[Senate Hearing 108-819]
[From the U.S. Government Publishing Office]
S. Hrg. 108-819
NOMINATION OF ASA HUTCHINSON TO BE UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY OF THE
DEPARTMENT OF HOMELAND SECURITY
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
__________
JANUARY 22, 2003
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Republican Staff Director and General Counsel
Robert W. Chamberlin, Republican Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
C O N T E N T S
----------
Page
Hearing held on January 22, 2003................................. 1
Statement of Senator Cantwell.................................... 7
Statement of Senator Dorgan...................................... 50
Statement of Senator Hutchison................................... 7
Statement of Senator Lautenberg.................................. 12
Statement of Senator Lott........................................ 8
Statement of Senator McCain...................................... 1
Prepared statement........................................... 1
Statement of Senator Rockefeller................................. 6
Prepared statement........................................... 6
Statement of Senator Smith....................................... 11
Statement of Senator Snowe....................................... 13
Statement of Senator Sununu...................................... 10
Statement of Senator Wyden....................................... 9
Witnesses
Hutchinson, Hon. Asa, Under Secretary-Designate, Department of
Homeland Security.............................................. 14
Prepared statement........................................... 17
Biographical information..................................... 20
Lincoln, Hon. Blanche L., U.S. Senator from Arkansas............. 2
Appendix
Hollings, Hon. Ernest F., U.S. Senator from South Carolina,
prepared statement............................................. 53
Response to written questions to Asa Hutchinson submitted by:....
Hon. Maria Cantwell.......................................... 61
Hon. Ernest F. Hollings...................................... 54
Hon. Frank Lautenberg........................................ 60
Hon. Gordon Smith............................................ 62
NOMINATION OF ASA HUTCHINSON TO BE UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY OF THE
DEPARTMENT OF HOMELAND SECURITY
----------
WEDNESDAY, JANUARY 22, 2003
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:40 p.m. in room
SR-253, Russell Senate Office Building, Hon. John McCain,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
The Chairman. Good afternoon. We are pleased to have with
us today, the Honorable Asa Hutchinson, who has been nominated
to be Under Secretary of Border and Transportation Security at
the Department of Homeland Security.
I would tell my colleagues, Senator Lincoln, who had
planned to be here and I think is on her way, would like to
make some introductory remarks for her fellow Arkansan. And so
if she comes, we will interrupt in order to allow her--here she
comes now.
Welcome. Thank you for coming to introduce the Honorable
Asa Hutchinson. Please proceed and then we will proceed with
the hearing and opening remarks from the Senators.
[The prepared statement of Senator McCain follows:]
Prepared Statement of Hon. John McCain, U.S. Senator from Arizona
Good afternoon. The Committee meets today to consider the
nomination of Asa Hutchinson to serve as the Under Secretary for Border
and Transportation Security at the Department of Homeland Security.
This is a very important position within the newly created Homeland
Security Department, and one that encompasses far-reaching
responsibilities.
I would like to welcome Asa Hutchinson and thank him for his
willingness to appear before the Committee today on relatively short
notice. I know your nomination is a great honor, and that your family
is very proud. I would like to welcome your family members and any
special guests who are in the audience. [introductions]
The Under Secretary for Border and Transportation Security is
charged with critical duties, including: preventing the entry of
terrorists and the instruments of terrorism into the United States;
securing the borders, territorial waters, ports, terminals, waterways,
and air, land, and sea transportation systems of the United States;
administering U.S. customs laws, establishing national immigration
enforcement policies and priorities; and carrying out INS immigration
enforcement functions; and establishing and administering rules
governing the granting of visas or other forms of permission, including
parole, to enter the United States.
With these duties will go jurisdiction over many existing
governmental entities, including:
The United States Customs Service of the Department of the
Treasury;
The Transportation Security Administration (TSA) of the
Department of Transportation;
The Federal Protective Service of the General Services
Administration;
The Federal Law Enforcement Training Center of the
Department of the Treasury; and
The Office for Domestic Preparedness of the Office of
Justice Programs of the Department of Justice.
Security policies are largely intertwined with safety policies, and
many of the Under Secretary's functions are closely linked to other
federal governmental agencies, such as the modal administrations under
the Department of Transportation, which are responsible for
transportation safety. Further, many duties overseen by the Under
Secretary have been and will continue to be performed by the Coast
Guard. All of these functions will have to be carefully coordinated and
we will be very interested in learning how you plan to establish
working relationships with these agencies.
We will have a number of questions for you, but one area in
particular that I will want to discuss is the serious situation at our
Southern border, especially in Arizona. Our state has been a leading
gateway for illegal immigrants into the U.S. since the mid-1990s.
Illegal immigrants are dying on our borders. The attrition rate for
Border Patrol Agents and INS inspectors has reached alarming levels. We
have reached the point where we now have private citizens taking up
arms and forming militia groups to patrol the border because they feel
the Federal Government has failed to protect them. Just today, the Wall
Street Journal reported about the death of a U.S. Park Ranger in
Arizona who had been killed last August along the border, the fourth
ranger killed in the line of duty since 1990. Further, uncompensated
emergency and medical care provided to undocumented immigrants has left
many border hospitals on the verge of financial ruin. I will be very
interested to hear your views on how best to address the wide range of
border security issues, including how to ensure adequate resources are
deployed for enforcement purposes.
This Committee takes its advice and consent role very seriously,
and I will note that the nominee has responded in detail to the
Committee's requests for biographical and financial data. I have had
the opportunity to review your responses to the Committee questionnaire
as well as pre-hearing questions, and I look forward to moving your
nomination quickly.
STATEMENT OF HON. BLANCHE L. LINCOLN,
U.S. SENATOR FROM ARKANSAS
Senator Lincoln. Well, thank you, Mr. Chairman. I will be
brief and quick. I know the efficiency of this Committee, and I
want to add to it.
But I do want to thank you, Mr. Chairman. It is certainly
my great pleasure to be here this morning to introduce a fellow
Arkansan and a former colleague of mine in our State's
congressional delegation, Congressman Asa Hutchinson.
President Bush has nominated Asa Hutchinson as Under
Secretary for Border and Transportation Security in the new
Department of Homeland Security. I have had numerous
opportunities to work with Mr. Hutchinson on a variety of
topics over the last several years, so I have seen firsthand
the commitment, the energy, and the foresight that he brings to
his career in public service, and I am delighted that he has
been selected for this critical position.
I trust that the Committee is familiar with Mr.
Hutchinson's impressive resume, so I will not take the time
here to recount his many accomplishments. I would, however,
like to emphasize the fact that, based upon his past experience
as a Federal prosecutor; as also an elected member of the U.S.
House of Representatives representing Northwest Arkansas; and
as an administrator of a Federal law enforcement agency
comprising over 10,000 employees, Asa Hutchinson has developed
and honed the leadership and executive skills that will make
him a valuable asset to this new department. I am very
confident that he will bring to this position at the Department
of Homeland Security the same commitment, integrity, and vision
that he has brought to his service in Congress and the Drug
Enforcement Administration.
In the aftermath of September 11th, 2001, it has become
clear that our Nation's security cannot be taken for granted.
Among the newly created Department of Homeland Security's chief
objectives will be to reduce our Nation's vulnerability to
terrorist attacks and to prevent terrorist attacks against the
United States. These objectives will be met, in part, at our
Nation's borders and in our Nation's transportation system,
both of which present potential vulnerabilities. I am very
pleased that the Department of Homeland Security will draw on
Asa Hutchinson's expertise in addressing these vulnerabilities
and make the United States a safer place for all Americans.
As a fellow Arkansan, I am proud of him, and I am happy to
support his nomination to this distinguished position. Thank
you, Mr. Chairman, for allowing me to come and introduce my
fellow colleague from Arkansas.
The Chairman. Thank you, Senator Lincoln, and thank you for
being here before the Committee. We all appreciate your
generous remarks about this very decent and fine American.
Senator Lincoln. He is a good man. Thank you.
The Chairman. Thank you.
As I mentioned, we are here to welcome a friend, a former
colleague in the House, and a man who has served his State and
his Nation with distinction. We are very proud that he is
willing to serve and that the President of the United States
has chosen him for this most important set of responsibilities.
I would like to point out that his duties will have
jurisdiction over many existing Governmental entities,
including the Customs Service, Transportation Security
Administration, Federal Protective Service of the General
Services Administration, Federal Law Enforcement Training
Center of the Department of the Treasury, and the Office for
Domestic Preparedness of the Office of Justice Programs of the
Department of Justice. All very significant and heavy
responsibilities.
Before we proceed further, perhaps, Mr. Hutchinson, you
would like to introduce your family members, who are with us
today, who we welcome here.
Mr. Hutchinson. Thank you, Mr. Chairman.
I am very pleased to introduce my wife, Susan, who has
stood with me through all of my public career, and I am
grateful for her support. And then I have my son, Asa, and then
his wife, Polly, and----
The Chairman. Would you raise your hand? You look like your
mother, fortunately.
[Laughter.]
Mr. Hutchinson.--his wife, Holly, and then my grandson,
Asa, IV. I am pleased to have them here. And I also wanted to
acknowledge my daughter, Sarah, and her husband, Dave----
The Chairman. Who are where?
Mr. Hutchinson.--and my two sons still in Arkansas--they
are not here----
The Chairman. Oh.
Mr. Hutchinson.--but I just wanted to mention John and
Seth, who have been also very supportive.
The Chairman. Great. We welcome them, and we recognize that
your responsibilities entail time away from your family, and we
appreciate the sacrifices that they make as you serve the
country.
I do not want to take a lot of time with opening remarks,
and I hope that my colleagues do not want to either, because we
want to get to questions. It is our intention to try to get Mr.
Hutchinson's nomination either to the floor this afternoon or,
if there are additional questions, at the latest, tomorrow
morning. We would like to get his nomination to the floor of
the Senate so we can get it done tomorrow before we go out of
session. It will be very important that we have this
confirmation process completed by tomorrow afternoon, at the
very latest--hopefully either this afternoon or tomorrow
morning.
I want to talk to you about an issue that you and I have
talked about in private, so I will not belabor it too much. I
think I am known for not indulging in particularly parochial
issues that directly affect my home state of Arizona, but I do
not think there is any doubt in anybody's mind that the entire
border issue is in a situation that could be described as a
crisis today. From San Diego to Texas, we have penetrations of
our border, which are very severe and could be viewed by many
as a threat to the United States of America, as far as the
ability for terrorists to cross our border. I know that you
know these things, but I would like to repeat them very
quickly.
According to a Gannett story on December 28th, 2002, four
in ten illegal immigrants arrested in October along the U.S./
Mexican border were captured in Arizona, evidence the State
remains the top choice of those attempting to enter the country
illegally. The latest U.S. Border Patrol figures show that
agents in Tucson apprehended 21,352 people; reported at Yuma,
3,608. The overall number of people apprehended in Arizona is
reported to be more than 25,000 in 1 month. One month, over
25,000 people. Numbers in Arizona are up sharply over the same
month last year, when heightened security following September
11th slowed the flow of illegal immigrants along the entire
2,000-mile border that stretches from San Diego to McAllen,
Texas.
Latest figures indicate the number of illegal immigrants is
showing signs of climbing back to pre-September 11th, 2001,
levels. Last year, 320 illegal immigrants died trying to cross
the border into Arizona, according to Border Patrol officials--
320 people, who were coming to find a job so they could feed
themselves and their families, died in the desert of Arizona.
So what has been the reaction along the border? According
to an article in the Arizona Daily Star on January 3rd, 2003,
``Bisbee militia leader, Chris Simcox, says he is set today to
launch the first patrols along the border with members of his
homeland defense group. Simcox has said he plans to have groups
of armed citizens patrolling three areas of the Arizona/Mexico
line, although he would not specify the sites. A second patrol
to be put on for the news media is scheduled for Sunday.''
So we have got a situation where roughly 25,000 illegal
immigrants are crossing the border in my State every month. 320
of them died in the desert last year. They are not just people
who are illegal immigrants, who are looking for jobs--although
I would imagine the 320 were, because the drug smugglers are
smarter than that. Drug-smuggling is at an all-time high.
And then in today's front page of the Wall Street Journal,
``A ranger's death shows new hazards of a venerable job. Organ
Pipe Cactus National Monument, Chris--in the oven-like
afternoon heat last October 9th, Chris Egel got a call for
help. Mexican police were chasing a truck that was about to
cross a poorly marked national border into the desert park. Mr.
Egel, a 28-year-old park ranger, raced to the scene and found
the truck stuck in a dust-filled pothole on the U.S. side.
Several men spilled out and ran. Mr. Egel spotted one of them
trying to hide behind a bush. He approached the suspect and
prepared to arrest him when the man whipped out an AK-47
automatic rifle and fired''--killed him. So the other mounting
evidence is that these illegal immigrants are coming across--
many of them associated with the drug trade are coming across
heavily armed.
So I know you are aware of these issues, Mr. Hutchinson,
but I think that we have got to act, and we have got to act
very seriously, and it is going to require an effort on your
part. It is going to require technology. It is going to require
money, and it is going to require a commitment that perhaps we
have sort of turned a blind eye to.
And let me just, finally, make the other point that
complicates this issue so much. As soon as those people, the
25,000 who are crossing our border, get someplace north, guess
what? They get a job, because there are people who are hiring
them. So there is a contradiction and almost an hypocrisy here,
because we want people to stop crossing our border; yet as soon
as they get here, we will hire them and pay them at a level
that they cannot achieve back in Mexico or Honduras or El
Salvador or China, wherever it is--because they are coming now
from all over the world across our border.
Now, that issue may be a little bit beyond your area of
responsibility, but I really believe that, as a Nation, we have
got to grapple with this issue. And I think the first decision
we need to make is whether we are going to control our border
or not. But not act like we are, when we really are not. And we
owe it to these good men and women who are serving on the
Border Patrol, Customs, INS--to give them a lot better deal
than the one they have got today to prevent these needless
deaths of both people who come here illegally, as well as those
who are tasked to enforce the law.
I thank you for being here. I thank you for listening.
And, Senator Rockefeller?
STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
Senator Rockefeller. Thanks, Mr. Chairman. I will put my
statement in the record.
[The prepared statement of Senator Rockefeller follows:]
Prepared Statement of Hon. John D. Rockefeller IV,
U.S. Senator from West Virginia
Thank you, Mr. Chairman. I would like to welcome our distinguished
nominee and thank him for appearing before us this morning.
Administrator Hutchinson, you have served with distinction in the
Drug Enforcement Administration and I am confident that you will
continue to excel in your new role.
Nevertheless, difficult challenges lie ahead.
While the Transportation Security Administration has made an
impressive start in its first year of existence, much more work is
required to further bolster the security of our transportation
infrastructure.
Moreover, you will be tasked with integrating Customs and INS into
the broader transportation security architecture.
The job you are about to undertake is of the utmost importance to
America, and it is essential that you succeed.
The ongoing health of our economy, and indeed our very way of life,
is predicated on the ability to move people and goods efficiently and
securely.
In the months ahead, I encourage you to coordinate closely with us
in the Congress. Working together will be critical to ensuring success.
I know that today's open hearing will restrict your ability to
discuss sensitive matters in any kind of detail.
I hope, Mr. Chairman, that we will have an opportunity to invite
Mr. Hutchinson to come before us again soon--in a closed session--so
that we will be able to discuss topics that are not appropriate for
this morning's hearing.
Thank you again, Mr. Chairman. And I look forward to hearing from
Mr. Hutchinson.
Senator Rockefeller. I do want to strongly associate myself
with your comments and with the firmness and emotion that
accompanied them.
I also want to welcome Administrator Hutchinson and say
that--I will save my questions for when that comes--but that I
had not had a chance, Mr. Chairman, to know Asa Hutchinson
particularly well until we took a trip together to South
America and had a chance then to really discover that maybe we
were OK, each of us, as people, and we have been good friends
since then.
So I look forward to questioning him and then voting for
him as soon as possible.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator.
Senator Cantwell? We have the early bird rule----
Senator Cantwell. It is nice to know, Mr. Chairman, that
this Committee----
The Chairman.--here where even our newest members, who we
welcome with enthusiasm, and, may I say, far more enthusiasm
than the member to your left----
[Laughter.]
The Chairman. So I want to thank you----
Senator Lautenberg. You could see that coming.
[Laughter.]
The Chairman. In the Committee, we welcome you, and we look
forward to working with Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Well, thank you, Mr. Chairman, and thank
you for that early bird recognition of being here. It is an
honor to serve on this Committee and it is an honor to serve in
the historical context of one of the great figures in our
State, Warren Magnuson, having been on this Committee for 37
years and chairing it for some time.
I do also want to thank Director Hutchinson for his time
today and his efforts in Washington State on methamphetamine
and a variety of other issues.
Obviously, the issue of borders is very important to the
northern tier of the country, as well, and I look forward to
your comments today about how we continue to upgrade the amount
of manpower that we have put on the border. While we have made
some progress in the last Congress of actually, I think,
tripling the authorization and actually doubling the number of
people, the bottom line is it still remains about 9,000 people
on the southern border and about 600 on the northern border. So
we have had a variety of challenges given that we are a border
State next to such a large population center, and the
complexity of also obviously having a lot of container traffic
going in and out of those ports.
So it is no surprise that after the Rasaam case in
Washington State, where someone came through and the Customs
agents actually caught a terrorist on their way to either blow
up LAX or the Space Needle or whatever it was, that we have
heightened our interest in making sure that we do not have a
porous border there.
So I am very interested in your new responsibilities as it
relates to implementing a section of the Patriot Act dealing
with a biometric standard. We are very interested in seeing a
process by which either facial or fingerprint recognition can
be a more stable source, working with countries abroad to
determine who should get a visa prior to being let into the
country, as opposed to the process that we are pursuing today,
trying to track people once they are already here, or the large
number of deportations that are about to happen. You will be
responsible for implementing that part of the Patriot Act, so I
look forward to your comments on that.
And then, last, just the process that we can work with
together on, port security, and the fact that container cargo
could be as close as a mile away, to 30,000 fans watching a
Mariner or a Seahawk game, and how we implement good border
security--container security at our ports, as well.
I look forward to your rapid confirmation, hopefully this
afternoon, and working with you on those issues in Washington
State.
The Chairman. Senator Hutchison?
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you, Mr. Chairman.
Mr. Chairman, I especially thank you for your opening
comments regarding the southern border. We do have border
issues at the north. We certainly have them from the south. And
we are reading more in Texas about the vigilantes who are going
out to protect their own ranches because they cannot get Border
Patrol to help them.
What the Chairman said is so true. We have got to decide if
we are going to have enforcement of our borders or not. And
what we really must decide is, Are we going to create safe and
legal means for people to come into our country and then
enforce the laws when they are broken? And I think that has to
be the right order. But we have done neither.
So I think, Mr. Hutchison--Hutchinson--to pronounce it
incorrectly----
[Laughter.]
Senator Hutchison.--you are going to have a huge job in the
enforcement area. I hope that you will immediately start
looking at tamper-proof passports, tamper-proof visas, a
tracking system so that we know who is in our country and when
they either disappear or leave.
In addition to the borders, of course, you have
transportation. Certainly, aviation has come a long way since
9/11, but air cargo is still an area that we must address to
make sure that everything that goes on an airplane is looked at
and we know that it is safe.
Ports are a huge area, certainly in my home State. Our
ports have hired extra personnel. They have put up fences. They
are doing a lot on their own, but they cannot do the whole job
on their own without Federal help and Federal guidelines. The
people coming into the international waters must be patrolled.
So you have a huge job, and we look forward to working with
you. I will ask you some questions, as well, but I know that
you have had a huge learning curve. To take over the INS and
all of the transportation security in our country is an awesome
responsibility.
I will say that I think Admiral Loy has done a remarkable
job in a very short time with the aviation side, and now he has
said he is turning to ports and other modes of transportation,
which I think is correct.
So I look forward to working with you as the chairman of
the Service Transportation Subcommittee, and with the chairman,
to make sure that all of our borders and our transportation
modes are secure.
Thank you.
The Chairman. Thank you.
Senator Lott?
STATEMENT OF HON. TRENT LOTT,
U.S. SENATOR FROM MISSISSIPPI
Senator Lott. Thank you, Mr. Chairman, for having this
early hearing. And thank you, Congressman--and I still refer to
you as Congressman--Hutchinson, for agreeing to take this very
important and difficult task on. Our appreciation goes out to
your family for being willing to tolerate the demands that are
going to be placed on your time in the weeks and months ahead.
Certainly you are very qualified for this difficult
assignment. Your two terms in the House, your experience as
U.S. Attorney, and, of course, your experience as the
Administrator of DEA, provides you with an insight in to the
nature of the threat and the need for Federal agencies to work
with each other and State and local governments to protect the
United States from external and internal threats. I believe you
are going to need every bit of that experience, knowledge and
leadership, because you are taking on one of the most difficult
tasks that I have seen an individual or a new Under Secretary
to have to deal with. You have got a huge jurisdiction that you
are going to have to bring together. Of the five new under-
secretaries, I think yours is the one that is going to be the
most important and difficult because of all the different
functions and facilities and organizations that you are going
to have to try to bring into one that makes sense and works
together.
I have been, like most senators, trying to keep an eye on
how well the Transportation Security Administration has been
working. I think they have done, really, an incredible job.
Just yesterday, I took the time to go through the facility at
Lexington, Kentucky, to look at what they were doing, and look
at the people. I was very impressed with the quality, diversity
and attitude of TSA's workers. But I think we still have a lot
more that we need to do.
Now, I understand you also will have INS under your
jurisdiction. Good luck working with that. I think we have
given you a challenge in getting all these different entities
to work together. In one instance, at least, the Coast Guard
will not be located in your directorate, and I think it is
going to be very important that the Coast Guard and the Border
Patrol and INS, all of them, are working together in a
cooperative way.
So we have a job to do here. It is not one in which we have
a choice. It is very, very important for the security of our
people here in America. I wish you the very best. I am
delighted the President selected you for this position. I think
that you are going to have a good team there. And we are
expecting a lot out of you soon.
So I will have a couple of questions, some even a little
parochial, although John McCain would certainly not expect that
from me----
[Laughter.]
Senator Lott.--but I will have at least one in that area
when our time comes. Thank you very much for being here.
The Chairman. Thank you, Senator Lott.
Senator Wyden?
STATEMENT OF HON. RON WYDEN,
U.S. SENATOR FROM OREGON
Senator Wyden. Thank you, Mr. Chairman.
And I, too, think that Asa Hutchinson's going to be an
excellent choice for this position. I just want to outline a
few concerns.
First, with respect to the border, I think Mr. Hutchinson
knows that there is a long history of Government officials
announcing, with tremendous fanfare, various programs to better
enforce the borders, and they always seem to peter out, and I
think what I would especially like to hear is how your office,
pushing the U.S. Congress, will break that cycle and ensure
that this time, the job really does get the followup that is
warranted. And that means the U.S. Congress is going to have to
support you. It is not something where you just go out and
tackle it on your own. That follow-through is something that I
would really like to hear addressed this morning.
Two other points, just very quickly. As someone who has
really specialized in technology issues, and has had the chance
to serve under Senator Rockefeller on the Intelligence
Committee, I think we have got to beef up information sharing,
and there is the technology today to do this job right. With
the agencies you have got, INS, Border Patrol, and Customs, if
one of them sits on information and does not get it out
throughout the network, everything is going to fall apart, and
clearly, that is something post-9/11 that we are aware of, and
you will have a chance to do something about it.
Finally, the third area I am going to ask you about is
protecting whistleblowers. I think if there is one thing that
we have seen, in terms of trying to hold the key agencies
accountable, we have got to have protections for
whistleblowers. I think James Loy is off to a very good start,
but he has signed some orders recently that do, in my view,
affect our ability to get information with respect to
mismanagement. I will be asking about those issues, as well,
and look forward to your service and supporting you in the
confirmation process.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Sununu?
STATEMENT OF HON. JOHN E. SUNUNU,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Sununu. Thank you, Mr. Chairman. And welcome, Asa.
Mr. Chairman, having been elected with Asa to the House in
1996, and having served with him for 4 years, being someone
that considers himself a good friend to Asa, I would like to
think that I was, in some small way, responsible for his
enormous success since coming to the House. Unfortunately, that
is not the case.
His success is really driven by the wealth of experience he
has brought to the job as U.S. Attorney, at the DEA, and, of
course, his service in Congress. And I will say, as one of his
classmates from that year, 1996, we are all very proud of the
work he has done, the success he has had, and the
professionalism with which he has handled himself during a very
tough time in these past few years dealing with the immigration
issues, the national security issues, the drug-enforcement/law-
enforcement issues. He has done a tremendous job, and that is
why I think there is so much agreement that he is the right
person at the right time for the tough challenge ahead.
There are two areas where Asa has worked in the House,
where I have seen him work, that I would want to highlight. I
am sure he is not going to give a litany of all the wonderful
things he has done and the reasons he will do a good job at
Homeland Security, but two areas I would like to highlight that
I think will make a difference.
One is in areas of rural law enforcement. Asa was a leader
in the House in trying to understand the unique needs of rural
law enforcement--important, of course, to a State like New
Hampshire, which is a pretty rural area. But his work there
underscores the fact that he understands there is not going to
be a single approach in Homeland Security, or Immigration, or
Border Patrol that will meet the needs of every different
State, every different part of the country. There are different
needs at the State level.
Ultimately, understanding how Homeland Security can assist
those local agencies, local law enforcement, or local first-
responders is going to be extremely important to making the
department work. Asa certainly brings that perspective and a
proven record there.
Second, I would emphasize his great record in working to
strike a balance between the needs of law enforcement and the
basic obligation that we all have, as Members of Congress, to
protect the rights of individuals and individual civil
liberties. This is an area where there has been and will
continue to be an enormous amount of discussion and debate. We
all understand those fundamental rights, the individual rights,
that are protected in the U.S. Constitution. There may be some
disagreements as to the exact right way to pursue efforts to
strengthen law enforcement or strengthen national security and
still protect those rights, but Asa has shown a very thoughtful
approach towards these issues. He has shown an ability to
understand some of the more complex areas of constitutional law
relating to civil liberties. I think that, in this new role,
this kind of perspective will be extremely, extremely
important.
Again, I am excited for Asa and for his family. I am very
proud to be able to call him a friend, and I look forward to
his great work for Secretary Ridge.
Thank you, Mr. Chairman.
The Chairman. Senator Smith?
STATEMENT OF HON. GORDON SMITH,
U.S. SENATOR FROM OREGON
Senator Smith. Thank you, Mr. Chairman.
Asa, I join my colleagues in welcoming you here. I truly
enjoyed our visit the other day, and thank you for the courtesy
you showed me, and many of my colleagues, I am sure, to come by
our offices.
I am perhaps repeating much of what has been said, but I
think Chairman McCain really hit on one of the issues that the
American people feel very keenly, and that is the integrity of
our borders. If you listen to talk radio at all, you will know
that there is an incessant demand for militarization of our
borders, and I am not advocating that, but I notice that, in
your record, you actually did vote for that. I would be
interested to know if you still think that the United States
military has a role to play on our borders.
Having said that, as someone who worked with Ron Wyden and
others to try to make sense out of our immigration policy with
respect to migrant workers, it is a fact that there are a few
crops in agriculture, those that are labor intensive, that
would simply shut down in the United States if there were not
some ability to employ migrant workers. Some of us have worked
very hard to find the right compromise to bring some
rationality into a visa program that would allow them to work
and give them the safety to return, and the integrity of law
under which they could live while they are here, and we have
been frustrated at every turn. And so any thoughts that you
might have on that I think are very, very needful.
And we, as a country, have a special reason and
relationship to keep a special relationship with Mexico and
Canada, and I think these are very difficult times, because of
terrorism's overlay on everything we are talking about here.
But, again, welcome. Please be mindful that--when it comes
to the INS, there are some local sensibilities, too,
particularly, in the State of Oregon, where we have had a very
unfortunate recent experience with a local director there that,
fortunately, has been removed, but--as it relates to racial
profiling in a very flagrant and invasive way.
So, welcome. We look forward to your service. And thank you
for being here.
The Chairman. Senator Lautenberg? And, again, welcome to
the Committee from an old friend and colleague. Welcome,
Senator Lautenberg.
STATEMENT OF HON. FRANK LAUTENBERG,
U.S. SENATOR FROM NEW JERSEY
Senator Lautenberg. Thank you for your warm welcome, Mr.
Chairman.
I am pleased, Mr. Chairman, to join with you and the other
Members of the Commerce Committee in welcoming this very
capable individual to take this post.
Congratulations to you, Mr. Hutchinson, and to your family.
They are all proud, and proud, they should be. It is an
important post that you are taking, and the country is putting
a huge reliance upon you.
This Committee, as you know, is going to oversee key
functions of the DHS, including transportation security. These
responsibilities are a vital part of the new department and
will present an enormous challenge. As Under Secretary for
Border and Transportation Security, you will have to strike the
balance between keeping our borders, roads, rails, and airways
safe without unduly hindering the commerce and travel of
Americans.
And in response to the Chairman's plea, or the Chairman's
interest in avoiding the border intrusions that we see, there
is no section of our great country that is not subject to
intrusions, one way or the other, whether it is desert borders
or mountain borders or sea borders, as we have it in my area of
the country.
And I want to welcome you, Mr. Hutchinson, to this hearing.
I look forward to hearing how, if you are confirmed as Under
Secretary for Border and Transportation Security, you plan to
execute the enormous responsibilities of this office, to
oversee the protection of the Nation's 300 ports, 7500 miles of
border, 95,000 miles of shoreline.
And after September 11, we understandably focused on
aviation security first and foremost. All Americans who fly now
see real changes in the security procedures that beguile us as
we go to the airport. But transportation security is not just
relevant to airplanes. In my State, crisscrossed with a network
of commuter rail lines and, of course, Amtrak, we must make
sure that rail security is a real priority.
The Port of New Jersey and New York is the largest port
complex on the East Coast of North America, and our port is
critical to our region's infrastructure and the economy. We
need to make sure the port facilities are safe from attack. And
this directorate also has the responsibility, as you well know,
for a very important agency, the Federal Emergency Management
Agency, for immigration practices and cross-border animal and
plant inspections, all the vital components of our homeland
security and vital to my home State of New Jersey.
But I have observed our candidate's ability, Mr. Chairman,
and skill, and I was impressed, I must tell you, and I told
this to you personally, even though we were on different sides
of the issue, I had the utmost respect for your professionalism
and your capacity to take on assignments.
And I just wish you the strength and energy to handle this
important task for your country. And I look forward to hearing
from you about your strategies to undertake this enormous task.
And I hope that we will have the chance to communicate as you
get further into the job. I wish you well. Thank you very much.
The Chairman. Senator Snowe?
STATEMENT OF HON. OLYMPIA J. SNOWE,
U.S. SENATOR FROM MAINE
Senator Snowe. Thank you, Mr. Chairman.
I am delighted to be here today to consider the nomination
of Asa Hutchinson to this position, one that obviously does
represent significant responsibilities. And obviously there is
going to be a sense of urgency with all the compelling
obligations that you will be assuming in becoming Under
Secretary for Border and Transportation Security. And I have no
doubt that you will provide the kind of leadership that is
essential to ensuring our Nation's homeland security.
You will face a lot of challenges, as you undoubtedly know.
I was reading someplace that your agency will have the most
employees within the Homeland Security Department. And some
experts were saying that your job is not impossible; it just
appears that way.
So with that, you know what you are undertaking in terms of
beginning to grapple with the myriad challenges in coordinating
and really reconciling a number of agencies that you will have
to transcend the historic cultures that have characterized
these agencies in the past.
As one who has been involved in information sharing since
the aftermath of the 1993 World Trade Center bombing, I can
assure you that information sharing still will become one of
the most profound challenges that you will face in your
position. In addition, obviously, consultation, coordination,
and communication will also be vital ingredients to making your
agency work.
There are many gaps in the system currently. If you read
the report that was issued by the Hart-Rudman Commission last
fall, that America is still dangerously unprepared for a
terrorist attack on our soil, obviously we have to accelerate
timetables that exist in a number of areas. When I look at the
gap in--for example, port security, which is still one of the
most, I think, significant gaps in our security system in
America. When you think about the fact that only 1 to 2 percent
of the 6 million containers that come from overseas are
inspected, and 95 percent of our trade from outside North
America moves to the United States by sea, it is absolutely
vital that we focus on this front line of defense. And the
Hart-Rudman report underscored that in a very compelling way.
So obviously, we have much more to do, and I would hope
that you will be able to work with us, here in this Committee
as well as in Congress, to begin to create a comprehensive
plan, particularly for high-risk container shipments, so that
we can begin to profile those, to alert authorities, to focus
their limited inspection and enforcement resources on those
that represent the most high-risk containers. In addition, we
ought to make sure that radiation detection devices are given
to each inspector, as well.
So I hope that these security measures can move in a most
urgent fashion to begin to really address and fill some of the
gaps when it comes to port security. As one who chairs the
subcommittee that oversees the Coast Guard's responsibilities,
I will be holding a hearing to examine their role in fulfilling
the mandates under law with respect to homeland security. But,
again, I would urge you to work hand-in-glove with the Coast
Guard to ensure that everything, in terms of procedures and
process, is operational. It is absolutely vital that you work
in concert.
It is important that we do not wait until dangerous cargo
is intercepted when it is in our ports. We obviously have to
make sure and prevent that from happening before they get into
our ports, and that is where the Coast Guard is going to be
playing a primary function.
Also, air cargo. And Senator Hutchison has been working on
that and has introduced legislation last week, and I have
introduced legislation, as well, in working with her, because
we really do have to examine the gaps that currently exist when
it comes to air cargo. You know, half of a passenger planes
hull consists of air cargo, and yet it remains uninspected. So
I think we have to begin to fill the gap.
Now, I have recommended doing a random inspection of 5
percent of the cargo. I think we have to begin to take steps in
that direction, authenticating those who are shipping this
cargo so that we know who the shippers are, so that we have
some identity of the air carriers and other entities involved
in aviation shipping. But I think it has to be addressed with a
compelling sense of urgency.
So, again, Asa, I welcome you. I applaud the remarkable
willingness that you have shown in addressing these issues that
are facing our country today, and I wish you well.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Please proceed with your opening statement, following which
we will ask some questions.
I would like to tell my colleagues, I was told that we will
have a vote at 4:05.
STATEMENT OF HON. ASA HUTCHINSON, UNDER SECRETARY-DESIGNATE,
DEPARTMENT OF HOMELAND SECURITY
Mr. Hutchinson. Chairman McCain, Senator Rockefeller,
distinguished Members of the Committee, thank you for your very
kind remarks that you made, but also very thoughtful
observations as to the challenges that are ahead.
I do want to express my appreciation also to President
Bush, who has expressed confidence in me by nominating me for
the Nation's first Under Secretary for Border and
Transportation Security.
Mr. Chairman, you and your Committee should be applauded
for the outstanding work that you have done over the last 16
months to improve the security of our homeland. Your swift
action in passing the Patriot Act, the Aviation Transportation
Security Act, the Maritime and Rail Security Acts, and the
Homeland Security Act, has been very critical to protecting us
against threats from those who would do us harm.
Sixteen months ago, I took leave of Congress and took the
reins of an agency with a singular focus on fighting what many
perceived to be an unbeatable foe, the problem of illegal
drugs. At the time, I viewed the responsibility entrusted to me
as a very noble endeavor that was critical to our Nation's
future, and I continue in that belief today. At the DEA, it has
been my great privilege to serve alongside some of the finest
men and women in law enforcement, and I have been humbled by
their dedicated service, their extraordinary courage and
excellent work, and would like to thank them publicly for their
efforts, their support, and their achievements.
But now a new threat is on the horizon. The character of
our Nation has been tested over the last year-and-a-half. We
have experienced the most devastating attack on American soil
since Pearl Harbor, and we, as a Nation, have been changed. And
as a result, vulnerabilities from which we had been insulated
for decades came into focus. But the September 11 attacks also
gave us a new sense of patriotism, a sense of responsibility
for our neighbors. It has united us in our resolve to find and
punish those responsible, but also our resolve to protect our
freedoms, our communities, and our future. It is this task to
which you have devoted much of your last 16 months of service,
and it is this task to which I have now been called by the
President. And this, too, is essential for our Nation's future.
As Governor Ridge stated just last week, we are at the
beginning of what will be a very long struggle to protect our
Nation from terrorism. While much has been accomplished, there
is much more work to do. Men and women who responded after
September 11 following the attack, coming to the aid of those
who were affected, they have worked to secure our borders and
our critical infrastructure, and they have pursued those
responsible. They have taken the very first steps toward
protecting our homeland, but we, additionally, have to
followup.
The President and Congress quickly followed by enacting
strong legislative measures to assist in that mission, and one
of which brings me here today--that is, the Homeland Security
Act, which consolidates 22 of the Federal agencies for the
responsibility of protecting the homeland into a single agency
with a very narrow focus. Governor Ridge and Secretary England
have been selected by the President to lead this component of
homeland protection. And if confirmed, I will be delighted to
work with them along with the 100,000-plus employees who
currently serve in agencies that will be transferred to the
Borders and Transportation directorate.
The President has set forth a comprehensive plan with very
tangible benchmarks to measure success through the national
strategy for homeland security. As part of that strategy, the
Under Secretary for BTS has been given jurisdiction over the
functions currently performed by the Customs Service, INS,
enforcement side, including the Border Patrol, Federal
Protective Service, the Federal Law Enforcement Training
Center, TSA, and a new Office of Domestic Preparedness. The
specific mission to prevent the entry of terrorists and
instruments of terrorism is combined with ensuring the speedy,
orderly, and efficient flow of lawful traffic and commerce. And
should I be confirmed, I will commit wholeheartedly to fulfill
both of those dual missions.
To accomplish the mission, we must do a number of things.
We have to bring the incorporated agencies onboard into the
department by the goal of March 1, and we do it in a fashion
that continues their operational capacity. We have to
accomplish significant reorganization of those agencies coming
into Border and Transportation directorate with the appropriate
approval and oversight of the U.S. Congress. We must enhance
the human intelligence gathering and sharing within the
agencies comprising the BTS directorate. We have to bring the
inspection functions at the ports of entry within a unified
chain of command structure, the result of being a more secure
border. We must improve the technology used on the border and
in the transportation systems to enhance the flow of commerce
while detecting and detaining unlawful cargo. We have a
responsibility for developing visa issuance regulations, which
includes training and staffing to reduce the abuse of our visa
program by those who wish to harm America. We have to
effectively communicate with the Congress and the American
public on the operations of these agencies and our ongoing
efforts to fulfill the mandates of Congress.
On the enforcement side, we have much to do, as well. We
must make the necessary adjustments of the enforcement
priorities, and at the same time improve the management
oversight and the information technology that exists within
each of these agencies.
I should add that as I oversee the INS enforcement efforts,
I will continue to emphasize the essential nature of
immigration services. Homeland Security must be about
protecting America, but it is an America that includes those
who lawfully come to America to share our freedom, our future,
and the responsibility to defend this land. We must continue to
welcome lawful immigrants, even as we take steps to protect our
borders from unlawful entries.
Serving as the Administrator of the DEA has provided me
with an extraordinary experience in managing a Federal agency
with a substantial budget, significant national and
international presence, and thousands of employees. Experience
that I gained will contribute to my ability to achieve the goal
of effectively integrating the agencies that fall under the BTS
directorate.
And during my time at the DEA, we have contributed, in our
own way, to protecting the homeland by disrupting and
dismantling some of the sources of terrorist funding by
enforcing our drug laws.
My service at the DEA, as a Member of Congress, and as
United States Attorney, has given me experience in
communicating and working closely with a variety of
stakeholders on a regular basis. And should I be confirmed for
this position, I commit to continue that practice of
communicating regularly with the Federal, State, and local
government officials, community groups, transportation industry
leaders, shippers, and others who will be directly impacted by
the operations of these BTS agencies.
But of greatest importance, we must communicate frequently
with the nearly 100,000 employees who will transfer into BTS,
giving them information, support, and motivation to continue
their dedicated efforts in shielding this Nation from
terrorists. The employees who transfer are hard-working men and
women who perform critical tasks on a daily basis, and overall,
they do their jobs exceptionally well. By merging those
agencies into BTS, these public servants will not be asked to
change what they do from day to day; rather, the organizational
structures will be refocused, consolidated, and reorganized so
they can better perform the function of protecting the
homeland.
Although these employees carry out a variety of
responsibilities, they will now go to work each morning with
the constant thought of, ``Today, what can I do to protect
America from those who hate us and wish us harm?''
Mr. Chairman, I have always believed that the first duty of
Government is to protect and defend its citizens. A great
portion of that responsibility falls on the new Department of
Homeland Security. It is a duty I acknowledge. It is a duty I
accept. And it is a duty I fully dedicate myself to fulfilling.
Thank you for providing me this opportunity to appear
before you today, for the support that you have expressed, and
for the continued working relationship that we will have.
Thank you, Mr. Chairman.
[The prepared statement and biographical information of Mr.
Hutchinson follows:]
Prepared Statement of Hon. Asa Hutchinson, Under Secretary-Designate,
Department of Homeland Security
Chairman McCain, Senator Hollings, distinguished Members of the
Committee, I am delighted and honored to appear before you today. I am
grateful for the confidence President Bush has expressed by nominating
me to serve as our nation's first Under Secretary for Border and
Transportation Security.
Thank you also for the hard work and leadership you have provided
over the last 16 months to the enormous task of securing our homeland.
Your swift action in passing the Patriot Act, the Aviation and
Transportation Security Act, the Maritime and Rail Security Acts, and
now the Homeland Security Act, has been crucial in our effort to
protect against threats from those both here and abroad who would do us
harm.
Mr. Chairman, sixteen months ago I took the reins of an agency with
a singular focus on fighting what many perceived as an unbeatable foe--
the problem of illegal drugs. At the time, I viewed the responsibility
that President Bush and the Senate entrusted to me as a noble endeavor
critical to our nation's future, and I continue in that belief today.
It has been my great privilege to serve alongside some of the finest
women and men in law enforcement. I have been humbled by their
dedicated service, extraordinary courage, and excellent work and would
like to thank them publicly for their efforts, their support and their
achievements. Great strides have been made in the fight against drugs
in the last year and a half, and I know that the men and women of the
DEA will achieve even greater success in the months and years to come.
Chairman McCain and Members of the Committee, the character of our
nation has been tested over the last year and a half. We experienced
the most devastating attack on American soil since Pearl Harbor, and we
have been changed. Unfortunately, vulnerabilities from which we had
been insulated for decades became entirely too real to many of us. But
the September 11 attacks also gave us a new sense of patriotism and
responsibility for our neighbors. It united us in our resolve to find
and punish those responsible but it also united us in our resolve to
protect our freedoms, our communities and our future. It is this task
to which you have devoted much of your last 16 months of service in the
Senate, and it is this task to which I have now been called by the
President. This, too, is essential for our nation's future.
As Governor Ridge stated just last week, we are at the beginning of
what will be a long struggle to protect our Nation from terrorism.
While much has been accomplished, there is much more work to do. The
men and women who responded on September 11 and the days following by
coming to the aid of those affected by the attacks, secure our borders
and critical infrastructure, and by pursuing those responsible, have
taken the important first steps toward protecting the homeland in this
new era.
The President and Congress quickly followed by enacting various
legislative measures to assist those men and women in that mission, the
most significant of which, the Homeland Security Act, consolidates 22
of the federal agencies with responsibility for protecting the homeland
into a single agency whose primary focus is protecting the Homeland.
Governor Ridge and Secretary England have been selected by the
President to lead this important component of homeland protection. If
confirmed to serve as the Under Secretary for Border and Transportation
Security (BTS), I, too, will join them and the nearly 100,000 employees
who currently serve in agencies that will transfer into BTS, in this
effort.
The President has set forth a comprehensive plan with tangible
benchmarks to measure success through the National Strategy for
Homeland Security. As part of that strategy, the Under Secretary for
Border and Transportation Security has been given jurisdiction in the
Homeland Security Act over the functions currently performed by Customs
Service, INS, including Border Patrol, Federal Protective Service, the
Federal Law Enforcement Training Center (FLETC), TSA and a new Office
of Domestic Preparedness. The specific mission is to prevent the entry
of terrorists and the instruments of terrorism while ensuring the
speedy, orderly and efficient flow of lawful traffic and commerce.
Should I be confirmed to serve as Under Secretary for Border and
Transportation Security, I would commit wholeheartedly to fulfill that
mission by striving to meet these more specific goals:
1) Bringing the incorporated agencies on board at the
Department of Homeland Security in an orderly and well-managed
fashion.
Our efforts to meet this significant challenge are well
under way. I have been meeting with the principals of the
agencies whose functions will be assimilated into BTS. We have
established several high-level working groups to address
functional alignment and organizational issues. There is still
much to be done, and I am working closely with the other Under
Secretaries to ensure smooth coordination of cross-directorate
issues.
2) Accomplishing significant reorganization of the Border and
Transportation Security agencies with appropriate approval and
oversight by the United States Congress.
Congress recognized that in this consolidation there would
be areas of significant overlap in responsibilities and
capabilities. I have been working diligently with the agency
heads to prepare a plan for the consolidation of
responsibilities and capabilities into a logical organization
that makes sense. The guiding principal is to align like
functionalities and complimentary capabilities while ensuring
the continuity of operations, leading to increased national
security readiness.
3) Enhancing the human intelligence gathering and sharing
within the Border and Transportation Security agencies.
As I have learned at DEA, human intelligence is often the
most valuable. We use the expression ``ground truth'' in
everyday conversation to mean something that we know is
unequivocally true. That expression comes from the intelligence
community, where ``ground truth'' truly validates other sources
of information. Obtaining this requires having agents in place
with experience, connectivity and support that ensures their
ability to obtain needed information and pass it securely to
operational commanders. We must also improve interagency
information-exchange connectivity to provide critical
information to the officers in the field when they needed. I am
engaged with the Directorate for IA/IP and all assimilating
agencies to ensure that BTS intelligence requirements are
understood and addressed appropriately.
4) Bringing together the inspection functions at the port of
entries within a unified chain of command structure, the result
being a more secure border.
This is the key element under my guiding principal for BTS
reorganization. We must field a single unified presence at the
border, especially at the ports of entry. It must include unity
of command that can effectively plan unified, mutually
supporting operations and quickly respond to emergent
situations, redirecting resources as necessary.
5) Improving the technology used on the border and in the
transportation systems to enhance the flow of commerce while
detecting and detaining unlawful cargo.
Improved technology and increased early knowledge of
incoming travelers and goods passing through our ports of entry
is the key to enhancing our capability to ``sort the wheat from
the chaff.'' We must improve our ability to identify terrorists
and their supporters and the chemicals, equipment and materials
intended to harm our nation and its people, while at that same
time we must minimize impacts to legitimate travelers and goods
that are the economic engine of our nation.
6) Developing visa issuance regulations, training and staffing
to reduce the abuse of our visa program by those wishing to
harm America.
Congress has mandated a new and critical element for our
nation's security by requiring the development of improved
security procedures for visa issuance and implementation of
third party oversight of visa issuance in our nation's
embassies. We intend to develop a strong and effective program
to assure that only those with legitimate intent are issued
visas to enter our great nation. We will be working closely
with the Department of State to develop the policies, process
and procedures to effectively implement this mandate.
7) Communicating effectively with Congress and the American
public on the operations of the Border and Transportation
Security agencies and our ongoing efforts to fulfill the
mandates of Congress.
Building on my close relationship with Congress, I fully
expect to establish frequent and open communications with
appropriate committees and staff to ensure their full
understanding of BTS-related issues and initiatives. It is my
belief that a well informed Congress makes the best decisions.
Likewise, frequent open communication with the American people
regarding BTS operations and how we are fulfilling our mandates
is the only way to build the public's trust in our ability to
secure the nation.
8) Reducing the problem areas of INS enforcement, including
making necessary adjustments to enforcement priorities and
improving management oversight and information technology.
INS has been the focus of considerable criticism over the
past several years, and there is a vast library of reports
documenting the immigration enforcement problem areas. I have
been studying the INS enforcement programs and meeting with INS
senior leadership. Options will be considered on a better
alignment of responsibilities and missions. With the proper
alignment of resources and missions we can leverage the assets
we currently have to increase our operational effectiveness and
better meet our mandates. Information technology will play a
key role in improving our effectiveness requiring close
coordination with the Chief Information Officer and the
information analysis staff. I have already begun to communicate
my requirements to them and to work with them to develop
appropriate solutions. Another key player in this effort is the
Director of Shared Services, with whom I will work to ensure
proper coordination and exchange of information between BTS and
the Bureau of Citizenship and Immigration Services.
I should add that as I oversee INS enforcement efforts, I will
continue to emphasize the essential nature of immigration services.
Homeland Security must be about protecting America--but it is an
America that includes those who lawfully come to America to share our
freedom, our future and the responsibility to defend this land. We must
continue to welcome lawful immigrants even as we take steps to protect
our borders from unlawful entries.
Serving as Administrator of the DEA has provided me with valuable
experience in managing a federal agency with a substantial budget,
significant national and international presence and thousands of
employees--experience which will contribute to my ability to achieve
the goal of effectively integrating the agencies that fall under the
BTS directorate. I have also gained experience by leading DEA in its
new areas of responsibility as other federal law enforcement agencies
have appropriately reduced their efforts in the counter-drug arena to
focus more on counter-terrorism.
During my tenure as Administrator of the DEA, we have contributed
to protecting the homeland--namely, disrupting and dismantling some of
the sources of terrorist funding by enforcing our drug laws against
both foreign and domestic drug traffickers. My service at DEA, in
Congress and as a U.S. Attorney has also provided tremendous experience
in communicating and working closely with a variety of stakeholders on
a regular basis. Should I become the new Under Secretary for Border and
Transportation Security, I would certainly continue that practice,
communicating regularly with federal, state and local government
officials, community groups, transportation industry leaders, shippers
and others who will be directly impacted by the operations of the BTS
agencies. Certainly, of greatest importance, we must communicate
frequently with the nearly 100,000 employees who will transfer into
BTS, giving them information, support and motivation to continue their
dedicated efforts in shielding this nation from terrorists.
The employees who will transfer into BTS are hardworking men and
women who perform critical tasks on a daily basis, and overall, do
their jobs exceptionally well. By merging into the new Directorate of
Border and Transportation Security, these public servants will not be
asked to change what they do from day to day. Rather, their
organizational structures will be refocused, consolidated and
reorganized so that they can better perform the function of protecting
the homeland.
Employees of the Transportation Security Administration will
continue to protect our nation's aviation system. U.S. Customs
officials will continue to inspect cargo, both for revenue and security
purposes. Immigration investigators and deportation officers will
continue to target work-place violations and detain and remove illegal
aliens. Animal and Plant Health Inspectors will continue to inspect
incoming shipments for disease-carrying agricultural products. The
Federal Law Enforcement Training Center will continue to train our
federal law enforcement officers. Border Patrol agents will continue to
prevent the unlawful entry of our country by illegal aliens, and the
Federal Protective Service will continue to protect our federal
buildings and courthouses. Although these employees carry out many
varied responsibilities, they will now go to work each morning with the
constant thought of ``what can I do today to protect America from those
who hate us and wish us harm?''
Mr. Chairman, I have always believed that the first duty of
government is to protect and defend its citizens. A great portion of
that responsibility falls on the new Department of Homeland Security.
It is a duty I acknowledge, it is a duty I embrace, and it is a duty I
fully dedicate myself to fulfilling. Should the Senate confirm my
nomination, I am confident that, with the able leadership of the
President, Governor Ridge and Secretary England, continued cooperation
and guidance from Congress and the support of the fine men and women
who will comprise this directorate, we will be able to provide greater
security and peace of mind to the American people.
Again, thank you for providing me the opportunity to appear before
you today. I would be delighted to answer your questions at this time.
______
A. BIOGRAPHICAL INFORMATION
1. Name: William Asa Hutchinson.
2. Position to which nominated: Under Secretary for Border and
Transportation Security, Department of Homeland Security.
3. Date of nomination: January 10, 2003.
4. Address: (Information not released to the public).
5. Date and place of birth: December 3, 1950 in Gravette, AR.
6. Marital status: married to the former Susan Burrell.
7. Names and ages of children: William Asa Hutchinson, III--born
August 30, 1975; Sarah Hutchinson Wengel--born April 11, 1977; John
Paul Hutchinson--born October 12, 1979; Young Seth Hutchinson--born
April 11, 1983.
8. Education: Springdale High School--diploma, awarded 1968; Bob
Jones University, B.S. Accounting, awarded 1972; University of
Arkansas--Fayetteville, J.D., awarded 1974.
9. Employment record: March 1975-June 1976--Attorney, Law Firm of
Jimm Hendren, Bentonville, AR; June 1976-February 1982--Principal, Asa
Hutchinson Law Firm, Bentonville, AR; February 1982-November 1985, U.S.
Attorney for the Western District of Arkansas, Rogers, AR; November
1985-December 1986, Candidate for U.S. Senate; December 1986-December
1996, Partner, Karr and Hutchinson, Ft. Smith, AR; January 1997-August
2001, Member of Congress, U.S. House of Representatives, Washington,
DC; August 2001-Present, Administrator, Drug Enforcement
Administration, Washington, DC.
10. Government experience: December 1982-November 1985, U.S.
Attorney for the Western District of Arkansas, Rogers, AR; January
1997-August 2001, Member of Congress, U.S. House of Representatives,
Washington, DC; August 2001-Present, Administrator, Drug Enforcement
Administration, Washington, DC.
11. Business relationships: None.
12. Memberships: Forth Smith Rotary Club, member, 1991-1996;
Arkansas Bar Association, member, 1990-Present; Sebastian County Bar
Association, member, 1990-1996; American Bar Association, member, 1990-
1996; Republican Party of Arkansas, Co-Chairman, Chairman, 1991-1995;
Pre-Natal Clinic of Eastside Baptist Church, board member, 1989-1991;
Int'l Association of Chiefs of Police, member, committee chair,
executive board member, 2001-Present; Association of Former Members of
Congress, member, 2002-Present.
13. Political affiliations and activities:
(a) List all offices with a political party which you have held or
any public office for which you have been a candidate.
January 1996-August 2001--Member of Congress, U.S. House of
Representatives;
1991-1995--Co-Chairman/Chairman, Republican Party of Arkansas;
1990--Republican Candidate for Attorney General of Arkansas;
1988--Chairman, Sebastian County, AR GOP;
November 1985-December 1986--Republican Candidate for Senate;
1979-1980--City Attorney, Bentonville, AR;
1979-1980--Chairman, Benton County, AR GOP;
1978--Republican Candidate for Prosecuting Attorney, Benton and
Carroll Counties, AR;
1976--Republican Candidate for Justice of the Peace.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years.
1993-1995--Member, Republican National Committee
1992--Delegate, Republican National Convention
1991-1995--Co-Chairman/Chairman, Republican Party of Arkansas
1988--Delegate, Republican National Convention
1979-1980--City Attorney, Bentonville, AR.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. None.
14. Honors and awards:
2002--Civic Star, presented by the Director General of the
Colombian National Police;
2002--Orden Al Merito Civil Libertador Simon Bolivar, presented
by Bolivian President;
1999--Honorary Degree, awarded by Bob Jones University,
Greenville, SC
1997--Paul Hams Fellow, designated by Rotary International.
15. Published writings: Attached is a list of articles, columns and
publications I have authored. In addition to these writings, I also
distributed a weekly electronic newsletter to over 7,000 constituents
while I was serving in Congress, and, as Administrator, I distributed a
bi-monthly internal newsletter to the employees of the Drug Enforcement
Administration.
Articles and Publications by Asa Hutchinson
``Congress Can Reform--Honest'' (with Rep. Tom Allen), Washington
Post, 4 August 1997.
``A Trial Without Evidence,'' New York Times, 31 December 1998.
``The Campaign Integrity Act--A Product of Bipartisanship,''
Northwest Arkansas Times, 21 May 1999.
``A Realistic Approach to Passing Campaign Finance Reform,'' Roll
Call, 31 May 1999.
``Let's Be Realistic,'' USA Today, 1 June 1999.
``Youth Violence Must Be Curbed,'' Roll Call, 21 June 1999.
``Did the Senate Trial Satisfy the Constitution and the Demands of
Justice?,'' Hofstra Law Review, Winter 1999.
``Racial Profiling Endangers Justice,'' Roll Call, 7 February 2000.
``Commission Would Encourage E-Commerce While Protecting Privacy,''
KPMG E-Commerce Update, May 2000.
``Eyewitnesses Under Attack,'' New York Times, 22 June 2000.
``Commission is First Step to Privacy'' (with Rep. Jim Moran), The
Hill, July 2000.
``Prescription Drug Coverage--Affordable, Flexible, Voluntary,''
Northwest Arkansas Times, 24 September 2000.
``Let's Establish a National Commission on Privacy,'' Oncology
Times, January 2001.
``Drug Treatment Needs Accountability,'' The Columbus Post-
Dispatch, 14 May 2002
``Punting on the Third Down'' (excerpts), The Executive Speaker,
July 2002
``Santa Cruz Drug Raid,'' New York Times, 28 September 2002
``Drug Legalization Doesn't Work,'' Washington Post, 9 October 2002
``Drugs Are To Help, Not Harm,'' USA Today, 14 November 2002
Domestic Monitor Program, 1999-2000 (with Steve Casteel), November
2002
Publications at DEA that went out under Mr. Hutchinson's name:
Ecstasy and Predatory Drugs, December 2002
Speaking Out Against Drug Legalization, November 2002
Public Affairs: A Strategic Communications Plan for the Field,
November 2002
Student Drug Testing: What You Should Know, October 2002
DEA World (hardcover edition), September 2001
DEA Update (external c-newsletter), September 18 and November 13,
2002
16. Speeches: In my various official capacities, I have delivered
over 1,000 speeches to various groups from virtually every civic club
in Arkansas to Republican groups to League of Women Voters to community
picnics to international conferences. Previous to my tenure as DEA
Administrator, I did not maintain a list of such speeches. I have
compiled and attached a partial list of speeches given in recent years
as well as a detailed list from my seventeen months at the DEA.
Speeches Delivered by Asa Hutchinson
January 1997-August 2001
136th Anniversary of the Battle of Pea Ridge
1999 Summer Congressional Intern Lecture Series
1st Baptist Church
7th Annual Spring Trade Expo-Hosted by AR Hospitality Assn.
AARP
AARP/VOTE Social Security Forum
Acxiom Luncheon/Roundtable Discussion
AG Edwards
Alltel ``Call to Protect''
Alma Chamber of Commerce
Alma Middle School
American Advertising Federation
American College of Trial Lawyers
American Consulting Engineers
American Criminal Law Review Debate
American Family Assn.
American Federation of Government Employees, AFL-CIO
American Heart Assn.
American Jewish Committee
American Legion and American Legion Auxiliary
American Legion Mid-Winter Conference
American Rental Assn.
American Society of Assn. Executives
American Studies Institute
American Teleservices Assn.
American Wood Preservers Institute
Andrews Air Force Base Retirement Ceremony
Anti-Defamation League
AR Area Agency on Aging
AR Assn. of Student Financial Aid Conference3
AR Associated Press Managing Editors
AR Electric Cooperatives, Inc.
AR History Day
AR Humanities Council
AR HVACR
AR Policy Council
AR Rural Electric Coops
AR State Dental Assn.
AR Women Prison Inmates
Arizona Caucus B'fast, RNC Nat'l Convention
Arkansans for a Drug Free Youth
AR Airport Operators Assn.
AR Assn, of United Way
AR Builders and Contractors State Convention
AR Cattlemen's Assn.
AR Chamber of Commerce
AR Chapter of American Institute of Architects
AR Credit Union League
AR Environmental Federation Annual Water Seminar
AR Head Start Assn Annual Training Conference
AR Hospital Assn.
AR Law Enforcement Training Academy
AR Municipal League
AR Osteopathic Assn.
AR Procurement Assistance Center
AR Professional Bailbond Licensing
AR Round table of Family Council
AR Rural Development Conference
AR School for Math and Sciences Commencement
AR State GOP Convention
Arkansas State University-Mountain Home
Army War College
Associated Equipment Distributors
Assn. of American Railroads
Barling Jr. Police Academy Graduation
Baxter County, AR Lincoln Day Dinner
Baxter Healthcare Arkansas Plan Managers
Della Vista Community Church Men's Group
Bella Vista Memorial Day Program
Bella Vista-Bentonville Assn, Homebuilders Assn.
Bellview Elementary School
Benton County Republican Women
Benton County Young Republicans
Bentonville Chamber of Commerce
Bentonville/Bella Vista Chamber of Commerce
Bevery Enterprises Open House
BIPAC Barometer B'fast
Blacks in Gov't Legislative Policy Conference
Bob Jones University Convocation
Boone County Lincoln Day Dinner
Boone County Veterans Day Program
Booneville Downtown Revitalization Committee
Boys & Girls Club of Paris, AR
Boys State
Brookings Institute
Bull Shoals Rotary
Bush Caucus Event
Butterfield Train Grounubreaking Ceremony
Candidate Introduction for Polk, Scott, Sevier and Montgomery
Co
Capitol Hill e-Gov't Seminar
Carlton Club
Casualty and Property Group of DC
Carroll County Lincoln Day Dinner
Catholic High School Foundation
Center for the Study of Taxation
Central AR Homeschool Debate Team
Chapel River Valley Christian School
Charles AR Chamber of Commerce
AR Farm Bureau Federation
AR Federation of Republican Women
Citizens Against Drugs Membership Drive Kick-Off
City Vision's Missions and Ministry Exposition
Civil Air Patrol
Coal Miners Memorial Dedication
Coalition Against Insurance Fraud
Code Adam Event
Colorado Bar Assn.
Concerned Women for America
Congressional Institute
Congressional Operations Seminar
Congressional Prayer B'fast
Conservative PAC Conference
County Judges Assn. of AR
Crawford County Lincoln Day Dinner
Dairy Compacts Seminar
Debate Students Forum
Dedication of FSM VA Outpatient Clinic
Deposit Guarantee of Ft. Smith
Digital Dialogue Forum
Disable American Veterans State Convention
Domestic Violence Forum
Du Page County, IL Lincoln Day Dinner
Elmdale Baptist Church
Empowerment Through Political Action Program
Energy Council and Interstate Oil and Gas Compact
Environmental Law Seminar of AR/OK Barr Assn.
Evangel Temple
FAITH Home Education Assn. Commencement
Faith-Based Initiatives Panel
Family Research Council
Farmington Christmas Tree Lighting Ceremony
Fayetteville Chamber of Commerce
Fayetteville Lyons Club
Fayetteville Rotary Club
Federal Executive Assn. of Northwest AR
First Southern Baptist Church
Former U.S. Attorneys
Fort Smith Adult Education
Fort Smith Chamber of Commerce
Fort Smith Downtown Kiwanis
Fort Smith Rotary Club
Fort Smith Volunteer of the Year Banquet
Franklin County Lincoln Day Dinner
French War Veterans Medal Awards Ceremony
Fulbright School of Public Affairs
Gardner Jr. High School
Gentry Community Drug Forum
Georgetown Law School
Christian Science Monitor
Cinco de May Events
Gravette High School Commencement
GWU College Republicans
Harding University Distinguished Lecture Series
Harris County Republican Party Fundraiser
Harrison Kiwanis
Harrison Lyons Club
Harrison Rotary Club
Harvard Law School
Harvard Law School Republicans
Heritage Baptist Church
Heritage Foundation
High School Students from Bill McCollum's District
Hugh OBrian Youth Leadership Seminar
Hutchinson Realty
Independent Bankers Assn.
INS Forum
INS Naturalization Ceremony
INS Office Opening
Int'l Mass Retail Assn.
Johnson County Lincoln Day Dinner
Junior Statesmen Foundation
Ladies Auxiliary Military Order of the Purple Heart
Lao Veterans Awards Ceremony
Lexington. KY Lincoln Day Dinner
Madison County Lincoln Day Dinner
Manufacturing Exec. Assn. of Western AR and Eastern OK
Martin Luther King Observance Breakfast
Masonic Lodge Spaghetti Supper
Memory Walk 1997
Millennium Days Concert (Trout Fishing in America)
MO Federation of Republican Woman Lincoln Day Dinner
Montgomery County Lincoln Day Dinner
Mountain Home Lincoln Day Dinner
Mountain Home Junior High School
Multicultural Center Recognition Luncheon
Nat'l Assn. of Retired Federal Employees
Nat'l Assn. of State Treasurers
Nat'l Chamber Foundation
Nat'l League of Postmasters
Nat'l Assn. of Asst. U.S. Attorneys
Nat'l Assn of Broadcasters Dinner
Nat'l Assn. of Professional Insurance Agents
Nat'l Commission on Federal Election Reform Panel
Nat'l Community Prosecution Conference
Nat'l Historic Site Dedication/Opening
Natl League of Cities
Nat'l Narcotic Officers' Assn. Coalition
Nat'l Press Club Forum
Global Privacy Summit
Grace Community Church Grand Opening
Graduate Student Assn. of UALR Panel
Grand Opening of Unity Adult Care Center
Noon Exchange Club of Fort Smith
North Arkansas Community Technical College
Northwest Academy Graduation
Northwest Arkansas Christian Home Educators Assn.
Northwest Arkansas Early Childhood Assn. Forum
Northwest Arkansas Human Resources Council
Northwest Arkansas Life Underwriters
Northwest Arkansas Regional Airport Dedication
NRCC Dine Around
NRCC Tax Reform Workshop
Oklahoma Republicans Convention
Opal Financial Group
Opening of Gravette Upper Elementary
Ouachita Baptist University
Owens, Illinois PAC
Ozark Rotary Club
Phi Theta Kappa
Pinehurst NC Lincoln Day Dinner
Pleasant Street Church of Christ
Political Animals of Little Rock
Polk County Republicans
Pope County Lincoln Day Dinner
Port City Optimists Club
Princeton Model Congress
Professional Insurance Agents
Promise Keepers
Prosecuting Attorney Conference
Quinnipeac Law School
Ramsey Jr. High
Regent University
Republican Men of Della Vista
Republican Women's Federal Forum
River Valley Christian School
RNC Youth Convention
Rogers Early Risers Rotary
Rogers Rotary Club
Rogers-Lowell Chamber of Commerce Banquet
Rolar President-Elect Training Conference
Russellville Lyons Club
Russellville Rotary Club
Sebastian County Bar Assn.
Sebastian County Lincoln Day Dinner
Seminar for Execs on Legislation
SERTOMA Club
Sevier County, TN Lincoln Day Dinner
Siloam Springs Chamber Banquet
Nat'l Stone Assn. Annual Conference
Nat'l Student Govt
Nat'l Student Leadership Forum
New Jersey Governor's Council Conference
Subiaco Academy Graduation
Sutton Elementary School
Teen Age Republicans
Society of Professional Journalists
Southern Baptist Convention Student Leadership
Southern Republican Leadership Conference
Springdale High School
Springdale Noon Lyons
Springdale Rotary
Date Site Event
2001 Speech Schedule
------------------------------------------------------------------------
Aug 1 Los Angeles, CA DARE Conference
Aug 6 Bellevue, WA Methamphetamine Summit
Aug 22 Chicago, IL DEA Regional Club Drug
Conference
Aug 23 Sacramento, CA HAPCOA
Aug 30 Denver, CO Operation Green Clover Press
Conference
Sep 5 Coeur d'Alene, ID Pacific OCDETF
Sep 10 Albuquerque, NM Intro & Debate w/Gov. Gary
Johnson
Sep 24 Sturbridge, MA New England HIDTA Heroin
Conference
Sep 26 St. Louis, MO Operation Serrano Press
Conference
Sep 28 Washington, DC National Foundation for Women
Legislators
Oct 5 Arlington, VA Intelligence Graduation #51
Oct 9 Washington, DC National Crime Prevention
Council
Oct 11 Arlington, VA Red Ribbon Rally
Oct 12 Youngstown, OH Drug Court Graduation
Ceremony
Oct 13 Washington, DC National Law Enforcement
Officers Memorial Fund
Oct 16 Arlington, VA Length-of-Service Ceremony
Oct 20 Ft. Lauderdale, FL AFFNA keynote
Oct 22 West Palm Beach, FL INEOA keynote
Oct 23 Washington, DC Shaw Jr. High Red Ribbon
Ceremony
Oct 27 Toronto, CAN IACP Major Cities Chiefs
Oct 29 Toronto, CAN IACP 1st General Assembly
Nov 7 Quantico, VA Harvard Leadership Strategy
Nov 14 Arlington, VA PIO Meeting
Nov 15 New Haven, CT Gov. Johnson Debate at Yale
Law School
Nov 19 Quantico, VA STAR Conference
Dec 1 Ft. Lauderdale, FL National District Attorneys
Assn.
Dec 3 Arlington, VA American University students
Dec 4 Arlington, VA Museum symposium on narco-
terrorism
Dec 6 Orlando, FL Florida Drug Czar Drug
Prevention Conference
Dec 6 Washington, DC National HIDTA Conference
Dec 7 Washington, DC Youth Leadership Council-
Young Leaders
Dec 17 Washington, DC Wright Brothers' 98th
Anniversary Celebration
------------------------------------------------------------------------
2002 Speech Schedule
------------------------------------------------------------------------
Jan 9 Fayetteville, AR Washington County Bar Assn
Jan 10 Arlington, VA Operation Mountain Express
III
Jan 17 Quantico, VA Graduation: BA-144
Jan 24 Reno, NV Juvenile and Family Drug
Court Training
Jan 29 Dallas, TX Tn-Regional OCDETF $
Laundering
Jan 31 Washington, DC Kingpin Press Conference
Feb 1 Arlington, VA Conservative PAC
Feb 12 San Francisco, CA Commonwealth Club of
California
Feb 25 Dover, DE Dedication of new office
Feb 26 Arlington, VA Black History Month
Feb 26 Washington, DC Working Group on
Prosecutorial Relations
Feb 27 New Orleans, LA Admin Officers Conference
Mar 2 Hollywood, FL National Comprehensive Cancer
Network
Mar 5 Santa Cruz, BO IDEC
Mar 13 Arlington, VA Videotape U of Arkansas
Mar 14 Baltimore, MD American Pain Society
Mar 14 Washington, DC Counterdrug Intelligence
Coordinating Gr.
Mar 15 Alexandria, VA IACP State &Provincial Police
Mar 18 Washington, DC National Foundation for Women
Legislators
Mar 18 Washington, DC FARC indictments press
conference
Mar 18 Rockville, MD Barnes & Noble Prescrip Drug
Event
Mar 19 Arlington, VA AG's Drug Strategy Press
Conference
Mar 20 Washington, DC Regent University grad
students
Mar 20 Washington, DC Meth legislation statement
Mar 22 Washington, DC State Attorneys General
meeting
Mar 22 Washington, DC Foreign Press briefing
Apr 2 Washington, DC Heritage Foundation
Apr 3 Orlando, FL Florida State-wide Drug Court
Training
Apr 5 Washington, DC Nat'l Narcotics Officers
Assoc Coalition
Apr 7 Nashville, TN SAC Conference
Apr 10 Houston, TX Rice University keynote
Apr 12 Arlington, VA Chemist Graduation
Apr 16 San Antonio, TX Texas Police Chiefs
Association
Apr 17 Arlington, VA EEO Mediation Training
Conference
Apr 19 Pittsburgh, PA Operation Family Store w/AG
Apr 20 Little Rock, AR Right to Life Dinner
Apr 22 Charleston, SC IDEA Drug Summit
Apr 23 New York, NY Fordham University Law School
Debate
Apr 25 Indianapolis, IN Indiana Meth Summit
Apr 26 Portland, OR Anti-drug rally at school
Apr 30 Washington, DC University of Cal students
Apr 30 Quantico, VA Drug Unit Commanders Academy
May 2 New York, NY AFFNA luncheon
May 2 Brooklyn, NY Graduation: Drug Treatment
Alt. To Prison
May 7 Alexandria, VA IACP NDDC Meeting
May 10 Columbus, OH Ohio Drug Court Professionals
May 13 Arlington, VA Southern Miss students
meeting
May 14 Queens, NY School-Based Drug & Alcohol
Conference
May 15 Washington, DC American Furniture
Manufacturers Assoc
May 15 Denver, CO ASAC Conference
May 16 Gatlinburg, TN Gatlinburg Law Enforcement
Conf
May 17 Arlington, VA DEA Memorial Day Service
May 17 Quantico, VA BA 145 Graduation
May 21 Savannah, GA MET Conference
May 22 Arlington, VA Hunter College High School
students
May 22 Arlington, VA Asian Pacific American Month
May 23 Arlington, VA NFWL National Press
Conference
May 24 Arlington, VA Deputy Swearing-In Ceremony
May 30 Little Rock, AR Arkansas Meth Summit
May 31 Blue Springs, MO Missouri students and
teachers
June 5 Louisville, KY Meth and OxyContin Summit
June 5 Lexington, KY Fayette Drug Court
June 7 Quantico, VA DUCA school
June 11 Sun Valley, ID Major Cities Chiefs Annual
Conference
June 11 Washington, DC Bolivian Law Enforcement
Honors AH
June 13 Washington, DC Nat'l Assoc of Drug Court
Professionals
June 16 London, GB John Jay College keynote
speaker
June 25 Tulsa, OK National Sheriffs Association
June 26 Washington, DC AG's Summer Intern Lecture
Series
June 26 Washington, DC CYLC
June 26 Alexandria, VA DEA Security Programs
Conference
June 27 New Orleans, LA Demand Reduction Conference
July 4 Alexandria, VA Leadership Institute
July 8 Flagstaff, AZ LE Exploring Conference
July 10 Hollywood, CA Entertainment Industries
July 11 Reno, NV National Elks 2002 Convention
July 12 Arlington, VA National Teenage Republicans
July 15 Detroit, MI NABNA
July 16 Washington, DC Junior Statesmen Foundation
July 16 Washington, DC PRISM awards
July 17 Allentown, PA IDEA Drug Summit
July 18 Little Rock, AR American Academy of Family
Physicians
July 18 Ft. Worth, TX Nati. Meth Chemicals
Initiative
July 19 Bentonville, AR Wal-Mart Opening Schedule II
Pharms
July 22 Tampa, FL NOBLE Conference
July 24 Naperville, IL NDEOA Conference
July 25 Oklahoma City, OK Oklahoma Meth Summit
July 29 Portsmouth, VA IDEA Summit
July 30 Washington, DC OCDETF National Conference
July 30 Arlington, VA CFC Awards Ceremony
July 30 Los Angeles, CA Orange County Meth Conference
Aug 7 Arlington, VA U of Ark Social Work
Videotaping
Aug 11 Pentagon City, VA VA Assoc of Chiefs of Police
Aug 14 Washington, DC Faith and Community-Based
Orgs
Aug 14 Washington, DC Washington Rotary Club
Aug 15 Arlington, VA Young Entrepreneurs'
Organization
Aug 15 Washington, DC Women in Fed Law Enforcement
Aug 27 Honolulu, HI Hawaii Meth Summit
Aug 28 Los Angeles, CA Compton Drug Court Grad
Sep 3 Arlington, VA Narco-Terror Exhibit
Sep 5 Chicago, IL PDFA speak at luncheon
Sep 6 Arlington, VA Taped message for Tallahassee
event
Sep 6 Arlington, VA Assoc. of Former US Attorneys
Sep 12 Washington, DC Cong'l Black Caucus Drug
Forum
Sep 13 Madison, WI Dane County Drug Court
Sep 13 Madison, WI Wisconsin Committee Meeting
Sep 16 Waco, TX Baylor University Lecture
Sep 18 Sioux City, IA Multi-State Meth Summit
Sep 19 Arlington, VA Operation Webslinger Press
Conference
Sep 20 Quantico, VA BIRS Graduation
Sep 20 Arlington, VA DEA Awards Ceremony
Sep 21 Washington, DC Pain Physicians
Sep 23 Gainesville, VA Open Meredith Thompson golf
tourn
Sep 24 Washington, DC Carlos Castano Indictment
Sept 25 Ft. Collins, CO Rocky Mountain Club Drugs
conf
Sep 26 Syracuse. NY Syracuse University College
of Law
Sep 30 New York, NY US Attorneys National
Conference
Oct 1 Milwaukee, WI Wisconsin Meth/club drugs
Summit
Oct 2 Columbus, OH AG's law enforcement
conference
Oct 2 Columbus, OH Dublin High School students
Oct 3 Arlington, VA INEOA taping
Oct 7 Minneapolis, MN IACP Annual Conference
Oct 14 Greenbrier, WV Sthn Newspaper Annual
Convention
Oct 15 Little Rock, AR Rotary Club of Little Rock
Oct 15 Fayetteville, AR Fayetteville Drug Court
Oct 16 Arlington, VA Red Ribbon
Oct 17 Wichita, KS Wichita Crime Commission
Oct 21 Pensacola, FL Red Ribbon w/Gov Bush
Oct 22 Tallahassee, FL Tallahassee Town Hall
Oct 28 Morristown, NJ Drug Summit
Oct 28 Rockaway, NJ Morris Knolls High School
Oct 30 New York, NY NYU Law School
Oct 30 New York, NY NY Special Prosecutors Office
Oct 30 New York, NY Hispanic Heritage, NY
Division
Nov 1 Arlington, VA CFC Kick-off
Nov 4 Marietta, GA Cobb County Chamber of
Commerce
Nov 5 Arlington, VA DRC Training
Nov 6 Washington, DC AUC arrests news conference
Nov 7 Cambridge, MA Harvard University
Nov 7 Boston, MA High School students
Nov 12 Chicago, IL Federalist Society U of
Chicago
Nov 13 Washington, DC FARC indictments
Nov 14 Washington, DC Bensinger Dupont Associates
Nov 15 Quantico, VA BA 147 Graduation
Nov 18 Springfield, MO SW Missouri State University
Nov 18 Springfield, MO Springfield IDEA Summit
Nov 20 Arlington, VA Length of Service Ceremony
Nov 22 San Diego, CA NFWL Annual Meeting
Nov 22 San Diego, CA Operation X-Out Press
Conference
Nov 22 San Diego, CA Town Hall Ecstasy/Predatory
Drugs
Dec 2 Washington, DC Advisory Cmte of US Attorneys
Dec 3 Charlotte, NC Natl Assoc Drug Diversion mv.
Conference
Dec 10 Washington, DC Buprenorphine Press
Conference
Dec 11 Mobile, AL IDEA Summit
Dec 12 Washington, DC HIDTA
Dec 12 Washington, DC Nat'l Air Transport
Association
Dec 19 Quantico, VA BA 148 Graduation
------------------------------------------------------------------------
2003 Speeches
------------------------------------------------------------------------
Jan 9 Washington, DC Republican Women's Forum
Jan 14 Baltimore, MD Heritage Foundation New
Members Retreat
Jan 17 Quantico, VA BA 149 Graduation
17. Selection:
(a) Do you know why you were chosen for this nomination by the
President? While I could not specifically outline the President's
reasoning for this appointment, I do believe my broad experience in law
enforcement and interagency cooperation and my service in Congress are
important factors that he likely considered.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment? While
serving as U.S. Attorney, I worked on immigration, border and
enforcement policy by virtue of my work on the Attorney General's
Subcommittee on Immigration. I also worked with U.S. Customs, Border
Patrol, INS enforcement and other federal law enforcement agencies.
When elected to Congress, I served on the Select Committee on
Intelligence, the Crime Subcommittee of the House Committee on the
Judiciary and the House Transportation and Infrastructure Committee. In
these committees, I exercised oversight responsibility on many federal
law enforcement agencies, intelligence communities and the
transportation sector. Finally, as Administrator of the Drug
Enforcement Administration (DEA), I oversaw drug enforcement operations
along the U.S. borders. The DEA works extensively with other federal
agencies along with state and local law enforcement. This interagency
experience is critical as Homeland Security is created and the
participating agencies are adopted.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? Yes.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. None, except I have a joint promissory note to
First National Bank of Ft. Smith, Arkansas with my former law partner.
The note was a business loan, and the current balance for my share is
$12,750.
2. Indicate any investments, obligations, liabilities, or other
relationships, which could involve potential conflicts of interest in
the position to which you have been nominated. None.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated? None.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat or modification of any legislation or affecting the
administration and execution of law or public. I have served as a
Member of Congress, Administrator of the DEA and previously as Chairman
of the Republican Party of Arkansas, and in each of these positions I
commented and worked on legislation.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. I will obtain opinions and direction from the Office of
Government Ethics. In addition, I will evaluate the potential from my
own base of experience and ethics.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? Yes. KBCV Radio, owned by Rocky Haven
Investments, was the subject of administrative proceedings before the
Federal Communication Commission. This was in 1982, and I was principal
owner.
In addition, there was civil litigation involving the bankruptcy of
the ultimate purchase of the station in the 1990 time frame.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes, to the
best of my ability.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes, to the best of my ability.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress. I
will endeavor to learn from Senate and House Members and staff the
intent of Congress as well as review the legislative record. Any
proposed regulations arising from Border and Transportation Security
(BTS) agencies would be reviewed by the policy office of BTS to assure
compliance with the intent of relevant legislation.
5. Describe your department/agency's current mission, major
programs, and major operational objectives. As a new agency, the
Directorate of Border and Transportation Security will carry out its
mission based upon the mandate of its authorizing legislation and that
of the agencies of which it is comprised. The mission is to protect our
borders and transportation systems without unnecessarily impeding the
flow of lawful commerce.
6. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualifies you for the position for which you have been nominated? My
experience in the following areas will be helpful in my
responsibilities at Homeland Security.
(a) U.S. Attorney--I worked closely with all of the federal law
enforcement agencies that will be a part of the Border and
Transportation Directorate. From U.S. Customs to INS to Federal
Protective Service, I became knowledgeable about each agency's
priorities, administrative structure and areas of overlapping
jurisdiction.
(b) Member of Congress--I served on the Judiciary Committee and was
active on the Crime Subcommittee. I gained an understanding of border
security, immigration issues and federal law enforcement. As a member
of the Select Committee on Intelligence, I saw first-hand the work of
our intelligence agencies. As a member of the Transportation and
Infrastructure Committee, I exercised oversight of all our
transportation systems and the important work of the U.S. Coast Guard.
In addition, I traveled periodically, which allowed me to engage
our foreign counterparts on trade, immigration and security issues.
(c) Administrator of the DEA--In this capacity I have worked with
law enforcement agencies from the state and local level to the
principal federal and international enforcement organizations. I have
traveled to Mexico, examined the borders, transportation systems and
ports. I have worked on international partnerships to further drug
enforcement and security objectives.
The interagency task forces such JIATF East and West have DEA
participation, and the model of cooperation from the task forces is an
example of what can be accomplished at Homeland Security through that
type of cooperation and integration of various agencies.
All of these professional experiences will be important to my new
responsibilities at the Department of Homeland Security.
2. Why do you wish to serve in the position for which you have been
nominated? I wish to serve in this new department because it will help
ensure that America is more secure. Public service is about challenge
and responsibility. Whoever holds this position at the Department of
Homeland Security will confront enormous obstacles, but the opportunity
to protect the United States is sufficient reason to accept the
assignment.
3. What goals have you established for your first two years in this
position, if confirmed. My goals are really set forth in the
legislation, which are to protect the borders and transportation
systems from terrorist attack while, at the same time, ensuring the
orderly flow of legitimate commerce. In addition, I will work with
Governor Ridge and my colleagues to develop specific and measurable
goals for the BTS Directorate. From a personal standpoint, I would
hope:
a.) To bring the incorporated agencies on board at the
Department of Homeland Security in an orderly and well-managed
fashion.
b.) To accomplish significant reorganization of the Border and
Transportation Security agencies with appropriate approval and
oversight by the United States Congress.
c.) To work with the Homeland Security Intelligence Analysis
and Infrastructure Protection directorate to enhance the human
intelligence gathering and sharing within the Border and
Transportation Security agencies.
d.) To bring together the inspection functions at the port of
entries within a unified chain of command structure. The result
being a more secure border.
e.) To improve the technology used on the border and in the
transportation systems to enhance the flow of commerce while
detecting and detaining unlawful cargo.
f.) To develop visa issuance regulations, training and staffing
to reduce the abuse of our visa program by those wishing to
harm America.
g.) To communicate effectively with Congress and the American
public on the operations of the Border and Transportation
Security agencies and our ongoing efforts to fulfill the
mandates of Congress.
h.) To reduce the problem areas of INS enforcement. This would
include making necessary adjustments to enforcement priorities,
and improving management oversight and information technology.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? I don't know that I lack any skills that
are necessary, but I do need to enhance my expertise in specific areas,
including the revenue and trade aspects of U.S. Customs, immigration
policies and specific threats from chemical, biological weapons. I am
taking steps to increase the knowledge base in these areas by briefings
and meetings with experts. In addition, I intend to be in the field as
often as possible to personally observe operations.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary. My
view on the role of government is that it should be a limited one. The
role of government should be limited to circumstances in which the
citizens collectively agree that a service is first, necessary; and
second, can be best performed by the state rather than the private
sector. The clearest examples are defense, national security, policy
functions and homeland security. Other examples include health and
safety inspections, transportation systems and social safety net
programs such as unemployment assistance, social security and Medicaid.
The private sector should be the first responders for most of
society's problems. For example, voluntary and charitable organizations
can effectively meet many needs of society. The government should be a
remedy that is utilized when the private sector is unable or unwilling
to take on a particular problem of society.
Determining when a government program is no longer necessary should
be a matter of periodic and regular review. It may be that the
circumstances have changed, and the private sector is able or willing
to meet a need, or it could be that a need no longer exists. The
government may also be incapable of meeting an existing need because of
its inherent insufficiencies. An example could be concern that
adolescents do not get sufficient exercise--the government is not
likely the correct institution to address that problem.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. Since this
is a new department, the current mission is defined by the authorizing
legislation. It is to coordinate the functions of the participating
agencies. The major programs and operational objectives are reflected
in the operations of the BTS agencies.
The major mission of the Transportation Security Administration is
to protect the transportation systems of our nation. U.S. Customs is to
inspect cargo coming in the United States, both for revenue and
security purposes. As part of the mission, Customs is currently engaged
in counter-drug enforcement, money laundering investigations and other
contraband-type cases. Immigration and Naturalization Service
enforcement efforts range from immigration fraud investigations to
work-place violations to removal enforcement efforts. The inspection
services of INS are focused on people entering the United States in
contrast to cargo. Animal and Plant Health Inspection Service inspects
for disease-carrying agricultural products. The Federal Law Enforcement
Training Center is responsible for coordinating the training of our
federal law enforcement officers, ranging from Customs to Border Patrol
agents. The Federal Protective Service is responsible for the security
of our federal buildings and courthouses.
The objective of the Border and Transportation Security directorate
is to coordinate these functions to more effectively protect America.
7. In reference to question number six, what forces are likely to
result in changes to the mission of this agency over the coming five
years. The primary mission of BTS is unlikely to change. However, BTS
must adjust its strategy and allocation of resources to counter
emerging security threats. BTS will have to be flexible and adopt new
strategies and approaches as those who would threaten American security
change their tactics and adopt new approaches.
8. In further reference to question number six, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
department/agency and why? The primary outside force would probably be
the speed with which our enemies can adopt new tactics. The top three
challenges BTS faces are integrating and streamlining its components,
maintaining the quality of the existing work of its components during
the transition, and putting systems and procedures in place flexible
enough to meet new threats.
9. In further reference to question number six, what factors in
your opinion have kept the department/agency from achieving its
missions over the past several years? BTS has not existed in its
current form prior to enactment of the Homeland Security Act. However,
some of the factors affecting the performance of its individual
components in the Homeland Security arena, including TSA, INS, Border
Patrol, US Customs, APHIS and Federal Protective Service, include the
absence of a homeland-focused mission, inadequate information sharing,
and redundant duties.
10. Who are the stakeholders in the work of this agency? Congress;
employees of the BTS agencies and labor organizations representing
those employees; federal, state, county, and local government entities;
state and local community groups and law enforcement agencies;
immigrant advocacy groups; cargo container shippers; air freight
integrators and forwarders; commercial and general aviation air
carriers; airports; port and transit operators; rail and bus companies;
the federal judiciary and tenants of federal buildings; distributors
and retailers of goods; travelers.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question number ten?
Communicating and consulting on a regular basis with these stakeholders
for their ideas as BTS components implement existing policies and
develop new policies.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector.
(a) What do you believe are your responsibilities, if confirmed, to
ensure that your agency has proper management and accounting controls?
Although the legislation creating DHS specifically vests the
Undersecretary for Management with specific responsibility for the
budget, appropriations, expenditures of funds, accounting and finance
for the Department, I would work very closely with the Under Secretary
to develop the budget submission, performance measures and
accountability structures for BTS. My goal would be to ensure that
program offices within BTS agencies are managing their funds
appropriately and making wise use of taxpayer dollars, and I would
engage in regular review of agency expenditures in order to ensure that
that goal is being met.
(b) What experience do you have in managing a large organization? I
have been Administrator of the Drug Enforcement Administration for the
last 18 months, an organization with nearly 10,000 employees, a budget
of nearly $1.7 Billion, and offices throughout the entire United States
and in 57 countries.
13. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals.
(a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. Identifying and reporting on BTS agency progress
will serve a few very worthwhile functions. First, it would require
that I take regular ``temperature checks'' to make sure that agencies
within BTS jurisdiction are, in fact, doing the work they are charged
with, and doing so in an efficient and effective fashion. Should any
deficiencies be identified in this process, the reporting requirement
would afford the affected agency the opportunity to take corrective
action before a small problem becomes a large one. Second, regular
reporting would assist Congressional committees of jurisdiction in
performing their oversight functions, enabling those committees to
better understand the operations of each agency within BTS, and take
appropriate action--be it through oversight hearings, meetings, or
legislation--to assist BTS in correcting any deficiencies found.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs? Congress should seek to determine why the agency
failed to meet any of its goals, particularly whether or not any
factors outside the agency's control contributed to the failure, taking
appropriate corrective action in response. That action could include
working with agency officials in a cooperative fashion to identify
internal solutions to more minor failures, or legislatively shifting
priorities or resource allocations. Steps could also include
eliminating, streamlining activities, privatizing or consolidating
problem departments or programs.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed? I believe that effective
integration of BTS agencies, improved security at our borders and in
our nation's transportation systems, and improved information sharing
and operational response to threats should be the goals applicable to
my personal performance.
14. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? My philosophy centers
on setting goals, providing encouragement and guidance as employees
strive to meet those goals, measuring achievement and rewarding good
performance.
In my official capacity at DEA, three employee complaints have been
filed. These involve transfers of supervisory personnel in two
instances. The third was the transfer of a clerical position, and it
has been resolved without formal action.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. I am a former Member of Congress,
and I served on the House Judiciary, Transportation & Infrastructure,
Select Intelligence, Veterans Affairs and Government Reform Committees.
As Administrator of the Drug Enforcement Administration, I have worked
closely with Members and Senators on Committees of jurisdiction over
the agency to develop both authorizing and appropriations legislation.
Furthermore, I have met frequently with individual Members, Senators,
Committees and professional staff to provide briefings on issues of
interest to them, provided hearing testimony, and participated in
various activities and events around the country with individual
Members and Senators. My working relationship with Congress is
excellent.
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.The Inspector General (IG) is independently appointed
and confirmed to provide independent oversight of the various entities
within the Department. Should I be confirmed, I would consult regularly
and work cooperatively with the IG to ensure that open lines of
communication exist between our offices, and that he or she has access
to any and all information necessary and appropriate to carry out the
his or her oversight functions.
17. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. Should I
be confirmed, I would maintain open lines of communication with
Committee members and staff and consult regularly with them to learn
what the intent of Congress was in drafting pertinent sections of law.
From there, I would seek to ensure that all regulations being developed
or implemented by BTS are consistent with that intent. I would consult
regularly with stakeholders to gather their ideas and input on how any
proposed regulations would affect them, and submit all appropriate
regulations developed by BTS to the standard notice and public comment
procedures.
18. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
state your personal views. Congress crafted rather comprehensive
legislation creating the Department of Homeland Security only three
months ago. For that reason, I believe it would be prudent to allow the
agency and its components to get operations up and running long enough
to see how well things work before any additional legislation is
contemplated. At the same time, it may become clear in the near future
that technical or even more significant changes to the law are
necessary to improve the agency. Should I be confirmed, I will be glad
to work with Congress, the Secretary and the White House to develop and
enact those changes.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a time frame for their
implementation. The National Strategy for Homeland Security aligns the
resources of the Federal Government to directly support the new
clarified lines of responsibility and accountability. Should I be
confirmed by the Senate, I will look to the President's Strategy to
ensure that we are following the goals set forth in that document.
Additionally, I believe that a review of all discretionary programs
within BTS is necessary to see if they fall in line with this standard.
In instances where they do not, or there are mandated programs not yet
in place, I would direct the appropriate BTS agency to take necessary
steps to change its procedures or develop and implement new programs
(including set criteria and an open participation process) by any
Congressionally-mandated deadlines. In order to ensure accountability,
I would insist upon regular status updates from the affected agency and
would provide guidance and direction to the agency as necessary.
The Chairman. Thank you very much.
Since we do have a vote fairly soon, I will try to make my
questions very brief so that--to try to make sure that all of
my colleagues have a chance to ask questions before the vote;
although, certainly if they spill over, we can come back after
the vote, but sometimes at that hour, returnees are not as
frequent as earlier in the day.
Let us talk about the border just for a second. We have
this horrific problem, which--as Senator Lautenberg, said, it's
on all of our borders. It happens to be worse, at the moment,
in Arizona, because California squeezed and, as Senator
Hutchinson and I and you were discussing, Texas squeezed, and
so they funneled up--the flow of illegal immigrants and drugs
funneled up through the State of Arizona. I am sure that if we
clamped down in Arizona, then they would probably try to find
some other method.
Just give me some general overall views as to what you
think needs to be done. And in that answer, if you would
discuss this issue of the use of military, which, as some
people believe, is the answer to the problem. I have serious
doubts about whether that is, because military personnel are
not trained for that kind of work. But I do believe, and I am
interested in your views, that some of the equipment that is
available to the military--whether it be satellite, or whether
it be drones, or other equipment that perhaps we could make use
of in order to better surveil and secure our borders.
Mr. Hutchinson. Thank you, Mr. Chairman.
And first, in reference to the military, I share your
concerns. I do not believe that we need to militarize the
border. It is a law-enforcement function. And you are
absolutely correct that the role that they play is a support
function to those engaged in law enforcement, and they are, day
by day, doing the civilian work of protecting the border. At
any point that we have a more serious attack, the military is
there to support and protect America.
I hope that my votes in Congress have reflected the view
that military has a support responsibility. The National Guard
has played an important role from time to time.
The Chairman. They are on the border as we speak, the Guard
is.
Mr. Hutchinson. They plan an essential role. But, generally
speaking, I would be--I think it is a law-enforcement function
that needs to be carried out at the border.
Now, first of all, Senator McCain, I agree with the
comments that you made in your opening statement. I recall my
first visit to the border in 1982 when I was United States
Attorney. It was in San Diego, and it was a very open border
then. They have built fences, they have built protective
barriers and surveillance equipment. It has squeezed it more to
Arizona, as you have indicated. As--in the DEA, I have been
down to Nogales. I have seen the border there, the tunnels
there, the openness of that arena. I look forward to going back
with you.
I believe that we have to rely very importantly on
intelligence. That is an important part of the equation, in
terms of the people that would come across in a harmful
fashion. So we need to gather intelligence, share intelligence,
in a better way for specific threats.
Second, technology is essential. I am delighted that in
Homeland Security, we have a directorate of science and
technology, which, in the private sector, would be comparable
to a research and development shop. And so that as we see needs
on the border, we can assign them the task, working with
private enterprise, private research facilities, to look at
technology responses to our problems on the border.
And then it is a matter of allocation of resources.
Obviously, Congress has a lot to say about the resources that
we have. But with the resources I have, we want to allocate
them very appropriately--going toward the threat, making sure
there is a balance--that the northern border, as has been
indicated, and with the southern border, both are a threat, and
both have to be reinforced with adequate resources.
Finally, you mentioned the homeland defense groups, and I
will just say that the information from citizens is very
important, but I hope that they will always allow the law
enforcement to do their role and to take the risk upon the law
enforcement side, because it is very dangerous work on the
border.
The Chairman. I have a number of other questions, but I
will not pose them at this time.
Senator Rockefeller?
Senator Rockefeller. I am going to try and do three real
quick ones to satisfy my Chairman.
It is extraordinary, in the world of intelligence, how good
we are at collecting, and how poor we are at analyzing and then
disseminating, otherwise called ``sharing.'' And all kinds of
speeches are given, and yet turf always needs to be protected.
And we have come to a point in our Nation's life where that is
no longer acceptable, and you understand that very well.
We created, in the TSA, the Transportation Security
Oversight Board, and so the whole question of monitoring of
intelligence becomes very much a part of our job and of your
job. And incidentally, in terms of our job, as well as the
Administration's job, to fund what it is that you have to do.
It is good for all of us to talk about what you need to do, but
if the Administration does not fund it or we do not fund it,
then we become hypocritical in what it is that we say.
We have already confirmed Governor Ridge, so I need to
assume that you have sat down with him since that point and
have discussed a bit the question of intelligence and the
question of collecting and, most importantly, of sharing
intelligence within these various agencies and within the
various agencies which you will oversee. Otherwise, it means
nothing.
You do not need to answer that, but will you be willing to
come to the Intelligence Committee or to this Committee, on an
unclassified basis, to discuss these matters?
Mr. Hutchinson. Certainly, Senator Rockefeller, I would be
delighted to do so. Within the Department of Homeland Security,
there will be a directorate for information analysis, the
intelligence side of things. And it will be very important, as
you pointed out, for the agencies within my directorate to have
a close relationship with them, to make sure we have the
information that they receive, that they analyze.
But, in addition, it is important that that information is
provided to those who have a need to receive the information on
a State and local basis. The dissemination of it is very
important. And Congress wisely provided a director of State and
Local Coordination that reports to the Secretary directly that
will make sure that there is a good flow of communication to
our State and local counterparts.
I think human intelligence is very important. And so I hope
that, while the intelligence goes into the directorate of
intelligence analysts from the CIA and the FBI, that the
agencies within my directorate will be able to be a good
collector of human intelligence, particularly on the border,
and I hope that that will be helpful to carrying out our
mission.
Senator Rockefeller. Well, we have five centers now for the
collection and analysis, distribution of intelligence, if you
include the Under Secretary of Defense. And it is going to be
quite a challenge. We have not done it well in the past. It is
going to be more difficult in the future. I am delighted to
hear you will do it or you will send somebody who will do it.
Second, small-airport security is tremendously important.
9/11 started through small airports, and those of us who live,
as do you, in rural States need to know that there will be a
commitment, not just to seeing the magnificent results that we
do with the Pittsburghs and other larger arenas, that you are
on track and conscious of security for our smaller airports
around the country.
Mr. Hutchinson. We shared many stories of the commonality
between West Virginia and Arkansas, both small, rural States,
and I share that concern. TSA, under Admiral Loy, has
concentrated on commercial airports, both small and large, but
whenever you are looking at a potential weapon, that could come
from a small airport as well as it could from a metropolitan
airport, so there has to be an emphasis across the board.
Clearly, this is a burden on many of the small airports,
from a financial standpoint, and that is a burden that has to
be shared, but we are mindful of the threats that can come and
the risks and the vulnerabilities that are shared by airports
of all sizes. And I know that TSA has concentrated on that, and
I will, as well.
Senator Rockefeller. I think the TSA has done a superb job,
and I need to say that.
Senator Cantwell brought up the extremely important matter
of biometrics. Our country is not yet familiar with biometrics
and what its implications are, both for the security and the
identification, and, from that security, leading to greater
security through knowledge of who is and is not in this
country, and who is and who might not be dangerous. That has to
be done instantaneously when we develop a full real-time system
of checking people in at airports. And it has got to happen a
lot of other places. It also, of course, is something that
would appear, on the surface, to violate people's personal
rights, even as they are doing the same thing at ATMs, but they
do not make the connection. So it can scare people a bit.
I am a strong believer in biometrics, and I would hope that
you would not only encourage that technology and that use which
is still to be even further developed, but that you will then
be able to share that with all agencies within your
jurisdiction and outside of your jurisdiction. Because that,
again, sharing biometrics is sharing intelligence.
Mr. Hutchinson. You are absolutely correct, Senator.
Congress has given us some very significant deadlines, in terms
of developing the biometric standards as a part of the entry-
exit system so that we know not only people who are coming into
the country under visas, but who are leaving--when they are
leaving. And that we have a standard of biometrics that we can
identify those people, and we can check their records more
closely to make sure that people with inappropriate backgrounds
do not come in this country who wish to harm us.
Privacy is a concern. I think there are two things that are
important. One of them is that we bring along our international
partners, because the United States does not want to stand
isolated in having one standard. And I think our international
counterparts understand the importance of a biometric standard
for entering people and exiting people from a country. So we
look to work on an international basis to accomplish this goal.
And then second, it is about educating the American public
and assuring them that their privacy concerns will be met. I am
pleased that in the department, there will be a chief privacy
officer. And I think we will readily and regularly be asking
for opinions and evaluations from that arena to make sure that
America's privacy concerns are met.
Senator Rockefeller. Thank you, sir. I look forward to
voting for you.
Thank you, Mr. Chairman.
The Chairman. Senator Cantwell?
Senator Cantwell. Thank you, Mr. Chairman.
I will come back to that, actually, because it is an
important topic, and my office has been involved with that as
it relates to the Patriot Act, and I think you are right on
target as it relates to getting international cooperation.
The point that you were bringing up largely on technology
and implementing technology, we have run into a particular
problem as it relates to the northern border, in that we have
so much territory that the unstaffed areas have been a
challenge. And obviously, technology has been used with cameras
to track that. Unfortunately, the technology that has been
deployed was really much more scaled toward desert terrain. And
I think as people have deployed them in the rainy Northwest, in
the forest areas, they have found out that they do not work as
well. In fact, we have had an investigation reveal that much of
the time they are water-logged, that there is not an adequate
power supply, that the software does not work, that the cameras
are not really tracking the information.
So how will you go about evaluating those technology tools
and making sure that the demonstration projects really are on
track and, if they are not on track, that we look at different
ways to supply the resources?
Mr. Hutchinson. Well, first of all, I think it is very
important to be out in the field. And people who have followed
me at the DEA know that I like to be out, I like to see it
firsthand. I have already had the occasion to go--a limited
visit on a northern border in the Detroit area. But it was
enough to recognize that the northern border is a little bit
different from the southern border, or the southwestern border,
as you pointed out. And we--so we need to be in the field.
Second, we need to make sure the technology recognizes the
distinctions and the differences. Again, the science and
technology directorate of Homeland Security was very
instrumental in evaluating the new technology and its
application, working out the bugs that you mentioned.
The northern border has always been an open border, and we
are moving into an area now that we recognize that there are
threats. It is very important to work with our Canadian
partners so that, as we move technologically, it is not--it can
be harmonized with what our Canadian partners are doing, as
well.
So I look forward to working with you on those issues and
the unique concerns that you have from Washington State.
Senator Cantwell. We will get you that specific case that
has gotten a lot of attention in the Northwest and, obviously,
generates a lot of concern of citizens. So thank you for that.
The second issue is staffing. Can we see a continued
advocacy on an increase in northern border staffing, and not a
reduction?
Mr. Hutchinson. Yes. I do not see any change in that. The
information I have is that the threats and concerns along the
northern border are significant and that we need to maintain
our staffing commitment there. There has been an increase in
resources that has been provided by Congress for our Border
Patrol, Customs agents along the northern border. And I do not
expect that to be diminished.
Senator Cantwell. And how about an increase? Because the
authorization will allow for that.
Mr. Hutchinson. I certainly believe that there is
justification for additional resources. It is--so it would be a
matter of working with Commissioner Bonner, working with the
different agencies to see where the greatest needs are.
I think it is important, when we look at this new
department, that we first effectively organize and recognize
that that is a very important part of our protection, and
accomplish the efficiencies there, and then we make decisions
on where and what resources are needed to be applied.
Senator Cantwell. Well, I think the technology and staffing
issues go hand-in-hand. If the technology we deploy is not as
effective or we cannot get effective technology for those
porous areas of huge, vast amounts of land, then we need to
look at other solutions. So the staffing thing becomes very
critical. I would appreciate your looking into that.
And then back to this issue that my colleague, Senator
Rockefeller, raised or expounded on. We have had a lot of
debate in Washington State, obviously a variety of people of
interest to the FBI, but also a lot of concern about the
deportation, and I just am interested in this entry-exit system
and the special registration of Arab males. Do you support
that? Do you think that is the most logical way for us to
proceed?
Mr. Hutchinson. Well, as part of the entry-exit system, I
think that it is--the first step is reasonably to ask for the
identification of those individuals that would come from
countries of concern, a particular risk where we know that Al
Qaeda operates. And so I think it is an appropriate step.
Obviously, as we go through this process, it is very important
to make sure that we educate and inform so that there is not a
sense in the Arab-American community that they are being
targeted.
I was speaking on a television station that is directed
toward the Arab-American market, and tried to assure them that
this is simply a method of identifying those people that might
be of concern and that we want to continue to give the
assurance that it is not targeting a particular population or
racial background. It is just simply those who will come into
this country, our foreign visitors, of countries of concern.
Senator Cantwell. I see my time has expired, but I am
concerned about the discriminatory nature of that. But I think
if you can work on that oversight you have of a visas--a
biometric standard, working with foreign countries, so that you
know who people are--because we are going to continue to have
millions of people who enter and then overstay. But if we
really know who people are and we have cooperation from foreign
governments, it is going to make our job easier.
Thank you, Mr. Chairman.
The Chairman. Senator Hutchison?
Senator Hutchison. Thank you, Mr. Chairman.
Air cargo security. Senator Feinstein and I asked for a GAO
report to give us the status of air cargo security, and we
found that there were a number of holes. As people stand in
long lines to get in an airplane and they take off their shoes
and everything they can think of that might make the machine go
off, we have not looked at the belly of the airplane nearly as
carefully. We are now checking most of the checked bags that go
in the belly, but cargo is another area.
Airlines want to start carrying mail again, and I think it
would be important for them to do so, but only when we have a
security system in place for mail and air cargo.
My question is, Are you tuned into this problem? Will it be
a priority for you? And do you support legislation that would
give the Transportation Security Agency all the tools it needs
to decertify an air cargo carrier or handler that does not
comply with strict rules of security?
Mr. Hutchinson. Thank you, Senator, and I am very grateful
for your leadership on this particular issue and your concerns
expressed in this area.
And I am aware of the work that needs to be done in dealing
with air cargo. Whenever you look at the emphasis that has been
placed on the passenger screening and now the baggage that goes
forth into the belly of the aircraft, we have to also look at
the air cargo. And TSA has taken some very important steps in
that arena. They are first steps. More needs to be done.
I commit to you that I will work on this and be glad to
work with you, as well. I am grateful, again, for your pushing
this issue forward.
Senator Hutchison. Thank you. We will work together on it.
And Senator Lott and I have talked about it, and Senator
Rockefeller and I worked on it last year. We passed it in the
Senate last year, but it died in the House. So I do think it is
the last loop to close, and I hope you will work with us to do
it.
No. 2, port security. I have one of the largest ports in
America. Our area handles probably half the petro-chemical
complexes in the entire United States. So while our ports have
done a great deal on their own, there is no way they could do
everything possible or have access to everything they would
need to fully secure these very important ports. Is this a
priority for you and for your Administration?
Mr. Hutchinson. It has to be. And whenever you look at the
legislation that this Committee and the Congress has passed
that directs both the Coast Guard, the TSA, and Customs to look
at the issues of port security, it is certainly a mandate that
we will pay close attention to.
I think part of the--what we need to address will be the
assessments of our ports, to look at the vulnerabilities, the
infrastructure that is in place, and the threats that exist
that could take them out, and then, based upon those
assessments, to be able to develop a plan for protection and
for response. And these ports need to have the assistance of
the Government agencies, from TSA to Coast Guard to Customs, to
accomplish this. So it is something that demands a great deal
of attention.
One of the things that is important is to get more
information in advance of what is coming into those ports, and
from a container standpoint. I think the 24-hour rule that
Customs has adopted, the Container Security Initiative, is a
very important part of that.
Senator Hutchison. You mentioned the Coast Guard, and I
want to say I do support the Coast Guard being in the
Department of Homeland Security, because I think the Coast
Guard is now more important than ever before. What are your
plans regarding the beefing up of the Coast Guard for its added
responsibilities of security?
Mr. Hutchinson. The Coast Guard plays an essential role,
and I think that their importance to what we are trying to
achieve is reflected by the fact that they are directly
reporting to the Secretary. But, at the same time, they will be
coordinating closely with the agencies in our arenas. It is
important that we do not overlap what we are trying do with TSA
and Customs.
In terms of resources, I will let the commander of the
Coast Guard address that issue, since that is not a direct
report. But they play an essential role, and I look forward to
coordinating closely with them.
Senator Hutchison. Well, I would hope that you would
increase their capabilities, because I think they are going to
have a lot more responsibility.
Last question. The machine-readable visas that have been
used for pedestrian traffic on the southern border have been
very successful. However, the pedestrian traffic delays have
increased because of just the sheer volume of people who are
coming over now. Are you going use some of the 150 million INS
technological improvements in infrastructure money to look at
expediting, not only the pedestrians, but the cars and trucks
with these kinds of machine-readable visas where people have
proven and have their clearances?
Mr. Hutchinson. That would be a very important investment
to make. Last night, I had the occasion of meeting with
Secretary Creel of Mexico, who is the Secretary of Government
who has responsibility in these issues. One of the issues that
they are concerned about and we are concerned about is to keep
that commerce flowing, and reduce the delays. And technology
will be one of the answers, and that is one of the uses of this
money that should be examined and considered for.
Senator Hutchison. Thank you, Mr. Chairman.
The Chairman. Senator Lott?
Senator Lott. Thank you, again, Mr. Chairman.
Congressman as I understand it--how many people are coming
in this department, all told? Is it something like 170,000?
Mr. Hutchinson. Yes, sir, 170,000.
Senator Lott. And I guess they are all the parts of a
couple of dozen agencies, bureaus, parts of departments, and
probably a dozen pieces from all over the place.
I remember asking several months ago, I guess--maybe 16
months ago or so--our friend, Tom Ridge, ``As we consolidate
and develop efficiencies and learn to do a better job spending
money more wisely, is it possible we could do this job with
fewer people?'' I never quite got an answer to that, because I
know everybody has been committed to doing the job, which is so
important, and we have so far to go that you do not want to get
too tripped up in, you know, trying to do it with fewer people
or doing it efficiently.
But, you know, you are from Arkansas, and I am familiar
with your voting record, and I hope that you will see, you
know, along the way, if you can do these things with the people
you have more efficiently, more effectively, and maybe with
less money or fewer people.
And also I think one of the things we are going to
experience here--in some areas, we are going to go too far too
fast, and we are going to have to back away from it a little
bit and say, ``Well, maybe we overdid that, or we went too
far,'' and we are going to have to reevaluate it.
Just one example, you were talking about what Customs has
been doing with regard to air cargo imports. I understand that
they have now come up with a proposal that would require that
detailed manifest information be submitted to Customs at least
8 hours before loading the aircraft for air express packages,
and 12 hours for loading--for other air cargo. The proposal
would require information 24 hours before loading an aircraft
for export. Clearly, the cargo area is one that we have got to
be concerned about, and we have got to ask ourselves, ``How do
we deal with it in the commercial passenger aircraft, and in--
on a regular cargo?'' But in this case, what you would do would
be to effectively eliminate overnight express shipments.
So the question is, did--is that maybe going too far? And
we are--we are going to definitely be losing something if we do
it this way. And so I guess what I am asking you is that--is a
commitment that you are going to continue to look at ways to do
these things better, more effectively, more efficiently, maybe
with, sometimes, different people or better people, fewer
people, and also to make sure that we do not go too far
sometime without having a hearing.
We are faced with that right now in this Committee, on the
Aviation Subcommittee. A lot of things we have done, we now
need to come back and ask ourselves, ``Are the right people
paying for these costs? And are we doing it in the right way?''
Would you respond to that--package of comments, really?
Mr. Hutchinson. I think that is a very important reminder,
as Homeland Security is set up, that one of the most important
responsibilities is, as we bring 22 agencies onboard, where are
the efficiencies in the combining of these agencies? And
obviously, with the needs that have been expressed in the
border areas, personnel-wise, I do not know that you will
ultimately reduce the number. When we can--and, at the same
time, protect America--but if you are looking at middle
management over time, I expect there to be a substantial amount
of efficiencies there. As we look at the inspection services
along the border, as you look at our enforcement agencies,
there is a lot that we can do. I think it is a great
opportunity for us.
And so I hope that we will be measured, in terms of
productivity of homeland security, not just by how much we
spend, but by how effective our reorganization is and whether
it adds to the security of America.
In reference to the impact on our commercial carriers,
because of the notice requirements, it is important to maintain
the balance of security with not impeding the legitimate flow
of commerce. I will have to look into that specifically, the
point that you raised. The notice is important. Sometimes you
have to look at the specific applications, whether we are
defeating a very legitimate purpose.
Senator Lott. One area where Members of Congress took an
action was the Arming Pilots Against Terrorism Act, and yet we
are not quite sure exactly how that is going to work, or when
it is going to work, or who is going to train these pilots. And
I understand perhaps it will be voluntary. How do you envision
that working?
For instance, I have been told that you are thinking that
maybe this training would be done internally. That makes me
nervous. Who in this department would have that capability? And
so I hope you will look very carefully at how this program is
going to be carried out, implemented, who would train the--I
would think you would be much better off contracting with some
private sector that has experience in training people for this
specific purpose. What is your reaction to that?
Mr. Hutchinson. Well, I think we should always look at the
private sector as an option. I know that in reference to the
training of the pilots, that there is a pilot program being
implemented that we will see how this works and any adjustments
that need to be made initially. I believe the training is going
to be conducted through the Federal Law Enforcement Training
Center, Glencoe, Georgia, which will be one of the BTS
agencies. And so I think that is a good start. We always ought
to be looking at options, ways to do it better, and see how
these--pilot training program will work.
Senator Lott. I hope you will pay close attention to how
that is implemented, because I think it could be important. It
could be dangerous, too.
One last comment. The border is very important, obviously,
all over the country, because we do have a flood of illegal
immigrants that are risking their lives, and also it can be a
place where terrorists can come in. But the one area that still
worries me is--I guess, it is maybe because I am more familiar
with it, as opposed to the Senators from Texas and Arizona--are
the ports. I still know we have got a lot more capability than
I thought we would have at this point, and they are doing a
pretty good job, but I still think there is a huge risk at
ports all around this country. And while we did provide $93
million for port security grants to airports, I believe, in the
fiscal year 2002 budgeting--none of that went to ports between
New Orleans and Tampa, for instance there were 22 applicants
for grants; none of those, including the No. 1 of the 22, were
approved.
I do hope that you will look at this port security area in
general. I know the bigger ports, obviously, have the greater
risk--New York, Baltimore, and ports in Texas and California
and so forth--but we also have huge risk at some of these
smaller ports, and I hope that you will look at making sure the
ones that are particularly potentially dangerous do get some
assistance, and some attention is paid to allocation of those
funds in terms of need and geographical distribution.
Mr. Hutchinson. Thank you, Senator. Much work remains to be
done, as you pointed out.
The Chairman. Senator Wyden?
Senator Wyden. Thank you, Mr. Chairman.
Several of my colleagues talked about the question of
sharing information among the various agencies that are in your
jurisdiction. And my question to you at this point is, How
would you see breaking the mindset among these various agencies
that tend to keep information to themselves.
I think it is clear you are right with respect to computers
and making sure that they are in place to share information,
but I am concerned that unless you break this mindset, it will
eventually lapse into something resembling business as usual.
And here would be an example that I would offer the
nominee. I mean, let us say the Coast Guard spots some
suspicious material, something that could be an ingredient for
a chemical or a biological attack. Related ingredients show up
at a Customs department office, say, on the northern border,
which we have been concerned about. And then, at the same time,
immigration authorities or the FBI have their eye on a
suspicious set of individuals. Here you have got three
agencies, where, historically, they would be inclined to work
in isolation. They mean well, but they work in isolation. How
in an instance like that, would it be handled differently now?
Mr. Hutchinson. Well, it is very important to change the
mindset of the agencies in sharing information. I think a
tremendous amount of progress has been made since September 11,
the attack on America. People understand the importance of
that, and they are trying to accomplish that overriding goal.
As you pointed out, sometimes it is not a matter of the
will, but it is a matter of the processes and the structural
stove pipes that we have set up these different agencies. That
is what Homeland Security is about, is to break down those
barriers so the information can flow unimpeded. That is going
to be the first thing that we are really going to work on, to
make sure that there is a clear chain of command, and a clear
flow of information.
We have had some working groups already established, just
in terms that I can listen and see what these agencies are
talking about where the problems are. So that is one of the
earliest things that we will focus on.
Senator Wyden. What are the problems that you are hearing
when you go to these focus groups?
Mr. Hutchinson. Well, for example--well, just what you
pointed out, actually, that--where there is information coming
into one agency, and by the time it goes up the chain to the
top and then gets to--down to another agency, there could be a
time gap there.
I think that what we are looking at is that there is a
clear chain of command. With the opportunity of the inspection
side being all in one arena now, there is not going to be three
different agencies doing inspection on the border. So if we
have it in--all within the Department of Homeland Security,
there is naturally going to be a breakdown of those barriers.
Second, on the enforcement side--and that is another area
of concern--that you have got Customs agents, you have got INS
agents out there, and how the information flows there. We have
opportunities to improve that.
And I would also point out one of the concerns is outside
of Homeland Security. We still have to relate to the Department
of Justice. And I assure you there is a strong commitment from
Director Mueller, from the Attorney General, and with Governor
Ridge to make sure those barriers are not there. But it is a
matter of working on that every day.
Senator Wyden. On the whistleblower issue that I mentioned
earlier, I would like to hear your thoughts and have you use
this opportunity to send a signal to the workers that it is
safe to come forward. I think there is great concern with
respect to the workers right now, and certainly the TSA order
recently, the Transportation Security order, has raised
additional questions with respect to employees' rights.
And again, just, let us take a hypothetical, and let us say
the recordkeeping and data-entry systems are so poor that key
information that is important to fighting terrorists gets lost,
and somebody wants to come forward. I am convinced that a lot
of people are very fearful about coming forward in this
climate, and I would like to have you use this opportunity to
state how you feel and send a message that you want that
information.
Mr. Hutchinson. Thank you for that opportunity, Senator.
And the--all the employees that come onboard should know that
they will be protected from improper political influence, they
will be protected from reprisals against whistleblowers, and
they will be assured to retain their current benefits and the
protections they currently have under law.
Whenever you mention the circumstance of information that
is important for the policymakers to know, I certainly hope
that they will share that with leadership of the new department
so we have an opportunity to fix it, but clearly that is
information that Members of Congress need to know.
We are all together in trying to fix this. The employees
should know that their rights will be protected.
Senator Wyden. My time is just up.
On this whistleblower issue, having worked with a lot of
them in various areas, including intelligence and healthcare
and the like, I would just tell you, the first couple of cases
are going to be absolutely key, because yours is a brand-new
department with a huge number of employees. If you handle the
first couple of whistleblower cases in a way that shows that
you have confidence in the employees, that is going to be
everything. If they look at those first couple of cases and
say, ``We are going to get bounced if we come forward,'' I
think it is going to be very, very damaging.
I look forward to working with you when you are confirmed.
Mr. Hutchinson. Thank you, Senator.
Senator Wyden. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Sununu?
Senator Sununu. Thank you.
There has been a lot of discussion of technology throughout
the different lines of questioning today. It came up, of
course, with biometrics, with some of the questions about visas
that Senator Hutchison was asking, border patrols, and some of
the checked-baggage screening, as well.
I have a broad question about technology. It has obviously
important. It seems that it is going to be critical to the
success of the new agency, and in your work in particular. Are
there any other areas of technology that you think are
particularly important, or will be going forward, or are
technologies that you would want to highlight to this Committee
in our efforts, moving forward, to try to help you do your job
more effectively?
Mr. Hutchinson. Well, there are two areas of technology
that come to mind. One is the border technology. We have a lot
of sophisticated equipment out there. Can that equipment, for
surveillance, for protection, be deployed in a way that is
consistent with the border and that can save on human
resources? So that is obviously an area of technology that we
have to explore very quickly.
The other one that you are very interested in is
information technology. And we are going to have a chief
information officer. And I look at the needs along the border,
for example, whenever I see, you know, an INS inspector at the
border have a name come in, and they check five different data
bases, that takes time. There is more room for error there.
Are there ways that we can combine these data bases,
modernize the equipment? Customs has made great strides in that
area, but it needs to be shared with the other agencies. So
both in those areas, border technology and IT.
Senator Sununu. Is the same individual who is going to have
responsibility for data base management and information systems
going to also have responsibility for ensuring that new
equipment to screen all checked baggage is put in place at the
airports? How do you separate those different types of
technology, and is there someone in the new agency that will
have overall responsibility?
Mr. Hutchinson. The structure of Homeland Security is to
have, to the extent possible, one IT system. It takes time to
accomplish that. But we have, under the directorate of
management, a chief information officer, and they will look at
the infrastructure technology, the information technology for
all of the agencies, and move toward systems that are
compatible with each other.
Then you asked about the technology for the screening and
the baggage handling in the airports. That is something that is
shared with the agency that has immediate supervision over
that, with what we can do better. And so we can look and
utilize our science and technology directorate and say, ``This
is a deficiency. This is a need. Take a look at this. Put your
people to work on this. How can we do that better?'' And then,
as part of that, will be the procurement.
So we hope to be operating in a businesslike fashion and
utilize the research capabilities as well as the procurement
capabilities for a good technology department.
Senator Sununu. And you mentioned that position before, the
research directorate, and I think that is important. That
individual will be looking forward to breaking-edge--leading-
edge technologies, how they might help us to improve homeland
security. But I think, in some ways, the bigger challenge and
the more immediate challenge is going to be to take existing
technologies that really have never been used in this kind of a
domestic capacity before--the Chairman mentioned the use of
drones on the border, for example--and there will really need
to be someone that has an expertise in the area of applying
technology to solve real-world problems that is assisting the
agency, I think. And I do not know if that role has been
defined as part of the organization. I do not know that it is
the same position as someone running a research lab, and it
is--I do not believe it is the same position as someone who
typically manages an information technology system or a data
base system.
Those are very important roles, but I think that is going
to be one of the challenges, is not looking out 20 years to new
technologies, but let us just take some available technologies
and use them better today. And I would just offer that as food
for thought as you take on this challenge.
Mr. Hutchinson. Your points are absolutely on target. That
should be a high priority with us, and it will be. The existing
technologies out there, how can they be applied to the problems
that we have? Thank you for sharing that.
Senator Sununu. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you. Senator Snowe.
Senator Snowe. Thank you, Mr. Chairman. Just several
questions to followup on some of the comments that I made
earlier.
Obviously, port security is one of the major concerns
expressed by many Members of this Committee. And referring back
to the Hart-Rudman report, it indicated that the port
vulnerability studies for the Nation's 50 largest ports are not
expected or scheduled to be completed for five more years. And
I know there are vulnerability assessments being done on all
ports in this country.
It would seem to me, given the imperative of this issue and
the impact that it could have, not only, you know, economically
here in the United States, but worldwide--I mean, as the report
indicated, if there was just one explosive device detected in
any one container that came into our ports, it basically would
bring the whole shipping industry to its knees, not to mention
the effects it would have worldwide with 21,000 containers
coming into our ports each and every day.
It would seem to me that we would want to accelerate the
timetable for these vulnerability assessments. Do you have any
thoughts on that? Are you familiar with what the status is of
these assessments at this point? And at least with the largest
ports, it would seem to me that we would want to do that.
With--43 percent goes into Long Beach and Los Angeles alone, in
terms of our cargo shipments--it would seem to me that we would
make this the highest priority, to evaluate these assessments
and to move quickly to address the gaps in the system.
Mr. Hutchinson. You are absolutely correct, Senator. This
is a high priority, to make these vulnerability assessments of
our ports. But also we have to be concerned with the large
ports that are overseas, as well. And I think that, you know,
we can push the funding of the assessments here. I believe that
it can be accomplished in a number of different ways. We have
to coordinate that from the Coast Guard and the TSA and the
Customs to make sure we have a good division of labor between
those.
Also, we are going to have the critical infrastructure
arena, part of the information analysis, that will have
responsibility for assessing critical infrastructure. Clearly,
our ports are a part of that. As soon as we identify them, we
make sure we know the threats and the vulnerabilities. But we
need to expand that even beyond our borders, because if there
is a non-secure port in Rotterdam with a container ship coming
this direction, that impacts us. And Customs is working very
aggressively to carry that out.
Senator Snowe. Are other countries being cooperative in
this regard, in working to make this a priority?
Mr. Hutchinson. I think, of the 20 largest international
ports, 16 of them have signed agreements to follow the
Container Security Initiative. And so this is a--very, very
good news. And I know that Commissioner Bonner is pursuing
those very aggressively. So there is a high level of
cooperation, because it is--you know, once you start signing
two or three of them up, which they have done, then if you want
to have the same level of competitive advantage, the others
will sign up, and that allows them to pre-screen the cargo
coming in, to have advanced information on the containers, and
for them to assess their own ports to see what kind of
infrastructure protection they need to have.
Senator Snowe. Well, this report went on to say that very
small amounts have been given so far, with respect to this
issue, in grants. And that goes back to what Senator Lott
referred to earlier. I mean, even for--Los Angeles and Long
Beach, which receives 43 percent of the shipments, in the year
2001 received a grant of $6.1 million. And I do not know, maybe
this has been updated since then, and--much has happened. But I
think we would want to be apprised if we are not giving
sufficient amount of money to make sure that port security is
being pursued aggressively in what we need to do in order to
close these vulnerability gaps.
Mr. Hutchinson. I know that there are additional funds that
are provided in the 2003 budget that will free up some money to
pursue these initiatives, as well. But the report is very well-
taken in its directions on that.
Senator Snowe. Another recommendation in this report is
on--in talking about--and certainly my border, in Maine, with
Canada, and one of the longest, if not the longest, with
Canada--we have many remote locations. Do you have any
recommendations, in terms of how to address that? Because
obviously, that is important to the local residents, to be able
to have use of those areas, but at the same time, we want to
make sure that they are secure.
Mr. Hutchinson. In terms of the ports of entry, all of the
ports of entry now are manned, have personnel there 24 hours a
day. And so this has been an adjustment because of the
attention that you and other senators have given to this
concern on our northern border. So that needs to continue,
because we want to make sure that the citizens have access, but
they are also able to control and to record those who are
coming in and going out.
Senator Snowe. I know that the U.S. and Canada signed last
month the U.S./Canada Smart Border Declaration, and I think
that is moving, certainly, in the right direction. I hope we
can accelerate that timetable, as well--but also to be used as
a standard, international standard, for other international
organizations. We have to encourage other countries to assume--
and organizations--to adopt these standards so that we do have
symmetry around the world.
Mr. Hutchinson. Our relationship with Canada has been
superb in trying to improve the security on the border. The
initiative that was signed has been very instrumental in that.
I know that the goals of both are to make sure that commerce
flows, but to add protection on both sides. And the background
checks on the transportation systems, the frequent travelers
going back and forth, is moving forward. The fast lane has been
helpful. And so we hope to be able to continue and push those
initiatives forward.
Senator Snowe. Overall, in terms of the magnitude of your
responsibilities--they certainly could not be greater when you
are thinking of what you are enjoining, in terms of the
agencies and their jurisdictions--are certainly varied. I would
hope that you would make sure to conduct an audit of all the
things that really need to be done sooner rather than later and
share that with the Committee so that we can help you to meet
your responsibilities under the law, and to help you
organizationally, as well. You know, I know that there is no
question that your paramount challenge is the organization
issue, and making sure that the bureaucracy functions in a way
that does not allow lapses that obviously violate our security
in this country. So I hope that you will share that with us.
And as far as the Coast Guard is concerned, again I
certainly--I know that you will have a good working
relationship with the Coast Guard, working hand-in-glove, as I
said earlier, but also to ensure that there are not any
operational or jurisdictional disputes that they can--because
obviously the Coast Guard is going to play a premier role in
ensuring our homeland security.
Mr. Hutchinson. I look forward to working with you, and
that is an excellent idea. One of our important
responsibilities is to keep you informed as to the needs that
are out there and the problem areas. So I look forward to
working with you, Senator.
Senator Snowe. Thank you, Mr. Chairman.
The Chairman. Senator Dorgan?
STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Dorgan. Mr. Chairman, thank you.
Mr. Hutchinson, I was over on the floor for a debate on the
Agriculture Disaster bill. And, at least for my State, that is
where I had better be when that is being debated. So I missed
your opening statement.
But I wanted to come over to say that I support your
nomination, will vote for it, and think that you are a good
choice by President Bush. And so I am pleased by your
selection.
I did want to ask a question about something I have spoken
about on the floor of the Senate a number of times and on which
there has been virtually no action. That is, we have what is
called a ``watch list'' at the State Department that is made
available to INS. It is also made available to the consular
officials in our consulates around the world. That watch list
contains the names of people who we know are terrorists or
suspected terrorists.
We also know that that watch list is unavailable to the
650,000 people across this country who perform their law
enforcement duties, city police officers, county sheriffs,
highway patrol, and others. And if they, this afternoon, stop a
5-year-old Ford car on a highway just south of Pembina, North
Dakota, and it has four people in it, they have just crossed
the border, probably not at a checkpoint; they have crossed at
a remote point and they are known terrorists on our watch list
at the State Department, the highway patrolman who stops that
car will access the NCIC to see whether these people have
outstanding arrest warrants, or whether they are guilty of a
felony, or one thing or another, but the highway patrolman will
not, under any circumstance, ever be able to access the watch
list. So that highway patrolman can have four known terrorists,
known to the State Department, known to the Immigration Service
and the consular officers, in the car, stopped, and not know
it.
It is interesting, the fellow that piloted Flight 93 that
crashed in Pennsylvania was stopped by a highway patrolman in
Maryland for going 90 miles an hour. It turns out that person's
name was not on the watch list at that moment; but had it been,
that patrolman had one of the pilots, one of the terrorists,
stopped at the side of the road, but would not have any way of
knowing that this person was a terrorist.
Let me just say that the Rudman-Hart Commission said that
the top priority in all their recommendations, is to provide
the eyes and ears and opportunities for 650,000 law enforcement
folks across this country to have access to this watch list.
First of all, are you familiar with this problem and this
issue? And, second, can you give me a description of how you
think you and the Administration will work and move to resolve
it?
Mr. Hutchinson. Thank you, Senator. And I am somewhat
familiar with the broad parameters of this problem. And I do
know that we have improved the information going into the NCI
system that all the State troopers and those in local law
enforcement have access to. So those who have--are alien
absconders, those people who have deportation orders, they are
being entered into NCIC. Much more work needs to be done to
make sure that the people on the street have the information
that will help get the job done and protect America.
In reference to the watch list, I--you know, that is
designed for, you know, international efforts in knowing who,
in every country, ought to be denied visas. I think we need to
look at how that information that is appropriate can be put
into a system that is more available to local law enforcement.
So thank you for raising that. We need to make sure the watch
list is comprehensive, it is--has the information on--in
itself, that is necessary, and then it is available to the
right people.
Senator Dorgan. If I might just say, Mr. Hutchinson, the
watch list is available to the Immigration Service. So
presumably, someone trying to cross the border from Canada into
the U.S. would be able to get through the Immigration Service
by avoiding them, going ten miles west or east on some country
road. And then ten miles south of that border at Pembina, North
Dakota, although the immigration service had the information
ten miles north of the border, ten miles south, the highway
patrol or the county sheriff will not have access to that
information.
You are quite correct, the NCIC has been improved, but it
does not, at this point, consist of the names of terrorists or
known terrorists who are on the watch list. That watch list is
not perfect, you are correct about that, as well, but it is the
only comprehensive list that we have made that describes
terrorists who we know are terrorists, those who we suspect are
terrorists.
And again, the top recommendation, the top priority, of the
Rudman-Hart report was to correct this and to correct it
quickly. And I have been raising this issue for some months,
and regrettably, I see very little progress. And I am heartened
by your selection, because I think you are someone who can get
something done, and that is why I wanted to come and make this
point.
Every law-enforcement official across this country deserves
to know if they have got someone in the car in front of them
that they have just stopped who is a known terrorist and on a
list that this country has. They deserve to have that. It
desperately short-changes them and risks their lives, and
promotes great risk for this country by not putting in the
hands of 650,000 law-enforcement people that information.
So I wish you well, Congressman Hutchinson. I think, as I
said, you are a good selection.
I am sorry I was delayed today, and I hope the Chairman
recognizes that I had to be on the floor of the Senate. Thank
you very much.
Mr. Hutchinson. I am grateful for you taking time to make
this very important point, and I look forward to working with
you on it.
The Chairman. I thank you, Senator Dorgan.
Asa, the cheapest commodity around this town is advice, so
I will be brief in mine.
One, on the issue of border security. I am not an expert on
all borders. I do have some expertise about our southern border
in my State. You are never going to hire enough people, you are
never going to have enough people on the ground, to surveil or
control our southern border. So I think technology is the
answer. And whenever you embark on new technologies, there are
failures. And when there is a failure, there is a scandal, and
then people draw back and do not ``think outside the box,'' if
I might use that trite phrase.
Use technology. We are never going to be able to achieve
the border security that we need unless you try new
technologies and different ways of addressing this, I think,
very serious problem. It is going to get worse.
I would like to see the Mexican economy get better. From
what I have seen, it may get--people predict that it is going
to get worse. That is going to drive more people over our
border, and the same thing with other countries in Latin
America, as well as from all over the world. We now see Chinese
citizens coming across our southern border and in other areas.
The other advice and recommendation I have for you is
something that you know. The one thing we hate here in the
Congress, as you remember very well, is to be surprised. If
there is something bad going to happen, come and talk to us
about it. Do not wait until we read about it and then react,
sometimes in anger, either justified or unjustified. We need to
see you, we need to talk to you.
These are incredibly heavy responsibilities. We will be
your partner, and you have established relationships over the
years with many of us which, I think, will--it has established
the basis of trust and confidence in you. Do not betray that by
keeping things from us. I think that every Administration has a
tendency, understandably, not to share. But please do that with
us. And I can assure you that Members of this Committee will
work as hard as we can to assist and help you.
There is bound to be some mistakes made. Your charter is
too large. Your responsibilities are too great. Let us work
with you, rather than have an environment where we feel that we
are not kept informed. And you are as aware of our
responsibilities, as we are.
So we are very pleased at your selection. We are very proud
to have an American of your calibre willing to serve our
Nation. And we--I will do--we will work as quickly as possible
to get you confirmed so you can get about your job. Thank you.
Mr. Hutchinson. I am grateful for the counsel, and for the
hearing today. Thank you.
The Chairman. Thank you.
This hearing is adjourned.
[Whereupon, at 4:25 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Ernest F. Hollings,
U.S. Senator from South Carolina
Welcome Administrator Hutchinson. This Committee has worked very
hard on the issue of transportation security. We have passed
legislation to work towards securing our seaports and airports and last
year this Committee passed the Aviation Security Act of 2002, and for
the most part, we are well on the way to implementing that Act. The
Committee also approved and saw pass into the law the first major
enactment to protect our seaports, the Maritime Security Act of 2002,
and I am happy to report, that with the able assistance of the Coast
Guard we were able to negotiate an international agreement that would
set up the same security structure on an international basis. However,
despite the position taken by the Senate to provide a guaranteed source
of funding to assist with the implementation of security measures
through user fees, we were not able to agree with the House on a means
of providing dedicated funds. The Coast Guard recently announced
preliminary estimates for compliance with the Act that calculate the
costs to be in the in the billions of dollars, not millions of dollars,
but billions. This is going to be an immense challenge, but I do not
expect that you will back down from industry complaints in the face of
the legitimate and real security needs and threats posed at our
seaports, and our maritime borders. You are going to have to help to
ensure that we get the funds necessary, through federal sources, or
user fees, from the industry itself, but security must be paramount.
This Committee also approved legislation that would enhance our
ability to conduct background checks on truck drivers that will help
set the structure for the disqualification of truckers that pose
security risks in hauling hazardous cargoes. The Committee also passed
legislation securing our passenger rail network, our freight rail
network, and to help assist the bus industry with new security
programs. Incredibly, because of objections from a few Senators we were
not able to pass these bills. We are going to need your leadership to
help pass these bill this year. The job that the President has
nominated you for is one of critical importance and will be a
tremendous challenge.
The Border and Transportation Security Directorate is the largest
part of the Homeland Security Department, employing well over half of
its 170,000 personnel. The leadership of this Directorate is expected
to create a results-oriented organization that will be judged on its
performance before there is an opportunity to get off the ground. The
state of security at our seaports and airports is being watched by the
American people and the Border and Transportation Security Directorate
will be held to the highest standard.
The Transportation Security Administration (TSA) will be faced with
coordinating the challenges of transportation security. TSA has
generally met the baggage and passenger screening deadlines but a lot
more remains to be done. We did extend for a limited period the
explosive screening deadline, yet this Committee expects to see the
deadline met. The success that has been realized with the deployment of
federal screeners at the airports needs to be repeated with everything
that TSA and the Border and Transportation Security Directorate
undertakes. I know from reports that the TSA staff is working as hard
as possible and a GAO report notes that things are moving well.
These successes are important, however, I am extremely concerned
about security in the maritime and land security arena. The sole focus
on aviation security has left a significant manpower shortage in
surface transportation security. An example of this security shortfall
is the lack of personnel that have been hired at the TSA's Division of
Maritime and Land Security. This division was authorized 250 full time
employees for FY03 and 80 full time employees for FY02, however it is
currently staffed with only 67 employees. Maritime, and all other
surface transportation, account for five of the six transportation
modes, and should be addressed accordingly. While we enacted
legislation during the last Congress in the areas of port security and
aviation security, we still have to pass legislation on rail security,
and to assist the other surface modes. This needs to be a much higher
priority for the Department of Homeland Security.
Recently, West Coast ports were closed down as a result of a labor
strike, while the strike was settled amicably, the cost of the stoppage
of trade was reputed to be more than two billion dollars a day. The
stoppage of trade not only affected our trucking companies and
railroads because of lost business, but it also caused the closure of
U.S. manufacturing and industrial companies that rely on trade. Closure
of ports, or of our northern or southern borders for that matter, could
be catastrophic to the well-being of our nation and it needs to be
treated with the highest priority. I am concerned right now that we are
not getting the proper response from the agencies that you will be
responsible for, and that business is not getting done: meetings are
delayed and cancelled. While I understand the need for some delay as a
result of restructuring, it will be crucial that you get on the stick
as rapidly as possible.
Communication and collaboration between the agencies that have been
brought together under the Department of Homeland Security are the
reasons that the new Department was created. Agencies within Border and
Transportation Security, such as Customs, Immigration and The Border
Patrol, APHIS, TSA, and the Federal Protective Service must work with
the rest of Homeland Security, in particular the Coast Guard, which
remains as an independent entity within the Department of Homeland
Security and is crucial to our port and maritime security. In addition
to coordinating with other agencies in the Department of Homeland
Security, it will be crucial to coordinate with other agencies, such as
the Department of Transportation (DOT). The line between DOT's
jurisdiction over safety and your jurisdiction over security may seem
blurred, prudence and the security of our nation depend on your ability
to work in a cooperative fashion. Infighting and territorial disputes
over jurisdiction and responsibilities will only lead to a weak
security system.
It will take a strong leader, like you have proven yourself to be
at the Drug Enforcement Agency, to create an effective Border and
Transportation Security Directorate. The communication, collaboration
and cooperation that the DEA and Coast Guard have shown in the war on
drugs presents a good model to emulate for the security of our
transportation system. Thank you for being here today. I am eager to
hear your input and responses to our questions.
______
Response to Written Questions Submitted by Ernest F. Hollings
to Asa Hutchinson
Management and Start-up
Question 1. What do you see as the first priorities in setting up
the Border and Transportation Security Directorate?
Answer. My first priorities in setting up the BTS Directorate
include bringing the incorporated agencies on board in an orderly and
well managed fashion, communicating frequently and effectively with
agency employees and Congress during the process; establishing strong
working relationships with the Coast Guard and intelligence directorate
to improve intelligence sharing and operational coordination;
developing visa issuance regulations; and reducing problem areas in INS
enforcement.
Question 2. As the most recent head of the Drug Enforcement Agency
(DEA) you have had an up-close look at the difficulties in securing a
border as vast as ours. It is no secret that despite the continued
efforts of our government to control illegal narcotics and immigration,
staggering numbers of undocumented aliens and illicit drugs seem to
enter and leave our country at will.
a.) Do we currently have the resources to make our Homeland truly
secure?
Answer. No amount of resources can make the United States 100
percent secure, but the creation of the Department of Homeland Security
will leverage the resources that we do have. We must use a risk
assessment and threat assessment approach to best use our resources. We
must use current technology in innovative ways, and we must develop new
technologies that can help us achieve homeland security.
b.) What steps do you plan to implement to make a difference
immediately?
Answer. Integrating all of our federal inspectors under a common
port director at each port of entry is an important first step. Another
important first step will be to ensure BTS agencies are focused on
Homeland Security missions. In order to do this I am establishing a
Policy Council comprised of BTS Agency heads, the Coast Guard, and key
members of other DHS directorates. This Policy Council will also help
us achieve what the military calls ``unity of effort.''
c.) What are your long term plans?
Answer. Longer term, I will continue to consolidate like functions
within the agencies. I will also ensure that similar initiatives in
various agencies will complement each other rather than compete for
resources. I will ensure that enforcement priorities are appropriately
aligned to reflect DHS priorities. As risk and threat assessments of
our ports and other critical infrastructure are complete, I will
distribute resources appropriately.
d.) Do you believe the military has a role in this effort?
Answer. Yes, the military does have a role, but in a support
capacity. Border enforcement is not a military responsibility but a law
enforcement one. The military, such as the National Guard, can help in
terms of support to the front line law enforcement agencies.
e.) Can we be successful without creating a police state?
Answer. Absolutely.
Cooperation
Question 3. The roles of the different organizations responsible
for securing our transportation system have not yet been finalized.
There is some overlap and apparent duplication between the actions of
TSA, Customs, INS, and DoT agencies.
a.) What steps will you take as Undersecretary to ensure that the
roles of each agency are clearly understood and coordinated?
Answer. We are already engaged in examining the legislated
responsibilities and functional capabilities of each agency to
understand where potential overlaps exist and to determine how to
eliminate unnecessary overlap. Right now, we're focusing on the border
inspections functions, the investigations functions, and the
international functions of the agencies that are coming into BTS. The
Coast Guard has been an active participant in these workgroups.
b.) How do you envision the role of the Coast Guard in relation to
the role and mission of the Border and Transportation Directorate?
Answer. We recognize that although the Coast Guard has unique
responsibilities that fall outside of BTS responsibilities, it is an
agency with significant maritime border and transportation security
responsibilities. It brings substantial expertise, broad authorities,
substantial capabilities and importantly, robust connections to the
local national and international maritime community--all of which are
critical to creating a secure border and transportation system. I am
committed to working closely with the Coast Guard in a departmental
approach to meeting the Nation's security needs.
c.) What steps do you envision to strengthen coordination between
Coast Guard and the Border and Transportation Security Directorate?
Answer. To the end of strengthening BTS-Coast Guard coordination,
we've already taken steps down that path. The Coast Guard senior
leadership has been an active participant in BTS study groups; The
Coast Guard Chief of Staff is a member of my BTS policy council; and I
have several senior Coast Guard officers on my staff, all to ensure the
BTS-Coast Guard team is a strong and coordinated one.
d.) How do you envision the relationship between the Directorate
and the DoT modal administrations?
Answer. A BTS mandate is to ensure security across all
transportation modes, while at the same time, ensure the speedy,
orderly, and efficient flow of lawful traffic. Fulfilling that mandate
requires close and coordinated effort with the modal administrators of
DoT. I am committed to establishing the coordinating mechanisms (i.e.,
liaisons, councils, operational connections, collaborative standard
setting) that will make that mandate a reality. TSA has been in the
process of executing MOUs with DoT modal administrations. These MOUs
will likely form the basis of the relationship between BTS, TSA and
DOT. These MOUs are currently under review and will be finalized as
soon as possible
e.) The Federal Government regulates important safety and
commercial aspects of interstate and foreign commerce through many
different agencies in several departments, including the Department of
Transportation. Assuming inspectors from the Department of Homeland
Security might search hazardous materials shipments for possible
security risks, how will you ensure the most effective coordination
with inspections already being performed by other agencies, so as not
to impede interstate commerce, while still maintaining the primary
requirement of security?
Answer. We are in the process of developing MOUs to assure that a
coordinated effort exists between DHS inspectors of hazardous materials
and the inspectors from other agencies and departments in order to
ensure that interstate commerce is not impeded and that security
concerns are addressed.
f.) What steps will you take to ensure that inspections occur at
the most proper place, given the security needs, and avoiding
duplicate, costly private sector expenditures? For instance, avoiding a
situation where a container ship must unload a container for inspection
at three different ports, also having to reposition countless other
containers that are in the way?
Answer. BTS agencies have initiated a number of programs to improve
port security while reducing the impact of these security measures on
the private sector. These include efforts to push the borders overseas,
such as the Container Security Initiative, Operation Safe Commerce,
Customs Trade Partnership Against Terrorism, and Operation Safe
Commerce. These complement International Maritime Organization
initiatives that will enhance international shipping security while
creating a level playing field for maritime shippers. Importantly, the
consolidation of many port inspection agencies into BTS, together with
the creation of the DSH Information Analysis and Infrastructure
Protection Directorate, will allow greater coordination and information
sharing. This will allow our inspectors to focus the right level of
attention on cargoes coming across our border and avoid unnecessary
duplicative inspections.
Question 4. Since TSA was created by the Aviation and
Transportation Security Act of 2001 (ATSA), it has been operating under
Memoranda of Understanding (MOUs) with various government agencies.
Additionally it is my understanding that TSA under the provisions of
the Maritime Transportation Security Act (MTSA) envisions executing a
number of MOUs to help coordinate security functions.
a.) As TSA transitions to the Department of Homeland Security, do
you foresee any possibility that these MOUs will have to be changed in
any way? If so, what needs to be done to make the MOUs workable for the
new Department?
Answer. Any existing MOU's will continue in effect and will not be
affected by the transfer of TSA into the Department of Homeland
Security. However, we are in the process of reviewing existing MOU's to
determine what, if any, changes are appropriate and we will consider
whether we should enter into any new agreements to enhance the
coordination of security functions.
b.) How do you feel you will be able to maintain open paths of
communication between the Border and Transportation Security
Directorate and the rest of the Homeland Department, other federal
agencies, local law enforcement and industry?
Answer. One of my top priorities is to maintain open paths of
communications between the Border and Transportation Security
Directorate and the rest of the Department as well as other federal
agencies, local law enforcement, and industry. I plan to work very
closely with the Department's Office for State and Local Government
Coordination and with private industry to ensure that we coordinate
activities that affect those entities and maintain open lines of
communications.
c.) Please provide a list of all existing MOUs, and those MOUs
under consideration by your Directorate.
Answer. There are no existing MOUs of the BTS Directorate. MOUS
with the Departments of State, Transportation, Justice and Agriculture
are in progress.
Question 5. In section 70116 of the Maritime Transportation
Security Act (MTSA) we established a program for the Department of
Homeland Security to evaluate and certify secure systems of intermodal
transportation. The MTSA repealed the original provision on secure
systems of transportation which housed the program in the Department of
the Treasury under the jurisdiction of Customs. The change to this
program in MTSA was done in recognition of the intermodal nature of
container transportation, and the domestic and international nature of
container movements.
Given the many different programs that have been initiated on
intermodal cargo security, such as the Customs' program CTPATT and the
Container Security Initiative, as well as programs such as Operation
Safe Commerce. Do you feel that the Directorate could establish one
program on the certification of secure systems of transportation and
bring these other programs into consideration and review under one set
of standards? What agency in your Directorate do you see leading the
effort to establish and certify systems of international intermodal
transportation?
Answer. We are in the process of collecting information on the
various programs that have been initiated on intermodal cargo security
by Customs, TSA and the Coast Guard. After further review and analysis
of that information, we will determine whether or not to establish one
program on certification, the feasibility of one set of standards, and
which agency or agencies could further lead efforts at establishing and
certifying systems of international intermodal transportation is
appropriate.
Mission
Question 6. With the concentration on aviation security, the
remaining modes of transportation are largely neglected. There are a
number of issues that need to be addressed such as the movement of
hazardous materials, the security of passenger rail, and the
appropriate relationship of government and industry as we work to
establish security standards and work to enforce them.
a.) How will you ensure that the Department of Homeland Security
will place more focus on maritime and surface transportation security
risks?
Answer. By necessity and the statutory mandates of ATSA, TSA has
focused its near-term efforts on aviation security. The agency is now
turning its efforts to strengthening the security of the other
transportation modes such as martime and surface transportation. DHS is
committed to strengthening security of these modes and is working with
TSA to define responsibilities and develop risk assessments based on
threat information to develop performance-based standards for these
transportation modes.
b.) The manpower shortage within TSA's division of Maritime and
Land Security shows a significant lack of security oversight in these
areas. How will you resolve this staffing issue in an expedited manner?
Answer. We look forward to working with TSA to ensure that Maritime
and Land Security components are adequately staffed.
c.) How do you envision that the Department of Homeland Security
will ensure the security of shipments as they move in intermodal
commerce, traveling from ships to rail to trucks?
Answer. DHS and BTS are committed to strengthening security of our
intermodal transportation systems. We will ensure that vulnerability
assessments are conducted as soon as possible so that performance-based
security standards for the surface transportation are modes can be
established.
Question 7. We understand that less than 3 percent of all
intermodal and general freight containers coming into United States
maritime ports are physically inspected for their contents. Does the
Department of Homeland Security have a goal to increase this
percentage? While it may be impossible to physically inspect all marine
containers, the current system relies on an evaluation of information
on cargo entry in order to evaluate the cargoes that may pose the
greatest risks. However, given that it is incredibly easy to falsify
shipping documents, it will be vitally important to have a effective
inspection regime. What are your plans to reach an inspection rate that
will provide an adequate deterrent for the use of maritime freight
containers for terrorism or illegal activity?
Answer. We will look at the whole system of container security,
including methods to secure containers, tracking devices, and better
targeting, to ensure the appropriateness of our container examinations.
A high-risk random examination process and further review of
examination concepts will be conducted, to ensure better, more
intensive targeting is being performed, to adequately address the
threat of terrorism in maritime freight containers.
Question 8. How will you deal with international commerce issues
that arise from the transport of hazardous or nuclear materials (i.e.,
explosives) across the Canadian and Mexican borders when international
trade laws allow such crossings? Specifically, what will TSA's role be
in completing background investigations of hazardous materials drivers
as required by the USA PATRIOT Act, and as well what steps will you
take to ensure that mariners who ship spent nuclear materials pose no
threat to our security?
Answer. TSA is in the process of developing the Transportation
Worker Identification Credential(TWIC) to provide improved perimeter
control to the national transportation system. The TWIC will allow
implementation of a uniform, nationwide standard for secure
identification of transportation workers and access control for
transportation facilities. The TWIC is intended for each of the 12
million transportation workers requiring unescorted physical access to
secure areas of the nation's transportation modes including those who
transport hazardous materials.
Intelligence
Question 9. Intelligence failures still resonate from the events of
9/11, perhaps such breakdowns played the most critical role in allowing
the terrorist plans to go forward without resistance. Provisions in
ATSA and MTSA seek to improve communication between the Federal
Government, law enforcement and the intelligence community.
a.) Are strategies being developed so that intelligence is
received, analyzed, and disseminated to the appropriate agencies that
can best make use of this?
Answer. I am mindful of the criticality of ensuring that vital
intelligence information flows quickly from those who initially receive
it to those on the front lines of border and transportation security.
One of my top priorities will be to work with the Directorate for
Information Analysis and Infrastructure Protection as well as the FBI's
Joint Terrorism Task Forces to make sure that the right information is
received, analyzed, and disseminated in the most timely and effective
fashion.
b.) What progress has been made to date on this front? How quickly
is information analyzed and disseminated to law enforcement, potential
targets and other pertinent entities? What types of impediments are
causing problems? What steps need to be taken to improve and speed the
flow of vital intelligence information from those that initially
receive it to those on the front line of transportation security that
need it?
Answer. While progress has already been made on this front, we will
certainly be looking at what steps need to be taken to improve the flow
of intelligence information. In the Directorate for Border and
Transportation Security, I believe that combining some of the resources
we will have at the borders and in the interior will facilitate and
speed up information sharing. In addition, the Department of Homeland
Security's Command Center will be a single point for disseminating
information to Federal, State, and local governments, as well as the
private sector, as appropriate.
c.) Is there a place for biometric technology in visa and even
ticketing/boarding pass systems?
Answer. I believe that there is a lot of value to be gained in
employing biometrics to secure our borders and transportations systems
and I intend to focus on that area in particular.
d.) In particular, I have concerns about the ability to coordinate
and evaluate maritime intelligence. In your capacity with DEA you have
experience with the cooperative efforts of the Joint Inter-Agency Task
Force (JIATF). Would this model provide a good basis for the
coordination of maritime intelligence?
Answer. I am familiar with the JIATF model and will consider a
similar model within BTS.
TSA
Question 10. When the Transportation Security Administration (TSA)
was created through the passage of the Aviation and Transportation
Security Act of 2001 (ATSA), Congress recognized that transportation
security was indeed an issue of ``national security.'' We understood
that building the TSA from the ground-up would require a major
restructuring of the current system of security. TSA has made good
progress on aviation matters over the year since it was established,
but now, it has been placed in the Homeland Security Department, and
many have expressed concern that the mission of the TSA will be
negatively impacted as a result of this move--significant steps remain
to protect air travel and we are just scratching the surface of
protecting other modes of transportation.
a.) Would TSA's mission have been better served by keeping it as an
independent entity until the Homeland Security Department is fully up
and functioning?
Answer. From the start, TSA's mission has been to secure our
nation's transportation systems, with particular focus on the aviation
system. Whether TSA resides at the Department of Transportation or at
the Department of Homeland Security, that mission will not change. What
will change is the closer relationship TSA will enjoy with other BTS
agencies in the new structure. Admiral Loy has done an excellent job of
standing TSA up and preparing the agency for its transfer to DHS, and I
am confident that the transfer will not affect TSA's ability to fulfill
this mission.
b.) What steps are you taking to ensure that placing the TSA in
this larger department will not cause the focus and progress that has
been made on securing the various modes of transportation to be
diminished?
Answer. Creating the Department of Homeland Security was never
intended to hinder the agencies incorporated into DHS from doing their
part to protect the homeland. Admiral Loy and TSA have had, and will
continue to have a seat at the Border and Transportation Security
Directorate table, especially with respect to policy initiatives.
Furthermore, inclusion of TSA in BTS, which also houses the Customs
Service, INS enforcement and Border Patrol, and close coordination at
the operational level and at senior management levels with the Coast
Guard and the Intelligence Directorate, will allow us to augment TSA's
already excellent presence in the aviation arena, and focus resources
most effectively in the areas where TSA's work is just beginning.
Question 11. Amtrak transports more than 23.5 million passenger and
61 million commuters per year. TSA is now considering implementing a
limited pilot program to conduct screening of passengers and baggage at
train stations. Amtrak is in a precarious financial situation and they
do not have a seurity force along the lines of the aviation screeners
employed by TSA.
While the aviation industry enjoys the services of federally-funded
TSA screeners, what can you do to ensure that Amtrak screeners receive
the same level of training and expertise to safeguard rail passengers?
Answer. For the last year, TSA's congressionally mandated mission
and allocated resources have appropriately been devoted to securing our
nation's aviation systems. However, recognizing its broader mandate to
secure all modes of transportation, TSA has entered into agreements and
Memoranda of Understanding with all of the modes of transportation,
including the Federal Rail Administration, Federal Transit
Administration and Amtrak, in order to partner with those agencies and
their constituents to leverage their limited security resources and
focus on the most significant threats. TSA will continue to work in
close partnership with those agencies to develop guidelines and
standards for the training and deployment of rail security screeners.
Question 12. Since 9/11, Amtrak has been appropriated only $105
million for security, $100 million of which is being put towards life
safety needs in tunnels below NYC, Baltimore, and Washington. I
understand there are still needs totaling $698 million in these
tunnels. But for the rest of the system, how will you ensure that
appropriate attention is focused on rail infrastructure security needs?
Answer. TSA has been working with Amtrak, states and localities,
and the Federal Rail Administration to assess vulnerabilities and focus
limited resources where they will be most effective. TSA and BTS will
continue these partnerships and working relationships, working with
them and with the Congress to ensure that rail security is given
appropriate levels of attention.
Question 13. As you know, the Bush Administration announced last
year that it would open the U.S. border to Mexican long-haul trucking,
thereby permitting Mexican trucks to travel anywhere in the United
States. That action was stayed last week by the Ninth U.S. Circuit
Court of Appeals which ruled that the government must first complete an
environmental review of the demise of a 10-year-old moratorium banning
Mexican trucks from operating in the United States. As you know, under
the USA Patriot Act, U.S. drivers who haul hazardous materials,
including explosives, must undergo a criminal history record check
before receiving a hazardous materials endorsement. Although the
Department of Transportation has not yet promulgated regulations to
conduct these checks, once they have:
a.) What steps would you take as Under Secretary of Homeland
Security for Border and Transportation to assure that Mexican truck
drivers who haul hazardous materials into the United States receive a
similar criminal history record check?
Answer. Pending the outcome of the Ninth U.S. Circuit Court of
Appeals, environmental impact decision, we will coordinate with the
Department of Transportation on the promulgation of regulations to
conduct background checks, and to potentially include criminal history
record checks on drivers entering the United States for long-haul
hazardous materials trucking.
b.) What assurances do you have that any criminal history record
check conducted by Mexican law enforcement officials can uncover anyone
that might be influenced to conduct a terrorist act against the United
States?
Answer. We've been working with our Mexican law enforcement
counterparts and look forward to maintaining and improving this
relationship.
c.) What measures would you initiate to assure that Mexican long-
haul trucking does not become a way for terrorists to smuggle an
explosive device into the United States?
Answer. Consistent with the layered enforcement approach taken by
the Administration, including background checks, criminal history
checks, and biometric identification for the long-haul drivers, in
addition to Customs Trade Partnership Against Terrorism (CTPAT)
measures to thwart terrorist attempts, we will continue to refine our
efforts.
Customs
Question 14. In general I am supportive of the Customs Department's
``Container Security Initiative (CSI).'' During your nomination hearing
you mentioned the competitive pressures driving ports to join CSI,
nevertheless, I have concerns that it may be diluted by inviting every
nation in the world to join. I would suggest that only those nations
that have the highest standards of security, the purveyance of quality
information, and that provide us with full access and the ability for
law enforcement to pursue. What sort of standards are you planning to
implement to ensure that only those nations that have the highest
security standards will be part of the container security initiative?
Answer. CSI rollout will include standards focused on volume of
containers being exported to the United States, seaport security at
that foreign location, a strong professional Customs Service with a
commitment to seaport security, rapid information sharing, and the
capability to deploy non-intrusive detection technology systems.
Countries participating will be carefully screened and vetted.
Question 15. Current devices used to examine the contents of a
shipping container use gamma ray technology that provides a picture
similar to the picture on an airport carry-on luggage machine. The
inspectors looking at these images are having to determine the
significance of different densities represented in the image. At issue
here is that a large shipping container can be full of many different
cargoes that have different densities making it more of an art than a
science to determine the difference between a legitimate shipment of
microwaves, bicycles and other items and a threatening item. How would
you encourage the development of improved technologies that will
facilitate a scientific evaluation of huge containers that may have
many different shipments and what steps will be taken to manage their
implementation?
Answer. We look forward to working very closely with the new Under-
Secretariat Directorate for Science and Technology, here within the
Department of Homeland Security, on identifying and procuring new and
improved technologies at pinpointing anomalies and discrepancies in
containerized cargo. As these technologies are identified, we will work
towards rapid procurement and deployment to our nation's ports.
Port Security Funding:
Question 16. The Senate added an amendment to the Appropriations
Bill providing $150,000,000 for developing nuclear and biological
detection technology as well as other types of technology that could
help secure U.S. seaports. This is only one aspect of port security,
and the money is for research and development, and not for the
implementation of physical security enhancements needed to comply with
MTSA. The Coast Guard has preliminarily estimated compliance costs to
be much closer to $7 billion. What are the priorities and potential
methods for funding port security?
Answer. The Maritime Transportation Security Act just passed by
Congress offers a systematic approach of defining responsibilities,
creating standards, assessing vulnerabilities, and authorizing funds to
address those vulnerabilities. It prescribes a number of actions that
include conducting port vulnerability assessments, to accurately
identify and prioritize the security weaknesses in each our nation's
361 seaports. This is critical to understanding where to invest the
public and private monies to provide the best security return on that
investment. One of my top priorities will be to conduct these
assessments as quickly as possible. We will apply available funds to
address the greatest risks in the most vulnerable ports, and employ
matching fund grants authorized by the Act to develop the public-
private sector approach that maritime security requires.
Rail Security Concerns:
Question 17. After 9/11, the freight rail industry took steps to
improve security throughout the system, including developing an
industry-wide threat response plan. Do you feel the rail industry
efforts are sufficient to safeguard rail infrastructure from the
possibility of sabotage and other security risks?
Answer. The steps taken by the rail industry are important first
steps to improve security for our nation's surface transportation
system. We are committed to working in partnership with the rail
industry to improve security by conducting risk assessments, assessing
threat vulnerabilities and issuing performance-based security
standards.
______
Response to Written Questions Submitted by Hon. Frank Lautenberg
to Asa Hutchinson
Question 1. Mr. Hutchinson, controversy has surrounded the
appropriateness of using racial profiling for transportation security.
Secretary of Transportation Norman Mineta has made some strong
statements about the counter-productiveness of racial profiling. What
are your perspectives on the usefulness of racial profiling for
maintaining transportation security?
Answer. I do not believe that treating citizens differently on the
basis of race or ethnicity is appropriate, and I will ensure that the
employees of the Department do not engage in any form of unlawful
discrimination. I will make it clear that racial discrimination will
not be tolerated, and I will pay close attention to any concerns
expressed by the Officer for Civil Rights and Civil Liberties along
these lines, as well as complaints or concerns raised by citizens or
interest groups.
Question 2. Three million containers annually are moved in the port
of New Jersey and New York, the second largest amount in the nation. In
the FY 03 budget, we will have some $300 million for port security
between the bill and the supplementals. Yet, the Coast Guard estimated
that over $7 billion could be needed to improve the security of
vulnerable facilities near water and vessels that could be involved in
a ``transportation security incident.'' We are obviously nowhere near
the levels of funding needed right now. Clearly, there is a great need
for increasing funding for port security. Given the President's budget
cuts and fiscal restraints, how are we going to effectively protect our
ports?
Answer. The Maritime Transportation Security Act just passed by
Congress offers a systematic approach of defining responsibilities,
creating standards, assessing vulnerabilities, and authorizing funds to
address those vulnerabilities.
It prescribes a number of actions that include conducting port
vulnerability assessments, to accurately identify and prioritize the
security weaknesses in each our nation's 361 seaports. This is critical
to understanding where to invest the public and private monies to
provide the best security return on that investment. One of my top
priorities will be to conduct these assessments as quickly as possible.
We will apply available funds to address the greatest risks in the most
vulnerable ports.
BTS agencies have initiated a number of other programs to improve
port security. These include efforts to push the borders overseas, such
as the Container Security Initiative, Operation Safe Commerce, Customs
Trade Partnership Against Terrorism, Operation Safe Commerce. These
complement International Maritime Organization initiatives that will
enhance international shipping security. Importantly, the consolidation
of many port agencies into BTS will allow greater coordination and
information sharing.
______
Response to Written Questions Submitted by Maria Cantwell
to Asa Hutchinson
Question 1. In your confirmation hearing, you emphasized that you
found being out in the field valuable experience. Washington is the
most trade-dependent state in the nation, and one in three jobs in my
state depends on trade. Our land border generates an estimated $35
million a day, providing thousands of jobs for the Washington economy.
Our seaports move over $56 billion in trade annually, and the Port of
Seattle alone supports 165,000 jobs. Staying competitive is critical
for our ports as they are often directly competing with their Canadian
counterparts just 90 miles north. At the same time, both our port and
land borders are some of the most vulnerable due to their proximity to
large population bases, and we have an unfortunately proven record of
terrorist activity.
Given the unique challenges that my state is facing, as the
Department of Homeland Security moves to create a more integrated
approach to border security, would you commit to making a trip to
Washington state to tour our border and port infrastructure this year?
Answer. Creating a port environment that is both secure and
competitive is the balance that Homeland Security must work to achieve.
It would be very helpful for me to see first-hand the challenges faced
by the Port of Seattle and the State of Washington with regard to your
border and port infrastructure. I certainly will commit to making every
effort to travel to Washington State this year as you requested.
Question 2. You were asked a number of questions about port and
container security and the need to secure containers before they reach
our ports. The Port of Seattle for example, is only five blocks away
from Safeco Field and Seahawks Stadium. How will you seek to develop
bilateral security agreements and build an international consensus with
our trading partners on security protocols to ensure that cargo is safe
before it sets sail for the U.S.?
Answer. Developing international partnership to improve cargo
security is essential to protecting the homeland, and it shares the
responsibility for security across the board. I will support these
objectives by continuing the Container Security Initiatives of U.S.
Customs and expanding the number of nations participating in the
bilateral security efforts.
______
Response to Written Questions Submitted by Hon. Gordon Smith
to Asa Hutchinson
Question 1. TSA and airport coordination--The Federal Government
and individual airports have worked well together to protect the safety
and security of the traveling public. I would like to commend Admiral
Loy for doing a tremendous job to reach out to individual airports and
addressing their specific concerns while also seeking their involvement
and guidance in many areas. How do you intend to foster continued
involvement and input from airports across the country?
Answer. As airport security continues to be strengthened and
adjusted to address threat assessments, it is essential to have a close
partnership with the airport managers and the various associations
representing large and small airports. I will be sure that Admiral Loy
and TSA representatives continue to work with the individual airports
to know of their concerns and the partner with them to the largest
extent possible to address security issues which are a priority to all.
In addition, I will personally meet with Airport Managers and
Association representatives as I inspect airports across the country.
Finally, as policy decisions are made, it is important to consult with
affected parties, including airports, to weigh the impact of policy
decisions.
Question 2. Partnerships between TSA and aviation groups--What
public or private initiatives and partnerships have been formed to
promote security in the advent of the war on terrorism within our
nation's borders?
Answer. TSA has formed partnerships with aviation association such
as the Air Transport Association, Regional Airline Association, Cargo
Airline Association, American Association of Airport Executives and
Airports Council International, North America. TSA has also formed
partnerships with the Airline Pilots Association and the Aircraft
Owners and Pilots Association. These associations are the points of
contact for TSA in promoting aviation security within our nation's
borders. TSA has developed highly effective relationships with these
associations and is in daily contact with them regarding operational,
policy, security and safety matters that affect all facets of the
airline industry.
Question 3. Immigration Concerns--My state has had a very negative
history with the former INS District Director in Oregon. How will you
ensure that local immigration offices will be accountable to local
concerns and the effects of enforcement on local and state economies?
Answer. The structure of INS will change as it moves over to the
Department of Homeland Security on March 1. There will be a division of
responsibility for INS Services, INS Enforcement and INS Shared
Services.
If confirmed, I will be responsible for INS Enforcement oversight.
This division of responsibility will give DHS leadership an opportunity
to hold INS officials more accountable to local concerns. It is
important to have an ongoing discussion with local leaders on the
effects of enforcement and to address, as appropriate, the concerns of
local leaders. I will foster this type of interchange with the INS
Enforcement Agency.
In addition, within the BTS Directorate, an Office of Professional
Responsibility and Quality Review will be established to address
assessment of management and quality of operations.
Question 4. Oregon students, businesses and tourists have been
adversely affected by lengthy security clearance delays at various
embassies and consulates. What measures will you take to ensure that
these clearances are processed timely to support the flow of business,
while continuing to maintain our nation's security and protect our
border?
Answer. We will work with the Departments of State and Justice to
ensure the sharing of information among databases and to improve the
timely flow of information to embassies and consulates. Under the
authority given to us in the Homeland Security Act, we will be
deploying employees to embassies and consular posts to develop programs
of homeland security training for consular officers, review visa
applications and facilitate the clearance process. Obviously, DHS has a
responsibility to protect America from those who would abuse the visa
procedures. It is our hope to accomplish this objective without unduly
delaying legitimate visa applications.