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Archive for December, 2008

Mexico’s drug war: Mistrust bedevils war on Mexican drug cartels

Wednesday, December 31st, 2008

Security Debrief contributor Michael Braun, former chief of DEA operations, discusses the spiraling drug violence in Mexico, and how it is impacting American communities, with the LA Time’s Josh Meyer.

Mexico’s drug war: Mistrust bedevils war on Mexican drug cartels – Los Angeles Times

Both the United States and Mexico agree that the cartels have morphed into transnational crime syndicates that pose an urgent threat to their security and that of the region. Law enforcement agencies from the border to Maine acknowledge that the traffickers have brought a war once dismissed as a foreign affair to the doorstep of local communities. The trail of slayings, kidnappings and other crimes stretches through at least 195 U.S. cities.

So far, the fight has largely been waged by the Calderon administration, which deployed thousands of federal troops and police to 18 states to take on the cartels, some of which have paramilitary forces protecting them and many police officers and politicians in their pockets.

“They know they have a monumental undertaking, but you have to start somewhere,” Michael A. Braun, former assistant director and chief of operations at the Drug Enforcement Administration, said of the Mexican government. “If you don’t, in another five years the cartels will be running Mexico.”

Washington, particularly the DEA, is so distrustful of Mexican authorities that they share sensitive counter- narcotics intelligence and evidence with only a small group of Mexican officials. And after the Sept. 11 terrorist attacks, the U.S. turned away from the drug fight, some Mexican officials counter.

Analysis of Israeli Consulate’s Use of “Twitter News Conference”

Wednesday, December 31st, 2008

The Israeli Consulate out of New York participated in a “citizen’s press conference” about on December 30th using Twitter, an increasingly popular social media platform.

Consider it a public relations coup. The Government of Israel’s innovative tactics have created a tidal wave of attention and publicity online and offline, helping ensure that Israel’s message is being heard.

In fact, while the press conference was planned to last only two hours, the popularity of the event in which the Consulate shared information — in real time — about the conflict in Gaza  stretched far beyond the allotted time by hours. Indeed, the conversation about the event is still occurring a day later and will likely continue online for days, if not weeks, to come. Twitter users commonly share (or “retweet”) other users’ responses as a way of further broadcasting a message to their followers online. This creates a viral environment in which the Consulate’s answers to questions are broadcast in compound form to networks of networks of participants for days on end.

When asked by once participant what prompted the unique “Twitter press conference” format, David Saranga, a spokesman for the Consulate, responded that Israel had a responsibility to correct “unreliable information” being issued by Hamas and others online and to make sure that Israel had an “official voice” on Twitter, where so much information was being spread so rapidly.

Reports say that this citizens’ news conference may be the first of its kind – in particular, by a government entity – and the results deserve a genuine analysis.

One of the biggest problems with Twitter is the lack of organization in conversation.  The amount of information, of various voices participating in the conversation, can be a bit overwhelming. The amount of competing tweeting and retweeting and questions being asked would be enough to confuse anyone trying to follow the conversation.

The second, and very real issue with Twitter, is the strict limit on the characters used in a response.  The Israeli Consulate, at times was forced to use the language of text messaging, shortening words to single letters (such as, “you” to just “u”) to respond under the alloted space. This was later corrected in the transcript of the press conference which was posted to one of their websites, Israel Politik.  However, when acting as the “official voice,” some CEOs and executives may find this form of communication confusing and frustrating.

Another problem with such limitations, at least for a news conference, is that some questions are complex, requiring more than 140 characters to answer intelligently. Brevity is always a plus unless it dips into incoherence or trite non-answers. For a news conference on an issue as serious and complex and important as the Israeli-Palestinian conflict, one wonders whether the space limitations of Twitter can accommodate the necessary depth of conversation.

Problems aside, the Israeli Consulate took a big risk in taking part in a citizen’s press conference.  The important question is – did it work? Twitter has grown exponentially since its start, and has a loyal following among its users.  Information, correct or not, has the ability to spread like wildfire, especially considering that users of Twitter often spread their message far and wide through many new media avenues and with astonishing rapidity.  It is a communicators Rapid Response dream (or nightmare).

The Israeli Consulate’s intentions, therefore, were good. Whether Consulate staff liked it or not, information is being spread rapidly online via resources like Twitter, Facebook and the blogosphere. The Consulate is right to acknowledge this reality and attempt to participate and shape the messaging taking place about the Hows and Whys of the current Israeli air raids in Gaza. The Government of Israel clearly understands that it must engage this battlefield, too, and ensure it pushes get correct, reliable information to the public – otherwise, its opponents will dominate this increasingly influential public relations and public diplomacy arena.

So while the “citizen’s press conference” may not have been as effective as desired (no reports yet about how Israeli leaders feel about the outcome), the use of Twitter in a public affairs strategy, is what is really important. The truth is that no real organization – government, Fortune 500, or other – can exist without positioning themselves in the new media world.  And Israel did just that.

Don’t expect these “citizen’s press conferences” to go away. Whether Twitter becomes the venue of choice (or alternatives such as blog sites or other social networking platforms) isn’t the point; the point is that any successful public relations strategy is going to have to go beyond the old paradigm of speaking to traditional media and waiting for reporters to convey the message. In today’s communications environment, you have to speak directly to the public.

Here are a few suggestions for dealing with Twitter’s limitations:

1.)    Use separate hashtags for questions and answers. (Hashtags aggregate information around one topic. The consulate did use a hashtag for the news conference, but it may have been more productive to use hashtags for individual questions so that these separate conversations could be followed more easily.)

2.)    Take questions from Twitter users prior to the press conference and Tweet answers. This can help kick off the event and even establish certain lines of conversation that hold the attention of most of the participants. That may lesson the confusion of one-off questions that go nowhere.

3.)    Follow Israel’s lead: Provide a transcript (Bloggers and social media participants love having a transcript to which they can link when they write their posts.  It also allows you to avoid having your only message on the Internet written in the sometimes confusion language of “u” and “r”.)

US-VISIT Expansion

Wednesday, December 31st, 2008

One of the most misunderstood programs at DHS has been the US-VISIT program.  In some ways, US-VISIT has been a victim of its own success.  By pulling off the feat of enrolling millions of visitors with unique biometric features and comparing that population against databases of wanted terrorists, criminals, and immigration violators without delays at the border or privacy violations, US-VISIT has made what seemed impossible routine.

Where US-VISIT has drawn criticism, it is normally because an aspect of the original blueprint has gone unfunded or been bogged down by Congressional pushback.  Thus the idea of a single “person-centric” biometric database for all visitors visiting or working in the U.S. remains unfulfilled, and the exit system at airports was blocked by a combination of airline and airport pressure.  The full implementation of US-VISIT has been a question of political will –- the technology works just fine.

US-VISIT recently announced an expansion of the program to enroll legal permanent residents, other immigrant visitors, asylees, and refugees. This new phase of the program, several years in the works, has come under criticism from some of the same stakeholders who originally delayed the enrollment of temporary visitors after it was originally required in 1996. Opposition was successful until 2003, after 9/11.

One editorial has called the proposed new phase of US VISIT “lunacy” and an example of “martial law.” What the critics have missed, however, is the power of biometrics to both speed legitimate travelers through government checkpoints and to increase confidence in all types of immigration.   It is surely true that most of the people to be covered under the new regulation are law-abiding, productive members of society.  The needles in the haystack, however, must be found, and biometric enrollment is the best way to do so.

Americans support legal immigration but only so long as they feel confident that our visitors have passed an appropriate security review – most no doubt would call the recent US-VISIT announcement common sense rather than lunacy.

State Department Leads Effort in Leveraging New Media Communications Tools

Tuesday, December 30th, 2008

The State Department continues to lead the way among federal agencies making use of new media tools. Colleen Graffey, deputy assistant secretary for public diplomacy, published a column (”A Tweet in Foggy Bottom“) in the Washington Post yesterday outlining why she has set up a Twitter account.

“Not that long ago,” Graffey writes, “communicating diplomat-to-diplomat was enough. Agreements were reached behind closed doors and announced in a manner and degree that suited the schedule and desires of the governments involved, not the general population. In fact, the public was by and large an afterthought. But the proliferation of democracies and the emergence of the round-the-clock media environment has brought an end to those days. Now, governments must communicate not only with their people but also with foreign audiences, including through public diplomacy. … Simply put, Twitter is just one more tool through which we can connect, and by linking my messages to video and photos, I can inform whole new audiences about U.S. views and ideas in a format with which they feel comfortable.”

Simply put, Twitter is just one more tool through which we can connect. Well put.

In talking to some folks, particularly in the government and security sectors, there is often quite a bit of anxiety over the notion of using the powerful new media tools that are changing the way we communicate. It’s a little perplexing to me. Often, the hesitation is justified with comments about the need for IT security. I have worked at federal security agencies. I understand the need for strong IT security. This isn’t an issue of security. If necessary, give your communications team a laptop, a wireless card unconnected to the agency server, and go to town. There are a dozen simple alternatives other than simply doing nothing.

The real concern, I think, is with moving into unchartered territory, an unfamiliarity with these news tools, a fear that the hard-eyed executives might not take us seriously if we talk about tools used by college students.  Twiterwhati? Silly rabbit, Facebook is for kids!

This is evidence of a failure to grasp how the media and communications landscape is irreversibly changing. The suggestion that Facebook or Twitter is for college kids is as uninformed as it is tiresome. Not only are top corporations in the private sector actively engaged on these sites; so are terrorists and criminals. The Internet has indeed made the world flat;  social media tools have made it paper thin.

I’m not a wild-eyed Internet revolutionary. And though it pains me to admit it, I’m no longer a kid. I am a forty-something with graying (”pearling,” according to my diplomatic barber) hair and a bad knee. But I can’t pretend to be a communications professional and not understand that strategic communications is undergoing significant and important change of the level we haven’t seen since television first debuted nearly a half century ago.

Some of the Old Guard will wave off such a comment. Television is still king, they tell us. True. It is. But it’s not really television that is king – it’s video. Television is merely a means of distribution. Increasingly, video is being distributed via cable lines direct to computer monitors that serve as computer screen, television screen, movie screen … And these newfangled social media gizmos that aren’t so newfangled anymore? Well, video is landing on those sites in staggering numbers and having an immediate impact. Just ask (former) Sen. George Allen.

But more to the point, as Colleen Graffey put it, new media tools are simply one more way to connect. They are supplements, not replacements. And they are not going away.

There are a lot of folks who don’t like blogs. They don’t like all the attitude and misinformation and chatter. Sure. There are also a lot of folks who don’t like the traditional media, either. They don’t like the fact that there may be bias or that views tend to get filtered and re-interpreted by journalists and editors. But a communications pro knows enough to tell the resistant principal: You might not like the media, but they are writing their stories anyway. We can either have our say and shape the story as best we can, or we can allow others to shape it for us. Either way, there will still be a story about you tomorrow.

This usually works. It’s a wonder, though, that so many communicators still fail to see the same logic as it applies to online media – whether it’s the blogosphere or social networking sites. The conversations are still happening out there, whether we engage in them or not.

We can ignore the blogs and the tweets and all the other new media with funny names. The conversation will simply go on without us, shaping the public perception of us wihtout our input. We simply miss another opportunity to connect, to push our message … to join the conversation that is already taking place — with us or without us.

Israeli Consulate to Hold Gaza Conflict Press Conference on Twitter

Tuesday, December 30th, 2008

The Israeli Consulate in New York will use the Twitter to host a public press conference on the conflict in Gaza today from 1 to 3 PM EST.  Twitter is a popular microblogging and social networking website that allows users to communicate with other users through 140 characters or less.

To join the conversation with the Israeli Consulate, follow Israeli Consulate on Twitter or use the hashtag #AskIsrael.

A Look at the Middle East from a Fresh Perspective

Friday, December 26th, 2008

By Ziad K. Abdelnourn

I am a Lebanese-American, a conservative and a capitalist. I was born in Lebanon, and had one dream and one dream alone – to come to America, and make my fortune as a capitalist. I did just that. I studied at The Wharton School, went to work at the most entrepreneurial firm on Wall Street, Drexel Burnham Lambert, became a global entrepreneur-financier, and made my mark dealing with some of the largest capital pools in the world, orchestrating large scale buyouts and recapitalizations.

Today the Middle East is a very different place than the one I left 25 years ago.  “This isn’t your father’s Middle East,” a good friend with whom I do business in the region loves to tell me. And yet he is disappointed that most Americans seem stuck in the 1970’s when it comes to how we think and describe the place. As if all Arabs are the same, none worthy of our trust or respect.

American policymakers and the media tend to portray Arabs as inherently dangerous partners. It was only two years ago that the Dubai Port World deal was demagogued into oblivion. The controversy related to the management contracts of six major United States ports which had been owned by a British firm. When it was discovered that a company owned by an Arab country – The United Arab Emirates – had landed the contracts, all hell broke loose.  Members of Congress on both sides of the political aisle argued that the agreement would compromise U.S. national security, and the deal was done.

Bill Clinton has been pummeled by the left and right for doing business with some Middle Eastern countries, too. As if by doing business with any Arab countries, he is some kind of national security risk; or worse, some kind of traitor.

The fact is that Bill Clinton is on to something. He knows that either we facilitate business ties and economic prosperity in The Middle East, or we risk losing our ability to influence the people of the region permanently.

Which is why President Elect Obama needs to establish a new narrative in the region. Rather than invest inordinate amounts of time with antiquated political characters like Bashar Assad of Syria, who leads an essentially bankrupt state, President Elect Obama should seek to develop an economic approach to changing hearts and minds in the region.

The fact is, there is a new generation of activists and entrepreneurs emerging in The Middle East; pro-American, pro-capitalist allies in places like the United Arab Emirates, Kuwait, Bahrain, and Lebanon.

Who are these pro-American, pro business allies? I am talking in here about those people in charge of running the new and increasingly commanding pools of capital sources, such as the “Sovereign Wealth Funds” and other private equity and investment groups shaping up in the region. For instance, The Abu Dhabi Investment Authority manages today in excess of $850 billion, more than the top 50 US private equity funds combined.

These pro American, pro business Arabs want what we all want – the respect of the world. And what better way to confer respect than to do business with them, trade with them, and give them a seat at the table of international economic power. That the G-8 has not a single Middle Eastern country included in its ranks, but has Russia as a member, can only be construed as an insult to the people of that region.

American businessmen should not hesitate to seek out business opportunities in The Middle East. My firm, Blackhawk Partners, was recently retained to act as financial advisor in a $300 million recapitalization of the biggest – and sole – water bottling facility in Iraq. The company is run by Americans, and has quickly become a dominant player in the market, well positioned to become the largest producer of water in the Middle East.

There is no doubt that President Obama will inherit a tough set of problems in the region; Iran’s growing influence in the region, Hezbollah’s dominance of the government in Lebanon,  the perception of Western weakness induced by wars in Iraq and Afghanistan, and the continued stalemate between Israel and Palestine.

But he also has a unique opportunity. Despite my very extensive experience in the region, I wasn’t prepared for the universally positive feelings President Elect Obama’s  win engendered with the men and women living in The Middle East – the majority of whom are young, and the majority of whom are predisposed not to blow us up, but to emulate us.

If President Elect Obama will focus on developing a new set of economic allies, while simultaneously dealing with the old set of political realities, he will go a long way towards turning some of that symbolic good will he has generated in The Middle East into something substantive.

This is one Lebanese-American Conservative Capitalist who will be cheering President Obama on. And praying – really praying – for his success. Because his success will be America’s success and the world’s.

Ziad Abdelnour is President and CEO of Blackhawk Partners.

TSA, Little Old Ladies & Eyeball Security

Sunday, December 21st, 2008

CBS news magazine show “60 Minutes” has an in-depth feature on TSA security measures and whether all of these measures are making us safer or are merely show — “security theater,” as TSA critic Bruce Schneier calls it. Give credit to Leslie Stahl for producing a fairly balanced segment, which isn’t what you usually get with such heavily edited television slots which themselves tend to place a lot more emphasis on “theater” than facts.

Stahl, however, asks the now-trite question: “There’s been a lot of criticism about people who clearly are not terrorists. The 90-year-old little old lady. …My mother, in fact…was patted down, and pulled aside. It doesn’t make any sense. It’s not common sense,” Stahl remarks.

I wonder when Leslie Stahl became an expert at eyeballing other human beings and immediately grasping their inner motives. With those kind of skills at her disposal, she should be up for DHS Secretary, not Governor Napolitano.

And yet … I am suspicious that Stahl’s model of eyeball security is as good as she claims. What tactics does she use to determine which individuals are “clearly not terrorists?” I wonder if she would pick out the ever-younger women, mere girls, hiding explosive devices within their robes in the Middle East. Like little old ladies, there was a time when such young girls would have been dubbed “clearly not terrorists” (CNT).

Or by clearly targeting her terrorists, does she zero in on Muslims? Arabs? Egyptians or Somalis? What about the increasing number of British citizens who have joined the Islamist radicals seeking to advance Sharia law and roll back the troubling egalitarianism of democratic societies? What about fair-skinned Americans who help al Qaeda spread its propaganda and recruit Westerners in order to manipulate the popular belief of folks like Stahl who claim to be able to spot, with a quick gander, who is clearly a terrorist and who is clearly not?

Again, to Stahl’s credit, she allows the TSA’s Kip Hawley to respond, intelligently, to her suggestion that she might have the paranormal skills to spot CNTs: “You can’t say to al Qaeda, ‘If you give us somebody who looks like they’re 90 years old or nine months old, you’re going to get a free pass.’ Because I guarantee you, they are watching. They notice it. And that’s where they’ll come,” Hawley warns.

The 60 Minutes segment also gives quite a bit of time to Bruce Schneier and his theory of Security Theater. A brilliant coinage, “security theater” refers to measures that may look like something is being done but that have very little impact at all. It’s all for show.

The only problem is that Schneier takes his theory too far, at least in this interview. He seems to allow no room for the argument that some of these measures, while hardly foolproof, have any value whatsoever, even in terms of one layer of deterrence in the multi-layered security model put into place by DHS.

Stahl asks: What then should we do, give up? Schneier responds, correctly, that the most effective security measures must take place before the airport really comes into play — intelligence and investigative work.

Again, Hawley comes back with a rational answer: We need both.

Of course, the intelligence and investigative work to which Schneier refers opens up an entirely different can of worms, also for which DHS receives quite a bit of criticism. And, again, much of it legitimate. Which is the problem.

In an open and democratic society, the public is only willing to put up with a certain amount of intrusion into its personal life and personal freedoms.  Quite frankly, even a totalitarian government could not stop a group of terrorists determined to kill others and willing to take their own lives in the process. No government official, however, is going to say this.

What can be said, and Schneier deserves credit for saying it along with a host of other security experts, is that the U.S. homeland security model must move much further towards a model of resiliency. That is, we must implement measures that mitigate the damage of an attack, so that we can recover with as little damage and loss of life as possible.

Does that mean that we should stop efforts to prevent an attack? Of course not. But we are fools if we believe that all of the measures combined can stop every possible means of attack. There are simply too many ways to go about it, ways we haven’t even thought of yet. We must work towards smart prevention efforts, including ongoing screening measures as well as intelligence work, but we must do more, much more, on the resiliency front.

Unfortunately, resiliency doesn’t appeal as much to politicians who wish to go back to their districts and boast of the measures they have taken to ensure that 9/11 “never happens again.” Congress is infatuated with measures it likes to proclaim to be foolproof. The pols use politically resonant terms like “100 percent” security.

The most visible and egregious example is last year’s legislation passed by Congress mandating Homeland Security to scan 100 percent of all cargo coming into the country. Every security expert breathing will tell you this is impractical, if not impossible. And it drains precious resources from a layered and comprehensive security strategy to narrow, select and isolated vulnerabilities that may or may not some day be exploited by terrorists.

As impractical and falsely assuring as “100 percent scanning” may be, no politician wants to be the one to go back and say: Well we can’t guarantee that we can stop a determined psychopath from smuggling explosive devices into the country. We can scan every piece of cargo coming into the country (and cripple our economy and trade while we’re at it), but, you know, a terrorist can simply smuggle his components in the way drug cartels smuggle in their dope. Maybe hire some coyotes down near the Arizona border. Hide it in a hollowed part of an old pick-up truck. The options are endless.

So instead, they pass laws proclaiming that we will now scan 100 percent of all cargo. You can rest easy. We have acted.

Talk about security theater … but, damn, it makes for good politics.

Will Pelosi, Obama Show Leadership in Reforming Congressional Oversight of DHS?

Saturday, December 20th, 2008

Saturday’s New York Times editorial entitled “Wayward Eye on the Homeland” once again points out the failure of Congress to get its own house (and Senate) in order regarding Congressional oversight of the Department of Homeland Security. The fault for this situation lies in many places — this mish-mash of conflicting jurisdictions did not occur on its own. Republicans and Democrats share bipartisan responsibility for creating the mess and largely for the same reason: They did not want to give up turf in an environment where oversight is perceived as power and power leads to campaign contributions.

While the fault is widespread, the cure (or at least a major portion of it) lies on one desk, that of House Speaker Nancy Pelosi. Insiders say that she is considering the idea of consolidating jurisdiction into a model that more closely resembles the House Armed Services Committee.

This is the right thing to do. However, Pelosi reportedly is seeking “top cover” from President-Elect Obama so that she can mitigate the political outbursts from committee members who could lose their oversight of DHS. Thus far Obama’s transition team has been silent on the issue.

If these reports are true, it demonstrates that Speaker Pelosi is unwilling to spend her own political capital to finish the job of enacting all of the 9-11 Commission recommendations that she touted as her top priority when she became Speaker. Her reluctance to do so is a signal that she is not the “leader” she would like for others to believe she is. As the New York Times editorial writers point out, the time for her to act on this issue has come. And if it takes a bit of prodding from the incoming Obama team, it is time for that to happen as well.

SAFETY Act: The Missing Accomplishment from DHS’s 2008 Review

Thursday, December 18th, 2008

Today, DHS released its Fact Sheet: DHS End-of-Year Accomplishments for 2008.  It is a very impressive list of DHS achievements in five areas: protecting the nation from dangerous people; protecting the nation from dangerous goods; securing the nation’s critical infrastructure; strengthening emergency preparedness and response capabilities; and unifying department operations and management.  There is at least one thing missing from the extensive list, and it cuts across all five areas, for which DHS deserves tremendous credit: the SAFETY Act.

Those of you familiar with the SAFETY Act can skip this paragraph.  For everyone else, the Support Anti-terrorism by Fostering Effective Technologies (SAFETY) Act of 2002 was created by the US Congress as part of the Homeland Security Bill of 2002 that established DHS.  They created it in order to encourage the development and deployment of anti-terrorism technologies, products and services by removing the liability concerns that businesses face when putting anti-terrorism technologies into the homeland security marketplace.  The United States has a well-deserved reputation as a litigious society, which can be a rude wake-up call for those unfamiliar with the American tort system.  The benefits afforded by the SAFETY Act protect not only the enterprise, the “Seller”, but also its suppliers, distributors and customers, thus creating a valuable market advantage over competitors that do not have SAFETY Act protections.  (For more details look here or here.)

When Sec. Chertoff took over DHS in March 2005, the SAFETY Act was not considered a success by many in the homeland security arena.  After two years of operation (2003-2005), only a dozen or so SAFETY Act approvals had been granted.  Thanks to the leadership of Sec. Chertoff, DHS S&T’s Directorate and its Under Secretary Jay Cohen, the General Counsel’s Office, the Private Sector Office the Office of SAFETY Act Implementation (OSAI), the US Chamber and other business groups, a new Rule, application and other improvements were put into place in 2006.  The results speak for themselves.

Today, approximately 250 products and services that have a role in counter terrorism have been Designated, and in some cases Certified, under the SAFETY Act.  These “technologies” are protecting the nation from dangerous people and goods, securing critical infrastructure, and strengthening response capabilities and readiness.  Most, if not all, of these technologies would not have been developed or deployed to the extent that they are without the liability protections that the SAFETY Act provides.

An additional metric of the SAFETY Act’s success is the recent announcement from the US Office of Management and Budget (OMB) when it evaluated the Office of SAFETY Act Implementation (OSAI) using its Program Assessment Rating Tool (PART), scoring it as ‘Effective’, the highest rating a program can achieve.  According to OMB, programs rated “Effective” set ambitious goals, achieve results, are well-managed and improve efficiency. OSAI was one of only 10 programs in DHS to receive a score of Effective (61 DHS programs were evaluated).  This complements another honor OSAI recently received (in late 2007): the Secretary’s Award for Team Excellence.

In terms of the fifth focus area, – unifying department operations – OSAI has continued to educate procurement offices across Government about the Pre-Procurement Qualification Request (PPQR) process.  A PPQR can be submitted by a procuring agency (e.g., TSA or DNDO) so that a decision about SAFETY Act applicability can be made prior to a solicitation.  As part of a PPQR “approval”, OSAI will streamline the SAFETY Act application by eliminating redundant evaluations that would exist between the procuring agency and OSAI.  The PPQR process is a win-win-win for the procuring agency, OSAI and the applicants (and thus the taxpayers!).

While there is still work to be done to advance the SAFETY Act, primarily that more DHS components and other USG departments and agencies take advantage of the PPQR process and incorporate it into procurements, there is much for Sec. Chertoff and DHS to celebrate.  They have developed and refined a tool that has the interests of every American at its heart – preventing terrorism and protecting the homeland.

Amsterdam Rethinks Drug Legalization

Tuesday, December 16th, 2008

Last week’s 75th Anniversary of the end of Prohibition and the repeal of the 18th Amendment provided an easy platform for the Legalization Lobby to make its case for ending drug prohibition. They argue that federal regulatory schemes outlawing drugs are not effective in combating dangerous use and actually exacerbate abuse and drug-related crimes.

The Legalization Lobby frequently points to other countries in Europe as success stories for legal drug use, attempting to show the United States’ apparent lack of foresight on the issue.

Yet recent news out of Amsterdam – perhaps the most well-known of Europe’s cities to experiment with drug legalization – explains that the city intends to close many of its marijuana cafes located in its Red Light District. Why?  The city’s move is intended to combat crime and reform its image as a haven for criminals.

Amsterdam shows what the United States has already experienced firsthand: legalization does not work. Alaska’s experiment with legalization in the 1970s failed miserably, resulting in a marijuana use rate among the state’s teens at more than twice the rate of other youths nationally.

Furthermore, the argument that there is not a significant link between crime and drug use is misguided. Most drug crimes are committed by people on drugs: six times as many homicides are committed by people under the influence of drugs as those committed by people who are looking for money to buy drugs.

Overall drug use is down by more than a third in the last twenty years.  In light of this remarkable success and the news that drug legalization might not be as lucrative nor as safe as once thought, this is hardly the time to give in to pressure from the Legalization Lobby.

Securing the Homeland Security Department

Tuesday, December 16th, 2008

Recently, Security Debrief contributor, Scott Weber, spoke with Francis Rose of Federal News Radio’s “In Depth” about the appointment of Gov. Janet Napolitano.

Scott spoke about this recent post titled, “Department of Homeland Insecurity? Don’t Make It So, Governor”.  You can listen to the interview here.

Homeland Security: Extraordinary Threats, Unprecedented Action

Monday, December 15th, 2008

From the U.S. Department of Homeland Security:

The Department of Homeland Security invites you to attend

Homeland Security: Extraordinary Threats, Unprecedented Action With Secretary Michael Chertoff

Thursday, December 18, 2008
9:30 a.m. – 10:30 a.m.
Riggs Library

Third Floor, Healy Hall

Georgetown University

37th and O Street, NW, Washington, D.C.

RSVP to DHSPublicLiaison@dhs.gov

Space is limited.

Please RSVP no later than 5 p.m. on Tuesday, December 16th with your full name and the name of your organization.

Parking is limited, cabs recommended.

The ‘Gretzky Doctrine’

Monday, December 15th, 2008

Years ago Barbara Walters asked Wayne Gretzky how it was that despite not being the fastest, strongest, or biggest player on the ice, he came to be known as “The Great One.”  His response said it all.  “In hockey,” he said, “everyone goes where the puck is – I go where it’s going to be next.”  Were America to follow the ‘Gretzky Doctrine,’ we’d be focusing a lot less on oil and a lot more on an even more critical natural resource: water.

CNN ran a great piece on water as part of its Planet in Peril series that highlighted many of the points that myself, and other experts, have been expressing for years.  The only component I felt they missed was stating the relationship between national security and our national water supply.  The CNN article offered three keys to overcoming current (and future) water shortages in the United States:

1. Move agricultural production from Western deserts to wet areas in the East;

2. Replace aging infrastructure and improve distribution to growing areas; and

3. Stop neglecting the important role water plays in everyday life.

Question: What do you call a nation without reliable water where showers are a luxury, cooking with clean water isn’t always an option, fighting fires isn’t always possible, where hospitals can’t clean surgical instruments or use HVAC systems, and where jurisdictional fighting over water rights escalates beyond court rooms?

Answer: America in 20-40 years if water isn’t put atop the national priority list.

Man I hope Barack Obama, Harry Reid, and Nancy Pelosi caught that Gretzky interview!

BLACKWATER GUARDS ARRESTED

Friday, December 12th, 2008

The arrest this week of five guards accused in relation to the Nisoor Square incident has served to highlight both the US Attorney’s overwhelming optimism in the face of prosecutable facts, and the alarming indication that, yet again, the Administration and Congress are addressing the symptoms rather than the disease.

You may recall that during an incident in Nisoor Square in September 2007, a Blackwater team tasked with providing security for State Department personnel became engaged in what was described as a prolonged fire fight.  Civilians were killed and injured, diplomatic relations were severely hampered, and fundamentalist Muslim groups worldwide were given new recruiting ammunition.

I have railed at length about the requirement for the activities of the PMCs to be aligned with the diplomatic, political and military intent.  The Diplomatic Security Contract with Blackwater was a clear lesson in how not to do it – the contract placed the lives of State Department personnel at a higher value than anything else, which encouraged Blackwater and other PMCs tasked with their protection to take extreme, mission-attiring action to meet the demands placed upon them.

When Nisoor Square happened, we saw a rush to react by those most proficient at headline grabbing, and yet Congress was unable to enact legislation that was designed to address, even in the short term, the problem.  The legislation did not pass.  In the meantime, the military in Iraq has assumed authority for the PMC operational control, including those supporting the State Department, and the PMCs that were incentivized to act irresponsibly have been brought into the mainstream.

Certainly the conduct that I have deplored in the past I still deplore.  PMCs must act in a manner that is in keeping with the overall mission; they must not antagonise the local population, rather treat them in the same way, or better, than the military does.  PMCs who act negatively recruit supporters for dissidents – these supporters are likely to turn their attention not to the PMC that antagonized them, but to the US and its representatives on the ground, the military.

What does the current state of affairs mean for the future?  PMCs are a matter of fact. The recent paper that suggested turning all responsibility for close protection in active theatres over to the State Department’s Diplomatic Security Bureau appears to have merit, but DS was designed for low to medium threat, not for high threat environments.  Diplomatic Security was not designed for short-term recruitment.  The report’s other alternative, turning the task back to the military, is the appropriate one, particularly as escort tasks in high-threat theatres are not ‘close protection’ or ‘executive protection’ tasks at all – they are fighting patrols conducted under special circumstances.  Having commanded a small organisation on these tasks in Iraq, I speak not from an armchair, but from experience.  Fighting patrols are the business of soldiers and should be overseen through every element of the command chain by soldiers – whether the task remains outsourced or is brought back into the government, it is the military who must retain responsibility and accountability for it.

PMCs may operate where the government does not yet have a role.  Unsurprisingly, Blackwater are seeking to create a naval platform for counter-pirate activity and there are a myriad of PMCs operating in Kenya, South America and other locations protecting oil and other natural resource locations.  The US Government MUST have a system in place for ensuring that the activities of US PMCs are human rights compliant and do not compromise the political and diplomatic intent.  This can only be achieved by Congress passing legislation that addresses the root cause of the problem; enforcing compliance with US criminal law when no other law is in effect.

Prosecuting Blackwater guards is a token gesture – what is required is decisive and effective legislative action.

The Confidence & Candor of Experience – Reflections from DHS Secretary Chertoff’s Last Blogger Roundtable

Thursday, December 11th, 2008

This past Tuesday, I was fortunate to be a part of DHS Sec. Chertoff’s last roundtable with an assembly of Bloggers.  Held at the ever glamorous DHS Headquarters (‘the NAC’ – Nebraska Avenue Complex) – a facility whose decor and ambience would make any North Korean prison camp interior decorator beam with pride, the Secretary came into the meeting with a lot of positive feel about what was underway at DHS and his tenure as its leader.

While still fighting off a cold, he dove right into several quick points about what was happening with Transition; his discussions with his nominated successor, Arizona Gov. Janet Napolitano; probable reasons why there has been no successful terror attack in the US since 9/11; and how, much to his surprise, he enjoyed doing the various Blogger roundtables.

He was quick to point out in making his positive comments about the Blogger get-togethers that he was not trying to curry favor with those of us assembled around the table.  Rather he felt the questions and points that many of the Bloggers in homeland security and elsewhere were making were relatively informed and insightful, unlike some of the conventional media reporting he had seen during his tenure.

He shared that in the beginning when DHS Public Affairs had brought the idea to him that he was skeptical of what it would be like to have a dialogue with this ‘community.’  I have to say, he wasn’t alone.  Having just started this Blogging thing myself just over a year ago at the urging of a couple of friends, I was too.  As the Secretary was making his remarks, I couldn’t help but think of the first of these Chertoff-Blogger sessions that I also attended.

On that occasion, the Secretary entered the room with his traditional quick walking stride and set eyes communicating, “Okay. Let’s get down to business.” He put himself in the center chair to survey who was around the table, not knowing what to expect.

He opened that session with a set of talking points and then opened it for Q&A.  Because it was the first one of these with Bloggers that he had done (and for many of us in that room the first time opportunity to question and “publicly report” what a Cabinet Member said in response), the room had a degree of mild tension.  For me, I couldn’t help but think the entire set-up had the feel of a Middle School dance where the boys are all on one side and the girls were on the other.  Both sides sort of staring at the other as if saying, “Okay. What do we do now?”

I don’t think any one really knew what to expect until the first question was asked.  From that point on, the give and take between both sides just took off.  Questions that some people might see as being in the weeds or way too nuanced for the conventional newspaper audience were posed, and in response Chertoff offered details and deep levels of perspectives that most reporters would ignore or gloss over but were of definite interest to the bloggers attending, many of whom were homeland security professionals themselves who blogged as a side passion.  By the end of that session, everyone left that room thinking: Hey that was pretty cool.

With each one of these Blogger sessions, the feel of the Middle School dance evaporated to provide some great exchanges with the Secretary and many of the senior DHS leaders who joined him on occasion (FEMA Administrator Paulison; TSA Administrator Hawley, etc.).

On this final occasion, it was obvious the Secretary was feeling good about the work that has been done under his watch.

He highlighted some of his proudest accomplishments – the fact that there had been no successful terror attack on US soil since 9/11; the work that he had been part in shaping the ill-fated Comprehensive Immigration Bill; improved integration of DHS’ components; the enhanced planning efforts that had occurred between the federal departments and DHS, as well as the planning efforts that had taken root in Louisiana and the Gulf Coast and the performance turnaround at FEMA and other portions of the Department.

As to the frustrations and disappointments he had encountered, the word “Katrina” evokes an experience that will never really dissipate for him, FEMA or DHS.  While lessons may have been learned and tremendous improvements shown since the 2005 disaster, he felt that there was an almost automatic behavior by the media as well as other critics of DHS to insert the word “dysfunctional” into any sentence or paragraph describing the Department.

He also described the Washington penchant for wanting to always reorganize something.  What I found particularly amusing about his comments here was the fact he described most reorganizing efforts as a “jobs creation exercises” that produced lots of new boxes and titles but avoided addressing real issues.  [In trying to contain my laughter at his answer, I almost wanted to shout, "AMEN!" but it really wasn’t the time and place to do that.]

When it comes to the future of FEMA and its future inside DHS or outside of it, he reiterated many of the points he has offered in other forums about the need to integrate functions into homeland security, rather than re-establish independent interests.

Interestingly he pointed to the terror attacks that recently occurred in Mumbai as an example where the lack of planning and integration of various local and national governmental agencies in India sowed confusion and problems between emergency response and public safety/security efforts.  While he never said that if FEMA was taken out of DHS, a Mumbai-type response would occur, he did share that it would put the country back into a pre-9/11 posture and that was something no one wanted to have happen.  [I wanted to shout "AMEN!" here as well but again refrained from doing it.]

In terms of his identified successor, Gov. Napolitano, you could see, hear and feel the genuineness of his confidence and complete comfort in her taking the reigns of the Department.  There was none of the obligatory canned Washington response that happens when the outgoing executive is asked about the incoming replacement that They’ll a do good job. He offered that he had already spoken to her (and privately met with her as well) but he would not share the contents of his conversation or Transition memo, as those were thoughts and recommendations that he felt and deserved privacy.

When he talked about the hand-off of his job, though, I thought that of any of the executive hand-offs (in government service or the private sector) that I’ve either witnessed up close and personal or from afar through news accounts and other sources, this was a hand-off between two people who not only knew the other, but had a deep profound respect for the other.  That is a rarity, especially in Washington.  Transitions are always awkward moments for everyone involved but this one won’t be.  That is in large part credit to the leadership and character of the people involved — Sec. Chertoff and Gov. Napolitano.

There were a number of other interesting points that the hour-long conversation revealed, and I encourage you to take a look at the Transcript and give it read for yourself.

In closing his session with us, I couldn’t help but observe how utterly comfortable and confident he felt in what he had done in his almost four years as Secretary but that he wasn’t quite done yet.  Never once did you get the sense that he had already checked out, as often happens when someone is about to leave a job or move on to something else.  His eyes were still wide open, his hands firmly on the wheel and he was going to go full tilt until the afternoon of January 20th when someone finally taps him on the shoulder and says, “Thank you for your service sir.  Your ID badge please. The front gate is this way.”

In sharing his experiences as Secretary and in looking back at his tenure, there is no doubt that he had experienced and learned an awful lot along the way.  I’m sure there were days and hours that he thought, Why in the hell did I agree to take this job? Despite those moments, his candor revealed that he had enjoyed his tenure as DHS Secretary and that he was more than confident in the job he had done.  Most of all, you could tell he was proud.  He has every right to be.

Chertoff, a cleaning company and the immigration blame game

Thursday, December 11th, 2008

Today’s Washington Post has a startling revelation that Consistent Cleaning Services, a local cleaning contractor, may have assigned undocumented employees to work at DHS Secretary Chertoff’s home. This was done apparently after the company assured the Chertoffs that the workers had legal status. Even more startling is the company owner’s tact to go to the Washington Post after being investigated and fined by Immigration and Customs Enforcement (ICE) in what can only be viewed as a desperate attempt to be excused for his own failure to comply with the basic requirements of immigration law.

To be clear, having practiced immigration law in both the government and private sector for over 10 years and counseled employers on employee verification and I-9 requirements, there is a lot of ambiguity in our immigration laws and there is a desperate need for employers to have enhanced capabilities to screen their employee’s immigration status. There is blame to share on this issue at all levels.

Yet, this does not absolve James Reid and his company from the reported failures identified by ICE. In fact, given ICE’s recent record on employer sanctions, to include a historical number of criminal indictments of employers and employees, Mr. Reid should be thankful that his significant violations and omissions in screening employers, including the contractors he provided to Secretary Chertoff’s home, merely resulted in a civil fine.

Mr. Reid’s failure to complete Form I-9s for all of his employees and his ensuing action of backdating I-9s after ICE requested production of his I-9 records is a violation of the basic tenets of immigration verification requirements. While he correctly notes the difficulty in distinguishing false from genuine documents, he apparently deemed his level of confusion sufficient to eschew the whole process of even asking for documentation.

These requirements and prohibitions are so basic that it would not take much to infer or establish a purposeful intent to evade our immigration laws. If DHS was being overzealous against small employers, as Mr. Reid attempts to portray in his statements to the Washington Post, he would be spending his time searching for a criminal attorney instead of talking to reporters on how helpless and unworthy of blame he is.

One only needs to read recent stories in the Washington Post regarding ICE raids at large national corporations such as Swift, Agriprocessors, and Howard Industries to understand that there is no vendetta against small companies. Whereas those investigations resulted in corporate executives being indicted and national operations being disrupted as a result of hundreds of workers being arrested at plant locations, Mr. Reid merely faces a civil fine and the need to fire undocumented employees. The reality, as shown in the mounting statistics and historical records regarding ICE worksite operations and criminal indictments, is that the entire U.S. employer community — big, medium, and small — is under heightened pressure and scrutiny to comply with immigration verification requirements.

There is plenty of blame to pass around on the failures of our immigration system. However, Mr. Reid’s approach of complete denial and abdication of one’s responsibilities to comply with our immigration laws neither improves the situation nor stimulates the logical and reasonable dialogue that is necessary to truly fix our immigration system.

Employers need better tools to screen their workers, our country needs to understand its need for foreign workers, and we all need to understand that fixing our immigration system will require enforcement of our immigration laws and acceptance by all of responsibility in helping the system work.

Secretary Chertoff, here seeing the impact of our broken system very close to home, has in his defense made these points in his efforts to encourage Congress to pass comprehensive immigration reform that touches on all these aspects. Unfortunately, Mr. Reid and others continue to choose the past approach of blaming others and never accepting some responsibility in making a challenging immigration system work for all of us.

In the holiday spirit of gift-giving, I provide Mr. Reid the following free non-legal advice: count your blessings, open the checkbook, and consider using E-Verify – it’s free.

Transcript: Blogger Roundtable on the State and Future of DHS

Wednesday, December 10th, 2008

Yesterday, the Department of Homeland Security hosted the last installment of exclusive blogger roundtable events that Secretary Chertoff has been attending throughout his tenure. Below is a transcript from the event which covered the current state of DHS and future of the agency.

MODERATOR: Could you guys maybe just quickly identify yourselves so the Secretary can put a face with a name?

QUESTION: I’m Dan Fowler from Congressional Quarterly.

QUESTION: Rich Cooper, Security News.

QUESTION: I’m Joel Johnson, with BoingBoing.

SECRETARY CHERTOFF: Boing Boing?

QUESTION: That’s it.

QUESTION: Michael Santarcangelo, Security Catalyst.

QUESTION: Mary Mosquera, Federal Computer Week.

QUESTION: Chris Dorobek, Federal News Radio and my own blog, Dorobek Insider.

SECRETARY CHERTOFF: Okay. All right, well, first let me say — I guess — how many of these blog – these blogging roundtables have been done? Five, six?

MODERATOR: Five or six now.

SECRETARY CHERTOFF: Well, this turned out to be a really, really good innovation. I’m sorry we didn’t do it earlier, you know, a couple years ago. You know, we’ve tried to get into the new wave of media. I’ve done my own blog. We’ve done a little bit of social networking with the disasters, which I think worked pretty well, but maybe hasn’t fully been realized due to the capability.

But I think actually, in many ways, this was, of all the new media things we tried, this was the best. I think it’s gotten – it’s been a great opportunity to get accurate, in-depth stories about what we do, as opposed to sometimes what you get in classic media, which is kind of a little snippet of something. So I’m not trying to fawn on you, but this I will recommend to my successor, if she’s not already doing this — I don’t know if she is – that she continue this. It’s been very worthwhile.

Touch wood, as I always do. We’re seven-plus years without a successful attack on the United States, and I do think it’s fair at this point to look back and ask why it is we have succeeded in preventing or disrupting attacks, whether it was the shoe bomber; there was the Faris effort to blow up or plan to blow up apartment buildings and bridges; some of the plots up in Northwest, the Northwest United States; some of the things that are currently being tried; of course, the August 2006 airline plot; and I’d say that, you know, it reflects the President’s — maybe the most significant challenge of his administration, which was to protect the country.

It’s degrading the capability of the enemy by killing and capturing leadership and putting them in a position where first they were thrown out of Afghanistan, and second, where they have to be mindful about their own safety as opposed to the, you know, planning that they want to do. I think much better intelligence collection at every level. It’s much more sophisticated now. It’s much more granular now than it was when I started out in 2001, and even than it was in 2005. Our ability to connect the dots and to perceive relationships is much more refined than it was five, six, seven, eight years ago.

At our own border, we’re now taking biometrics from everybody who comes in. We have much better visibility into the travel patterns of people who are coming in, and we have the ability to look at some commercial data that shows relationships. And that’s directly resulted in our ability to identify people who are coming into the country who deserve, at minimum, a closer look.

I think all of these things — what we’ve done to scan virtually 100 percent of the radioactive or containers that come into the country for radioactivity, what we’ve done in terms of chemical plant security, rail security for the transportation of chemicals; all of these things taken together have yielded real results.

We know the enemy continues to be active because Mumbai two weeks ago; Islamabad; failed efforts to attack in 2007 in Germany and Britain; 2006 airline plot; 2005 London bombings; Madrid 2004, and a whole host of another plots, successful and unsuccessful, have demonstrated the enemy’s continued intent.

So I think we have to fairly credit our decreased vulnerability. Now, this doesn’t mean that the job is done. It just means that we should continue to work to stay ahead of the evolving enemy, because the enemy evolves, too, and they become more sophisticated.

In terms of transition, I think we’re well along. We’ve prepared all our briefing materials. I’ve prepared and gave my successor a memorandum that gave a kind of an overview of what I felt the major looming issues were. I’ve met with my successor. We’ve had many meetings at multiple levels. I know the plan is to have some kind of an exercise for the new people early in January before we have the transition on January 20th and the transfer of power, and I think that’s going to go a long way to preparing them.

Most important, we have experienced career people in all of our components who are prepared to be acting until their permanent heads of the various directorates and divisions come into place.

Just to put it in perspective, we have approximately 80 political appointees who you would consider to be senior employees out of a department of 220,000. So contrary to some of the myths, we have a percentage of political employees in leadership jobs. That’s essentially the same as you get per capita with most departments.

And in terms of very senior leadership positions, Coast Guard and the Secret Service are career; they’ll stay the same. The acting heads of Customs and Border Protection and ICE are experienced career people, as is the acting — is the deputy and presumably the acting head of TSA. My undersecretary for management will stay by operation of law until her successor is confirmed. And so I think we’re leaving the place in good order, and I want to make sure that we make this as smooth a transfer as possible.

We’ll be very focused, obviously, on the inauguration. Not just the security planning in a kind of narrow sense, but I want to make sure that we work very closely with state and local government to ensure that the whole weekend is a smooth weekend.

There are all kinds of stories about, you know, a lot of people coming in, maybe more than we’ve had before. We need to make sure, you know, some of the prosaic stuff: Is there enough housing for people? Are people’s expectations about what they should do and not do, you know, properly addressed? What’s the traffic management plan? How are we going to deal with some of those issues? Particularly if you get people who haven’t been in Washington, they may be uncertain about what to expect. So I think I want to work hard with my state and local counterparts and others to try to focus on preparation for that event.

QUESTION: Have you had conversations with the D.C., Virginia, Maryland folks already on this?

SECRETARY CHERTOFF: There’s been a lot of planning that’s been done already. I am actually going to be speaking to each of the governors and the mayor myself in the next day or so in order to make sure we’re at our level, we have full visibility, and address any concerns and make sure we continue to stay closely engaged as we move forward.

QUESTION: What are you going to miss about this job?

SECRETARY CHERTOFF: Blogging roundtables. (Laughter.)

QUESTION: The question, really.

SECRETARY CHERTOFF: Well, it’s actually been fun, because you guys generally ask good questions and enjoy the dialogue.

I’ll miss the — some of the terrific people I’ve worked with. I’ve had some great opportunities. Stuff I’ve loved the most is getting out on horseback at the border with the Border Patrol or Motor Lifeboat school with the Coast Guard out in Astoria; or in the arctic, overnighting on a cutter with Admiral Allen and Heeley; going to Iraq, going to Afghanistan and meeting with our personnel and the troops there.

You know, all of that’s been a tremendous amount of fun, and just even in Washington, dealing with the fine men and women who make up this department. It’s really been — that’s, I think, what I’ll miss the most.

QUESTION: When you got approached for the position, you had something in your mind, what you expected. How did it measure up?

SECRETARY CHERTOFF: Well, I mean, some of it was what I expected. I know — I had had the experience of dealing with threats and responding to threats through my experience at the Department of Justice. I think that was not a surprise to me. I had experience dealing with the inter-agency from my prior federal service; that was not a surprise. I dealt with Congress and I had worked with Congress, so that was not a surprise.

I think the — I understood what the management challenge was and I wasn’t surprised by that. I think that some of the, obviously, Katrina was an extraordinary circumstance, so that was an unexpected thing.

QUESTION: Aren’t they all unexpected?

SECRETARY CHERTOFF: Well, but I mean unexpected in the sense that we’d been through a terrorist attack, so you know, in a sense, one was foreseeable. Hurricanes are foreseeable. The collapse of the levy wall and the subsequent flooding due to structural failure is not, you know — I mean, it’s always within the range of possibility. It wasn’t something that had happened in recent memory and there certainly wasn’t anything in my briefing books about engineering of levy walls. (Laughter.)

So I guess in thinking about it, I don’t think I was terribly surprised. It’s always instructive to see how challenging it is to move a large organization, and some of the inertia that operates within government in general.

But I also have to say, unlike some people, I didn’t come in with the view and I don’t leave with the view that government is always bureaucratic, bad and clumsy, and the private sector is nimble and wonderful. I’ve been at both. The truth is that both the private sector and the public sector are populated by human beings. Some of them are excellent; some of them are not so good.

Every institution has its own advantages and handicaps, and I’ve found the federal employees I’ve worked with in all my jobs, but particularly here, to be every bit as good as the people who I’ve worked with in the private sector. I mean, I’m not a person who — it’s easy to say, you know, kind of have a picture of bureaucrats and everybody thinks of, you know, people sitting around with eye-shades on shuffling paper, or like that scene in Indiana Jones where they wheel the ark into that big file room and it can never be found again.

But that’s not my -

QUESTION: — polyester ties.

SECRETARY CHERTOFF: Yeah. But that’s not my experience. My experience with the government agents is the border patrol; customs inspectors who catch things; the TSA screeners who have to deal with a stressful situation but stay alert; the remarkable Coast Guard rescues; even the really hard work on some of the management issues that people did. It’s not glamorous, but have really transformed us, for example, in the information security area in FISMA, from what started off as an F to what was a B-plus last year. I mean, that’s not like a — they’re not going to make a movie out of that, but that’s a great tribute to a lot of hard work.

And I always found the people in this department dedicated to the job, and really all in tune with our philosophy of protecting the country. That’s been really gratifying.

QUESTION: What are you most proud of during your time as secretary, and also what is your greatest regret?

SECRETARY CHERTOFF: Well, I think I’m most proud of the fact that – it’s not entirely our doing, but we share in the fact that there hasn’t been a successful attack. I think I’m very proud of the fact that we have reversed the tide on illegal immigration. We haven’t, obviously, ended it, but we’ve started to move it in the other direction. I am proud of the fact that when we said we were going to do something, we got it done, or at least as far done as humanly possible, which I think is important for government to do.

In terms of things that, you know, I’m unhappy with, I mean, obviously, Katrina was a very, very difficult time for the Department. And yeah, I think there are some valuable lessons that were learned in truth. I guess I still feel what I said in July of 2005 was right: we had not built a planning capability in the civilian domain, including federal, state and local authorities that was remotely like what was necessary dealing with a catastrophic event. It’s just never been done before. And unfortunately, August 2005 came only a month later. So we were forced to live the perception that I had achieved a month before without enough time to fix it.

But out of that came, I think, a real change in the way we plan and prepare, which I think you saw in hurricane Gustav, which was a very, very effective evacuation, even one where we had some bumps in the road, but we were able, because we had done enough planning, to improvise the go. So you know, I think sometimes you learn most from things that don’t go well, and that’s been a — you know, part of my philosophy.

Oh, the other big disappointment is I’m disappointed we didn’t get comprehensive immigration reform. I think that — I think the agreement we reached to get everybody from Ted Kennedy to John Kyl to come to a compromise was remarkable. And I think it was a great tribute to the leadership of senators on both sides of the aisle, and I’m sorry it was just not possible in the process to get that to become the law.

QUESTION: When you talk about your July 2005 comments about creating an integrated planning capacity, part of that, obviously, is FEMA. And there are International Association of Emergency Mangers and others who are talking about taking, you know, that portion away from DHS. If they’re successful in doing that, what does that mean for — what do you see that meaning have for the rest of the department? Do you see other portions of the department breaking off and becoming autonomous again?

SECRETARY CHERTOFF: No, I don’t think it’ s –I mean, that would just create a lot of extra, you know, floundering around. I think that taking FEMA out would return us to the days when the police and the fire and emergency people didn’t talk to each other. Everybody did their own thing, and then they had a fight during an event. And frankly, there was a little bit of that on 9/11, where it was two independent groups, both excellent at what they do, but not integrated tools of their planning.

If you look at open-source reporting from Mumbai, there was a complaint about lack of coordination, including between emergency services and police. Let me even take, as I’m looking at planning we’re doing for the inauguration, I have to look at, and the state and local governments are going to have to look at, the whole spectrum of things. It’s going to require prevention, protection, law enforcement and emergency response if something happens.

Isn’t it better to have all that in one place? And more than that, to have interoperable tools, so that when FEMA needs air support to scope something out, we’ve already planned and trained for that because we’re part of one department; or when you need to have extra bodies or extra boots on the ground to distribute food, we can get TSA to do that for FEMA. That is much easier within a single department than if you have to work between departments.

And, you know, I think in my reading of the history of the Defense Department, for thirty to forty years, people in the Navy were saying, pull the Navy out of DoD, we don’t want to be tied together with the Army. And of course, I think it wasn’t until Desert 1, that failure, that everybody finally said, you know, we ought to get serious and put that to rest; we ought to really integrate the Defense Department. And I think that that’s the lesson for here as well.

QUESTION: Mr. Secretary, looking forward, perhaps you’ve given some advice to the next administration, but what are the next IT system projects that you think need to — that they need to keep the most eye on so that they can continue or get to the point of being successful and effective?

SECRETARY CHERTOFF: Well, we have a reengineering and an upgrading of our CIS information systems. We’re creating, of course, a second backup system for all of our systems, which is a project that’s underway, as part of our larger cyber security initiative, obviously, reducing the number of trusted internet connections, deploying the next generations of Einstein. All of these are part of what I believe is important.

In general, IT investment tends to get less attention because it’s not glamorous, it doesn’t make a good press release. But as we saw with CIS, without getting the money and beginning the upgrading, it just makes it harder to provide customer service.

QUESTION: What’s the biggest misconception that Joe Public has of this agency?

SECRETARY CHERTOFF: A sprawling, 22-agency conglomerate.

So first, where does 22 agencies come from?

As near as I can figure, someone counted up the direct reports to the Secretary under the original plan. But the truth is, most of the direct reports were very small offices, like the Office of Civil Rights and Civil Liberties or the Privacy Office. Those weren’t large agencies. They’re basically supporting elements.

There are really eight major operating elements in the department: the seven operating components and the National Protection and Programs Division, which is where we put the cyber security and the infrastructure protection, where we do, you know, some of our regulatory aspect.

And if you think about it, all of the pieces — and I would argue FEMA fits here too — are integrated. They fit together thematically. Most of our operating elements deal with some element of the border or transportation, how do you keep bad things out, how do you make sure that when things are moving around they don’t become a threat or they don’t become a target. And then when you add FEMA in, that gives us the response and mitigation piece, which rounds out the prevention and protection piece.

So yeah, we’ve gotten a little bit into this. You know, there’s kind of an intellectual laziness. It’s like some people, maybe some reporters, they have a paragraph that was written in 2003 about the department and when they’re rounding out the story, they hit the button and that paragraph is always in paragraph eight.

We wind up seeing things like, you know, the Department is being criticized for XYZ, and it happened in, like, 2004. And I go, geez, it’s been four years since then. And I think we ought to get a fresh look.

By way of example, there was a study done by the Partnership for Public Service that was released yesterday, or the day before yesterday. They asked the public, of all the services the government performs, what do you think — or, which ones do you think are excellent or good? The number one — 70 percent excellent or good — was aviation security. Sixty-nine percent, number two, was defending the country. I thought, wow, that is — you know, I would have never have imagined that, reading some of the stuff that’s been written.

There’s a lot of you, you know, I’ve seen this both in terms of the border and the aviation system. Other than maybe IRS, we deal with more individuals day in, day out, than any other agency of government. Much of what DoD, for example, does is overseas. What State Department does is overseas. We deal with we have hundreds of millions of transactions a day. No matter how good we are, some, even if only a tenth of percent or a hundredth of a percent are inconvenient or problematic, that’s still going to be, in absolute terms, a fairly large number if you do the math.

QUESTION: So how many what’s the number of direct terrorist actions that have been interfered with by TSA screening, for instance?

SECRETARY CHERTOFF: Well, I can here’s what I can tell you. I can tell you that we’ve kept you know, I don’t have them all in my head. We had a case where somebody had bomb components in a piece of luggage they were going to take on. Now, do I know that they would have found some way to assemble it, or do I know that at some stage of the of the person’s flight path, it would not have become the bomb? I don’t know that. I do know that you probably wouldn’t want to get on that plane and I wouldn’t want to get on that plane.

I know that we’ve kept off weapons. Now, do I know the person who had the weapon was going to use it? No, maybe not. But I know that I’d rather not have that on a plane. Do I know how many people I’ve deterred? I don’t know that because I don’t know how many people have said, I’m not going to try to do something because I know there’s a high likelihood I’m going to be caught. What I can tell you is that in the period prior to September 12, 2001, it was a regular, routine issue to have American aircraft hijacked or blown up from time to time, whether it was Lockerbie or TSA or TWA 857 or 9/11 itself. And we haven’t had even a serious attempt at a hijacking or bombing on an American plane since then.

So, you know, it’s a little bit like getting vaccinated against a dangerous illness. You know, we all took polio vaccine when we were kids. Maybe you may not be old enough. (Laughter.) I can’t tell you that if I hadn’t taken the vaccine, I would have gotten polio. But I can tell you that it is a sensible thing to do. And that’s kind of how I view TSA.

QUESTION: Down that path, then, how do you separate out going after real risks versus perceived risks? Right? Because as humans, we’re not real good at judging risk.

SECRETARY CHERTOFF: Yeah. That’s a really important question. We try to manage risk by being disciplined and balanced. You know, I’ll give you an example.

We put a lot of effort into scanning and screening cargos that come into the United States, cargo containers that come in, because of the concern of a nuclear device or something like that in a cargo container. I think that’s been good. It’s drawn down the risk to a reasonable level. There’s a lot of push to do that, all that, overseas, even before it gets on on a ship. And there’s a lot of cost and difficulty in that.

So to my view, that may be, at least if you’re talking about a port of embarkation like Southampton in a country like Britain, which has a very good intelligence service, that strikes me as perhaps a little bit of overkill. On the other hand, many people who argued for that said not a word about general aviation. And yet a couple years ago I had a senior executive in a jet leasing service come to me and say, I don’t know really who leases my jets. For all I know, someone could get on with a bomb and it could fly into the United States from overseas, detonate the bomb over a city, and that’s that. So as a consequence, we started to say, let’s raise the bar on general aviation. So we put rules out on advanced screening of passengers, and we’re setting up agreements to do preclearance overseas.

I try to balance, you know, and I think we all try to do the best we can, reasonable with a sense of reasonableness. We don’t try to make the architecture of the New York subway system, in terms of screening, be the same as the as the airport.

Now, with all of that, I have to say perception is not entirely inadmissible. A lot of what is important in security is public confidence, and visible security adds a certain dimension to public confidence which I don’t think you can underestimate. And so I think we have sometimes been visible in doing things. I mean, I raised the question at some point, like, why did the National Guard get posted at the airport? Particularly we do less of that now. And, you know, part of it is I guess if someone were to act out, you’d have an additional show of force. But part of it is public confidence, the public being confident.

The flip side of it is if you look at Katrina, I think one of the issues in Katrina was the lack of a lot of visible presence of the authorities on the ground and that creating a sense of disorder. So one of the lessons I learned is the perception of order and security is actually an important operational element in establishing order and security. It’s a kind of a corollary of what Rudy Giuliani did in New York with the broken windows theory, that if you establish that breaking windows and graffiti will not be tolerated, you actually generally drive down crime because you create a sense of order.

QUESTION: Sir, I was really trying to avoid using this term at all. But are you actually saying that security theater is an important aspect of actual security?

SECRETARY CHERTOFF: No. I don’t I don’t think it’s theater because I think the person who says this is kind of unrealistic and is kind of trying to be provocative. I don’t think they’re doing things for no reason to make sense, but I think understanding that visible security has a role to play is important. It is a deterrent.

QUESTION: Well, sure. But theater also means theater has a purpose, too, to express a meaning. And so

SECRETARY CHERTOFF: Yeah. I mean, the problem is, I think the term is not meant to be it’s meant to be pejorative. It’s meant to be suggesting suggest that it’s like a puppet show. But I would have to say I think visible security does have a role to play because I think it does inspire a sense of confidence.

It also is a deterrent because, generally speaking, people, whether they want to smuggle things in or commit crimes or commit acts of terror, are deterred if they think there’s a reasonable likelihood of apprehension, and therefore, particularly if you mix it up, if you do random things, if you change things so they’re unpredictable, I think that that actually enhances security.

QUESTION: But if the point of terrorism is to scare people, and if the easiest way to scare people is by killing them randomly, if you don’t have the ability to put security everywhere, I mean, it still seems like you’re ultimately inconveniencing people with a lot of useless screening and useless or, most of the time, useless security, but not actually able to ever stomp down the threats.

SECRETARY CHERTOFF: Well, first of all, you do try to stomp down the threats because you try to eliminate them overseas. You try to catch the people when they come in. But what layered security recognizes is that no one layer is perfect. So what you do when you have screening is, first of all, you do find things. I mean, we do find we find people bring on things, and we have found people coming in across the border with things like how to make an IED. And, you know, it’s important to catch that. But we also deter people because we raise the barrier to them carrying out an attack because they worry about it.

Now, is it perfectly successful? No. So I’ll give you an example that I sometimes use.

The best police chiefs in America, guys like Ray Kelly and Bill Bratton, they have not eliminated crime in their cities. Does that mean that having police is useless? It scares people, you know, because you have a lot of police presence, and it costs a lot of tax money because you haven’t stomped out crime? No. You’ve reduced it. We have reduced the risk of terror. We have not eliminated the risk. And an argument that I find fallacious is one that challenges all security measures because none of them is a perfect security measure.

QUESTION: No, no. And that makes perfect sense. I mean, you have to have some security.

SECRETARY CHERTOFF: Right.

QUESTION: No, I think we all agree on that.

QUESTION: How do you so on that, though, I mean, it’s still back to the perceived versus real. And I like your explanations of it. But then so how are you measuring it? So you come back and say, oh, that was a good decision or that wasn’t.

SECRETARY CHERTOFF: You know, it’s a little hard to measure deterrence. I will say that we challenge certain things. For example, on the issue of selectee status when we move to secure a flight, you know, part of our reasoning was that we might this puts us on a path to be able to allow people who are not actually no-flys, and I’ve publicly said, now, that’s really I think it’s less than 2,000 they have people who are selectees but aren’t no-flys get their ticket at the kiosk without having to go and identify themselves each time as long as they can give a frequent flyer number or a birth date.

So that was an examine of where we really analyzed, did we think that what was we were able to achieve by making selectees go and identify themselves, was that tradeoff worth it in terms of the inconvenience? So we concluded it wasn’t. There wasn’t the marginal security benefit was not there.

QUESTION: Now, are you employing like economists and mathematicians? Like how I don’t mean to belittle the question

SECRETARY CHERTOFF: No.

QUESTION: other than saying how serious is like the measurement of risk?

SECRETARY CHERTOFF: I think it’s very serious. I mean, you get into, like, for example, chemical security, how we measured risk there.

QUESTION: Sure.

SECRETARY CHERTOFF: They’ve got a whole battery of people who are have an economics background, who have other kinds of risk management background. There are formulas that you can use, and you can tier things. That’s true in other areas as well. We have a system called High Track, which does risk analysis of different kinds of targets and different kinds of threats. We’ve done a lot of that in identifying particularly the highest consequence events.

But I also have reserved the right sometimes to use judgment as an override. So, for example, when we three years ago we got a very complex system for allocating grants that involve counting a lot of different things. And it led to a lot of quibbling about whether you had miscounted the number of buildings, or did you leave this building on or that building on. And I asked everybody to run the analysis reducing the variables to some basic core principles population, population density, you know, high value infrastructure, a few things like that.

It turned out that there was actually very little difference, and that by doing a lot of counting of little things, we were not actually adding value in terms of risk. We were simply over-complicating for something that therefore became less transparent. So I’m always a little hesitant about the tendency of professionals to try to make you know, the guild mentality, make everything really complex and arcane.

And so one of the things I’ve tried to do is reserve the right to ask a lot of hard questions about what does this really add? And to simplify, and we ultimately simplified the measurement on the grants thing. And for the last two grant cycles, everybody was basically happy. I mean, people

QUESTION: I was going to ask about that because you actually caught I thought you caught a lot of flak for it when you did it. And I actually applauded it because it felt like somebody was actually measuring it as opposed to throwing money at everything.

SECRETARY CHERTOFF: Right. And I think it’s worked out pretty well.

QUESTION: And so that said, what would going into it now, knowing what you know, looking back, I mean, hopefully you would recommend that the new administration continue that.

SECRETARY CHERTOFF: Yeah.

QUESTION: What was the biggest lesson from that? I mean, it sounds like simplifying the factors

SECRETARY CHERTOFF: I think that the biggest lesson is not to be reticent to challenge experts on things. It’s important to listen to experts, but sometimes there’s a tendency for experts to guard their prerogative by making it so arcane that you’re afraid if you challenge it, you’re going to be accused of like not, you know, paying appropriate deference to expertise. I was lucky, and I think my successor has the same background so maybe she can do will do the same thing, that I had had a lot of experience cross-examining experts in the courtroom, so I was a little less reticent to ask hard questions. And I could be persuaded, but I didn’t necessarily, particularly as I got more acclimated to the department. I think sometimes the best value I brought was stepping back and saying, let’s think out of the box. Let’s look at it differently.

QUESTION: How did you bring people back into the fold, then? I mean, a lot of the mayors that were upset that they weren’t getting their funding and their grants, I mean

SECRETARY CHERTOFF: You know

QUESTION: was there a lot of personal connection there?

SECRETARY CHERTOFF: I spent a lot of time talking to mayors and governors. I found generally I’ve enjoyed mayors and governors have a very practical, real set of responsibilities. They understand that you have to make tradeoffs. They fight vigorously for what they want, but I think they understand, sometimes, if you can if you can explain it to them in a way that is clear and makes sense, they may not be happy with it but they’ll accept it.

I think the one thing that we’ve really proven, and it was validated in an article which we can get you, is that we are totally apolitical in the way we make these decisions. And I think that in a short period of time, everybody, whether they liked it or not, recognized that we were not political. They might disagree, but they didn’t think there was politics coming into it.

And I also want to pay thanks to our appropriators, in the House and the Senate, both the Republican and the Democrats, because they all and we had a switch in the middle of my tenure honored the principle of not messing with our grants and earmarking. And so they really were supportive of us in terms of this, and I think that they deserve a lot of credit for that.

QUESTION: There was the relationship between state and locals and this organization is still somewhat strained.

SECRETARY CHERTOFF: Uh-huh.

QUESTION: And particularly I’ve dealt with this wonderful program called Virtual Alabama, which they feel was a little bit of it wasn’t invented here, and therefore everyone up here says, we don’t it doesn’t play a role. And that’s not an unusual feeling from folks outside the Beltway.

SECRETARY CHERTOFF: It’s a hard balance because we get a lot of suggestions. There are a lot of different suggestions. We can’t sometimes they’re inconsistent. We can’t always, therefore, audit them all because they’re not necessarily they’re not necessarily consistent. I think we’ve learned over time to have more and better engagement with state and locals, and I think that’s something which I’m sure is going to continue.

Initially, when you’re first setting up the department, you’re just so focused on making the basic stuff work that you do tend to be very focused on your own missions. But I think we’re broadened it out now. We’re now working a system that Los Angeles launched on suspicious activity reporting, which is now being networked to other cities. And our role, which I’ve said we should play here, is to be the house the federated servers and the federated systems. We don’t just still have to control it all. We want to enable networking at the state and local level. We want visibility into what’s going on so we can learn about it and add value to it. But we don’t necessarily have to be the traffic cop.

Another example of a lesson that we learned, and sometimes the best thing is to get out of the way. And this is part of what happens when you’re a mature organization. When we had Katrina, and like everything was like sending stuff to FEMA, in-kind contributions that might or might not been useful, and then people wanted things, and we had no way to connect them up. And we wound up with warehouses full of stuff, and people get irritated, and et cetera.

So we said, well, you know, why are we in the middle here? We’re in the world of eBay and all this, you know, internet facilitation. And it turned out there was an virtual Aidmatrix that had the ability to register you know, state-validated charities or groups that needed items. And they could go online, and we could tell people, if you other than money, cash, if you want to give something, get online to Aidmatrix. Say, I’ve got this to give. See who wants it, and get it there. And it’s worked very well over the last round.

So that was an example of taking a look at something and saying, you know, instead of fighting about what’s a better way to get the stuff in the warehouse and catalogue and then find people to use it, let’s just get out of the way. Let’s let the network work. I think as we continue to mature as an organization, we will find more opportunities to get out of the way and facilitate as opposed to be the actual switch, and therefore potentially the clog in the flow.

QUESTION: You talk about relationships. Do you see building capacity, that we break the country literally into regions? I mean, FEMA already has its ten regions, and Customs and the other department components also have theirs. Do you see that we will really reach a point where we will start to really regionalize how we manage some of these particular efforts?

SECRETARY CHERTOFF: Well, some things led itself to that. The problem is the regions, I guess, are configured identically. I mean, the Border Patrol obviously does not have a lot of activity in Kansas, so their regionalization is a little different.

But I do think increasingly we want to get the components at the at the regional level working together. We’ve done that, particularly in the domain of maritime activity with Customs and Border Protection and Coast Guard and TSA. They have, in some of the ports, put together joint centers and joint activities. And I think that’s a good lead into regionalization.

I would say more localization. Not every region fits all. Some are more intense in the maritime. Some are more intense in other things. But I think that the more we can decentralize, again, as we get more mature, the better we are.

QUESTION: When you look at, using your term, localization, the new administration is talking about spending literally billions on new infrastructure. Do you see this department, you know, looking to provide some guidance as to some of the those infrastructure investments, whether those be new utilities, roads, bridges, et cetera?

SECRETARY CHERTOFF: Here’s I actually gave a speech about this six months ago, so which I say on that I’m not a Johnny-come-lately to this. I said, we have about 2- to 3,000 critical infrastructure from a security standpoint that we identified through I think is a disciplined process. I think that a comparable process would probably produce very similar sets. Already been done for infrastructure, so that when you are prioritizing what you’re spending your money on, you are putting it into things that have the most value. For example, what are the kinds of infrastructure that you need to maintain or repair or enhance in order to prevent another levee failure of catastrophic breach failure.

But that doesn’t mean every bridge in the country. It doesn’t mean every little levy in the country. And the hard thing will be this, which I’ve experienced in my job dealing with grants. If you unless you have a limitless amount of money, and I don’t think we do, if you spend on if you dole it out or spread it around like peanut butter so every congressional district or state gets a little bit, that’ll make jobs or people. But what it won’t do is necessarily add informs that will have a real productive value. At the end of the day, I don’t necessarily think painting murals is the best way to use to develop jobs and to have the economy moved.

What you want to do are build things that you would build in any event, because they have independent value and then you want to use your money to do that so if, you know, strengthening the levies around Sacramento to prevent a catastrophic problem up there, you know, that’s a value add that if you could accelerate might be helpful. Or widening the ports of entry so that there aren’t long delays which cause time and effort in international travel and also pollute the air because people are idling their engines. That’s the kind of thing.

So, and I’m sure there are others who have ideas. I think the challenge is going to be a disciplined non-political process for distributing the money in a way that is productive. That’s going to be hard thing to do.

QUESTION: How would you assess the management of this agency? How well managed is it?

SECRETARY CHERTOFF: Well, here’s what we try to do and I think we’ve succeeded to a significant degree over the last four years. When we came in it was brand new. I take my hat off to Tom Ridge who did a very good job standing up literally from a cubby hole, but we were immature. We had independent systems. Every agency tended to focus on its own task.

In addition to condensing some of the IT systems and the financial management, we do see our material deficiencies from a larger number to a smaller number. What we’re able to do is build a joint planning and execution capability through our office of planning and coordination that enabled us to analyze a problem and then across components, and this is the value of the department, and then build a plan across components and have metrics that would show we are able to achieve the plan. And that also got people focused, not so much on just doing their own task, but on producing an outcome so that it’s not like, I’ve done my job, I’m going home. But it’s I’ve done my job, what can I do to make sure we reach the outcome.

The best example, or the first example, is what we did at the border because we looked at the whole process and we realize that success at the border was not just an issue of how you catch people, but how do you detain them, how quickly can you return them, how quickly can you free the beds.

And we wrote the joint plan with CBP, ICE and to some extent CIS to streamline that process and then we built metrics, so we measure every week or every two weeks what’s our bed space, what’s our turnover. And that helped us identify where there were problems and we use this now to map the border. Where’s the flow greater? Where’s the flow less?

Not terribly different from what guys like Bill Bratton did in New York with COMSTAT. You can use the numbers — numbers don’t tell all the story, but they’re a good tool in many respects in terms of measuring how you do.

QUESTION: You mentioned that you met with Janet Napolitano. When did that meeting take place and what was the most important piece of advice that you gave her?

SECRETARY CHERTOFF: Well, it was last week. I’m not going to share my advice with her because she’s entitled to have it be private and I’m sure I’ll meet with her again. I’ve known her for a long time and I think very highly of her.

I think in general other than, you know, I mean there’s a lot of written stuff about programs and I wrote a memo which tried to put some of these things in perspective, but there are a number of things that, as a secretary alone, you do that I think are worth sharing, you know, about the inter-agency process, thinks of that sort and that’s the kind of thing you have to talk about –

QUESTION: One of the recommendations that you’ve talked about is sort of not making significant changes to the agency and letting it as it is. Why?

SECRETARY CHERTOFF: Because every time you threaten a reorganization, let alone carry one out, everybody stops. They don’t know who the boss is going to be. They don’t know what they ought to do. Everybody has their own idea.

You could always go back and say, well, in a platonic, ideal world we could have organized things differently. No organizational structure is perfect and no matter which unit you put in, that will have its imperfections too.

At some point people need stability to have a system that is predictable and works and, you know, after you’ve had stability for a period of time you may choose to eliminate something or combine something or add something. But I think it’s — you know, one of the reasons people in Washington love to reorganize is two things.

First of all they can create jobs for themselves; and secondly it’s easy and dramatic. It’s not the kind of day in, day out implementation which requires spending a lot of time on the details and chasing them down, but it’s a sweeping thing and new titles and new boxes and it’s, you know, other than spending money it’s the kind of thing that is maybe the most pleasurable, you know, from a kind of a big picture standpoint. But in the end it creates its own instability.

QUESTION: Just going back to the reorganization idea if you could go back to when DHS was created would you have — I know that you don’t want FEMA to come out now but would you have put it in to begin with?

SECRETARY CHERTOFF: Yeah, I think it makes sense. I mean, I think that I probably have been more skeptical before than I am now because I’ve seen that we have been able to support FEMA using the rest of the department, using the air assets, the communications assets, the boots on the ground.

If FEMA had been separate what would have happened is we would have let them prevention and protection. We would not have been that focused on response. That would have been someone else’s job. They would have been focused on response.

When problems came up that span the issue like a biological attack where there’s a prevention element and a response element, it would have been harder to get us to connect together, and most important when you manage an incident you are someone who can manage the whole spectrum.

So let me come to the inauguration day. You want to have the ability to manage the prevention side. That’s like the Secret Service, which runs all the prevention and protecting. You want the infrastructure protection pieces like the TSA, which is able to make sure there is air security. You want to have the Coast Guard out looking at the waterways. And you want to have FEMA because if there is something you need to be able to get the ability to manage the emergency and get people to a medical facility and things of that sort.

So that’s exactly the — having one operational department that in a civilian domain can manage an incident is, I think, what would get the civilian domain into the space that the defense department got into after Goldwater-Nichols, which was truly integrated joint activity.

QUESTION: And if you remove it? Again, we go back to the prevention piece that you were talking about.

SECRETARY CHERTOFF: Then what’s going to happen is I suspect FEMA’s going to spend a lot of its time focused on what it’s traditionally done, hurricanes, disasters, things of that sort. DHS will spend a lot of time on prevention and protection which it’s planning to do. And if something happens — and they’ll be a big seam right between them; and that seam will be what do you do when something can be attacked or addressed by both trying to prevent it, but also mitigating the damage in terms of response. And there will be no one who has ownership or responsibility for that. It will be something which everybody will say that’s that person’s job. And I think that the reason to integrate is to have on that spectrum all — you know, the ability to do all these things.

To put it a different way, if there had been a problem in Gustav as there was with the last minute decision by the hospitals to evacuate and if FEMA had been by itself, who would have had to then go and scare up assets to try to move people? And that would have taken a bit of time whereas, because we were working together throughout the process and planning and exercising and because I was literally on the ground, not just with FEMA, but with Coast Guard, I could simply tell the Coast Guard, I could tell Customs and Border Protection do it. Let’s do what we have to do and it was immediate execution. So that speed makes a big difference.

QUESTION: A lot of people, many people I think are in agreement that FEMA was pretty successful during the ‘90s when DHS wasn’t even here. Can you talk a little bit about that?

SECRETARY CHERTOFF: The question is this: What was the big challenge during the ‘90s? I mean, FEMA could stand alone doing routine things, but I mean let’s take Katrina. There never was a plan written for a mass evacuation of New Orleans that the federal government would do.

Now in the ‘90s was alone, did they write that plan? They were lucky. There wasn’t a big hurricane in the ‘90s, but it’s not like there was a plan and somebody threw it out. In fact, they began writing a plan after FEMA became part of DHS like in 2004, I think it was called hurricane Pam. That was the first cut at doing a plan for something like this.

I’m not denigrating the people prior to that, but I think there’s a little bit of a tendency to — and then of course we’re probably starting back to Andrew — it just depends on to some degree the luck of the draw of what you get in terms of do you get an extraordinary event.

The FEMA, prior to DHS, hadn’t done any real work on a radiological bomb or what would happen if there was a pandemic flu and you needed to have some kind of massive ability for mortuary work.

I just think, you know, there’s — here’s my observation having been in two governmental departments for a good year of my professional life. There’s a natural tendency of every department to revert to that to which it knows best, which is to do its thing because that’s what people join to do, they’re good at it, they’re comfortable with it and when you stretch them into another area or you try to bind them together, break the stove pipes down, there’s a natural resistance.

It’s like what we had right after 9/11 when there was resistance to the information sharing initially because, we don’t do that. That’s a law enforcement thing or this is an intelligence thing. This is what we do. It’s not what you do.

And what we had to do over time was change that. And it took a few years. It took a few years to fully get to the point that now I never hear from the FBI, I can’t tell you that. That’s an operational matter.

I never hear that. But I heard that a lot in 2002 and I was at the Department of Justice. So I think, you know, the desire of people to revert back to their independence is the kind of stove piping, and again, look at Mumbai. I’m not being critical, but the press reports were a failure to fuse; a failure to have unity of effort and I think that that’s a reminder about the fact that we need to continue to move in that direction rather than move backwards.

QUESTION: What skills do you need — everyone goes into a job and learns a tremendous amount. When you leave this job in the afternoon of January 20th, what skills do you walk out that you didn’t have?

SECRETARY CHERTOFF: Well, I had managed organizations, but I think I’m now one of the comparatively few people who has managed a $50 billion 220,000 person start-up. It has not always been easy and I’ve made my share of mistakes, but I’ve actually enjoyed it quite a bit largely because as I’ve been able to recruit a very talented group of people to work with me and that’s given me the opportunity to be strategic in terms of how we direct the organization. I would say that’s kind of the biggest new skill or enhanced skill I’ve developed.

MODERATOR: We’ve got time for two more questions.

QUESTION: What keeps you up at night?

SECRETARY CHERTOFF: You know, largely worrying that we are not going to be consistent about making the long-term investments in the low probability high consequence events because they’re not imminent. We’re not going to have — like right after Mumbai if I went out and talked about the small boat strategy everybody’s going to say, yeah, yeah that’s great. If I talked about it two months ago everybody’s like what do you want to do that for.

So the problem is if you look at the WMD area particularly biological and nuclear we haven’t seen that yet. We’ve seen it in the Anthrax attack but I think that is generally viewed as a kind of a singular event.

So how do you motivate people to invest the money and effort to prepare for that if it’s never happened? That’s what the financial people call the fat tail and I think that — I worry that the public will not have the consistency to make sure that those investments are accounted for.

QUESTION: Where does that stop? Like it seems like the DHS, the preventive side of the action is continuing to try to find new threats to prevent and by doing so removing liberties from us or from the citizens to try to protect us. So –

SECRETARY CHERTOFF: Well, actually it’s funny because in this particular area I don’t think that what needs to be done is take certain liberties. I actually don’t think in the WMD area, the investment has to be made obviously in terms of the nuclear, we want to keep it out, that’s going to mean finishing up what we’re doing on general aviation in terms of making sure that people can’t fly in on corporate jets without us knowing who they are and having been cleared. It means actually doing a lot more to secure nuclear material overseas. That’s not really our domain, but we have an interest in that obviously. It means more detection capability. Again, I don’t think that impacts on civil liberties unless you’re walking around with uranium in your pocket.

On the biological area, actually what I think we need to do is more empowering of people. I think the steps that need to be taken are the initiative, you know, the next generation sensing equipment and better integration of information about public health is to just take the existing countermeasures and make them more readily available as a precautionary measure to people.

We’re talking about now giving postal workers medical kits which have like Cipro and the normal countermeasures against biological agents because they might be used to distribute to other people and they would want to make sure that they are taken care of first.

But I’ve argued that we ought to take that further. First responders, maybe at some point, we ought to ask whether ordinary citizens should be afforded the right to do this. Now the medical establishment hates this idea because they like the fact — they believe, I’m not critical, they believe you shouldn’t get a prescription medicine without a doctor’s examination because of side effects and because if people misuse the drugs you can have bacterial resistance develop.

But I have to say that to me I think the balance of the possibility of a catastrophic attack like Anthrax or something which it would be almost impossible to distribute Cipro to thousands and thousands of people, trusting and empowering people to control their own destiny by having the ability to get that and hold it and keep it in their medicine cabinet I think is a positive step for security.

I think that actually is pro-liberty not anti-liberty because it empowers people. And they’ve actually done some field testing that people would be responsible in doing that. So I don’t view security as inimical to liberty. I think it’s — I’m the first person to say I think, you know, I don’t believe in 100 percent scanning overseas. I don’t believe that we ought to strip search everybody who gets on an airplane. I think we’ve got to be balanced and I think in many ways we’ve reached the right balance. And there’ll always be tinkering back and forth but so that’s my philosophy. I think, you know, we’ll see what the next secretary thinks.

MODERATOR: We’ll count that as a follow-up. We have time for one final question.

QUESTION: I want to ask you about cyber and it’s not a real clear question even as I’m trying to formulate it, in terms of you’ve got Greg Garcia. You’ve brought in Beckström. They haven’t really been that visible. There’s always banter about what level it should, where it falls. So as you’re on your way out where do you see cyber playing over the next –

SECRETARY CHERTOFF: The cyber — this is really — the cyber security strategy which the President signed off and launched in January really I think is a huge shift in the way we do this. Up until then we really treated cyber security as separate and distinct from the domain that was being dealt with in the Department of Defense and the Intelligence Community which limited what we could bring to the table.

We had US-CERT we could bring, you know, people to share information but we didn’t have access to some of the intelligence, some of the tools that might really take it to the next level. I think that when we put together this strategy it opened up a much broader playing field where we can be an interface between some of these very sensitive capabilities and information and not only the civilian domain and the government, but also the private sector in a way that’s not mandatory or coercive in the private sector but opens up the possibility of the opportunity.

With that the theory is that the cyber security division will be our operational arm, US-CERT, you know, our capability to do what we have to do as operators in protecting the civilian domain. But the cyber security center will be, I guess, kind of the like the NCTC, a fusion center between our operational activity, DoD’s operational activity, the intelligence community’s operational activity so we can network. It’s kind of again that federated concept, which are networked together and the center would really be the forum or the platform in which that networking occurs.

QUESTION: Do you see that rising in prominence or do you think it’s where it needs to be?

SECRETARY CHERTOFF: I think when it gets fully developed the idea is it will be really kind of a shared space of the major agencies that play here. Not a command and control organism, but literally a shared space where we, DoD, the IC and maybe one or two agencies come together and we share information across it so we can do our job and they can do their job. It doesn’t control or command, but it facilitates and moves back and forth.

Whereas the cyber security division is the actual operator in much the same way that the NCTC, National Counter Terrorism Center, you have your collectors and your analysts, but they also — they’re basically the fusion and cross fertilization. I think that’s roughly the concept.

MODERATOR: Thanks everybody.

SECRETARY CHERTOFF: Let me just conclude by saying I think in terms of public affairs interaction, as I said, this has been the most pleasant surprise is the blogging I’ve gotten. You get the deepest questions that are serious questions not loopy out of (inaudible). That, you know, even if you agree or disagree with what we do they’re always informed by a good knowledge base and that really is, from my standpoint that’s all I want. I may not persuade you or whatever but I feel that we get a full discussion of the issues which is great. So I’m going to recommend that it be continued. Alright, thanks guys.

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GREECE A CLEAR EXAMPLE OF WHAT CAN HAPPEN

Tuesday, December 9th, 2008

The definitive psychology around crowd behaviour acknowledges the concept of a personal threshold for violence, a level of threat, a situation or a culmination of events and factors that will lead someone to violence.  This threshold is affected by culture, conditioning, the law, personality, alcohol, ego and bravado.  For most people, it requires a catalyst, such as the Metropolitan Police’s ill-fated treatment of innocents as rioters during the poll tax demonstrations that spurred massive rioting, or the police shooting to death of a youth in Greece.  The rioting that we are seeing; rocks and bricks being thrown at police baselines, fires being set, etc, are clear forms of protest.  The real question for the Greek Police is how to deal with the situation.

The Greek youths who are rioting are clearly upset, and have felt the need to express their lack of respect for society and the police’s treatment of one of their own.  Having allowed the early protests that turned to violence, by this third day of rioting the police are failing to step on the problem more firmly – the risk is being run that rioting will be seen as an acceptable form of protest, and so attention must now turn to attacking the root causes of the violence.  Violence like this is not spontaneous; once, in immediate response to the event, it’s possible.  Continually, for days, this activity is happening because it is being allowed to happen; a group of people will be driving the violence, and they are the ones who must now be targeted and neutralised.

There must always be an avenue for protest in a democracy.  There must be an avenue for a group to vent their anger, and, if it is in response to an incident, to do so quickly.  However, these protests must be policed, and the police must be able to respond and control events.  There is regrettably little coverage in depth of what is happening in Greece, and so we are, to some extent, left guessing about the victories the police are having; are they managing to contain without violence large crowds, how many crowds are actually rioting each day and how many have been redirected or pacified – unfortunately it is a truism of policing crowd control and public order, like so much of policing, that only the negative events are reported – the victories are when nothing happens, and so go unnoticed.

I hear all too often in the US from police officers, particularly senior management, how rioting ‘can never happen in my city’.  I understand their point, and I am sure that there is a police chief in Greece who felt pretty much the same thing.  Having an effective public order capability is effective risk management; public order will not ‘ever’ happen anywhere, it is usually just highly unlikely.  The challenge for police chiefs and sheriffs in the US is in understanding what that risk is, and identifying the resource effective and efficient methods of anticipating that highly charged operational and political risk.

Rep. Rob Andrews “gets it.” Is anyone listening?

Monday, December 8th, 2008

Last week, Secretary Chertoff returned to his native state of New Jersey on what homeland security insiders are euphemistically calling his “Farewell Tour” to provide insight into the lessons he has learned during his tenure as DHS Secretary. He talked about the issues the country still faces and warned (yet again) against complacency. Especially in light of the recent attacks in Mumbai, the new administration – andindeed the nation as a whole – would do well to heed his recommendations.

Following Chertoff’s talk, US Representative Rob Andrews (D-NJ) honed in on one particular issue that has been a consistent thorn in Chertoff’s side – the completely dysfunctional process called congressional oversight of DHS. Andrews speaks from a position of authority as he is a member of the House Armed Services Committee – a model many have suggested makes sense to follow for DHS oversight by forming authorizing committees. Andrews is the latest in a string of responsible Members who agree that 80+ congressional committees cannot provide DHS with what it needs – a true Congressional partner in helping keep America safe and secure while, at the same time, building a culture of resilience.

Streamlining congressional oversight of DHS should be a major point of emphasis in DHS Secretary-designate Janet Napolitano’s upcoming confirmation hearing.

The question is whether House Speaker Nancy Pelosi is paying attention to this issue – and to her own members, such as Rep. Andrews. She should – and she should say so very soon and take this issue off the table for the new Congress. Madam Speaker, what say you?

Risk and Resilience for Infrastructure Investment Decisions

Monday, December 8th, 2008

Through his Saturday radio address and Sunday appearance on Meet the Press, President-Elect Obama has started to present the details of his Economic Recovery plan that will provide for substantial reinvestment in America’s infrastructure.  In making these investments, Obama is seeking to create new jobs while restoring many of the structures that have enabled our country’s workforce and economy to become the envy of the world.

Focused attention and directed resources in our nation’s infrastructures are long overdue and investments such as these are ones that I am anxious to support.   While I still have a number of questions about the whole plan and what it entails (e.g., whose in charge of the plan; how do we pay this; what role other than job creation will the private sector play; etc.), I was impressed by a couple of key points that the President Elect made in sharing his plan.

In his Meet the Press interview, the President-Elect directly challenged the decision making processes of the past on investments such as these.

“We are not going to simply write a bunch of checks and let them be spent without some very clear criteria as to how this money is going to benefit the overall economy and put people back to work. We’re not going to be making decisions on projects simply based on politics and — and lobbying.”

In the same interview, he also offered:

“You know, the days of just pork coming out of Congress as a strategy, those days are over.”

I find Obama’s direction to be invigorating and very promising especially when it comes to our nation’s infrastructure.

Ever since the days of FDR’s New Deal and its Works Progress Administration (WPA) and the Eisenhower Administration’s Interstate Highway System, our nation has capitalized its large infrastructure projects through several means including:

■ Direct Appropriations Packages;

■ The Intermodal Surface Transportation Efficiency Act (ISTEA) and its subsequent successors;

■ Various Trust Funds (e.g., Highway Trust; Harbor Maintenance Trust; etc.);

■ Bonds (State & Local); and

Congressional Earmarks.

Politics plays a role in each of these decision vehicles but none more so than Congressional Earmarks.  The Alaska ‘Bridge to Nowhere’ is seen as one of the premier examples (and abuses) of an infrastructure funding strategy that has gone dramatically off track for generations.

Even the latest version of ISTEA (Intermodal Surface Transportation Efficiency Act) which has been one of the primary funding mechanisms for infrastructure projects has had its project investment decisions seriously question.  When it passed in 2005, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), was vociferously criticized by various taxpayer groups for being short on substantive projects but big on pork-barrel spending with costs slated to be $286.4B

Today we are talking about spending a whole lot more than that.  While an official price tag to the new Administration’s Program probably won’t be available until after the Inauguration, Sunday’s Washington Post reported these costs to be anywhere from $400Billion to over $1Trillion.

Spending money has never been a problem for government.  Accounting for it; managing it; and getting a semblance of return have been.  As the new Administration proposes its Economic/Infrastructure Plan, I hope it will include the concepts of ‘Risk’ and ‘Resilience’ as part of its infrastructure investment decision making process.  Simply replacing a bridge, a road or any piece of infrastructure with an updated version is not a strategy that benefits the community in which it resides or serves.

When FDR and Eisenhower were making their infrastructure investment decisions several generations ago, they were spurred by national and regional needs as well as the country’s economic conditions to make these expenditures.  While Obama and his Administration are following a similar path given our current conditions, there is a tremendous opportunity for them to be smarter and even wiser than their predecessors.

Today our country has operating threats and conditions (increasing natural/terrorist hazards; excessive use and demand on infrastructures, etc.) that did not exist over a half-century ago.  With these factors in mind, the Obama Administration and Congress need to look at weighing in factors of risk and overall resilience (the ability of a structure or enterprise to withstand assault/infraction and continue to operate) when deciding which projects to fund and those it should not.

If we as a nation are serious about building a sustainable economy for our present needs and future demands, risk and resilience have to come into play in the investment decision process.   Including these factors into the decision making process does not mean that we will put ‘guns, gates and guards’ around every structure that we fund and ultimately build.  Rather it means that when we build these structures, we do so according to informed decisions as well as standards and ‘best practices’ that allow these resources to endure not just the daily use for which they are intended but the assaults and pressures that come from the threats and conditions of today and tomorrow.

Timothy McVeigh; Hurricanes Katrina, Rita and Gustav; the Northeast Power Grid; and more have all taught us about our vulnerabilities and how fragile and interdependent we are as a nation and the structures that make our lives and economy go.

Unfortunately the threats of increasing energy/power demands; IEDs; more powerful weather systems; suicide bombings and so forth are all conditions approaching the life of our nation.  The recently issued report by The Report of the Commission on the Prevention of WMD Proliferation and Terrorism echo these emerging conditions and its sobering conclusions need to be a part of the investment decisions we are about to make.  By ignoring this report and the other harbingers like it, we will not get the return on the investments we are about to make on the days we as a nation will depend upon them most.

I concur with the President-Elect’s admonition that politics as usual will not work.  Our decision making for infrastructure reinvestment needs to dramatically improve and the Obama Administration and Congress have a true ‘once in a lifetime’ opportunity to make that change in the coming weeks.

Applying the concepts of risk and resilience for the projects that are already ‘shovel ready’ and about to be funded, as well as those that will be funded after it is the change we all need to see happen.  If they are successful in changing that decision paradigm, it will be the ‘real change’ that we can all believe possible and I hope the President-Elect and the new Congress make us all ‘believers.’

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