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Use of the Military

Establish a homeland security under secretary position in the Department of Defense Establish a single unified command and control structure to execute all military

support to civil authorities Develop detailed plans for the use of the military domestically across the spectrum of

potential activities Expand training and exercises in relevant military units and with Federal, State, and

local responders Direct new mission areas for the National Guard to provide support to civil

authorities Publish a compendium of statutory authorities for using the military domestically to

combat terrorism Improve the military full-time liaison elements in the ten Federal Emergency

Management Agency region

Status of Our Recommendations

Mr. Chairman and Members, I can tell you that, according to our most recent

count, of the 79 major policy recommendations mad by the Advisory Panel to date, 64

have now been adopted in whole or in major part. Having said that, there are others that

continue to need to be addressed, and some that could still use additional resources or

policy direction.

Our Current Deliberations

Mr. Chairman, as we sit here today, the Congress has once again taken up

consideration of the creation of a Department of Homeland Security. At the same time,

the intelligence committees of each House are putting together a report, flowing from the

recent Joint Inquiry of those committees, which will, perhaps, contain major

recommendations with respect to the structure, laws, and procedures of the Intelligence

Community for combating Terrorism. In addition, the Congress is attempting to

complete action on appropriations bills for the current fiscal year, which if enacted will

contain significant additional funding to address some of these issues, especially for

supporting the efforts of State and local responders.

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In addition, that repun will contain an update of the comprehensive treat

asetatuent comained in the Panel's First Annual Report, as we as a set of

Telemmendations on the nature and sources of the resources necessary to fund the

national efforts to combat terrorism.

Recommendations for the Fourth Annual Report Strategy and Structure

Mr. Chairman and Members, I have a bit of an announcement to make in this

forum. Because the Congress in considering the new Department of Homeland Security,

the Advisory Panel decided at its meeting last week to release its principal

recommendations in this area in advance of the publication of its full report in December.

We have done so in the hope that those recommendations may help to inform the current

debate. Briefly, the "Strategy and Structure" Chapter recommends:

That the President create an entity that will become the all-source fusion and
analysis center for potential terrorists attacks inside the United States from foreign
terrorists and their supporters. That center would also house, in a separate
component, the intelligence collection against such terrorists currently in the FBI.

That more comprehensive assessments of threats to the homeland be developed

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That the new DHS have the necessary capability and authority to perform the critical infrastructure vulnerability and warning functions envisioned in its enabling legislation

• That the President clearly define the responsibilities of DHS and other federal

entities before, during, and after an attack has occurred, especially any authority for directing the activities of other federal agencies

That the President direct a restructuring of the Federal interagency mechanisms to ensure better coordination within the federal government, and with states, localities, and the private sector, to avoid confusion and to reduce unnecessary expenditure of limited resources at all levels

And to repeat an earlier recommendation of the panel:

That each House of the Congress establish a separate authorizing committee and related appropriation subcommittee with jurisdiction over Federal programs and authority for Combating Terrorism/Homeland Security.

Copies of that advance document have been made available to Members; and I would ask

respectfully that the Chair entertain a request to include that document in the official

record along with my testimony. I will be happy to address any questions that Members

may have concerning those recommendations.

Use of the Military

The panel continues to address issues involving the use of the military inside the

United States for various responses to terrorism. In its next report, the panel will make

recommendations dealing with:

Command and control issues involving the new U.S. Northern Command
(NORTHCOM)

Developing more comprehensive, coordinated process to identify the potential needs of States and localities, as well as other Federal agencies, for military support against terrorist attacks

.

Additional authority for use of the National Guard in a Title 32 status

New roles and missions for certain National Guard units

Better training and exercise programs for military units for performing homeland
missions

Better structure and policies for DoD civilian oversight of the military

Clarification, consolidation, and explanations of laws for use of the military
domestically

Health and Medical

The panel continues its efforts to address the important issues in health and medical

planning, preparedness, and response to terrorism and will make recommendations on the

following subjects:

Sustaining and prioritizing resources to improve the public health and medical
infrastructure

• Exercising and training health and medical response entities in the larger

emergency management context of terrorism response including exercising the
use of the National Pharmaceutical Stockpile

• Centralizing, coordinating, and simplifying Federal information on resources, best

practices, and research for state and local access

• Implementing the full range of research to improve health and medical detection

of and response to terrorist attacks

• Developing and operationalizing the laws and regulations for health and medical

response to a terrorist attack including the clarification of the Health Insurance
Portability and Accountability Act (HIPAA) guidelines and the rules for
quarantine

• Defining who is in charge in response to a bioterrorist attack

• Developing a strategic information plan for educating and communicating with

the public and the media before, during and after an attack

• Improving intelligence collection related to health and medical issues

• Establishing a national vaccine strategy

• Responding to the threat of a smallpox attack

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Critical Infrastructure Protection

For the Fourth Report, the panel has expanded its consideration beyond cyber

security to include issues of physical protection of critical infrastructure. It will make

CIP recommendations in the following areas:

• Federal reimbursement for certain costs incurred by States, localities, and the

private sector for improvements to infrastructure security

• Improved training, standards, and protocols for government and private sector

responders, to include facilities, responder equipment, and communications compatibility and interoperability

More comprehensive and concise policies and enhanced capabilities for intelligence and information sharing involving critical infrastructure among government entities and with the private sector

Improvements in security measures for and in the screening of non-passenger cargo aboard commercial aircraft

• Development of significantly enhanced security measures for general aviation

aircraft, passengers, and facilities

Expanded research and development into CIP security measures

Comprehensive revamping of Federal laws to address privacy, freedom of information, liability, anti-trust, indemnification, insurance, and related issues

Enhanced security for agriculture and the food supply structure

Agroterrorism

The panel once again addresses the issue of Agroterrorism, and will make

recommendations in the following areas:

Developing threat assessments for potential terrorist attacks against U.S.
agriculture

Including Agroterrorism as an Emergency Support Function in the principal
Federal response plan

Improving processes for testing for and identifying agroterrorism atacks

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