will be made available to |
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another group at 4 p.m. |
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I would like to recognize myself for an opening statement. |
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As we begin this first hearing of the Committee on Homeland |
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Security, Subcommittee on Intelligence, Information Sharing and |
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Terrorism Risk Assessment, I would like to start by thanking |
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the Chairman, Chairman Cox, for his leadership in helping to |
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establish the full committee as a standing committee of |
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Congress. I look forward very much to working with my |
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colleague, Representative Lofgren from California, as the |
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Ranking Member of the subcommittee, and also the Ranking Member |
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of the full committee, Representative Thompson, who is with us |
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here today. |
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I represent the Second District of Connecticut. On |
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September 11, we lost 12 friends and neighbors. On September |
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11, we all failed in our constitutional responsibility to |
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provide for the common defense. This subcommittee has a vital |
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role to build our capabilities in intelligence, information |
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sharing and risk assessment to help prevent another terrorist |
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attack. |
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I would also like to make a second point. I believe in |
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bipartisanship when it comes to national security and homeland |
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security. When I joined the U.S. Army almost 40 years ago, I |
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put these dog tags around my neck. I wore them until I retired |
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from the U.S. Army Reserve in the year 2003. These dog tags |
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have my name on them, my serial number, my blood type and my |
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religion, but there is no mention of party affiliation. During |
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my years of public service, I have tried to be bipartisan. I |
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look forward to conducting the work of this subcommittee in a |
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bipartisan fashion. |
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Information analysis and warning is perhaps the most |
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important capability of the Department of Homeland Security. |
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Intelligence must drive our protection decisions, resource |
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allocations, and homeland security priorities. Since its |
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inception in March 2003, the Department of Homeland Security |
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has worked to construct a robust analytical capability and has |
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dedicated itself to fulfilling the broad statutory functions |
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outlined in the Homeland Security Act. The committee is |
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encouraged by the progress to date, but there is a lot more |
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work to do, and the responsibility for that work falls on us. |
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General Hughes, you have some challenges and opportunities |
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ahead of you. The Intelligence Reform and Terrorist Prevention |
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Act of 2004 created a Director of National Intelligence and a |
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National Counterterrorism Center. This new reality will require |
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the office of Information Analysis of DHS to adjust to a new |
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operating environment. IA must take this opportunity to |
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continue to build on its initial progress and construct a fully |
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functioning and operational Intelligence Community component, |
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while ensuring that DHS maintains the vital link to its state |
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and local partners, and also ensuring that as we work to |
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protect the freedom and security of our homeland, we also |
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continue to protect and preserve our civil liberties. |
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The partnerships that you have engaged in have led to |
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central communications links between the federal government and |
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state, local, tribal and private sector officials. These links |
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help to ensure that the men and women on the frontlines in the |
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fight to protect our homeland have the essential information |
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they need to help prevent another terrorist attack. I hope your |
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testimony today will address how these links and partnerships |
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are being strengthened and refined to help keep America safe. |
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I welcome you, General Hughes, to the subcommittee today. I |
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also want to thank you, as somebody who has also worn the |
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uniform for, in my case, 37 years, 7 months, and 24 days, but |
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who is counting. When you are having a good time, you do not |
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count it all up. But I want to thank you for your very |
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distinguished service to our country. I look forward to hearing |
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your testimony. |
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I would like now to recognizing the Ranking Minority Member |
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of the subcommittee for any statement that she may wish to |
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make. |
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Ms. Lofgren. Thank you, Mr. Chairman. Thank you for calling |
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this hearing to discuss the proposed fiscal year 2006 budget, |
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building the information analysis capability of the Department |
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of Homeland Security. |
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Mr. Chairman, I look forward to working with you. I hope to |
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be able to have a good, productive and professional |
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relationship on this subcommittee, as I enjoyed in the last |
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Congress with Chairman Thornberry. That was a very rewarding |
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experience for me, and I think for Chairman Thornberry. |
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We worked together as a team. We developed our hearings |
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together. We decided our witnesses together. We wrote bills |
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together. In the end of the Congress, we issued not a majority |
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report and a minority report, but we issued one report from our |
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committee. I hope that we will have that same level of success |
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in standing up for our country and making sure that we are |
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facing. |
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General Hughes, I welcome you and I look forward to hearing |
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your testimony, as we work with you as we seek to empower the |
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critical exchange of information within the Department of |
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Homeland Security. You have a difficult task, and I hope that |
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the subcommittee will be able to help you as you work to |
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enhance the department's capability to collect, aggregate, |
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analyze and share information. |
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I understand your office is responsible for four specific |
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tasks: analyzing and mapping terrorism threat intelligence to |
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vulnerabilities in the nation's critical infrastructure; |
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sharing information with state and local governments and at |
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times with the private sector on the public information |
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concerning terrorist threats; meeting operational efforts |
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regarding the homeland security advisory system; and providing |
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intelligence analysis to senior DHS officials. |
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As you may know, I served for 14 years on the Board of |
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Supervisors for in Santa Clara County, so I have a very keen |
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interest in how information is shared with local governments so |
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that they can take appropriate action. I am also very |
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interested in how we have assessed what is vulnerable so that |
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we can effectively map the threats that we discover. |
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Finally, I do not want to be a nag, but I am going to raise |
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it anyhow. This is your first meeting before us and so I am |
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going to cut a little slack to the department, but there is a |
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Committee Rule, rule 11(j), that requires witnesses to have |
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their statements to the committee in advance of the actual |
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hearing. It is 48 hours that testimony is to be submitted, and |
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we received your testimony just 4 hours ago. |
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So this is not a senseless rule. I like to read the |
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testimony before I come to a hearing and have the staff analyze |
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it, and receiving it 4 hours in advance of a hearing just does |
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not permit that. If we are going to do our job well, you need |
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to help us by complying with that rule. So I hope I will never |
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have to refer to that rule again, and I look forward to your |
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testimony. |
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Thank you, Mr. Chairman. |
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Mr. Simmons. Thank you. That is a good and a useful comment |
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to make. |
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I would now like to recognize the Chairman of the full |
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committee, the gentleman from California, Mr. Cox, who I just |
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mentioned a few minutes ago has played an historic role, a |
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truly historic role, in bringing about a full Committee on |
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Homeland Security. |
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I believe the reorganization of our government over the |
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last several years is the largest reorganization we have |
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encountered since World War II, with the National Security Act |
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of 1947 and the creation of the Department of Defense. With |
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that massive reorganization goes a requirement to oversee the |
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Department of Homeland Security. |
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Chairman Cox has been a critical component in making sure |
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that the Congress lives up to its obligations in these |
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difficult, historic times. |
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Mr. Chairman? |
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Mr. Cox. Thank you, Mr. Chairman. |
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I want to begin by welcoming Chairman Simmons to this |
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subcommittee. We are picking up the work that was carried on in |
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the Select Committee on Homeland Security during the last |
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Congress. I do not think there is any question that by |
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background, Congressman Simmons is well suited to chair this |
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subcommittee. I do not think there is any question either that |
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Zoe Lofgren of California is very able and equipped to serve as |
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our Ranking Member on this subcommittee. |
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General Hughes, as you know, we have been on this |
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committee, at least as it was constituted in the last Congress, |
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aggressive supporters of your responsibilities in the |
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Department of Homeland Security. Since the last Congress, we |
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have enacted legislation creating a national Intelligence |
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Director and creating the NCTC that will have profound impacts |
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on the Information Analysis responsibility within the |
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Department of Homeland Security. |
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I note that this is not a packed hearing room and it is in |
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some senses ironic because I do not believe we will ever focus |
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on anything that is more central to the government's |
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responsibility in protecting Americans from terrorism than what |
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we are going to be talking about today. So to those of you are |
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here, you are involved in a very important undertaking on |
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behalf of our country. |
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The Homeland Security Act of 2002 gave the department a new |
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overriding counterterrorist mission that had not previously |
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been the job of any part of the federal government. It sought |
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to enable to department's success in this new mission through a |
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Directorate of Information Analysis and Infrastructure |
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Protection. The information analysis portion of that |
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directorate is the intelligence piece overview with prevention, |
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particularly when it comes to the eventual threat of terrorists |
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armed with nuclear weapons, not dirty bombs, but real nuclear |
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weapons, or terrorists armed with bio-weapons, particularly |
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bio-engineered weapons that are designed to be resistant to |
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antidotes and vaccines that we might have stockpiled. There can |
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be no overstating the importance of prevention. That is what |
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this is all about. |
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During the Cold War, I think we understood that dealing |
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with the response and recovery from a nuclear exchange was not |
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plan A, plan B, or plan C. We were very much focused on |
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avoiding that nuclear exchange. Likewise, the prospect that |
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terrorists might apply weapons of mass destruction now or in |
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the future has to cause us to focus enormous attention on |
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prevention. That is what we hope, notwithstanding the passage |
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of the 9/11 Commission Recommendations Implementation Act, we |
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can continue to do under the legal mandate of the Homeland |
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Security Act. |
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The memorandum of understanding on information sharing of |
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March 2003 was a truly unprecedented undertaking between the |
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Attorney General, the Director of Central Intelligence, and the |
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Secretary of Homeland Security. Its purpose is to move |
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information along and through these three communities free of |
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the longstanding constraints that existed prior. There are some |
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signs that are less encouraging or convey a mixed message about |
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our potential to achieve what we envisioned when we wrote the |
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Homeland Security Act and in passing the law in 2002, and when |
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this memorandum was agreed to in 2003. |
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I hope today, General Hughes, that we have the opportunity |
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to understand from you exactly where we are headed and whether |
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we have the resources to get there. |
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I thank you, Mr. Chairman. |
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Mr. Simmons. I thank you for your comments. |
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Now, the Chair would like to recognize the Ranking Member |
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of the full committee, Mr. Thompson from Mississippi. |
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Mr. Thompson. Thank you, Mr. Chairman. I am appreciative of |
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you calling this hearing at this time. Even though we cannot |
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discuss the numbers for this department in open session, I |
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think there are some issues that we need to get on the table |
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real quick for the sake of the public. |
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I guess about 2 months ago, Ms. Lofgren and I had an |
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opportunity to look at the vulnerabilities of our |
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infrastructure by state. We were somewhat dismayed, Mr. |
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Chairman, at how inconsistent that list was by state, and we |
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are really concerned that somehow we have to have some |
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standardization associated with that infrastructure list. As I |
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understand it, there are some 85,000 vulnerabilities identified |
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from miniature golf courses to shopping centers and what have |
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you. But I am concerned about it, and I want to make sure that |
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we address it this year so that we all, as members of this |
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committee, can feel comfortable that those critical |
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infrastructures in our districts clearly are being identified |
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so that they can be protected. |
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In addition to that, I am concerned about this information |
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sharing across the board, whether or not we have satisfactorily |
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changed the culture of the department so that they are actually |
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talking to each other. We hear comments all along about |
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departments being territorial with their information, and if we |
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are indeed protecting the homeland. We ought to make sure that |
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all those agencies involved in protecting us are communicating |
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with each other. So I look forward to this hearing and many |
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more around this subject. Obviously, I look forward to your |
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testimony, General Hughes. |
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Thank you very much. |
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Mr. Simmons. I thank the gentleman for his comments. As |
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somebody who worked for the CIA for 10 years, and then finally |
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in military intelligence for over 30 years, sharing information |
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is a hugely important issue. Security is important, but a |
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perfectly secure piece of information which is not disseminated |
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is of no use. So what we have to do is come up with a balancing |
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act. We have to balance the needs for security with the needs |
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for sharing so that we can better protect the American |
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homeland. So that is a very good point. |
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General Hughes, thank you again for coming before the |
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subcommittee today. I will apologize to you in advance. I will |
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have to vacate myself from the chair in a few moments to meet |
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with the Secretary of the Navy in a prior commitment. I trust |
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that our distinguished full committee Chairman will be able to |
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carry on in my absence. I will be back as soon as possible. |
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Thank you for being here today, and we look forward to hearing |
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your testimony. |
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STATEMENT OF LIEUTENANT GENERAL PATRICK HUGHES (RETIRED), |
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ACTING UNDER SECRETARY FOR INFORMATION ANALYSIS, AND |
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INFRASTRUCTURE PROTECTION, AND ASSISTANT SECRETARY FOR |
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INFORMATION ANALYSIS |
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Lieutenant General Hughes. Thank you very much. I am glad |
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to be here today, too. I may have been the victim of a |
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biological attack before coming here. I am a little ill. |
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Mr. Simmons. Spread it around. |
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Lieutenant General Hughes. I am trying not to. I hope you |
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will forgive me if I have to cough or blow my nose or |
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something. My apologies. |
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I liked your opening comments very much. I, too, have worn |
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a set of dog tags around for a long time, and have the same |
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frame of reference. I note that this is quite different, |
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however. I did not realize, I don't think, before I came to the |
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Department of Homeland Security how different it is to come |
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into my office in the morning and find myself examining a map |
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of the United States and operating in the construct of our |
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national values and civil liberties and rights of American |
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citizens, as compared to the military application of force in |
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an overseas environment. It is quite interesting to me, and has |
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caused me to have to shift to some degree my mind set. |
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I think I would like to apologize to the Congresswoman for |
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the delay in our testimony getting here. I would merely say we |
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did submit it on time, but the clearance process did not |
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respond. We will do our best, though, and your point is not |
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only well taken, but understood. So thank you very much. |
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I believe from your comments and Ms. Lofgren's comments and |
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others that I have to clear the air here. Otherwise, I will |
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proceed in this hearing under false pretenses. My last day on |
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this job will be March 15. You are speaking to someone who will |
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not be carrying out for the most part many of the hopes and |
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dreams that you have as a federal official, but in my future I |
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will continue to support the Department of Homeland Security, |
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and I will do everything I can to support the government in the |
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future. I would just like you to know that, because it sounded |
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like in your comments you did not know that, and you expected |
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me to be continuing in this job. I hope that is not too much of |
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a surprise to you. |
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Mr. Simmons. Well, you are on the hot seat right now, so |
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let's just keep you there until you disappear. |
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Lieutenant General Hughes. That is fine. I am not trying to |
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avoid anything. I merely want you to know my tenure here is |
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relatively short. I would be glad to answer questions about |
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that, if you would like me to include any ideas I might have |
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about my replacement. |
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The last comment I would like to make to you all is that I |
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have lived through the last year and a few months with you. I |
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have come before you on a few previous occasions formally and |
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several times informally. I have appreciated every opportunity |
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I have had to talk with you and interact with you. I can look |
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you directly in the eye and tell you that we have made |
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progress. We have made a lot of progress. In some cases, it is |
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not smooth or very attractive, but it is real. We are |
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continuing that progress. The dedication and devotion of the |
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people who are carrying out the work of the Department of |
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Homeland Security, if you have that in your mind, you can never |
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be in doubt. |
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We do require guidance and direction and we do require |
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measuring and rating at times, and we do require a steward and |
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admonition and wisdom from others. But the heart, the spirit, |
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the devotion and the dedication to duty is present in all of |
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those who serve in this department. |
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Thank you very much. I will be happy to answer questions |
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you ask. |
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[The statement of Lieutenant General Hughes follows:] |
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PREPARED STATEMENT OF PATRICK M. HUGHES |
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Good morning Chairman Simmons, Congresswoman Lofgren and |
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distinguished Members of the Committee. It is a pleasure to appear |
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before you today to discuss the Information Analysis (IA) capability of |
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the Department of Homeland Security (DHS). This time of year marks the |
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two-year anniversary of the actual ``stand up'' of the Department. We |
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have really been able to support the intelligence and information needs |
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of the Department for about 13 months. As we transition much of the |
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senior leadership of the Department and as we anticipate the arrival of |
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our new Secretary, we clearly intend to work to improve our |
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capabilities, but it is important to acknowledge the tremendous efforts |
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of the many individuals who have worked tirelessly to bring together a |
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functional and effective intelligence support organization. I want to |
|
specifically mention the extraordinary men and women of the Information |
|
Analysis and Information Protection Directorate (IAIP) with whom I am |
|
so proud to have served. These superb professionals, laboring often in |
|
the background, are focused on the business of the Department and the |
|
Nation because they are 100 percent committed to our mission and our |
|
Nation's security. Judging from the feedback I have personally |
|
received, and according to my professional judgment, we--they--are |
|
making a difference with our effort to provide accurate, timely, |
|
actionable, and cogent information to the customers we serve. |
|
It is also important to recognize the impressive strides made in |
|
the area of information sharing, collaboration and cooperation at the |
|
Federal level. We have worked hard to develop more robust and |
|
deliberate interaction with our Federal partners, particularly with the |
|
Federal Bureau of Investigation. Our joint efforts with the National |
|
Counterterrorism Center (NCTC), our relationships with DOD and the |
|
Central Intelligence Agency (CIA) and other key departments, such as |
|
Justice, State, and Energy, have greatly advanced our collective |
|
capabilities and relationships. Our current information sharing and |
|
collaboration environment within the government is far superior to that |
|
which existed before the establishment of DHS and has notably improved |
|
during the past year. We look forward to the advent of the Director of |
|
National Intelligence and continuing progress throughout the |
|
intelligence community. |
|
Our efforts to build a DHS intelligence capability are oriented |
|
around three overarching imperatives. These are: building and expanding |
|
capacity within the Department; furthering our coordination and liaison |
|
efforts with all of our stakeholders, domestic and foreign, government |
|
and non-government; and, creating and distributing the work products |
|
that will ensure we all have the right information, at the right time, |
|
in the right way. . . to protect and preserve. In short, we are doing |
|
our job supporting the Department of Homeland Security and in my view |
|
doing it well. |
|
As we evaluate and assess the roles and mission of the Office of |
|
Information Analysis (IA), I believe we must acknowledge IA's role |
|
within the broader construct of DHS. IA should be considered the Office |
|
of Intelligence for the Department. This essential function will |
|
include building out the intelligence infrastructure for DHS |
|
Headquarters and ensuring the establishment of common Intelligence |
|
Community (IC) standards that apply to the ``intelligence elements'' of |
|
the ``components'' of DHS. The 9/11 Commission Report specifically |
|
cited the continuing need to assimilate and analyze information from |
|
DHS' own components. IA needs to better integrate, coordinate, |
|
correlate and fuse these activities and the intelligence information |
|
they produce, in partnership with all component intelligence elements. |
|
IA, acting as the Departmental intelligence office, is developing a |
|
plan for the integration and collective application of all DHS |
|
component intelligence organizations in a way that will achieve greater |
|
synergy in this mission area. IA is and will continue to develop as the |
|
Departmental intelligence support element, while continuing to pursue |
|
its statutory obligations under the Homeland Security Act. As you know, |
|
IA is a part of the Intelligence Community and its funding is provided |
|
by the Intelligence Authorization Act, the specifics of which are |
|
classified. While I cannot go into classified specifics in this open |
|
forum, I am more than ready to discuss IA's budget with you in an |
|
appropriately classified session at your convenience. |
|
We have a dynamic vision of how intelligence and information will |
|
be analyzed, how the analytic elements of the Department will be |
|
managed to achieve optimum benefit, and how to develop a budgetary |
|
strategy that will unify the programs related to intelligence |
|
activities and information analysis across DHS. A major collaborative |
|
study is currently under way within the DHS to establish the baseline |
|
for this effort. In addition, we seek to reshape the Department's |
|
efforts consistent with the Intelligence Reform and Terrorism |
|
Prevention Act of 2004 (IRTPA) and the new authorities of the Director |
|
of National Intelligence (DNI). |
|
No less important is the need for adequate facilities, analysts, |
|
and program resources to assure that the complex and difficult process |
|
for obtaining and analyzing intelligence is managed, operated and |
|
sustained. It is not sufficient to simply create authorization for |
|
fully funded U.S. Government employees without also providing the |
|
resources to properly house these intelligence professionals in |
|
facilities that are designed and constructed to facilitate the receipt, |
|
handling, analysis, and storage of highly classified material in order |
|
to protect and preserve our security. To that end, the 2006 budget |
|
request includes $38 million to allow IAIP to fit out facilities that |
|
meet security and information technology requirements and allow IAIP to |
|
access and analyze intelligence, collaborate with our partners and |
|
execute the mission we have been given. IAIP came into the Department |
|
with no legacy facilities and no predetermined permanent housing. We |
|
now have a plan to occupy both swing and permanent facilities that fit |
|
our needs, and this funding request will enable us to complete that |
|
plan. |
|
As we work toward building IA's capability, we have framed our |
|
thinking around a new paradigm that seeks to encompass ``all |
|
information necessary to protect and preserve the homeland.'' Within |
|
that environment are subsets of information such as defense or military |
|
information, intelligence information, law enforcement information, |
|
homeland security information, and critical infrastructure information |
|
as well as public and private sector information. All of these types of |
|
information make up the vast array of intelligence that DHS needs to do |
|
its job. |
|
DHS is a fully vested member of the IC and the Office of the |
|
Assistant Secretary for Information Analysis represents the Department |
|
in all IC venues, ensuring that DHS interests and requirements are |
|
fully represented and considered among the community. IA analysts have |
|
access to the most sensitive national intelligence regarding |
|
international and domestic terrorist threats, and the interaction with |
|
their peers throughout the IC continues to develop and improve. Much of |
|
the information we receive comes to us from IA analysts' connections to |
|
the Joint Worldwide Intelligence Communications Systems (JWICS), NCTC |
|
Online, the IA Automated Message Handling System (AMHS), the Homeland |
|
Security Information Network (HSIN), the Open Source Information System |
|
(OSIS), and a variety of other formal and informal (i.e., analyst-to- |
|
analyst) mechanisms. These information streams from external sources |
|
are augmented by our own internal reporting from DHS components. We are |
|
increasingly well informed, but not yet satisfied with this endeavor. |
|
The range of intelligence and information coordinated by IA from |
|
the IC, and our state, local, tribal, municipal and private sector |
|
partners; as well as from all DHS entities with intelligence and |
|
operational capabilities, is both impressive and daunting. These |
|
entities--and their products--continue to be an important part of how |
|
IA does its work. |
|
IA's relationship with our colleagues in the Infrastructure |
|
Protection (IP) Directorate is critical to our success. Jointly we are |
|
able to deliver threat-informed vulnerability analysis and data- |
|
supported risk assessments regarding our critical infrastructure to our |
|
constituents and customers--notably the private sector, which owns the |
|
vast majority of our nation's critical infrastructure. |
|
IA is an integral part of the Homeland Security Operations Center |
|
(HSOC) effort to monitor and communicate on all matters of homeland |
|
security interest 24x7. Intelligence from DHS components that IA |
|
correlates and analyzes provides invaluable perspectives and insight |
|
for the entire Federal government. From a citizen providing a Patriot |
|
Report on suspicious activity, to Border and Transportation Security |
|
(BTS) reports regarding individuals of interest trying to enter the |
|
United States illegally, or US Coast Guard reports regarding suspicious |
|
activity near critical infrastructure. Such information is provided to |
|
IA through the same methods the larger IC uses: the physical presence |
|
of DHS component and IC element liaison officers within both IA and the |
|
Homeland Security Operations Center (HSOC), strong linkage between the |
|
HSOC and our constituents, and communication between analysts and |
|
leadership. In fact, the presence of representatives of 30 separate |
|
Federal and local representatives within the HSOC provides a |
|
perspective and collaboration capability that is virtually unique. |
|
Additionally, coordination within DHS is aided by regular meetings of |
|
the intelligence chiefs of each entity, led by the Assistant Secretary |
|
for Information Analysis. |
|
It is not sufficient to just produce information. In order to be |
|
effective, information must be shared. DHS has developed this |
|
capability and in cooperation with our Federal partners and is |
|
coordinating information sharing among previously unconnected systems. |
|
For example, DHS has collaborated with the Justice Department on the |
|
DOJ Law Enforcement Sharing Plan. Further, the Homeland Security |
|
Information Network (HSIN) is a ``system of systems'' that provides |
|
discrete communities of interest for Law Enforcement, Counter |
|
Terrorism, Analysts, Emergency Management, and Critical Infrastructure |
|
groups to collaborate and share critical information in real time. In |
|
addition, the DHS network provides the ability to pull together |
|
participants from all of these communities, into a shared space to |
|
collaborate, during any period when the threat creates the need. |
|
Further, as a direct result of the Department's Information Sharing and |
|
Collaboration (ISC) initiative to cooperate and work jointly with other |
|
Federal partners, DHS and DOJ/FBI have established the first ever |
|
capability to share information between our respective communications |
|
and automation networks. Specifically, we were able to connect the |
|
Homeland Security Information Network with the Regional Information |
|
Sharing Systems (RISS) and Law Enforcement Online (LEO). More needs to |
|
be achieved but we are on the right track |
|
Already, the DHS ISC Program has engaged other Federal, State, |
|
local, and Tribal, information sharing programs in an effort to create |
|
synergy by fostering mutual awareness of their key programs and |
|
capabilities, and creating a forum to garner feedback on policies and |
|
procedures under development at the Federal level. Additionally, this |
|
effort has resulted in the first ever capability to share information |
|
among the State, local, and tribal information sharing systems. |
|
IAIP's fiscal year 2006 budget request includes $7,482,000 for ISC. |
|
The Department is budgeting an additional $5,000,000 from the Chief |
|
Information Officer and $4,000,000 from the Working Capital Fund to |
|
bring the total funding for ISC in fiscal year 2006 to $16,482,000. |
|
In addition to receiving information from these entities, IA is |
|
routinely sharing information and collaborating at all levels--from the |
|
Federal Government and the IC to State and local officials. DHS |
|
component organizations also serve as a conduit through which |
|
information and warnings can pass to government at all levels. Thus, |
|
IA's continuous information sharing and collaboration with the HSOC, |
|
BTS, USCG, and other DHS entities, provides valuable information to all |
|
of the men and women responsible for protecting the homeland. |
|
It is IA's specific focus on the protection of the American |
|
homeland against terrorist attack that is unique among its IC partners. |
|
This focus provides invaluable information and assistance not only to |
|
State, territorial, tribal, local, and private sector officials that |
|
receive accumulated threat information, but also to DHS components that |
|
use the information, trends, and indicators to inform and prepare |
|
operators and decision makers on the front line. The relationship IA |
|
has with the HSOC, BTS, and other DHS entities translates into |
|
continuous information sharing and collaboration that provides a unique |
|
threat picture and actionable information to those who are vital to |
|
protecting the homeland. |
|
The Department of Homeland Security is a prime example of how |
|
changes have been made within the Intelligence Community, the |
|
counterterrorism community, the law enforcement community and the |
|
response community to work more cohesively as well as more |
|
collaboratively, and to assure information is shared as fully and |
|
completely as possible. This represents a dramatic change from |
|
conditions as they existed before September 11th, 2001 and an very |
|
impressive change from even one year ago. DHS plays a central role in |
|
the counter-terrorism and homeland security effort as we continue the |
|
work of communicating intelligence and information to our partners in |
|
the federal government as well as with the State, territorial, tribal, |
|
local, major city and private sector officials charged with protecting |
|
the people and infrastructure of the United States. |
|
We are proud of our work and our place in the larger national |
|
defensive network and we look forward to a safe and secure future for |
|
our nation. Mr. Chairman and Members of the Committee, this concludes |
|
my prepared statement. I would be happy to answer any questions you may |
|
have at this time. |
|
|
|
Mr. Simmons. I thank you for your testimony. What we will |
|
do is I will ask a question and then I will go to my left and |
|
right by order of appearance at the time of the gavel and |
|
thereafter, after of course our Chairman and Ranking Member |
|
have had their opportunities. |
|
I commanded a military intelligence unit in the mid-1990s |
|
that created a handbook for open source intelligence that was |
|
eventually adopted by the U.S. Army as doctrine. I have had a |
|
personal interest in open source intelligence ever since. I |
|
have traveled to Special Operations Command in my capacity as a |
|
member of the Armed Services Committee. I have gone to open |
|
source conferences. I have met with officials from around the |
|
world who have an interest in this capability. |
|
It seems to me that open source acquisition or open source |
|
intelligence, that is intelligence that is created from the |
|
collection and analysis of open sources of information, lends |
|
itself particularly to the intelligence challenges of the |
|
Department of Homeland Security for two reasons. One, in some |
|
respects the information that we are relying on or looking for |
|
may come from that small municipal county sheriff's department, |
|
for all we know. It needs to be transmitted quickly, and it |
|
does not need to be classified in and of itself. Two, products |
|
that are derived from open source acquisition and analysis |
|
often do not have to have the same level of classification as |
|
those that are collected through other venues, so it is more |
|
readily available to share with the American people. |
|
Cost is also a factor. Where are we in the development of |
|
this capability in support of the mission of the Department of |
|
Homeland Security, and where would you like to see us go? |
|
Lieutenant General Hughes. We have explored a number of |
|
avenues with regard to open source information. I have been a |
|
proponent of it for a long period of time. I have to tell you |
|
that I have discovered along the pathway that I have taken, |
|
anyway, that there are some problems with it. A lot of |
|
information from open sources, much of it is erroneous, wrong. |
|
When we use it exclusively without cross-checking it with |
|
something else, we have found, I have found, it has been my |
|
experience, that it usually gets us in trouble. |
|
So I think while I think there is great power in this |
|
source of information, I also think we need to tread carefully |
|
in using it, and understand the context in which it can be |
|
used. We have on our computers now in the IA element the OSIS. |
|
It stands for the Open Source Intelligence System that the |
|
intelligence community is the proponent for and now provides |
|
numerous search engines, databases, media files, download |
|
capabilities of all kinds, including photographs, pictures of |
|
the ambient culture and environment around the world. We have |
|
all that at our fingertips right now. We have had guest |
|
speakers on this topic we have tried to inculcate in the |
|
homeland security intelligence analysis the power of, the idea |
|
of open source intelligence. |
|
I do not know whether you are familiar with a gentleman |
|
named Robert Steele. |
|
Mr. Simmons. I am intimately familiar. |
|
Lieutenant General Hughes. Okay. |
|
Mr. Simmons. I think you know what that means. |
|
[Laughter.] |
|
Lieutenant General Hughes. Yes, I do. I do. Robert Steele, |
|
for all of his many interesting characteristics, has been |
|
something of a pioneer in this field. We have had him come and |
|
talk to us. It was a very interesting talk and very |
|
deliberative and engendered a lot of discussion. I think that |
|
with Robert Steele's views as something on the far end of the |
|
utility spectrum, you may think of never using open source |
|
information as the other end of that spectrum. We are trying to |
|
find utility and balance along that spectrum. |
|
Once again, I think it has great potential and we are very |
|
knowledgeable about it and using it. |
|
Mr. Simmons. Thank you for that response. |
|
I would like to recognize the gentlewoman from California, |
|
Ms. Lofgren. |
|
Ms. Lofgren. Thank you very much. |
|
I am concerned about the number of contractors that are in |
|
the department, instead of full-time employees, not just in IA, |
|
but throughout the department. One question I have, without |
|
getting into the numbers, which we cannot, is whether you are |
|
confident that we have sufficient budget authority to actually |
|
have staff, as opposed to contractors, in the upcoming fiscal |
|
year. |
|
Lieutenant General Hughes. Yes, ma'am. I believe that the |
|
budget authority is not in question here. Finding the expertise |
|
is a problem. And accompanying this, to the best of my ability |
|
to characterize the truth here, it is true that the contractors |
|
have offered us and we have taken advantage of their offer, |
|
some very fine people with some tremendous technical expertise |
|
that we were not able to acquire in any other way. |
|
Back to the fiscal realities of this, those people are |
|
costing us more money than a federal employee would. However, |
|
you cannot get them. We have not been able to get them by |
|
hiring them off the street. They are a limited supply and high |
|
demand. |
|
Ms. Lofgren. I know we cannot go into the numbers in this |
|
open session, but I would be interested in a secure setting to |
|
take a look at where that balance is so we can get a handle. I |
|
know in some of the other aspects of DHS, I have a better |
|
handle on the contractor-to-employee ratio and how it is |
|
working. I would like to do that if I could arrange that with |
|
you. |
|
Lieutenant General Hughes. I would be happy to do it. In |
|
lieu of reading, which might take a longer time, I can get an |
|
information paper back to you that has the details at either |
|
the unclassified level or at the level of classification that |
|
we have. |
|
Ms. Lofgren. Why don't you do that, and then if I have |
|
further questions, we can follow up further. |
|
Lieutenant General Hughes. I am happy to do so. |
|
Ms. Lofgren. I appreciate that. |
|
In thinking about the task that you face, is it fair to say |
|
that the largest part of the IA job is to map the intelligence |
|
collected by other agencies to the critical infrastructure |
|
information maintained by IP? If that is the case, I am |
|
wondering what influence you have, if any, on the state of the |
|
critical infrastructure listing and analysis, and how much that |
|
is impairing your task? |
|
Lieutenant General Hughes. First, the answer to the first |
|
part of your question, is that our primary or most critical |
|
function, my answer to that, I am sorry to say, is no. Our |
|
primary task and our most critical function has become, and I |
|
think it is logical for this to happen, departmental support |
|
across the board, working as an all-source intelligence |
|
producer for the department. That is really our work in its |
|
primary form. |
|
The most important part of that work is to continue that |
|
interface between IA, the intelligence part, and IT that does |
|
the risk analysis and vulnerability assessment, but I will have |
|
to tell you that it is a little bit hard for all of us to |
|
understand, the risk analysis and vulnerability assessments are |
|
not done strictly on the basis of threat. They are done with |
|
civil characteristics in mind. One of them is apparent |
|
vulnerability to possible attack using means of attack. Another |
|
idea that is applied here is whether or not a particular kind |
|
of infrastructure has proven to be attackable if gaps are not |
|
closed and if vulnerabilities are not reduced. |
|
Another idea behind it is the value of the infrastructure, |
|
whether it has ever been attacked or not. That is kind of a |
|
strategic assessment. As an example, I think Mr. Thompson |
|
mentioned miniature golf courses or something like that. |
|
Obviously, when you are using good common sense, not high- |
|
faluting intelligence, and you are weighting the importance of |
|
a miniature golf course against a nuclear storage site, |
|
hopefully most people would choose the nuclear storage site. |
|
That does not mean, however, that something in between those |
|
two extremes does not need some kind of protection. |
|
Ms. Lofgren. I know my time is up, but the concern I had |
|
with the latter question is that in fact the miniature golf |
|
site is on the list and the nuclear power plant is not. So if |
|
part of your job is to map the threats to the listing of the |
|
critical infrastructure, and the critical infrastructure is |
|
just random, how do you do that job? |
|
Lieutenant General Hughes. That should not be the case. I |
|
am not familiar with the specific part of the list that you are |
|
telling me the nuclear power plan is not on there, but let's |
|
suppose that that is accurate. That is a mistake and we need to |
|
fix that. |
|
Ms. Lofgren. Okay. Thank you. |
|
Lieutenant General Hughes. You are welcome. |
|
Mr. Cox. [Presiding.] General, I would like to go into some |
|
of the numbers in this open session, and I do not see any |
|
reason that we cannot discuss the programmatic figures here. My |
|
understanding with staff is that these are all open. I would |
|
like to talk about threat determination and assessment, |
|
evaluation and studies, the homeland security operations |
|
center, and the new account for information sharing and |
|
collaboration. |
|
I wonder if, just to set the stage for discussion of this, |
|
if you could describe for the subcommittee what each of these |
|
programs is in chief focused upon, starting with TDA. |
|
Lieutenant General Hughes. I hope I can do this right, but |
|
it is not a classification issue. It is a knowledge issue, so I |
|
am going to have to refer to a book. The first one you wanted |
|
to talk about, sir, was? |
|
Mr. Cox. Threat determination and assessment. Do you know |
|
what I can do also, I mean, we are sort of constrained to go |
|
through this program by program in order to talk about it in |
|
this open session, but I would like to get into what is the nub |
|
of your work. The figures that I have before me include the |
|
programs for threat determination and assessment, evaluation |
|
and studies, homeland security operations center, and |
|
information sharing and collaboration. I wonder if you could |
|
begin with whichever of these is closest to the core function |
|
of IA to do all source intelligence fusions? |
|
Lieutenant General Hughes. Obviously, threat determination |
|
and analysis is a primary factor. I am not sure exactly what |
|
you want to know, but if you want to know if our budget is |
|
adequate, the answer I believe is yes. |
|
Mr. Cox. To the extent that threat determination and |
|
assessment is central to your mission, it would disturb me, |
|
then, that we are cutting its budget. |
|
Lieutenant General Hughes. I do not know if you should be |
|
disturbed about that, sir. We are not cutting it too much. The |
|
issue here is the threat determination, after you initially |
|
make it on a piece of fixed infrastructure, does not really |
|
need too much work after that if nothing changes. So once you |
|
lay down a baseline, you may not need quite the same level of |
|
effort that you did in the past. You do not have to re-do that |
|
baseline. |
|
Mr. Cox. Over time, we have been working with the |
|
department and with you directly to make sure that you acquire |
|
the number and quality of analysts necessary to perform IA's |
|
function. To what extent do these programmatic figures for TDA, |
|
for evaluation and studies, for the operations center and for |
|
information sharing and collaboration reflect the number of |
|
analysts that you have at your disposal? |
|
Lieutenant General Hughes. In the case of the operations |
|
center, there is no parallel at all. The operations center |
|
generally has people in it who are doing what I would refer to |
|
as information transfer. They are getting information in from |
|
any source at all. They do not analyze the information. They |
|
put it in the right bins. They alert people to the fact of the |
|
information. They pass it to others. They do any analytic |
|
endeavor. |
|
Mr. Cox. I note that the operations center is getting a big |
|
plus-up of, it looks to eyeball it, of about 40 percent. |
|
Likewise, evaluation and studies is getting a healthy increase. |
|
The threat determination and assessment account, on the other |
|
hand, is being reduced, and the explanation that has been |
|
provided to committee staff is that it is due in large part to |
|
a decrease in purchasing from government accounts and a |
|
decrease in advisory services needed for this account. |
|
To be perfectly honest with you, I do not have any idea |
|
what that means. So I do not know whether or not I need to be |
|
concerned. I know what our chief programmatic concerns are, and |
|
that is that we continue to help you build a core of talented |
|
analysts who can carry the full statutory mission forward of |
|
all source intelligence analysis, and make sure that even post- |
|
9/11 Act, that the Homeland Security Department is a major |
|
participant in the intelligence community at the NCTC. |
|
Lieutenant General Hughes. I think your concern is well |
|
founded. If I could try it from a macro level, our overall |
|
budget I think is about 2 percent reduced, but money has been |
|
shifted around inside the structure of the IAIP to meet needs |
|
that we believe are present. Part of the plus-up in the HSOC is |
|
to handle COOP requirements and to meet the needs of the |
|
information flow that we anticipate is going to come into the |
|
department from greater feeding of information. This is raw |
|
information from the state and local sectors. In other words, |
|
we think after fielding homeland security information network, |
|
and that is JRIES with a new name on it, and after upgrading it |
|
to the secret level, we will be getting a lot more raw |
|
information. |
|
Handling that, processing it, is part of the plus-up that |
|
you see there. The idea of whether or not I can characterize |
|
what this set of words or phrases means exactly is kind of a |
|
mystery to me, too. In fact, I do not know if I could explain |
|
it. But I think the idea here is to get the information into |
|
not only the operational channel, but the intelligence channel |
|
for analysis concurrently. Lots of information that comes, |
|
especially the state and local and private sector, does not |
|
require much analysis in its initial form. It is a spot report, |
|
a patriot report, a person's call-in of suspicious activity. |
|
That may indeed be a piece of information that has to be |
|
put into the analytic environment, but standing alone it can |
|
also be passed to operators and actors for their initial |
|
appraisal of the information. To use the phrase, the phrase has |
|
become so unpopular, to connect the dots, the connection of the |
|
dots still goes on, but it kind of rests in the background for |
|
some of this information. The foreground is the initial use of |
|
the information in an operational setting, but we have shifted |
|
money around to do that. |
|
Mr. Cox. My time has expired. |
|
The gentleman from Mississippi, the Ranking Member of the |
|
full committee, Mr. Thompson. |
|
Mr. Thompson. Thank you, Mr. Cox. |
|
General Hughes, can you provide this committee with a |
|
breakdown of those contractor services that we are paying for |
|
over and above normal personnel costs, as information that you |
|
get back to us? You do not have to comment on it. Just provide |
|
to us. |
|
Lieutenant General Hughes. Yes, sir. |
|
Mr. Thompson. To your knowledge, are you aware of any |
|
problems with any of those contracting services as of this |
|
date? |
|
Lieutenant General Hughes. I am aware of some problems. |
|
Mr. Thompson. You are? |
|
Lieutenant General Hughes. Yes. |
|
Mr. Thompson. Can you also provide this committee with a |
|
listing of those problems? |
|
Lieutenant General Hughes. I will. |
|
Mr. Thompson. Thank you. |
|
With respect to the mapping the threat to vulnerabilities, |
|
what is your opinion of those vulnerabilities that have been |
|
identified, just in general? Do you think in your opinion those |
|
vulnerabilities meet the test of mapping? Do you think it is 50 |
|
percent complete? Just give me your honest opinion of it. |
|
Lieutenant General Hughes. My honest opinion is that we are |
|
far from finished. Indeed, we are now using a term called |
|
``complex urban environment.'' We are treating the major cities |
|
especially, but also the industrial outliers and some other |
|
parts of the United States that have a concentration of |
|
activity that is of interest to us, and we believe it might be |
|
of interest to the terrorists, as an organism, so that if you |
|
kick the shin of a large complex city, the city may also get a |
|
headache at the same time as the shin hurt, because the thing |
|
is so interconnected. It is very much like an animal or a |
|
human. The nervous system of the city may indeed be affected by |
|
a kinetic blow. That is an important concept. I know it sounds |
|
a little ethereal, perhaps, but it is not. It is a fact. |
|
So probably the most common example of this is the |
|
electricity. You turn off the electricity, you turn off a lot |
|
of capability. If you turn the electricity off for a short |
|
period of time, you can live with it, not a problem. If you |
|
turn it off hard for a long period of time, we would have |
|
difficulty performing some of the functions we now take for |
|
granted. |
|
So that is an example. The electricity itself is what you |
|
have to attack in order to do that, or the control mechanisms |
|
associated with it. That fact, that idea that a hospital, as an |
|
example, when it runs out of fuel and its alternate power |
|
source does not operate anymore, and the electricity is still |
|
off, means that that is a vulnerability you have to assess |
|
carefully. |
|
If you did not assess it properly and have enough vision to |
|
see that after 3 days you were going to run out of fuel, there |
|
may not be a way to get more fuel because the pumps at the fuel |
|
station do not work because the electricity is off. |
|
Mr. Thompson. Okay. |
|
Lieutenant General Hughes. More than you wanted to know |
|
about it. |
|
Mr. Thompson. Well, I just want to know if we identified |
|
the hospital as a potential target. |
|
Lieutenant General Hughes. Absolutely. |
|
Mr. Thompson. Yes, okay. With respect to your present |
|
position, have you any access to all intelligence available? |
|
Lieutenant General Hughes. Yes, I have, but I have to tell |
|
you that not everyone who works for me has. |
|
Mr. Thompson. What was the problem with others not having |
|
access to that information? |
|
Lieutenant General Hughes. There is in the intelligence |
|
committee, it remains to this day, a culture in which a known |
|
person with a certain track record, having been polygraphed and |
|
background investigations done repeatedly over time, and a |
|
certain amount of dependability built into that background, and |
|
perhaps maybe you could even call it familiarization, the old- |
|
boy network, that culture has something to do with what level |
|
of trust and confidence others are willing to place in you. |
|
Mr. Thompson. Mr. Chairman, if I could. So if Congress |
|
passes an Act mandating agencies to share information, do I |
|
understand you to say that that is still subject to whether or |
|
not certain individuals want to share that information with |
|
other agencies? |
|
Lieutenant General Hughes. I probably would not put it |
|
quite like that. It is subject to the rules governing the |
|
information itself and who has access to it for what reasons. |
|
Mr. Thompson. Mr. Chairman, I guess my point is, if we pass |
|
an Act saying that these agencies have to share this |
|
information between them, I am now hearing that there is some |
|
other standard out there somewhere that prevents that |
|
information being shared. |
|
Lieutenant General Hughes. Let me just tell you, if I may |
|
respond to this, this always has been in the intelligence |
|
business in the government, something called the ``need to |
|
know.'' The ``need to know'' rule still applies, and for the |
|
most sensitive kinds of intelligence, about very specific |
|
activities, the ``need to know'' rule still is at work. |
|
My personal view, by the way, is it should be. You should |
|
not tell everyone every single thing every single day. You |
|
should make sure that the key persons who are involved in this |
|
work know the essential issues each and every day, and I |
|
believe that has been done in my case. |
|
Mr. Thompson. Well, I think we will probably have some more |
|
opportunities for discussion. Thank you. |
|
Mr. King. [Presiding.] All right, Mr. Thompson. |
|
General Hughes, let me thank you for your service, and I |
|
certainly wish you well after March 15. |
|
In a way, I will be following up on Congressman Thompson's |
|
question, or maybe expanding it a bit. Obviously, information |
|
analysis is a work in progress. You have described it that way |
|
yourself. |
|
How has the passage of the Intelligence Reform Act impacted |
|
on that, either positively or adversely? Do you feel that the |
|
sharing is working the way it should? Is it better than it was |
|
before? Do you feel constricted? Again, how does it impact on |
|
the Department of Homeland Security? |
|
Lieutenant General Hughes. The first part of the answer is |
|
it is a lot better than it was. |
|
Mr. King. Because of the legislation being passed, or just |
|
because of the evolving of time? |
|
Lieutenant General Hughes. To be very frank, sir, I have |
|
not personally seen or observed any change since the act was |
|
passed that could be attributed directly to the act. Any of the |
|
changes that have occurred were ongoing prior to the act being |
|
passed. The act is going to take some time to reach fruition, |
|
to have impact. |
|
I think it is a very good act. I fully support it. I think |
|
the advent of a Director of national Intelligence is an |
|
important piece of that act and will cause the sharing |
|
function, the interoperability and commonality among the |
|
information systems to occur so that sharing can be better |
|
facilitated, and numerous other functions that we all think are |
|
laudatory. That will happen. It is ongoing, and much of it was |
|
ongoing before the act was passed. That is just a fact. |
|
Over time, since September 11, I have seen a marked |
|
improvement. Indeed, in the past year, as I stated in my |
|
written testimony, there has been a distinct qualitative and |
|
quantitative improvement in the information that is being |
|
shared in the intelligence community. By the way, |
|
parenthetically, in what can be distinguished from the |
|
intelligence community, is the law enforcement community, which |
|
as we all know is the nexus that makes Americans nervous, but |
|
it is a nexus that has to occur in the battle against terrorism |
|
and the battle against destabilizing forces inside our culture. |
|
So that is working. We have a much better information |
|
relationship than we ever did with the FBI. Actually, it is |
|
improving right along. Every few days, we make some kind of |
|
improvement. |
|
Is it perfect? Is it everything we could wish for? No. But |
|
the improvement is so dramatic that I am loath to criticize it |
|
in any way. I am happy to characterize it as something that we |
|
ought to keep going. |
|
Mr. King. I have to ask you, is there anyone that you are |
|
willing to criticize? Are there any elements within the |
|
intelligence community, the law enforcement agencies, who you |
|
feel are not cooperating with the spirit of the post-9/11 world |
|
that we live in? |
|
Lieutenant General Hughes. I am not willing to criticize |
|
them. |
|
Mr. King. Could you question them? Could you enlighten us |
|
as to perhaps areas we should be looking at, where there is not |
|
full cooperation being given? |
|
Lieutenant General Hughes. I think you ought to do what you |
|
are doing now, which is continuing to press the entire |
|
intelligence community and the culture to the degree they |
|
possibly can to have broad and full information sharing. Just |
|
continue the pressure. It is working. I, for one, ascribe that |
|
success not to the practitioners of intelligence, but to you, |
|
the Congress. You have brought pressure to bear, and I thank |
|
you for it. |
|
Mr. King. If we were in closed session, could you direct us |
|
as to where we should apply more pressure, you know, in one |
|
place rather than another? |
|
Lieutenant General Hughes. No. I do not think so. I think I |
|
have given you an honest answer today. |
|
Mr. King. Okay. Also in your opening statement when you |
|
mentioned the fact that you would be leaving on March 15, you |
|
sort of enticed us with a statement that if we have any |
|
questions to ask you about suggestions that you might want to |
|
make, we should ask them. |
|
Let me ask you: Do you have any suggestions as to the |
|
future, regarding the department or regarding your specific |
|
position? |
|
Lieutenant General Hughes. I hope we can continue this |
|
work, strengthen it. We need the support of Congress and |
|
obviously we need the support of this committee and the |
|
subcommittees of the committee that are named after the work of |
|
securing the homeland. You need to be first for effectiveness, |
|
change, progress in the future here on the Hill. You also need |
|
to be our advocate to some degree. |
|
I certainly make a plea for that to continue. My view is |
|
that we did not have the same kind of supporting mechanism in |
|
Congress when we first started out at the so-called ``legacy'' |
|
or older agencies and departments did have. We are slowly |
|
building that. I see the permanence of this committee finally |
|
recognized, I think a year late at least, as a manifestation of |
|
that. I cannot see how you could view it any differently. |
|
Mr. King. Thank you, General. |
|
The gentleman from North Carolina, Mr. Etheridge. |
|
Mr. Etheridge. Thank you, Mr. Chairman. Let me join my |
|
colleagues and thank you for holding this hearing. |
|
General Hughes, thank you for being here. We are going to |
|
miss you. |
|
Lieutenant General Hughes. Thank you, sir. |
|
Mr. Etheridge. I wish you all the best. |
|
My State of North Carolina is a participant in the regional |
|
information sharing system or the RISS program. My question is, |
|
what is the status of linking the homeland security information |
|
network to RISS? How do you propose that we avoid duplication |
|
and confusion when we try to make these linkages so they will |
|
work best for the American people? |
|
Lieutenant General Hughes. RISS and LEO, the law |
|
enforcement side of that, can link now to JRIES. The names kind |
|
of run together here, but the homeland security information |
|
network is being empowered right now by the JRIES system which |
|
was an old Department of Defense system. That system was |
|
brought over to the Department of Homeland Security and put in |
|
place. Most people who have looked at it think it is an |
|
effective and efficient system. RISS and LEO both were able to |
|
link to it. It is not really hard to do. |
|
However, I believe that what we should have is a narrowing |
|
down of these systems and maybe even one system with one name, |
|
which can then be managed technically by one organizational |
|
entity. That is what I would like to see. That has proven to be |
|
an unpopular idea because of the investment that has been made |
|
in each of these separate systems. There are others besides |
|
RISS and LEO and JRIES out there. |
|
So I think another year or so of maturity and perhaps field |
|
evaluation may show, I am hoping it will show, that the power |
|
of combining these systems should be facilitated as rapidly as |
|
possible. |
|
Mr. Etheridge. General, let me follow that up, because it |
|
seems to me if we can get to that, and the sooner the better, |
|
because we save not only time, but we will save money. My |
|
personal view it would be a lot more effective for the American |
|
people and for those who use it. Would you agree or disagree |
|
with that statement? |
|
Lieutenant General Hughes. I completely agree. |
|
Mr. Etheridge. Is there some way, then, that this committee |
|
can help facilitate that movement and the maturity of that |
|
system? |
|
Lieutenant General Hughes. I think you can. I would like to |
|
invite you to have the proponents of the homeland security |
|
information network come here before this committee and give |
|
you their views and RISS and LEO also and others. I think that |
|
would be an excellent thing for you to do. |
|
Mr. Etheridge. Thank you, sir. I will encourage the |
|
leadership to take a look at that at some point. I think that |
|
is real cost savings, and would be very effective for the |
|
American people. |
|
I understand that DHS is attempting to provide useful |
|
intelligence to state and local first responders. How does IA |
|
handle the raw data and reports that you get from state and |
|
local officials coming in from the local? |
|
For example, what is the procedure for a police officer to |
|
report a suspicious activity that they may find, or any law |
|
enforcement officer, that ultimately could be used that may |
|
very well forestall a major problem that Homeland Security is |
|
responsible for? |
|
Lieutenant General Hughes. Right now, a police officer or a |
|
police organization will make a report through law enforcement |
|
channels to the Federal Bureau of Investigation, and either |
|
concurrently or separately to the Department of Homeland |
|
Security. These reports can be made verbally by telephone, or |
|
in some cases by the RISS network or the LEO network or some |
|
other way, a lot of which are terminated at the Homeland |
|
Security operations center. |
|
So the FBI gets them and we get them, generally speaking. |
|
There are cases where we have heard about, where reports do not |
|
come concurrently to one or the other. Usually, the report |
|
usually goes to the FBI first, and does not come to the |
|
Department of Homeland Security as a matter of routine. We are |
|
pressing to fix that by, first, advertising our role in the law |
|
enforcement community and asking them to follow this procedure. |
|
I might add that we have begun in the past year, and we now |
|
have something over 300 reports that are jointly filed with the |
|
Federal Bureau of Investigation. Those reports carry a message |
|
with them in the body of the report that says if you have any |
|
further information, or if you have any indication of activity |
|
associated with this report or in any other way, please report |
|
it to your local joint terrorism task force and the homeland |
|
security operations center. |
|
Mr. Etheridge. Thank you, General. I see my time has |
|
expired. |
|
It seems like this is another area that we could press a |
|
little more on, because if the FBI is not sending that |
|
information over, and it is not being shared, that is not what |
|
we had in mind when we set up Homeland Security. |
|
Lieutenant General Hughes. The FBI, I need to add this, I |
|
hope I did not characterize this wrongly, the FBI is not a |
|
problem in this regard. The FBI, at least as far as I know, is |
|
not preventing information from coming to the Department of |
|
Homeland Security. The local police, the law enforcement |
|
authorities out in the states and localities, sometimes do not |
|
report that information concurrently. But when the FBI gets it, |
|
in most cases they pass it to us, and we do the same. |
|
Mr. Etheridge. Thank you for that clarification. |
|
Thank you, Mr. Chairman. |
|
Mr. King. The gentleman from Pennsylvania, Mr. Dent. |
|
Mr. Dent. Thank you, Mr. Chairman. |
|
General thank you for your service. |
|
My question deals with the credibility of threats. |
|
Obviously, the 9/11 report talked a lot about the need to know |
|
versus need to share, and how do you strike that proper |
|
balance. When information, before it is going to be shared, |
|
obviously you have to determine whether it is credible. What is |
|
the process for determining the credibility of these types of |
|
threats before you can disseminate that information out in a |
|
timely manner to the people who need to know? |
|
Lieutenant General Hughes. That is a wonderful question |
|
because we live each and every day, and it is what I would |
|
refer to as Hobson choice. |
|
Mr. Dent. A what? |
|
Lieutenant General Hughes. A Hobson choice--a ``damned if |
|
you do, damned if you don't'' kind of choice. If we send |
|
information that we get out rapidly without taking some time |
|
with it, it is apt to be wrong. But if we take some time to |
|
clarify it, too much time, it loses its importance and its |
|
value over time. We never know. We cannot know whether it is |
|
accurate or not immediately. |
|
So our choice has been to report it as rapidly as we can, |
|
knowing that that is going to lead to much information going |
|
out in the field which is wrong. We know that, but we are |
|
hoping that all the professionals that receive this information |
|
will somehow understand that and be able to live with it. |
|
Mr. Dent. Just to follow up, we spend a lot of time around |
|
here trying to determine answers to questions, and thank you |
|
for your service. |
|
Lieutenant General Hughes. Thank you very much. |
|
Mr. King. The gentleman from Rhode Island is recognized, |
|
Mr. Langevin. |
|
Mr. Langevin. Thank you, Mr. Chairman. |
|
General I want to thank you for being here and for your |
|
testimony. Thank you for your service to the country, |
|
particularly in your latest role at the Department of Homeland |
|
Security. You have made a great contribution. |
|
Lieutenant General Hughes. Thank you. |
|
Mr. Langevin. If I could just begin with IA's role in the |
|
intelligence community. The Senate report on the intelligence |
|
leading up to Iraq brought to light a tendency toward group- |
|
think. The information basically stressed the worst-case |
|
scenario, and a failure to question assumptions, if you will. |
|
The question I have is, has IA institutionalized measures |
|
to ensure that a similar type of intelligence failure does not |
|
occur here, and if so, what measures are in place and are they |
|
effective? |
|
Second, there is a truism in the intelligence business that |
|
to get included in the right meetings, that you have to be able |
|
to bring something to the table. So what products or expertise |
|
does IA currently bring to the rest of the intelligence |
|
community such that it is seen as a valuable contributor to the |
|
intelligence process? |
|
Lieutenant General Hughes. Thank you very much. |
|
In the first case, we think there is a problem consistently |
|
over time in the intelligence building, and you have to guard |
|
against it at all times. One of the things that it is up to |
|
leaders to do is to develop an environment in which any |
|
question could be asked, any premise can be challenged, any |
|
idea can be called to account. We just have to do that. We have |
|
to tell people the truth as directly and as clearly as |
|
possible. |
|
I would place the burden for avoiding group-think not on a |
|
process or procedure, but on leaders, specifically the leaders |
|
in the intelligence community, not merely at the highest level, |
|
and I would certainly hold them accountable, but also down to |
|
the mid-grade, middle-management level. They have to let |
|
analysts reign in their intellectual space and be able to think |
|
beyond some kind of artificial limit, to be able to deal in |
|
concepts in their own context without some kind of constraint |
|
or restriction. |
|
If we do not have that kind of environment in the |
|
intelligence community, then group-think will absolutely occur, |
|
you can depend upon it. I had a friend when I was in the |
|
military, an Israeli intelligence general. He happened to be a |
|
lieutenant colonel at the time of the 1973 invasion by the |
|
Egyptians across the Suez Canal. A captain came to him and |
|
said, those Egyptians are testing us each and every time we |
|
carry out war games, and we are not doing anything about it. |
|
The lieutenant colonel said, they are just war games. The |
|
captain said, they are not just war games; they are practicing. |
|
One of these days, they are going to continue. You know the |
|
rest of the story. |
|
The lieutenant colonel later regretted his failure in this |
|
function, and the picture of the dead from the front there was |
|
an intelligence analyst with chains and a big heavy locks |
|
around his head. That is the issue. We just have to somehow |
|
generate an environment that never allows that to happen in the |
|
United States. |
|
Mr. Langevin. General, if I could be clear in the |
|
understanding that you in particular in your department have |
|
things in place to make sure that consciously you have made |
|
sure that group-think is not going to be a problem? |
|
Lieutenant General Hughes. I have done the best I could to |
|
generate an environment in which any idea is welcome, any |
|
thought is fine. At some point, however, decision-makers have |
|
to make decisions. If your decisions over time prove to be |
|
flawed or faulty, then you obviously have a problem. |
|
The second part of your question, would you repeat it? |
|
Mr. Langevin. I want to know if it is true that in the |
|
intelligence business, to get included at the right meetings, |
|
you have to bring something to the table. So I wanted to ask |
|
what IA currently brings to the rest of the intelligence |
|
community such that you are seen as a valuable contributor to |
|
the intelligence process. |
|
Lieutenant General Hughes. I think that is right, that you |
|
do have to contribute. I think we are beginning to contribute |
|
something that is somewhat unique. I refer to it as domestic |
|
information. In the situation here in the United States, we are |
|
in partnership with the FBI that involves the concept of law |
|
enforcement information and intelligence all together to inform |
|
decision-makers and responsible parties about the context in |
|
which things are happening, and about potential events. This is |
|
not spying on the American people in any way, but it is |
|
understanding that there are persons inside our society and |
|
coming towards us who would do us great harm. We have to know |
|
where those people are, who they are, what their capabilities |
|
are, and what the potentialities are. |
|
The Department of Homeland Security represents unique |
|
capabilities in that regard. We are the people who inhabit and |
|
control the borders. We are the people who inhabit and control |
|
the borders. We are the people who take care of the brown water |
|
on the shores of our nation. We are the people who sense the |
|
environment to protect important persons from harm. We are the |
|
people who administer the safety of our transportation system. |
|
No one else does these things. I believe we are being |
|
recognized as bringing unique and very valuable, not only |
|
information, but skills and capabilities to the table. I will |
|
have to tell you that I still detect some resistance, among |
|
others, to mention of those ideas in the context of the |
|
Department of Homeland Security. |
|
There is still sort of a default mechanism out there that |
|
when you talk about transportation security, and you might say |
|
TSA. If you talk about the Coast Guard, you talk about the |
|
Coast Guard. But over time, some development of the concept of |
|
an umbrella organization is gaining strength and will come to |
|
fruition. That would be the development of a very valuable |
|
concept for the Department of Homeland Security, which can |
|
achieve intra-component synergy among all of these |
|
capabilities. |
|
The simple answer is, yes, we bring something to the table, |
|
now and more in the future. |
|
Mr. Langevin. I see my time has expired. Thank you for your |
|
answer to the questions, and again thank you for your service. |
|
Lieutenant General Hughes. Thank you. |
|
Mr. Simmons. [Presiding.] I thank the gentleman for his |
|
questions. If he refers to the bipartisan Senate Intelligence |
|
Committee report of last year, the first eight conclusions deal |
|
with issues of group-think, and a contributing factor to group- |
|
think is a lack of information. |
|
The gentleman from California is recognized, Mr. Lungren. |
|
Mr. Lungren. Thank you very much, Mr. Chairman. |
|
Thank you for your testimony, General, and thank you, more |
|
importantly, for your lifetime of service. We all appreciate |
|
that. |
|
Could you give us an idea of where you think your |
|
department's information analysis capability is right now? That |
|
is, if you have to say that complete success would be a 10, and |
|
we know we could never get to a 10; maybe 9 is what we can |
|
achieve because we are always changing for that last one. As |
|
you leave, where do you think it is? |
|
Lieutenant General Hughes. Five to six. |
|
Mr. Lungren. If it were five to six, for us to get up to |
|
nine, what are the very specific two or three priorities that |
|
you would have the department emphasize with your successor? |
|
Lieutenant General Hughes. The kind of experienced, |
|
analytic workforce, public employees that we can depend upon |
|
over time, that will stay in this occupational field and |
|
continue to do this work for a long period of time. This is not |
|
conventional or routine intelligence work. It is different. |
|
Second, improvement on facilities. The facilities are |
|
inadequate to the task. We need support in that area. |
|
Three, you need a full understanding of the remainder of |
|
the intelligence community about what it is that we are doing, |
|
why we are doing it, and how we are doing it. I think that is |
|
the third item on the list for a reason. That is the lowest |
|
priority. The first two are vital. |
|
I would mention that we need more time. Everyone keeps |
|
saying, and I heard the Chairman mention a ``two-year period.'' |
|
It is true that we have been in existence for over two years, |
|
but I can tell you that we were not functional when I arrived |
|
on 17 November, 2003, in the intelligence business. We had 27 |
|
people; we could not do the job. Time period has to be measured |
|
in capability and effectiveness. We were not effective. We are |
|
not completely efficient and we are not as good as we should |
|
be. The progress is real. We just need some more time. |
|
We also need more people of the right kind, government |
|
employees, better facilities and structures, and we need |
|
understanding and support. |
|
Mr. Lungren. General, when I was Attorney General of |
|
California, one of my responsibilities was the head of WSIN, |
|
the Western States Information Network, one of the RISSes |
|
around the country. Are we utilizing the RISSes around the |
|
country effectively in information gathering and sharing? |
|
Lieutenant General Hughes. Probably not as effectively as |
|
we should. That is a process that we began this past summer by |
|
having people from all of the states come here to Washington. |
|
We began to inform them about the methods of information |
|
sharing at that time. We have a plan in place to have that same |
|
kind of gathering again this summer, and we are sending out |
|
mobile training teams who help people understand how things can |
|
be improved in that regard. |
|
Mr. Lungren. Let me ask the question this way: Are we |
|
utilizing the RISSes as a platform to provide information to |
|
you? Or are you duplicating or replicating that? |
|
Lieutenant General Hughes. We are using the RISS, the law |
|
enforcement network, and others to the degree that we can. It |
|
is a cooperative effort. |
|
Mr. Lungren. Okay. Sure. I know you are loath to criticize |
|
anybody, and I will not ask you to do that here, but I will |
|
just give you some insights I have received from some law |
|
enforcement people on the ground or in middle-management |
|
positions. They still find a reluctance to share information |
|
from the feds on down, specifically with the FBI. I would |
|
normally say, ``Well, you are always having grousing like |
|
that,'' but when I was Attorney General, frankly, I can tell |
|
you it was very serendipitous as to whether or not we got a |
|
spirit of cooperation from the feds, whose need to know seemed |
|
to be the feds need to know, but you do not need to know. |
|
Much information in the domestic arena, frankly, can be |
|
gathered as well and sometimes even better by the many more law |
|
enforcement officers we have at the local and state level than |
|
we do not the federal level. They are much closer to the |
|
street. They have more contacts. They may not have all the |
|
contacts in the specific terrorist organizations, but they have |
|
contacts with a lot of people that may come into contact with |
|
them. It is debilitating for them to be viewed as second-class |
|
citizens, and to have the feds say, we have the view, we have |
|
the mileage, we have the right to know, and you do not. |
|
I see it expressed in this way. That is, with the color |
|
code system we have and the alerts that they receive, they told |
|
me that oftentimes they would receive these alerts without |
|
really underlying information. So they were told generally |
|
speaking the threat assessment was higher, but they did not |
|
have real information therefore to respond to that. That, to |
|
me, suggests an underlying lack of trust of local and state |
|
government that still pervades the federal establishment. Can |
|
you tell me whether you have seen that, number one; and number |
|
two, if you have, what steps in particular has your department |
|
taken to try and break that down? |
|
Lieutenant General Hughes. First, everything you said I |
|
have heard. We may know the same people. |
|
[Laughter.] |
|
Mr. Lungren. We will not put that on the record. |
|
Lieutenant General Hughes. I have to tell you that I think |
|
it is absolutely accurate. The phenomenon of the arrogance of |
|
the federal establishment in relationship to the state and |
|
localities with regard to information is well known. |
|
Mr. Lungren. Well, members of Congress excepted, of course. |
|
[Laughter.] |
|
Lieutenant General Hughes. Sir, you can believe whatever |
|
you want. I have heard a lot about this. |
|
[Laughter.] |
|
Mr. Lungren. Better watch it, General. Be careful there. |
|
Lieutenant General Hughes. I have to tell you that I think |
|
it is an accurate portrayal. The local effort feels like they |
|
are second-class citizens because of the attitude that is |
|
conveyed to them by some federal officials. |
|
I do not think that is across the board. I think it is |
|
somewhat circumstantial, but nevertheless, it is a fact. |
|
What we have done is, first, we are sending out a lot more |
|
information; that is simply a fact. We can prove that by simply |
|
showing you the documents we now send routinely to the states |
|
and localities. We did assemble them here, and we are going to |
|
assemble then here again this year. It is a participative |
|
effort. Admittedly, it was not much of a dialogue. That is too |
|
bad, but in the first instance we had a lot of things to put |
|
out to them. And they actually thought it was very worthwhile. |
|
This summer, we have meetings here in Washington again over |
|
a three-to four-day period. We hope to make it more of a |
|
dialogue and we will hear from that more. |
|
By the way, we have this in August, so if there is any |
|
possible way we could get a Congressman or a Senator to come |
|
and meet before that group and give your views, we would really |
|
appreciate it, because this kind of interaction is vital. |
|
We have also established, and we are establishing over |
|
time, relationships with people. Some of these relationships |
|
are very circumstantial and short-lived. I did not meet the |
|
sheriff of Las Vegas, even though I had telephone conversations |
|
with him and talked to him on a couple of occasions. I never |
|
met with this gentleman personally face to face until a few |
|
days ago. Indeed, when I met with him, he had his share of |
|
complaints. |
|
But he is the guy in charge of Las Vegas. What do I know |
|
about Las Vegas? Nothing. I am completely dependent on him to |
|
know primarily what is going on in Las Vegas. |
|
However, he recognizes, I think as most localities do, that |
|
occasionally, especially in the world of terrorism, big |
|
problems can come toward specific towns and cities that the |
|
town and city do not know about. That is a fact. It is the |
|
nature of the larger world of intelligence and |
|
counterterrorism. They do not come and rest and stay in exactly |
|
the target place, so that everybody and their brother gets to |
|
know them. They project themselves into these environments and, |
|
usually relatively rapidly in the target area, take action. |
|
So we are trying to get a mutual understanding of the |
|
phenomenon. We do at the national level, at the federal level, |
|
have something to contribute, and we should contribute that by |
|
passing it to the states and local authorities, and we are |
|
trying hard to do that. We have made improvements, and if they |
|
were sitting here in this room, I think they would say that. I |
|
think they would say, yes, things are better than they used to |
|
be. |
|
Mr. Lungren. Thank you, General. Mr. Chairman, could we ask |
|
the staff to work with the General's staff for us to be able to |
|
see when threat assessments are made, the level of information |
|
that is given to local jurisdictions, so that we might be able |
|
to see what we are really talking about, because I have had |
|
these complaints from law enforcement saying they have |
|
inadequate information once a threat level is given to them. |
|
Maybe we just need to look at it ourselves. |
|
Mr. Simmons. I would be happy to do that. I began my |
|
political career as a police commissioner, and in the post-9/11 |
|
environment, the new model is not local, state, federal each |
|
doing its own thing. The new model is communication between all |
|
levels. I know the Ranking Member has expressed to me her |
|
frustration over the same type of issue. My guess is that this |
|
is an important consideration for this subcommittee, and we |
|
will certainly look into it. |
|
Lieutenant General Hughes. If you do not mind, I must give |
|
you just another piece of information. |
|
Mr. Simmons. I do not want to deny you, but the |
|
distinguished lady from Texas, her questions, I know she has |
|
been here for a while, so make it brief, General. |
|
Lieutenant General Hughes. Okay, I will make it brief. The |
|
question you posed to me was in the context of the homeland |
|
security alert system, the changing of the colors. It is true |
|
that in the initial application of the changing of the colors, |
|
not much information was given. It is increasingly true, has |
|
been over time, since the Christmas 2003 and January, February, |
|
and March 2004 period, we have given more information. I will |
|
make sure you have the context of the question, there. But I |
|
think it is a very good thing to ask, to have us give you a |
|
better characterization of how much information we are giving |
|
out. |
|
Mr. Simmons. The distinguished lady from Texas, Ms. |
|
Jackson-Lee. |
|
Ms. Jackson-Lee. I thank the Chairman and the Ranking |
|
Member. |
|
General let me thank you for your service, and try to go |
|
quickly through my questions because of the time. |
|
I believe that one of the aspects of the IAIP's most |
|
important issues is the analyzing and integrating terrorist |
|
threat information and making sure that amongst any other |
|
agency that we relate to the homeland, I think of the FBI and |
|
the CIA as having their own constituency bases, even though we |
|
are trying to work very hard at the integration of those |
|
agencies, really in terms of fighting terrorism, the Department |
|
of Homeland Security signified to America that we are focused |
|
on their needs and providing them with the intelligence they |
|
need to understand the terrorist threat and to fight terrorism. |
|
As I look at the budget, and I know that this is |
|
particularly related to the intelligence needs, I think a point |
|
worth noting is that the President's budget indicates that |
|
government-wide spending for homeland security increases really |
|
overall by $1 billion. To put this in perspective, we all know |
|
that we are spending about $1 billion a week in Iraq and |
|
probably other added dollars in Afghanistan. In particular, I |
|
believe that there is an intent to hire an additional 73 more |
|
employees, and also to seek ways of improving our ability to |
|
analyze and integrate terrorist threat information, map threats |
|
against our vulnerabilities and implement actions to protect |
|
American lives. |
|
I know that we are going to lose your talent in March, and |
|
again let me thank you for your service, but how are we going |
|
to do that when we are looking at a potential cut of $20 |
|
million? Might I add to that question a statement that you made |
|
in your speech when you were able to say that we were able to |
|
connect the homeland security information network with the |
|
regional information sharing system, and I think the previous |
|
question raised that question. You yourself said that one needs |
|
to be achieved, but we are on the right track. If you could |
|
expand on what you gave to Congressman Lungren, and talk |
|
specifically about the ability to hire employees and try to |
|
improve what we are trying to with this budget cuts. |
|
Lieutenant General Hughes. If I understand the question |
|
right, ma'am, the budget cut is not an assured thing. The |
|
Department of Homeland Security expects plus-up in our overall |
|
budget as you described, and we do not expect for the budget to |
|
be cut back. That is our hope. |
|
Ms. Jackson-Lee. But if it is cut back, then you will have |
|
difficulty fulfilling your mission. Is that correct? |
|
Lieutenant General Hughes. That is true. That is correct. I |
|
would certainly hope that that does not happen. |
|
With regard to the idea of whether or not we can do the job |
|
and how well we can do it, the connectivity that we have out |
|
there with the RISS system and the LEO system and others, this |
|
is an evolutionary thing. We just discovered not long ago a |
|
system that is run by the Federal Protective Service, which is |
|
part of the Department of Homeland Security, which is a portal |
|
into law enforcement information the Federal Protective Service |
|
holds. That is within our own department and we did not know it |
|
existed until not long ago. |
|
So we are learning. We are developing over time. A lot of |
|
these things, even though they may seem self-evident, they are |
|
not. We have had to ferret them out. I think we are continuing |
|
to make good progress. |
|
The answer I would give to you and to the person who asked |
|
the earlier question is, connectivity is almost everything. If |
|
we do not have that, and I think the Chairman is familiar, |
|
information not shared is worthless. That is it. That gets to |
|
the central idea here. We can get the information. The next |
|
imperative is to share it. That is what we are all about. So we |
|
have been trying to build and make this interconnected network |
|
a system of systems, whatever names you want to apply to it. We |
|
want to make sure it is interoperable, that it has enough |
|
elements of commonality so that we can pass information |
|
horizontally and vertically throughout the system. That is what |
|
we would like to do. |
|
Ms. Jackson-Lee. Mr. Chairman, I appreciate the General's |
|
views, and Ranking Member, sort of focusing on our questions, |
|
but let me just say that this exercise poses a very difficult |
|
challenge, because it is very difficult when you have |
|
overlapping committees of jurisdiction such as the Budget |
|
Committee. Your expertise and the Ranking Member's expertise on |
|
some of the aspects of this, still the time is not long enough |
|
to sort of probe General Hughes and the knowledge that he has. |
|
Two points I think are key to this, and I would start out |
|
by saying that homeland security connotes security of the |
|
homeland. People think of the FBI and CIA, so you have a great |
|
responsibility. I think that this one sentence that he has, the |
|
pages are not numbered, but when he talks of RISS and the law |
|
enforcement online, one needs to be achieved, I think in our |
|
work we need to focus in on whether we have appropriate |
|
resources to make sure that the communication is going on in |
|
the homeland with law enforcement. |
|
Another point is, and I think it is very important, is this |
|
right-to-know rule. We look forward to your expertise, but I |
|
wonder whether or not this committee will have oversight to be |
|
able to refine that in this new post-9/11 era. For example, and |
|
I will close on this note, General Hughes, there is something |
|
called OTMs at the border, the southern border, other than |
|
Mexican nationals coming across. That has taken a new life, |
|
that there are potential individuals coming across that border |
|
that may do us harm. The border patrol agents then become a |
|
greater force with respect to their need to know, and they need |
|
to know classified information or information at a very high |
|
level. I am not comfortable that even in this budget oversight |
|
we have focused on it. |
|
General Hughes, I thank you for the one very great point |
|
that you said, if we cut the budget and do not provide you with |
|
the resources, you are not going to be able to do the job. I |
|
think that is our responsibility. |
|
I yield back, and I thank the Chairman for the additional |
|
time on the clock. Thank you. |
|
Mr. Simmons. I thank you for your comments. I think we are |
|
all aware that this is the first hearing of the permanent |
|
subcommittee. It is historic in that regard. The opportunities |
|
for us are pretty dramatic, but the challenges are also great. |
|
It is an area where we have to work together and share together |
|
to be successful. I thank you for your comments. I think they |
|
are right on the dime. |
|
We will keep the record open for 10 days for any additional |
|
written comments that anyone may wish to submit. I have a few |
|
remarks to make as closing remarks, but I would like to |
|
recognize my Ranking Member, if she has remarks she would like |
|
to make. |
|
Ms. Lofgren. This is just the beginning, obviously, and |
|
General, we do appreciate your being here today, even though we |
|
will not be seeing much of you for long. I think certain |
|
questions have become more ripe in our minds as we listened to |
|
you. The connectivity of the system obviously is important, |
|
whether it is the Internet or whether it is intelligence. |
|
Therefore, we are dependent on agencies both within DHS, but |
|
also without. So we certainly cannot do it today, I am thinking |
|
about the FBI system that we had great promise for, but did not |
|
produce, and how that is going to impact DHS. |
|
I have spent 10 years on the Judiciary Committee paying |
|
attention to immigration, and I am very well aware of the |
|
deficiencies in the technology and that aspect, and the impact |
|
it has on the ability to gather information that then could be |
|
shared. So I am hopeful that as we move forward in this year |
|
that we will be able to look at those as they connect and maybe |
|
get some improvements that will make us all safer. |
|
I did want to just follow up very briefly in writing, but |
|
comment that I am concerned about the ``need to know'' |
|
information issue. Certainly, the Congress cannot micromanage |
|
an intelligence agency. It would not be proper, but I am |
|
concerned that if that is an ad hoc decision being made in the |
|
agency, then we have maybe failed to actually have the policy, |
|
the ``who voted for'' implemented. I think we have to explore |
|
that further, Mr. Chairman. |
|
Finally, my colleague from California mentioned the |
|
frustration that local agencies have. I think that has improved |
|
somewhat with Director Mueller and the FBI task force. At least |
|
the feedback I am getting from law enforcement is much |
|
different than I used to. But what I am hearing form local law |
|
enforcement is that they never hear from DHS. It is invisible |
|
to them. So I think we need to sort through and be parochial. |
|
There are more people living in Los Angeles County than there |
|
are in over 20 states, and how we are dealing with the gigantic |
|
nation-state of California and whether that system is going to |
|
work for that state or not, and how we might format it so we |
|
really do have a system that is slick and works and protects |
|
us. |
|
I thank the Chairman for recognizing me. |
|
Mr. Simmons. Thank you. |
|
Just very briefly, back in 1981, I became the staff |
|
director of the Senate Intelligence Committee, working for |
|
Senator Barry Goldwater as the Chairman and Senator Daniel |
|
Patrick Moynihan as the Vice Chairman. Try that one on for |
|
size, staff. The Chairman is Senator Goldwater. Well, you are |
|
too young to even remember who he is; and the Vice Chairman was |
|
Daniel Patrick Moynihan, a good Republican and a good Democrat. |
|
One from the west and one from the east; one conservative and |
|
one liberal. I sat and worked with them for 4 years as they |
|
initiated what I consider to be professional congressional |
|
oversight of the intelligence community. |
|
I learned about the value of bipartisanship, and I learned |
|
about the value of listening to others when it comes to the |
|
intelligence business. I learned that you can put those |
|
differences aside if you are focusing on a common goal, which |
|
in that case was to build the intelligence community to |
|
preserve and protect our values and our people and our country. |
|
Regrettably, on 9/11 we failed in that regard. So the |
|
mantle has been passed to another generation of members of |
|
Congress and another generation of members of the staff, to do |
|
what we can do to preserve and protect our homeland, while at |
|
the same time preserving and protecting our civil liberties. |
|
That is an awesome challenge. In those days 25 years ago, we |
|
did not have a hearing room or spaces that were ours. We |
|
occupied the auditorium in the Dirksen Building. Today, we do |
|
not have a hearing room, I do not believe. We are looking for |
|
one, although this is much better than the auditorium of the |
|
Dirksen Building, I can assure you. |
|
But we should not let these little logistical challenges |
|
get in the way of the important work of this subcommittee and |
|
of course the important work of the full committee. |
|
I will leave you with a final thought. For the 4 years that |
|
I have been a member of Congress, I have never changed the |
|
license plate on my car. I know some immediately go out with a |
|
screw driver and put on that lovely congressional plate. But |
|
the plate that I have on my car has the simple phrase ``kung |
|
ho,'' which conveys enthusiasm and excitement, but as we all |
|
know comes from the Chinese word ``kung ho,'' which means |
|
``work together.'' |
|
I look forward to working together with the staff, with the |
|
members of this subcommittee, with the Administration and |
|
others, to pursue the important agenda that we have before us. |
|
Thank you all for being here today. |
|
And thank you, General, for your participation. |
|
[Whereupon, at 3:37 p.m., the subcommittee was adjourned.] |
|
|
|
|
|
|
|
A P P E N D I X |
|
|
|
---------- |
|
--________ |
|
|
|
Material Submitted for the Record |
|
|
|
Questions and Responses Submitted for the Record by the Hon. Bennie |
|
Thompson for Acting Assistant Secretary for Information Analysis Karen |
|
Morr on behalf of DHS |
|
|
|
Question: 1. General Hughes, one theme the Department has repeated |
|
in describing the President's Fiscal Year 2006 budget is consolidation. |
|
I think we all recognize that the current organizational structure at |
|
DHS isn't necessarily the best one, and that moving offices or |
|
functions can improve performance or reduce cost. |
|
Some agencies, including the office that distributes billions of |
|
dollars to first responders, rely on IA for threat information. |
|
However, some parts of DHS have their own intelligence departments-- |
|
including the Coast Guard and Secret Service as part of the |
|
Intelligence Community, but also TSA, the Federal Air Marshals, CBP, |
|
and ICE. Thankfully, many of these programs are unclassified, so we can |
|
talk about their budgets in public. TSA, for example, is requesting $21 |
|
million and 99 FTEs for Fiscal Year 2006. |
|
|
|
Question: 1. Given the trend within DHS for consolidation, for |
|
example the transfer of research and development activities to the |
|
Science and Technology Directorate, should IA have more control over |
|
all the intelligence operations in DHS? |
|
Intelligence is integral to the successful operations of the |
|
Department of Homeland Security (DHS). In our efforts to build a strong |
|
Department from its original 22 agencies, it is critical to coordinate |
|
DHS intelligence functions. The ability of the Department to conduct |
|
its mission is enhanced when components have synchronized intelligence |
|
activities. The Office of Information Analysis, in concert with the DHS |
|
components that have intelligence activities, is conducting a study |
|
with the intent of developing a plan to integrate key aspects of these |
|
activities. That study is reviewing several elements of the |
|
intelligence program, including mission areas and supporting functions. |
|
The results of this study will be presented to the senior leadership |
|
this spring. IAIP will continue to work to ensure the Department's |
|
intelligence activities are coordinated. |
|
|
|
Question: 2. With the first deadline on the ``Information Sharing |
|
Environment,'' as mandated by the recently enacted Intelligence Reform |
|
and Terrorism Prevention Act, occurring in less than two months, do you |
|
know what will be the role of DHS in operating or setting the rules for |
|
the ``environment'' |
|
The first deadline related to the terrorism information sharing |
|
environment (ISE) was met. The President designated John Russack as the |
|
Program Manager responsible for planning for, overseeing the |
|
implementation of, and managing the ISE pursuant to section 1016 of |
|
P.L. 108-458. Per our statutory authorities and responsibilities, DHS |
|
has a critical role in the development of all aspects of the ISE, |
|
including the establishment of the business rules for the ISE. DHS has |
|
been actively engaged in the work to date toward developing the ISE and |
|
will continue to have an active role in relation to this Department, |
|
our stakeholders, and the community at large. |
|
In particular, DHS has a unique role, as defined under the Homeland |
|
Security Act, for sharing homeland security information with state, |
|
local, and tribal governments as well as the private sector in relation |
|
to critical infrastructure. Specifically, Executive Order 13311 |
|
delegates to the DHS Secretary the responsibilities for procedures for |
|
prescribing and implementing information sharing as defined in Section |
|
892 of the Homeland Security Act (P.L. 107-296). Improving information |
|
sharing has been and continues to be a top strategic priority for DHS. |
|
The Information Sharing and Collaboration Office (ISCO) was established |
|
in DHS to provide focus and coordination for these statutory and |
|
Presidential mandates. |
|
DHS is currently a key link among State, tribal, and local |
|
government, as well as the private sector critical infrastructure |
|
entities. The Department is already operating in critical information |
|
spheres (defense, intelligence, homeland security, law enforcement, |
|
private sector) and is providing strategic guidance to oversee the |
|
development of their intersection and collaboration to produce all |
|
information necessary to govern and protect and will coordinate these |
|
activities with the Program Manager. |
|
|
|
Question: 3. After the 2004 elections, then-Secretary Ridge said |
|
that there had been a decrease in chatter and that the threat of |
|
terrorist attack was lower than it had been in some time. Is that still |
|
the case, and if so, how do you account for that? |
|
Beginning in Summer 2004, we began to see a decrease in incoming |
|
credible and/or specific information mentioning direct threats to the |
|
United States. The reasons for the quantitative and qualitative |
|
decrease--which lasted through late February 2005--remain unclear. |
|
Since then, we have tracked a number of threat streams deemed credible |
|
and/or specific to Homeland-related interests, however we do not know |
|
if this is related to the natural cycle of the intelligence collection |
|
process or other factors more related to actual terrorist operational |
|
planning. |
|
Despite this relative increase in credible and/or specific |
|
reporting since late February, we continue to lack information |
|
indicating an imminent threat to the United States, as well as the |
|
timing, targets, or methodology of any potential operation. While the |
|
Department of Homeland Security (DHS) and the rest of the Intelligence |
|
Community are still analyzing each particular threat stream, as well as |
|
those streams collectively, they do reinforce our perception regarding |
|
al-Qaida's ongoing strategic intent to conduct another dramatic attack |
|
in the United States. This intent and possible planning is reflected in |
|
all-source intelligence reporting, vice a single collection discipline. |
|
We note that the reporting level from vague, low-credibility, or |
|
undetermined sources (call-ins, write-ins, walk-ins, media |
|
pronouncements, etc.) regarding possible attacks on the Homeland |
|
remains relatively constant and numerically more significant than |
|
reports from ``credible'' sources. |
|
|
|
Question: 4. What changes are being considered for the Homeland |
|
Security Advisory System, and will the system continue to be used in |
|
its current structure? |
|
The Homeland Security Advisory System (HSAS) has evolved throughout |
|
the history of DHS and currently includes the flexibility to assign |
|
threat levels for the entire nation, or a particular geographic area or |
|
infrastructure sector, depending on the credibility and specificity of |
|
available threat information. The HSAS is a collaborative process which |
|
takes into account current threat information and incorporates the |
|
perspectives of other federal entities (both within and outside of |
|
DHS); state, local, and tribal partners; and private sector |
|
stakeholders. DHS learns new lessons and continues to improve the |
|
system each time HSAS level changes are considered. |
|
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<all> |
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