[Senate Hearing 110-528]
[From the U.S. Government Publishing Office]
S. Hrg. 110-528
NOMINATIONS OF ROBERT D. JAMISON AND W. ROSS ASHLEY III
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
ROBERT D. JAMISON TO BE UNDER SECRETARY FOR NATIONAL PROTECTION AND
PROGRAMS, AND W. ROSS ASHLEY III TO BE ASSISTANT ADMINISTRATOR FOR
GRANT PROGRAMS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S.
DEPARTMENT OF HOMELAND SECURITY
__________
NOVEMBER 9, 2007
__________
Available via http://www.gpoaccess.gov/congress/index.html
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Committee on Homeland Security and Governmental Affairs
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kristine V. Lam Research Assistant
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Jennifer L. Tarr, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
C O N T E N T S
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Opening statements:
Page
Senator Lieberman............................................ 1
Prepared statements:
Senator Warner............................................... 4
Senator Collins.............................................. 19
Senator Akaka................................................ 19
WITNESSES
Friday, November 9, 2007
Robert D. Jamison to be Under Secretary for National Protection
and Programs, U.S. Department of Homeland Security............. 3
W. Ross Ashley III to be Assistant Administrator for Grant
Programs of the Federal Emergency Management Agency, U.S.
Department of Homeland Security................................ 5
Alphabetical List of Witnesses
Ashley, W. Ross III:
Testimony.................................................... 5
Prepared statement........................................... 109
Biographical and professional information.................... 114
Responses to pre-hearing questions........................... 123
Letter from U.S. Office of Government Ethics................. 160
Responses to post-hearing questions.......................... 161
Jamison, Robert D.:
Testimony.................................................... 3
Prepared statement........................................... 21
Biographical and professional information.................... 25
Responses to pre-hearing questions........................... 32
Letter from U.S. Office of Government Ethics................. 68
Responses to post-hearing questions.......................... 69
NOMINATIONS OF ROBERT D. JAMISON AND W. ROSS ASHLEY III
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FRIDAY, NOVEMBER 9, 2007
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:07 a.m., in
Room SD-342, Dirksen Senate Office Building, Hon. Joseph I.
Lieberman, Chairman of the Committee, presiding.
Present: Senator Lieberman.
OPENING STATEMENT OF CHAIRMAN LIEBERMAN
Chairman Lieberman. The hearing will come to order. Good
morning to everyone. Thanks for being here at this early hour,
although probably I was up later than any of you last night
because we were here voting until after 11 p.m.
We are here to consider nominees to two very important
positions at the Department of Homeland Security. The first is
Robert D. Jamison, who has been nominated to be Under Secretary
of the Department of Homeland Security with responsibility for
the National Protection and Programs Directorate (NPPD). Second
is W. Ross Ashley III, nominated to be Assistant Administrator
for FEMA in charge of Grant Programs.
Both of these jobs cover critical aspects of our homeland
security, a wide range from cyber security to ensuring that our
State and local partners have the resources they need on the
front lines of our defense against all disasters, whether
natural or man-made.
If confirmed, these two nominees before us today will have
to work closely with our Nation's first responders, with the
private sector, and with State and local officials to provide
overall strategic guidance and support. I would say that as
this Committee--from which the original proposal to create the
Department of Homeland Security came--continues our oversight
of the Department, I feel some satisfaction that we have made
substantial progress in improving the capacity of the Federal
Government to both prevent and respond to disasters, whether
natural or terrorist. But I think we all agree that we have
some way to go to get us to where we need to be in this threat
environment. And it is in that cooperative spirit that I look
forward to this hearing.
[The prepared statement of Senator Lieberman follows:]
PREPARED STATEMENT OF SENATOR LIEBERMAN
Thank you all for coming today. We are here to consider nominees to
two important positions at the Department of Homeland Security. The
first is Robert D. Jamison, who has been nominated to be Under
Secretary of DHS, with responsibility for the National Protection and
Programs Directorate (NPPD), followed by W. Ross Ashley III, nominated
to be Assistant Administrator for FEMA in charge of grant programs.
Both jobs cover critical aspects of our homeland security from
cyber security to ensuring that our State and local partners have the
resources they need on the front lines of our defense against all
disasters, whether natural or man-made.
The post Mr. Jamison has been nominated to is relatively new and
consists of a medley of responsibilities, including cyber security,
infrastructure protection, foreign traveler screening, emergency
communications, and risk analysis.
I have several concerns that I'd like to discuss with Mr. Jamison.
The Department continues to work with the private sector to ensure risk
assessments are performed for the Nation's most critical
infrastructure, although, we are behind in this effort. The process
must be sped up as experience tells us terrorists are likely to target
large structures and systems that will cause maximum havoc.
The Department must also move ahead expeditiously with the new
chemical site security program, and must ensure that the program is
sufficiently rigorous to significantly reduce this homeland security
vulnerability.
The Office of Infrastructure Protection is heavily dependent upon
outside contractors. Half the office staff is made up of contractors.
As a matter of fact, 42 percent of the grants program directorate is
also made up of contractors--and they are performing key functions like
helping figure out the methodology by which we allocate grants. The
Government Accountability Office recently testified before this
Committee that overdependence on contractors deprives the government of
the institutional knowledge it needs to perform its functions over the
long run. I will want to know how Mr. Jamison and Mr. Ashley plan to
prevent this from happening within their areas of authority at DHS.
We also face serious challenges protecting government computer
systems and databases, another area that will fall within Mr. Jamison's
portfolio. With persistent vacancies in key positions, and all too
frequent reports of missing computers and lost equipment, everyone
agrees we have not made sufficient progress, given the threats that
exist to our cyber systems.
I am pleased, however, that the Department is now busy working on
how to address many of these cyber security problems in a coordinated
way. Just this week, the Administration announced its new Cyber
Initiative to strengthen the protection of all government systems and
databases. The program is still under development, and of course much
about it remains classified, but I look forward to hearing as much
detail as can be discussed in a public setting.
The position to which Mr. Ashley has been nominated--Assistant FEMA
Administrator, heading the Grant Programs Directorate--is of special
interest to me for a couple of reasons. I have made it a point over the
past 4 years to work as hard as I could to obtain extra funding for our
under-trained and under-equipped police officers, firefighters, and
emergency medical workers who are on the front lines of the disasters
that strike American communities.
In February, for the fourth year in a row, the President's FY 2008
budget request for the Department of Homeland Security would have cut
crucial support for these brave men and women--slashing overall
homeland security grant funding by a staggering 40 percent. That is
unconscionable to me and would have been tantamount to disarming in the
middle of a war. I hope you recognize the ongoing needs of first
responders, Mr. Ashley, and I look forward to hearing your views on
grant budgeting.
I am also keenly interested in grants because of legislation we
passed earlier this year to fulfill most of the remaining 9/11
Commission recommendations. That measure, now signed into law, calls
for substantial funding increases for training, planning, and new
equipment for first responders.
Furthermore, we finally settled a year-long dispute over how to
dispense homeland security grants in a way that would provide even more
anti-terrorism funding on the basis of risk, while giving each State a
smaller percentage of guaranteed funding for some basic level of
preparedness. We also authorized more funding for key programs designed
to help all States prepare for natural disasters and other threats.
Implementation of this provision is very important to me, Mr.
Ashley, so I look forward to hearing your plans.
If confirmed, these two nominees before us today will have to work
closely with our Nation's first responders, with the private sector,
and with State and local officials to provide overall strategic
guidance. We have made important strides, but still have much to do to
protect our critical infrastructure, while also preparing ourselves for
the next disaster that inevitably will come. Thank you.
Senator Liberman. I will have several questions to ask
after you make your opening statements, which I hope will allow
us to have a conversation about some of those issues.
Both nominees have filed responses to a biographical and
financial questionnaire. They have answered pre-hearing
questions submitted by the Committee and had their financial
statements reviewed by the Office of Government Ethics. Without
objection, this information will be made a part of the hearing
record with the exception of the financial data, which are on
file and available for public inspection in the Committee
offices.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath. Mr.
Jamison and Mr. Ashley, would you please stand and raise your
right hand?
Do you swear that the testimony you are about to give to
the Committee will be the truth, the whole truth, and nothing
but the truth, so help you, God?
Mr. Jamison. I do.
Mr. Ashley. I do.
Chairman Lieberman. Thank you. Please be seated.
We will begin with Mr. Jamison. I understand you have
family here with you today, and I would be delighted to have
you introduce them to us, and then proceed with your statement.
Mr. Jamison. Thank you, Mr. Chairman. My wife, Meg, and my
daughters, Elizabeth and Caroline, are here. I would like to
thank them for their support not only today but every day
leading up to it.
Chairman Lieberman. You know, all the tough questions I had
prepared, looking at those two adorable girls, I think I am
just going to throw them out. [Laughter.]
Mr. Jamison. Thank you, sir.
Chairman Lieberman. Go right ahead.
TESTIMONY OF ROBERT D. JAMISON,\1\ TO BE UNDER SECRETARY FOR
NATIONAL PROTECTION AND PROGRAMS, U.S. DEPARTMENT OF HOMELAND
SECURITY
Mr. Jamison. Mr. Chairman, thank you for the opportunity to
appear before you today. I am very grateful to President Bush
and Secretary Chertoff for their confidence in my ability to
lead the National Protection and Programs Directorate. I
believe in the missions of the Department of Homeland Security
and the Directorate and know they are critical to our Nation's
security.
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\1\ The prepared statement of Mr. Jamison appears in the Appendix
on page 21.
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Serving in the Federal Government with thousands of people
who take part in the many different aspects of securing the
Nation, its people, and its critical assets and systems has
been an honor. I appreciate the opportunity I have had in the
past few weeks to communicate with the Committee about my
professional experience and work that I have done in the
public, private, and not-for-profit sectors.
In my roles at the Department of Transportation and the
Department of Homeland Security, as well as in my positions at
the American Red Cross and United Parcel Service, I have relied
on three fundamental principles that I learned very early in my
career: Have a commitment to attract and retain skilled people,
focus on outcome-based results, and instill and insist on a
culture of accountability and integrity. Those are the
fundamentals I have focused on since I was named Deputy Under
Secretary of NPPD in April, and those are the fundamentals I
will continue to pursue if confirmed.
NPPD is a diverse organization with an important cross-
cutting, binding mission of risk reduction. I believe in the
mission and, if confirmed, would continue to strive for
improvement.
I know that you and many of the Members have concerns about
the stability of the Directorate and question if we are
prepared for a transition of administrations. I firmly believe
that an overarching goal for the Directorate must be its
successful growth and stabilization. For that reason, the
maturation of the Directorate must be a top priority that I
will continue to pursue if confirmed.
One issue with relevance to maturing the Directorate is
NPPD's use of contractor staff. As we evaluate this usage and
convert contract staff to full-time Federal staff where
appropriate, we will strike the balance that makes the
Directorate more efficient and ensures that we have the skills
necessary to position the Directorate for future success.
NPPD's broad and important portfolio demands dedicated
stewardship. If confirmed, I would commit to strengthening an
organization that works closely with the Department's security
partners and stakeholders across the country. NPPD would also
continue to be an organization that respects and relies on the
direction and guidance provided by the Administration and
Congress. If confirmed, I intend to work closely with and draw
from all the individuals and entities able to assist the
Directorate in fulfilling its mission.
I believe that NPPD, in addition to having a critical
mission, is the right place to serve for those who are highly
skilled, highly motivated, and profoundly dedicated to the
security of our Nation. If confirmed, I will be proud to serve
alongside the men and women of NPPD. Thank you.
Chairman Lieberman. Thanks very much, Mr. Jamison, for that
opening statement. I appreciate what you said.
Mr. Ashley, I want to note for the record that Senator John
Warner, our dear friend and colleague from Virginia, had hoped
to be here to introduce you this morning but had a scheduling
conflict and is unable to be here. Senator Warner has submitted
a statement of introduction and, I might say, great praise, and
without objection, we will place it in the record.
[The prepared statement of Senator Warner follows:]
PREPARED STATEMENT OF SENATOR WARNER
Chairman Lieberman, Senator Collins, and my other distinguished
colleagues on the Senate's Homeland Security and Governmental Affairs
Committee, I thank you for holding this confirmation hearing today.
Today, I am pleased to introduce a Virginian, Ross Ashley, who has
been nominated to serve as the Assistant Administrator for Grant
Programs, Federal Emergency Management Agency, Department of Homeland
Security. He is joined today with his family including his wife,
Lauren, his daughter, Catherine, his sons Cailan and Patrick, his
mother, Brenda Dumas, and his brother Major John Ashley. I understand
that his youngest daughter, Caroline, is not here today.
Mr. Ashley graduated from Tabb High School in Yorktown, Virginia,
and subsequently earned his B.A. degree in International Studies from
George Mason University in 1989 and M.S. in Strategic Intelligence from
the Joint Military Intelligence College. From 1997 to 2004, Mr. Ashley
served in the Air Force Reserves as an Intelligence Officer. He retired
at the rank of Captain. In addition, from 1984 to 1997, Mr. Ashley
served in the Virginia Air National Guard in Richmond, Virginia. Mr.
Ashley has received numerous accolades for his military service.
The job of Assistant Administrator for Federal Grant Programs is a
critical one, tasked with responsibility of overseeing a comprehensive
assortment of grant programs at FEMA ranging from funding for
communications equipment for first responders to funding for the hiring
of firefighters. Due to the breadth of FEMA's grant programs, this job
requires an individual with significant involvement in executing
complex grant programs. Mr. Ashley has past work experience advising
entities participating in the Federal grant process.
Mr. Ashley has almost 20 years of experience and expertise as an
officer or executive at a diverse set of companies ranging from a non-
profit provider of services to individuals with disabilities to high-
tech companies. Through his various positions, including Director of
Law Enforcement Technologies at ISX Corporation and as President and
Chief Operating Officer at The Templar Corporation, Mr. Ashley has
concentrated his work on information operations, strategic planning and
execution, strategy assessment, operations analysis, team development,
and project management which are all areas of critical expertise for a
grant program administrator.
I am pleased to introduce Mr. Ashley today and I urge the Committee
to give him every appropriate consideration.
Chairman Lieberman. Mr. Ashley, I believe you have some
family here also. We would welcome their introduction and then
your opening statement.
Mr. Ashley. First off, my wife, Lauren, is here; my son,
Cailan; daughter, Catherine; and our other son, Patrick. We
also have a 2-year-old, Caroline, that we thought best not to
be here today.
Chairman Lieberman. Am I getting older or are the nominees
getting younger? [Laughter.]
Mr. Ashley. My mother, Brenda Dumas, is also here visiting
from Alabama.
Chairman Lieberman. That is great.
Mr. Ashley. My brother, Major John Ashley; my sister-in-
law; and aunt- and uncle-in-law and cousin-in-law are here as
well.
Chairman Lieberman. That is great. I cannot resist one of
my favorite one-liners, which is that somebody, noting the
presence of your mother-in-law, somebody said to me when they
met my mother-in-law, which is that behind every successful
man, there is a surprised mother-in-law. [Laughter.]
Apparently your mother-in-law agrees with that.
Mr. Ashley. ``Shocked'' might be appropriate.
Chairman Lieberman. OK, Mr. Ashley, go right ahead.
TESTIMONY OF W. ROSS ASHLEY III\1\ TO BE ASSISTANT
ADMINISTRATOR FOR GRANT PROGRAMS OF THE FEDERAL EMERGENCY
MANAGEMENT AGENCY, U.S. DEPARTMENT HOMELAND SECURITY
Mr. Ashley. Good morning, Mr. Chairman. My name is Ross
Ashley, and I would like to thank Senator Warner for his
statement of support as well.
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\1\ The prepared statement of Mr. Ashley appears in the Appendix on
page 109.
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I am appearing before you today as the nominee for
Assistant Administrator for Grant Programs at the Federal
Emergency Management Agency within the Department of Homeland
Security. It is a great honor to be nominated by the President
for this position and to have the opportunity to answer the
questions as you consider my nomination. I cannot express how
honored I am to be nominated for a position that will continue
to further preparedness, response, and recovery capabilities of
our State, local, and tribal partners and of our Nation as a
whole.
I would like to begin today by thanking my wife, Lauren,
for her patience and encouragement over the last 10 years as
our family has grown. As each of you know, public service
requires dedication and commitment from the whole family.
Also with us today are our oldest daughter and two sons--
Catherine, Cailan, and Patrick--who inspire me with the
eagerness with which they approach the start of every day. Our
2-year-old daughter, Caroline, thought best to hold down the
fort while the rest of the family came to the hearing today. My
mother is here from Alabama, and I would like to thank her for
making the trip to be with us.
I have had the privilege of growing up in a family full of
public servants. My father retired from serving both in the
U.S. Air Force and the National Guard, and my mother worked in
rural Mississippi as a social worker. My brother, Major John
Ashley, is here today from serving on active duty in the
National Guard. John is the true picture of the citizen
soldier, having piloted F-16s on multiple combat deployments to
Iraq and now preparing himself and others for deployment again
in a new theater-based reconnaissance aircraft. John, his wife,
Tracy, and their four children's dedication to their country is
an inspiration to all of us who know them.
If confirmed as Assistant Administrator for Grant Programs,
my responsibility will be to ensure that Federal investment
into State, local, and tribal preparedness, response, and
recovery capabilities provides the greatest return on
investment for the American public. I will bring to this
position many years of experience of military service,
financial management, and executive leadership. I spent 20
years in the National Guard and Reserves, serving both as an
enlisted member and as a commissioned officer. Early in my
National Guard career, I volunteered on a number of occasions
to fill sandbags and to pre-position supplies and equipment in
order to prepare for hurricanes and floods threatening the
Commonwealth of Virginia. Immediately following September 11,
2001, as a reserve officer I volunteered to augment active-duty
personnel at the Pentagon, manning a 24-hour intelligence watch
center.
From the time I was 18 years old, the educational and
professional opportunities afforded me in the National Guard
have been the foundation for every endeavor in my life, and if
confirmed, I will bring this foundation with me to this new
challenge.
One of the most important aspects of this position is to
ensure that Federal investments and partnerships with State,
local, and tribal first responders provide support to meet the
National Preparedness Guidelines and the Target Capabilities
List. This process requires financial experience in grant
programs, fiscal responsibility, and accountability.
Since 1997, I have had the opportunity to work as a
commercial partner with State, local, and tribal first
responders, specifically in the areas of information sharing,
incident management, and communications interoperability. As
the founder and president of the Templar Corporation, I worked
with individual States and localities on regional information
sharing grants and supported all aspects of the grants process,
from interpretation of guidance, preparation of submission
packages, and financial and programmatic compliance. If
confirmed, I believe I will bring the necessary perspective of
our State, local, and tribal partners to the execution of all
grant programs.
Prior to September 11, 2001, I supported the initial
efforts to provide regional interoperable capabilities to our
Nation's first responders. Shortly after the killing of Gianni
Versace in 1997, it was discovered that his killer, Andrew
Cunanan, pawned property under his real name while there was a
nationwide manhunt underway for his apprehension. As a result
of this and other multijurisdictional events, I worked with the
Department of Justice and other partners to develop a real-time
distributed information-sharing system for Broward, Brevard,
and Monroe Counties in South Florida. Since these early
efforts, I have had the opportunity to support similar
interoperability efforts for both voice and data communications
in a number of States and multi-jurisdictional regions, to
include the National Capital Region.
My financial management experience includes efforts with my
business partner to mortgage our houses and start a successful
small business, participating in complex multi-million-dollar
corporate sales in both the commercial and nonprofit sectors,
and leading a high-performance financial management team in the
turn-around of a challenged nonprofit.
As the CEO of an 1,100-person nonprofit, I was responsible
for multiple cost centers and funding agencies at both the
State and Federal levels that cut across all aspects of the
lives of people with developmental disabilities. When I took
over as CEO of the National Children's Center, the previous
year audit included 32 findings of significant deficiency.
Working with and leading a great team, we were able to, in one
short year, reduce the number of auditing findings to two,
neither of which was in the area of financial management.
It is also critical at this point to ensure that the
resulting organizational changes in grant programs have a
minimum effect on our stakeholders. Over the years, working
with States and localities, one of the common themes in grant
programs is the need for consistency year over year. If
confirmed, I will ensure that the transition to a one-stop shop
for grant programs continues to fully support all of our
stakeholders. In addition, if confirmed, I am committed to an
effective transition to the next Administration and will ensure
that my successor has all the tools necessary to continue the
tremendous work already accomplished by this Congress and the
Administration.
Our Nation's grant programs are critical to ensure adequate
all-hazard planning and operational capabilities for emergency
managers, firefighters, law enforcement, medical response, and
everyday citizens. If confirmed, I look forward to working with
Administrator Paulison, the FEMA leadership team, across the
Department of Homeland Security, and with all of our partners,
continuing the efforts to develop a new FEMA and a culture of
preparedness across our society.
In closing, the Congress continues to support the efforts
of our Nation's first responders and has provided the necessary
guidelines in the Post-Katrina Emergency Reform Act of 2006 and
the Implementing Recommendations of the 9/11 Commission Act. If
confirmed, I welcome the opportunity to continue these efforts
to support our Nation's first responders and respectfully ask
this Committee to confirm my nomination to serve as Assistant
Administrator for Grant Programs at the Federal Emergency
Management Agency within the Department of Homeland Security.
I want to thank you, Mr. Chairman, for the opportunity to
appear before you, and I would be happy to answer any questions
you may have.
Chairman Lieberman. Thanks very much, Mr. Ashley.
I am going to start my questioning with the standard
questions we ask of all nominees, and in the interest of
efficiency, I will ask them of both of you simultaneously.
Is there anything you are aware of in your background that
might present a conflict of interest with the duties of the
office to which you have been nominated?
Mr. Jamison. No.
Mr. Ashley. No, sir.
Chairman Lieberman. Thank you. Do you know of anything,
personal or otherwise, that would in any way prevent you from
fully and honorably discharging the responsibilities of the
office to which you have been nominated?
Mr. Jamison. No.
Mr. Ashley. No, sir.
Chairman Lieberman. And, finally, do you agree without
reservation to respond to any reasonable summons to appear and
testify before any duly constituted committee of Congress if
you are confirmed?
Mr. Jamison. I do.
Mr. Ashley. Yes, sir.
Chairman Lieberman. Thank you very much.
Mr. Jamison, I think what I will do is go back and forth,
one question to each. Let me begin with the Cyber Security
Initiative, which is a very important part of the new world of
attack and defense.
On Tuesday of this week, President Bush sent to Congress an
amendment to the fiscal year 2008 budget request, reallocating
funds to protect Federal civilian agency networks. This change
is part of a new governmentwide effort on cyber security
called, as you know, the Cyber Initiative. The request includes
an increase of $115 million for cyber security within the NPPD
at the U.S. Computer Emergency Readiness Team, also known as
US-CERT. This increase would more than double the current
budget of the Department for cyber security.
I wanted to ask you whether you believe this new initiative
will fundamentally alter the approach that the Department has
taken toward cyber security, and in answering that question to
the best of your ability, tell us what you think are the
current capabilities of the Department relating to cyber
security. And I would say that I understand that certain parts
of the program are classified, and I respect that. But also I
understand that many details are unclassified, and I would like
you to speak from that base of information.
Mr. Jamison. Yes, sir. First of all, I do believe this is a
fundamentally new approach, but I believe it builds upon the
capabilities that we have in US-CERT. US-CERT has a 24-by-7
response capability and provides a valuable service to respond
and analyze the threat environment. And I must say that we at
DHS, as well as in the Administration, are very concerned about
the cyber threat and the fact that attacks are more prevalent,
more focused, and more sophisticated. And as a result----
Chairman Lieberman. We are seeing such attacks, aren't we?
Mr. Jamison. Yes, we are.
Chairman Lieberman. Yes.
Mr. Jamison. And they are more frequent. And as a result,
we have an interagency effort that is looking differently at
cyber security.
But our approach and the role that DHS is going to play in
that is really a more aggressive approach to some of the
current capabilities that we have most fundamentally.
Currently, we have a capability to do intrusion detection with
an Einstein Program. We want to get much more aggressive and
ramp that out across the Federal Government. We also want to
look at how we are managing the security policies and standards
across the Federal Government, and US-CERT will play a much
more prominent role in that.
But it really builds on fundamental capabilities. I cannot
say enough about the technical expertise that we have in US-
CERT, and this initiative will dramatically ramp up that
capability, add more staff to do more analysis of threats and
allow us to respond as a government comprehensively, and have
us have better situational awareness on what is happening
across the dot-gov network.
I would be very happy, as we have done with your staff, to
give you a detailed classified briefing on some of the
classified parts of that initiative. But to reiterate your
first point of the question, I do think it is a fundamentally
different approach, but it builds on our current capabilities.
Chairman Lieberman. I appreciate it, and I would like to do
that. Let me ask you one related question. Given that the
majority of the cyber infrastructure is owned privately by
industry, will this initiative also help monitor and protect
those systems?
Mr. Jamison. What we are talking about in the Cyber
Initiative for 2008 is focused on the dot-gov network.
Chairman Lieberman. Right.
Mr. Jamison. But just as we saw recently with the
visibility that the control system vulnerability got in the
U.S. that we have been working on at DHS with our interagency
partners and with the public-private partnership, we must not
forget about the vulnerabilities to our critical infrastructure
and the threat that exists in the cyber domain. So we are going
to continue to work those partnerships just like we have
through the NIP Partnership Framework, continue to roll out
mitigation measures, and to look at that.
But the main focus of the Cyber Initiative is to focus in
2008 on the dot-gov networks and try to get more secure in that
area.
Chairman Lieberman. Good.
Mr. Ashley, let me ask you a couple of questions related to
the Federal Government's attempt to enhance terrorism
prevention efforts at the State and local level. The National
Strategy for Homeland Security says that ``State, local, and
tribal governments which best understand their communities,
will always play a prominent front-line role in helping to
prevent terrorist attacks.'' And I could not agree more.
Could you describe what steps you will take to ensure that
State and local law enforcement are full partners in national
prevention efforts to defeat Islamist terrorism which the
Department and the FBI have identified as the greatest threat
to the homeland?
Mr. Ashley. Yes, sir. I agree wholeheartedly with your
statement there as far as the people on the ground that
understand best our communities are State, local, and tribal
first responders. The efforts that will continue to make a big
difference in this area are cross-discipline fusion centers for
the law enforcement community. And when I say cross-discipline,
I am also including the rest of the first responder community
there because I think it is very important for the continued
efforts of preparedness planning to look across all
disciplines, be it emergency managers, firefighters, law
enforcement, or medical response.
Continuing those planning initiatives, many people say that
planning is critical and the plan is worthless. I think that as
we enhance the fusion center efforts and as we enhance planning
capabilities across disciplines, this will begin to break down
some of those barriers and allow people to start sharing
information across these disciplines.
Chairman Lieberman. That is very important. Let me go to a
different part of it. This Committee held a hearing last week--
a very important hearing to me, and I think to the Committee--
in which local police officers from New York, Los Angeles,
Kansas City, and Miami-Dade County testified about the
importance of outreach and forging bonds with local Muslim-
American communities that are essential in preventing the
spread of Islamist radicalization and extremism. But they all
testified that they have not yet been able to use their
homeland security grants for such efforts.
The Implementing Recommendations of the 9/11 Commission
Act, as we call it, provides the FEMA Administrator flexibility
to allow State and local communities to spend homeland security
grants on ``any appropriate activity'' relating to preventing,
preparing for, protecting against, and responding to acts of
terrorism.
Will you indicate to us that you are going to do what you
can to ensure that the upcoming grant guidance will authorize
the use of grants by State, county, and local law enforcement
for the kind of community outreach that I have talked about?
Mr. Ashley. Of course, I am not aware of what is currently
written in the fiscal year 2008 grant guidance. However, I will
tell you that I think it is critical that outreach is conducted
by State and local partners, and I meant that in many different
ways, whether it is reaching out to a local Muslim community or
whether that is reaching out to the commercial businesses that
may have assets that are required and such like that. Also,
from the standpoint of privacy, as we begin to stand up these
fusion centers across the country, I think it is critical that
community buy in to the process so there is not this vision of
a green door that the community is unaware of what is going on.
So I am committed to working with Administrator Paulison and
expressing those, if confirmed for the position, yes, sir.
Chairman Lieberman. I appreciate that. To say what you
know, the 750,000 county, State, and local law enforcement
people around the country, they are really a mighty force to
implement everything we are trying to do at the Federal level
to detect and prevent and, God forbid, have to respond to a
terrorist attack. They seem quite ready to get at this. I was
impressed last week that these four departments took this
initiative on their own, and right now they are supporting it
entirely, as far as I can determine, through locally generated
revenues.
There are, in fact, in my staff's investigation of this
matter, some police departments in communities that have
significant Muslim-American communities that are not doing any
of this outreach, and we will talk about that. But I hope that
you can both urge and support them getting involved in it.
Do you have any thoughts about how you might more broadly
involve other first responders? I am thinking particularly of
firefighters and emergency medical personnel.
Mr. Ashley. Sure. I think that one of the things that you
all envisioned in this Congress when it came to putting grants
all into one location is one of the expectations is that we
would look across all of those grant programs to ensure the
best possible preparedness. I think there is an opportunity
now, with the grants being in a consolidated, one-stop-shopping
environment, to begin looking at the guidance as it goes across
disciplines and to continue to encourage things like the
Regional Transit Working Group's participation on the UASI
programs and that cross-discipline planning and coordination.
As far as bringing the law enforcement and emergency
managers group together, again, as we start standing up these
fusion centers, we have the opportunity to write into grant
guidance how those relationships will interact with emergency
management centers across the country. A lot of this is
unwritten and new at this point, and there are a lot of new
cultural barriers that are beginning to come down at the grass-
roots level. And I think that by doing that at the Federal
level, by putting everything in the same department, it also
gives us an opportunity to organize inside of the Grant
Programs Directorate, so there is that cross-pollination across
those grant programs, whether it is firefighters, emergency
managers, law enforcement, or medical response.
Chairman Lieberman. I agree. You are coming on at an
important time at the beginning of this reorganized function to
make it work, so I appreciate that.
Mr. Jamison, let me go back to you. Earlier this year, as
you well know, DHS alerted many sectors to a vulnerability
known as the Aurora scenario, which showed that rotating
electrical machines used throughout critical infrastructure
could be damaged through a remote cyber attack. This
vulnerability, which poses a severe potential impact for many
industries, including electric, nuclear, and water, illustrates
the even greater potential risk that exists due to increasing
interconnectivity between more traditional systems and the
Internet. So let me ask you a few questions about that.
First, do you believe that particular risk has been
mitigated?
Mr. Jamison. I believe we have taken a lot of risk off the
table, and I think it is a good example of how the NIP
Partnership Framework worked with our industry partners and our
Federal agency partners to quickly--once our research had
indicated there was a vulnerability, to work to develop
mitigation measures and to roll those out. We need to continue
to monitor the performance in the field on the implementation
of those mitigation measures, but we started with our high-risk
infrastructure and are confident that the industry and the
sectors are taking action as necessary.
Chairman Lieberman. As you probably know, some members of
the impacted sectors said that DHS did not notify them of this
Aurora vulnerability in a timely or consistent manner and
failed to use the so-called Sector Coordinating Councils to
disseminate information and seek counsel from sector experts. I
know you know about this complaint. What did you learn from the
Aurora scenario in terms of private sector coordination?
Mr. Jamison. Sir, I am not familiar with that particular
complaint. I think it may be due to the fact that we did risk
analysis on the vulnerabilities across the sectors, and we
engaged with certain sectors prior to other sectors.
I think what it proved to me is that the Sector
Coordinating Council and the partnership that we have is a
viable model to look at managing risk in a system where 85
percent of our infrastructure is owned by the private sector.
Within a matter of months, once the vulnerability was verified,
we quickly had mitigation measures in both the nuclear and the
electrical sector and worked and had already started getting
those mitigation measures out. We are continuing to work
through the rest of those sectors. Several other sectors have
engaged--I think it works. I think we need to continue to build
upon that partnership and make sure that we strive to figure
out better ways to continue to share sensitive information down
to the people that need to have it in order to make the
decisions and implement the measures. But it proved to me we
have a framework that has come a long way over the last few
years. We just need to continue to get better at using it.
Chairman Lieberman. Do you think that DHS has adequate
regulatory authority to ensure that the mitigation measures you
have just talked about are being put into place throughout the
critical infrastructure?
Mr. Jamison. I am satisfied with our current authorities. I
think we need to continue to make sure that we are doing
outcome performance measures in the field to determine whether
or not those mitigation measures are being implemented. And if
we do not think that they are being implemented sufficiently,
we either need to leverage the regulatory authorities or our
partners, other agencies within the Federal Government, or ask
for them like we did in chemical security where we asked for
additional regulatory authority when we thought we needed it.
But the key is to make sure we carefully monitor the results.
One point I wanted to make about that vulnerability is
that, for the most part, a lot of mitigation measures are low-
cost investments that could protect high-risk, expensive pieces
of equipment. And it is in the owner's best interest to take
those mitigation measures from a capital protection standpoint.
It is one of the reasons we are pleased with the results so far
about the mitigation measures. But it is something we need to
continue to look at and monitor.
Chairman Lieberman. I agree. Good.
Mr. Ashley, we have talked a little bit about the Fusion
Centers. One of the problems that State and local officials who
have come before our Committee have identified with regard to
the development of the Fusion Centers is that there is no
guarantee of funding for long-term sustainment. And the
problem, obviously, is that to work, they need to make long-
term investments in technology and even training and personnel.
How will you work to assure the States that the Department
remains committed to the Fusion Center program and that the
grants that they depend on for these long-term investments will
be there and will not suddenly disappear?
Mr. Ashley. Right. Planning from year to year and
consistency from year to year has been a common theme with our
State and local partners. I think one of the best ways to
address this from a grant programs perspective is to work from
the programmatic side to ensure State and locals are making
investments that have deliverable milestones and leave-behind
capability because at any given moment we do not know where the
budget process is going to be with next year's funds, and etc.,
for State and local. So working with them to ensure that each
year that they are investing grant dollars, that if they are
working toward a longer-term goal, that there is leave-behind
at each milestone. And that is, I will bring experience and
program management to helping to support that process.
But it is a multi-year effort on many of these different
issues, and we are reliant upon multiple moving parts to ensure
year-over-year consistent funding.
Chairman Lieberman. I hear it. Part of it is us. So the
Committee will work very hard to assure that long-term
sustainment as well.
Mr. Jamison, you mentioned a little bit about contracting
in your opening statement. As you know, the Committee held a
hearing last month that raised serious concerns about the
Department's reliance on outside contractors to do the
government's work. Overuse of contractors, obviously, we are
concerned raises the risk that the Department itself is not
developing the institutional knowledge for the longer term and,
at worst, will lose control of its own decisionmaking. The
problem appears to be significant in the NPPD. Half of the
staff of the Office of Infrastructure Protection are
contractors; for instance, three-quarters of the positions in
the National Cyber Security Division were contracted out.
So I want you to describe a bit more--I know you have this
under review--what actions you hope to take to reduce NPPD's
reliance on contractors and really in a fundamental way how you
intend to prepare the Directorate for the upcoming transition.
Mr. Jamison. Yes, sir. I agree with you. I think that
making sure that we have in-house Federal staff that can
position ourselves for the transition and for the challenges
that we face is absolutely crucial. Not only that, we need to
make sure that we put a focus on retaining the key Federal
staff that we currently have. So that is one of the reasons
attracting and retaining the key people is a top priority for
myself.
I have asked that a review be done to determine in 2008,
given as contracts expire and given our capabilities to hire
people, how many contractor staff should be converted to full-
time Federal staff if appropriate for efficiency and
appropriate for roles and responsibilities. We have a
preliminary target for fiscal year 2008 to convert 150 staff
from contractors to full-time.
Chairman Lieberman. Good.
Mr. Jamison. And I think most people that know me would
tell you that I am an outcome-focused metrics type of person,
and that is going to be one of my metrics for 2008 to make sure
that we do that because I do believe it is a fundamental key
point to make sure that we are more stable going into the
transition.
Chairman Lieberman. Good. We will obviously want to keep in
touch with you on all that.
Mr. Jamison, when Congress passed the Post-Katrina
Emergency Management Reform Act over a year ago, we created the
Office of Emergency Communications (OEC). As you know, DHS was
supposed to submit a report to Congress within 120 days of
enacting the law outlining the resources needed to establish
the office.
The Committee just received the report this week, and
obviously we are grateful for that, but also concerned that OEC
is not as far along as we hoped it would be at this point. And
there are other deadlines, as you may know, that OEC also has
to meet.
Could you update the Committee, to the best of your
knowledge at this point, on the status of the Office of
Emergency Communications?
Mr. Jamison. Yes, sir. First of all, we have faced some
challenges in the stand-up of OEC, standing up a new
organization and making sure that we have the staff in place
and the leadership in place to move forward. I am glad we got
the report up here this week. I think it is representative of
the resources that we need and an alignment of where we need to
focus our resources. But more importantly, over the last few
months we have named a Deputy Director that has a long history
of emergency communications in the field, in working with State
and locals and being a part of that emergency responder
community that is going to bring a lot of experience to that.
He has been on board for, I think, about 6 weeks now. We are in
the final processes of bringing on board, offers have been
accepted, another--the director of that office, who also brings
valuable State emergency communications experience. Those are
the two biggest pieces to the puzzle, in my opinion, to taking
this organization to the next level. Do we need to get better
at our reporting timeliness? Yes. Do we have the pieces in
place to start moving forward? Yes. I think we have come a long
way in the last year, but we need to make sure we are building
on that foundation.
Chairman Lieberman. OK. That is hopeful.
And this one is to you, Mr. Ashley.
Mr. Ashley. OK.
Chairman Lieberman. It is similar. Congress established the
Interoperable Emergency Communications Grant Program when it
passed the Implementing Recommendations of the 9/11 Commission
Act. Funding for the new program was included in both the
Senate and House homeland security appropriations bills, and we
are really looking forward to the program beginning next year.
This is, as you know, from a tragic real-life experience, both
on September 11, 2001, in New York where we lost a lot of
firefighters because of the inability to communicate with other
first responders, and then when in Hurricane Katrina they just
were not able to operate, let alone communicate.
So I wanted to ask you what steps the Department has taken
and do you intend to take to get this critically important
Interoperable Emergency Communications Grant Program up and
running during fiscal year 2008?
Mr. Ashley. Yes, sir. There are a couple things there. We
also have the PSIC grants as well that came out of Commerce,
and ensuring that those grants are synergistic and working
together, utilizing the same grant guidance.
Specifically, I think in what you guys accomplished with
the 9/11 bill and the requirement of statewide interoperability
plans being submitted and going and working with the Office of
Emergency Communication and looking at those statewide plans
and ensuring investment across interoperable communications
efforts are done in a coordinated fashion, I think you guys
have given us a lot of guidance in that area as well.
I think the utilization of the similar grant guidance from
SAFECOM as far as both for PSIC and interoperable
communications in my understanding as well is that we have
individuals that are actually working in the Office of
Emergency Communications as well to make sure there is that
tight fit between the policy and the review of the statewide
plans and then the implementation of grants. I think that the
groundwork has already started to take place, and I look
forward to working with Mr. Jamison to further that.
Chairman Lieberman. Good. Obviously, we really want to see
this up and running and beginning to turn to plug this gap
during this coming fiscal year.
DHS announced earlier this year that it intends to direct
the airlines to collect biometric information, including
fingerprints, from international travelers in order to carry
out the air exit requirement of the US-VISIT program. Mr.
Jamison, I wanted to ask you what is the status of the proposal
and whether you believe it is appropriate to delegate this
immigration and law enforcement function to the private sector.
Mr. Jamison. Yes, sir. Currently, we are in the late stages
of drafting a Notice of Proposed Rulemaking. We want to have
that out in the very near future with the goal of hopefully
having the final rule implemented by this summer, June 2008,
and with an implementation date of December 2008, to actually
start the biometric collection.
We are currently in the late stages of doing final cost/
benefit analysis in preparation for that Notice of Proposed
Rulemaking, but from a principles standpoint, we do believe
that this is not inconsistent with the airlines' responsibility
currently to collect passport information and other passenger
information required for the government, and this will be
consistent in that realm as well.
We need to make sure we carefully evaluate the true costs
to the airlines versus the costs to the government of doing
that function. But we do believe that is a function that can be
carried out most effectively by the airlines.
Chairman Lieberman. What impact do you think the proposal
will have on passenger processing at airports?
Mr. Jamison. It is something that we are taking into
consideration very carefully. It really depends upon the point
at which a biometric will be collected. Our current thinking is
that the check-in counter is the most efficient place to do
that.
Chairman Lieberman. Right.
Mr. Jamison. We do not think that it will have a big impact
on line delays due to the other processing that takes place,
and while the reservations are printing and tickets are
printing, there is a capability because it is a very short
transaction, a matter of, I think, about 20 seconds to do the
full biometric collection. So we do not anticipate a full
impact. We are carefully going through that evaluation in the
Notice of Proposed Rulemaking to make sure that we have fully
captured the impact to the airlines and to the wait times for
the passengers.
Chairman Lieberman. Are the airlines opposing that idea?
Mr. Jamison. I think they will oppose that idea, and they
have been fairly vocal about that.
Chairman Lieberman. Right.
Mr. Jamison. It becomes the issue, I think, that we have to
determine where is the best place to do that and whether or not
we really need that information in terms of knowing who is in
the country.
Chairman Lieberman. Obviously, we are finding pushback in a
lot of different areas in which we are, in the interest of
homeland security, asking people to do things that they have
not done before, that they thought they would never have to do,
but we are doing it for a reason. I know there will be
pushback. There already has been. But in the end, we want you
to be able to say that you have set up a system that will give
maximum protection to the American people, even if some people
are unhappy because they have to do a little more a little
differently than they have done before.
DHS has reported that this whole change will be complicated
and costly to the US-VISIT biometric exit system. Let me just
ask you, finally, to step back and talk a little more about
what you think the most significant challenges are in
developing an exit system at land ports of entry. That is what
I want to focus on for this question.
Mr. Jamison. I think it is a significant challenge. As you
know, at many of our border locations, we do not stop
individuals from entering Canada at several border spots, so
implementing an exit regime in those land borders requires a
significant challenge and significant resources.
I think that the process that we are about to embark on in
air exit is going to inform us greatly on those challenges and
at the same time will capture, I believe, about 94 percent of
the visa waiver-eligible population that we are focused on
capturing.
So that learning curve and going through that process will
help us lay out the next phase of this and the strategy that is
going to take us into the future years of getting a land exit
program evaluated.
Chairman Lieberman. OK. I thank both of you. You are
obviously both very well informed and experienced to take on
these critical assignments. These are two positions that the
general public probably never has heard of and we hope, in a
way, never does hear of. But what you are about to take on is
critically important to the security of every person in this
country and the country overall, the government overall. So I
appreciate it very much. You both obviously have been blessed
with devoted and beautiful families behind you, and as I think
they know, you are going to need them to continue to be behind
you in the time ahead, particularly your mother-in-law.
[Laughter.]
I cannot tell you how important that is.
Without objection, the record will be kept open until 12
noon tomorrow for the submission of any written questions from
Members of the Committee or statements for the record that you
or others want to add. We are doing that very quick turn-around
because it is my intention, based on the importance of these
two positions, to bring your nominations before a Committee
business meeting, which I believe is scheduled for next
Wednesday, and then hopefully to move them through the full
Senate quickly before we depart at the end of next week for our
Thanksgiving two-week break. So be on good behavior between now
and the end of next week. [Laughter.]
I thank you very much, and with that, the hearing is
adjourned.
[Whereupon, at 9:54 a.m., the Committee was adjourned.]
A P P E N D I X
----------
PREPARED STATEMENT OF SENATOR COLLINS
The nominations we consider today encompass two critical
responsibilities at the Department of Homeland Security: management of
the federal programs that protect our citizens from natural or man-made
disasters, and administration of the grant programs that help States
and localities improve their ability to counter terrorist attacks,
respond to natural disasters, and communicate in emergencies.
The scope and importance of the NPPD's responsibilities are
daunting. The NPPD is charged with:
maintaining the Office of Bombing Prevention as a strong
and active participant in the nation's efforts to counter the threat of
terrorists using improvised explosive devices on our soil;
ensuring successful implementation of the chemical-
facility security program authorized last year, due to the work of this
Committee;
assessing risks and developing prioritized inventories of
our nation's critical infrastructure, and
managing voluntary private-sector coordination programs
to achieve the goals of the National Infrastructure Protection Plan.
I would note that the Office of Bomb Prevention would be formally
established and strengthened by the National Bombing Prevention Act
that Senator Lieberman and I introduced last week.
The second nomination is to a position within FEMA that plays a
vital role in preparing our State and local first responders to handle
the next major natural disaster or terrorist attack.
The FEMA reform legislation that Senator Lieberman and I crafted in
2006 restored preparedness grant programs to FEMA. This improved the
agency's ability to support State and local preparedness with funds for
planning, training, exercises, and interoperable communications.
Grants are a vital part of our essential goal of achieving
effective capabilities and coordination among federal, State, local,
and other stakeholders in the preparation and response to natural
disasters and terrorist attacks. As part of that effort, I would add,
the Grant Programs Directorate has another critical role: ensuring that
tax dollars are not wasted.
Ross Ashley comes before our Committee with a long record of
executive experience in both commercial and non-profit organizations.
I join the Chairman in welcoming both of these nominees to this
hearing.
__________
PREPARED STATEMENT OF SENATOR AKAKA
I am pleased to join you today in welcoming Robert Jamison who has
been nominated to serve as the Under Secretary of National Protection
and Programs at DHS, and Ross Ashley, who has been nominated to serve
as Deputy Administrator for Grant Programs at FEMA. These are important
positions and their programs are essential to State and local
governments trying to build effective disaster response capabilities.
Many States are still struggling with the need to upgrade or
supplement outdated resources, including crowded emergency operations
centers, to establish fusion centers for effective law enforcement and
intelligence coordination, and to ensure that adequate surge capacity
is available in the aftermath of a natural disaster or terrorist
attack. DHS grants are a key resource in accomplishing those tasks.
Mr. Ashley, I cannot emphasize enough how important the effective
and efficient administration of the grants process is to our State and
local governments. It is my hope that, during your tenure, you will
communicate with those recipients closely and often to ensure that
grant guidance is clear, concise and easily understood.
The threat of improvised explosive devices, protection of critical
infrastructure and the possibility that our nation's power plants can
be sabotaged because of vulnerabilities in cybersecurity are no less
critical to the homeland security mission. I look forward to hearing
how Mr. Jamison intends to move the NPPD from its recent establishment
to a more mature directorate responsible for overseeing and
implementing programs in those areas. I would also like to hear how the
NPPD will work with State and local governments to not only ensure the
security of critical infrastructure, but also its safety.
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