2009 February | Security Debrief - a blog of homeland security news and analysis

Archive for February, 2009

CBP Commissioner Ralph Basham Steps Down

Friday, February 27th, 2009

This just in from the Department of Homeland Security:

Press Office
U.S. Department of Homeland Security
Press Release

February 27, 2009
Contact: DHS Press Office, (202) 282-8010

STATEMENT BY HOMELAND SECURITY SECRETARY JANET NAPOLITANO ON THE RETIREMENT OF RALPH BASHAM, COMMISSIONER OF CUSTOMS AND BORDER PROTECTION

Ralph Basham will retire today after serving with distinction as Commissioner of Customs and Border Protection (CBP) for the past two and a half years, and after agreeing to stay on to lend his expertise through the change of administration. I owe him a debt of gratitude for his dedication, and also for his partnership on border issues during my time as Governor of Arizona.

Ralph’s understanding of the security issues facing the nation did not begin with his role at CBP. In his career with the U.S. Secret Service, he rose quickly through the ranks, leading the Vice Presidential Protection Division and ultimately serving as Director from 2003 until 2006. He was also the Director of the Federal Law Enforcement Training Center in Georgia and chief of staff at the Transportation Security Administration. President George W. Bush acknowledged Ralph’s exceptional leadership last year by presenting him with the 2008 Distinguished Executive Presidential Rank Award, the highest honor for a public servant.

Jayson Ahern, CBP’s deputy commissioner, will draw on his decades of service at CBP and its legacy agency to serve as acting commissioner with Ralph’s departure.

I thank Ralph for his exemplary service to the department and the nation, and personally for his partnership even before I joined the department. His assistance and counsel have been invaluable to me, and I wish him every success in his future endeavors.

###

Posted in Border Security, Management & Administration | Comments

Filling the Ranks at Homeland Security

Friday, February 27th, 2009

One concern with the newly established Department of Homeland Security was that there were too many “political” positions in the leadership, jobs that were not filled by career professionals but went to folks brought in by the administration. The problem was not just the potential to politicize homeland security, but also that when an administration was replaced there would be no one left to run the department. Even Secretary Chertoff recognized the problem and sought a better balance, filling some of the 200 political positions with career professionals or leaving the political positions vacant and putting deputy career professionals in charge.

In the homeland security policy shop, for example, all the appointments below the assistant secretary level were given to career officials, including the four deputy assistant secretaries under the Assistant Secretary for Policy.

That policy may be changing. Reports are the new Principal Deputy Assistant Secretary for International Affairs and Deputy Assistant Secretary for Policy Development are going to be political appointments. The Deputy Assistant Secretary for Policy Development appointment is really interesting since it oversees immigration policy and is reportedly going to a former staffer of Senator Kennedy (one of the co-sponsors of the failed 2007 comprehensive immigration reform bill).

Unlike assistant secretary and higher appointments, deputy assistant secretaries are not subject to review and confirmation by the Congress.

Cross posted at NationalSecurity.org.

Posted in Management & Administration | Comments

Let the Traveling Public Choose the Airport Screening They Want

Friday, February 27th, 2009

Yesterday, Secretary Napolitano testified before Congress for the first time since her confirmation. One issue that spurred interest was the Transportation Security Administration’s (TSA) Whole Body Imaging (WBI) program which screens passengers for explosives at the checkpoint by imaging bodies and looking for anomalies (in place of a metal detection wand inspection and physical pat-down). Almost since the agency’s creation in 2001, agency officials and critics alike have commented that TSA’s capability to find explosives on passengers needs dramatic improvement.

For most of the intervening years TSA struggled with piloting and deployment of WBI technology due to political considerations around privacy and the use of low dose x-ray. This has meant long delays in improving explosive detection at passenger checkpoints.

At the same time, TSA has been struggling with how to be more user friendly for the flying public. Different passengers have different concerns. For some the priority is speed, for others privacy and for occasional flyers it’s simplicity in what can be viewed as an intimidating process.

During the discussion of the WBI program yesterday, Congressman Dan Lungren (R-CA) suggested a very simple idea: Why not let the flying public choose the screening they want? For instance, if your priority is speed instead of privacy and you are willing to be screened by WBI technologies, then choose that line which should move faster because the TSA staff can make threat assessments faster.

If privacy is your priority, then choose a screening lane that uses more traditional screening methods but may take the TSA staff longer to make their threat assessments.

TSA has experimented with choice in recent times with its black, blue and green diamond lanes for different types of travelers. The next logical step is to let the public choose the screening technology most suitable for their own priorities.

Posted in Featured Feed | Comments

A Powerful Message – A 21% Increase to DHS Cyber

Friday, February 27th, 2009

If you ever want to know what’s a priority in Washington the old adage, “follow the money” will tell you very quickly. That little phrase holds true again especially when it comes to cyber security and DHS.

Yesterday, the President released his budget plan and DHS’ Cyber Security efforts received a whopping 21% increase. Jill R. Aitoro’s article, “Obama proposes big increase in cybersecurity spending at DHS” offers some of the available details.

Posted in Uncategorized | Comments

Napolitano Names Chani Wiggins to Head DHS Legislative Affairs

Friday, February 27th, 2009

DHS: Secretary Napolitano Names Chani W. Wiggins as Assistant Secretary for Legislative Affairs

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced today her appointment of Chani W. Wiggins as Assistant Secretary for Legislative Affairs. Napolitano also announced Nelson Peacock and Sue Ramanathan as deputy assistant secretaries for DHS Legislative Affairs.

Posted in Congress, Politics & PR, Management & Administration | Comments

Dealing with the Iranian Nuclear Threat – Is it Now or Never?

Friday, February 27th, 2009

David Albright’s assessment this month of Iran’s Nuclear Program clearly indicates that time is running out to deal militarily with this potential catastrophe. Albright is a leading expert on Iran’s nuclear capabilities and the President of the renowned Institute for Science and International Security.

Albright believes that Iran will accumulate enough low-enriched uranium this year “to make one nuclear weapon.” In a New York Times interview, Albright asserted that “even if Iran runs out of uranium, they have more than enough to eventually produce tens of nuclear weapons.”

Further complicating this issue according to Albright is the probability that Iran would divert low-enriched uranium from the well-known Natanz enrichment plant to secret facilities we know little, or nothing about.

At these facilities the Iranians could produce weapons-grade uranium. If you believe that a military strike on Natanz (or a similar facility) is the answer, the time for that action is imminent.

Albright does not propose military action (although he does not rule it
out) because he does not believe that it will work. He prefers a multipronged international approach including incentives, sanctions, negotiations, etc. to gain an Iranium suspension of uranium enrichment.

In his opinion, military action is unlikely to be effective unless it includes a massive campaign that means going to war against Iran. Even then, Albright believes that might not be enough to stop Iran’s nuclear program as the facilities they would need to produce nuclear weapons are not that large.

Time is running out to address this critical national security issue. Even the leading experts on the issue are divided on a solution.

Something needs to be done – now or never.

Posted in International, WMD, Chemical & Biological, counterterrorism | Comments

Upcoming hearings at House Homeland Security Committee

Friday, February 27th, 2009

Committee on Homeland Security

Tuesday, March 3, 2009 @ 10am
311 Cannon House Office Building

Subcommittee on Emergency Communications, Preparedness and Response Hearing

“FEMA’s Gulf Coast Rebuilding Efforts: The Path Forward”

Witnesses (partial list):
James W. Stark, Assistant Administrator, Gulf Coast Recovery Office, Federal Emergency Management Agency
Stanley J. Czerwinski, Director, Strategic Issues, U.S. Government Accountability Office
Lyda Ann Thomas, Mayor, Galveston, Texas
Amy Liu, Deputy Director, Metropolitan Policy Program, Brookings Institution

There will be a webcast of this hearing.
————————————————————————————————————————

Wednesday, March 4, 2009 @ 2pm
311 Cannon House Office Building

Full Committee Hearing

“Examining 287(g): The Role of State and Local Law Enforcement in Immigration Law”

Witnesses (partial list):
William Riley, Acting Director, Office of State and Local Coordination, U.S. Immigration and Customs Enforcement, Department of Homeland Security
Richard Stana, Director, Homeland Security and Justice Issues, U.S. Government Accountability Office
Muzaffar Chishti, Director, MPI Office at NYU School of Law, Migration Policy Institute

There will be a webcast of this hearing.
————————————————————————————————————————

Thursday, March 5, 2009 @ 10am
311 Cannon House Office Building

Subcommittee on Management, Investigations, and Oversight Hearing

“Putting People First: A Way Forward for the Homeland Security Workforce.”

Witnesses (partial list):
John Gage, President, AFGE
Colleen Kelly, President, NTEU
Max Stier, President, Partnership for Public Service

There will be a webcast of this hearing.

Posted in Congress, Politics & PR, Management & Administration | Comments

E-Verify Endorsement in Obama Budget?

Thursday, February 26th, 2009

While DHS officials have been reluctant to provide details on the future of DHS’ E-Verify in the early stages of the Administration, President Obama’s just released “A New Era of Responsibility” outlining the President’s FY 2010 Federal Budget vision may provide an early indicator of the Administration’s support for DHS program. Under the Department of Homeland Security section, the Administration states “[f]unding of $110 million is provided to continue expansion of E-Verify, an electronic employment eligibility verification system.”

The fact that E-Verify is highlighted out of the many DHS initiatives in existence and noted under the budget report’s section “Strenghtens Border Security and Immigration Services” seems favorable for the programs future. Even more important is the fact that $110 million in funding will continue for E-Verify under a budget proposal that contained significant cost-cutting.

While the program has been viewed as successful and has achieved record employer participation, it continues to be subject to withering criticism from business associations and advocacy groups regarding its effectiveness and the potential costs to businesses if it would become mandatory. The budget summary seems promising for E-Verify, however, it remains unclear what if any changes will be made to the program and how much support it will garner within the new Administration.

Victor X. Cerda, former Chief Counsel at US Immigration and Customs Enforcement, is a Partner of Jackson Lewis LLP in the firm’s Corporate Immigration Group in the Washington DC Region office. He focuses on advising corporations and individuals on immigration compliance and benefits strategies.

Posted in Civil liberties & Privacy, Homeland Security Industry & Private Sector, Immigration & Visa Policy, Law Enforcement, Private and Physical Security | Comments

Line In The Sand

Thursday, February 26th, 2009

It is pretty much clear where things stand in the debate of FEMA in or out of the Department of Homeland Security. Everyone is waiting on the White House including the new secretary of the department.

FEMA can only be moved out by legislative fiat and it is unlikely that any bill would clear all the hurdles to get to the president’s desk as a stand alone measure. That means it would have to go in omnibus legislation. Leadership likely won’t do that without a go ahead from 1600 Pennsylvania.

There is plenty of evidence FEMA is working well in the department. Last year was one of the busiest disaster years on record and FEMA and the department did fine. In fact, the new secretary didn’t even feel the need to go to the scenes of the most recent FEMA deployments until well after operations were underway.

The other issue with taking FEMA out is the cost involved. It cost a bundle to stick it in. It will cost more to pull it out. In era when the White House wants to save money that is something to think about. The cost of removing FEMA would come from the department’s top line–right out of the money meant to protect us.

With no time to study the issue and no serious evidence to prove taking FEMA out is a good idea, the only other reason to do it is “ye olde politics.” If the administration moves FEMA for a “political” calculation it will have crossed the line in the sand…going back to the pre-9/11 days when turf meant more than keeping the country safe, free, and prosperous.

Cross posted at NationalSecurity.org.

Tags: DHS, FEMA, White House
Posted in Emergency Preparedness & Response | Comments

Dent’s Mule Skinners & TWIC Cards Get National Attention

Thursday, February 26th, 2009

In yesterday’s House Homeland Security Committee Hearing with DHS Sec. Napolitano, US Rep. Charlie Dent (R-PA) questioned the Secretary about TSA requirements for Transportation Workers Identification Credentials (TWIC) cards for workers that serve as mule drivers (aka “mule skinners”) for a canal boat that operates at the National Canal Park in his District in Easton, PA. Having a member of his staff hold up a poster size photo of these workers dressed in colonial garb walking along side the mules as they tow the canal boat, the Congressman was quick to point out the workers, nor the mules were terrorists requiring extensive background checks as required for TWIC. What seemed to be a “gotcha” moment in the Hearing is now getting national media attention. CNN’s webpage carries the story on its front page.

It would seem that Rep. Dent has made his point on this issue, but we’ll have to wait and see what investigative reporting has to offer on the background checks on the mules, Hank and George. You never know… they could have summer camped in Afghanistan with the wrong crowd.

Posted in Immigration & Visa Policy, Management & Administration | Comments

Former ICE Chief Calls for E-Verify Reauthorization

Thursday, February 26th, 2009

Julie Myers Wood, a Security Debrief contributor and the former head of U.S. Immigration and Customs Enforcement, spoke with Mickey McCarter of Homeland Security Today to discuss making the E-Verify employment eligibility program permanent before it expires in May.

Former ICE Chief Calls for E-Verify Reauthorization – Homeland Security Today

The E-Verify employment eligibility program, due to expire March 6, should receive permanent authorization from Congress as soon as possible, Julie Myers Wood, former director of US Immigration and Customs Enforcement (ICE), told HSToday.us.

“E-Verify encourages companies to comply with the law. It’s not perfect; it’s not a comprehensive solution; but it does provide a critical piece toward employment verification. It helps reduce the number of individuals using phony documents to get a job,” said Myers Wood, now president of Immigration and Customs Solutions LLC.

Myers Wood testified before the Indiana state legislature earlier this month in support of a state law that would mandate the use of E-Verify. There, she cited statistics that show 96 percent of employees checked through E-Verify receive instant clearance that they are legally eligible to work in the United States. Of the 4 percent who do not, 90 percent do not challenge the results of the E-Verify check against the Social Security Administration database.

The Department of Homeland Security (DHS) has been taking steps to prevent fraud through E-Verify as well, Myers Wood said.

“There are challenges with respect to identity theft,” Myers Wood commented. “E-Verify is taking some steps to solve that problem. A number of private individuals, including my company, are looking at helping employers solve that problem.

To read the full article, click here.

Tags: e-verify, ICE, Immigration & Visa Policy
Posted in Immigration & Visa Policy | Comments

News & Notes from the Napolitano Hearing

Wednesday, February 25th, 2009

Janet Napolitano dove into the Congressional Hearing pool today making her first appearance as DHS Secretary before the House Homeland Security Committee. The nearly three hour session (which included two recesses for floor votes) was as much a listening session as it was a “listing” session where Members gave her their respective thoughts and concerns. Outlined below are some summations and notable news items that I took away from today’s session:

Napolitano’s Performance
Just like her confirmation hearing in early January before the US Senate’s Homeland Committee, she was cool, calm, collected and enormously prepared for everything that Members brought up. She also demonstrated her “quick on her feet” nature when responding to Rep. Dent’s (R-PA) question on whether workers in colonial garb who tend to mules that pull canal boats should have to TWIC cards. (He even brought pictures to share!) She didn’t take the bait and dealt with the issue in a respectable manner.

Probably the best summation of her performance came from an observation that Rep. Harman (D-CA) shared of one of her fellow Committee Members at the Hearing’s close: “She’s a well trained lawyer that can speak to the general public.”

Mexico & the Escalating Drug Wars
The deteriorating conditions along the US Southern border with the ongoing battles between Mexican authorities and the drug cartels was the issue raised the most by the Committee’s membership. The fact that the new Secretary had hands-on experience with the areas and issues involved made her responses that much more compelling. Stating that the Administration has pledged its support to Mexican President Calderone in the fight against the cartels, the Secretary shared that she has been in touch with local sheriffs and other authorities to keep abreast of what is happening on a local level. Everyone recognized the seriousness of the situation with Rep. Pascrell (D-NJ) expressing his concern that the affected Mexican areas become like the terror breeding sites in mountainous areas in Pakistan.

Congressional Oversight
Both sides of the aisle expressed their concerns over the Congressional oversight demands that Congress makes of DHS. Sec. Napolitano pledged her willingness to work with the Congress on all of the homeland issues but did not offer any specific guidance on how oversight should be organized. Interestingly enough, she did offer some gut-wrenching statistics about DHS’ appearances before the House in the last session of Congress.

• DHS attended/supported 269 Congressional hearings held by the House. Of these, 126 were for the House Homeland Committee (and its Subcommittees); 111 hearings were held by other House Committees; and 32 hearings were held before House Appropriators.

Future of FEMA
While she was questioned by at least three different Members about her thoughts on FEMA remaining inside DHS, Sec. Napolitano declined to offer her opinion on the subject other than to reinforce her pledge at her confirmation hearing to work with the organization she has and make it better. She did offer that she had not spoken to the President about his preferences on the subject and wanted to get his guidance on the matter. Rep. Cuellar (D-TX) shared that Rep. Oberstar (D-MN) was going to introduce legislation either today or some time this week to remove FEMA from DHS, fulfilling his pledge to so from some months back. Rep. Oberstar is the Chairman of the House Transportation & Infrastructure Committee which also has some oversight responsibilities over FEMA.

The Secretary also offered that central to FEMA’s success is its leadership and operational functions – not its placement on an organization chart. She also went at lengths to stress the fact that FEMA is not a first responder organization and that as a nation we needed to carefully examine our expectations of the agency to be up and operating in an instant.

Cargo Scanning Mandates
With candor that would have probably had her predecessors as Secretary drawn and quartered before the Committee, Secretary Napolitano said that the congressionally- imposed 2012 mandates for 100% scanning of maritime cargo “is not going to work.” She shared that there are hundreds of international agreements that need to be put in place first “and under the current state of the program I don’t see it happening.”

Read what my friend and colleague David Olive has to say on that one.

Interoperability
It wouldn’t be a homeland security hearing if the issue of interoperability was not brought up. Members continued to express their concerns about where we are on this critical issue. In addressing these questions, the Secretary offered some interesting points including:

• The need to take a fresh look at the DHS Office of Emergency Communications;
• DHS, working with states and local governments, need to help determine who should be interoperable with whom (for example, is it just first responders – what about computers?);
• As governor of Arizona, her state used DHS monies to purchase mobile communications vans to provide a communications “patch” to those areas impacted by emergency conditions to ensure communications between responding parties. She shared that she saw the same practice being used last week in Kentucky during her visit to review response efforts following the devastating ice storms;
• She also wanted a fresh look at what technologies are really needed to make interoperability happen

When questioned by new Committee Member Rep Himes (D-CT) on how DHS is working interoperability issues in his state which has counties but has no organized, central county governments, the Secretary expressed her surprise at this type of governmental arrangement and pledged to get back to him. Rep. Himes certainly didn’t seem to be trying to trip her up with a trick question, but the example of his state’s organization demonstrates the complexity of dealing with this issue.

Information Sharing
In answering questions on how tied in she and DHS were to the nation’s intelligence networks and the level of information sharing going on among them, the Secretary offered that she receives a daily briefing from the FBI, the respective intelligence agencies, as well as the President’s Daily Security Brief.

Rep. Harman (D-CA), the Committee’s and by far the House’s most engaged Member on information sharing issues, observed that while DHS has made improvements to information sharing over time, its Information & Analysis Division is still a “stovepipe” when it comes to sharing information with states and locals. She encouraged the Secretary and the Administration to “appoint a cop to lead it.”

Rep. Harman also unloaded on DHS’ National Applications Office. Commenting that it was still “operating at a weak level,” she thought the entire office and its use of military satellites for domestic purposes was “a mistake;” existing laws are working in these areas and to “please shut it down.”

In terms of Fusion Centers, the Secretary pledged her support to them, offered that she would speaking at the National Conference for Fusion Centers in two weeks, and that she was going to do everything she could to “pump them up.”

REAL-ID
Only one Member, Rep. Souder, asked about REAL-ID. With diplomatic candor, the Secretary shared that the entire program “was stood up with no consultation with state governors;” “had lots of implementation issues;” and, “had no money behind it either.” Speaking as a former governor who had to deal with this issue, her authority on it was unquestioned or unchallenged.

Grants
There were several questions about grants, specifically making sure that risk-based approaches were used to address the most pressing needs by Rep. Pascrell (D-NJ)
Pascrell pressed the Secretary to “commit that this Administration will not cut grant funds from the first responder programs.”

Secretary Napolitano pledged that she was more than supportive of those programs and shared that she and the Obama Administration would be operating under the assumption that there would no cuts to the programs. She then offered that the entire Department as well as Congress needs to look to at the long-term sustainability for funding for jobs, training and other grant funded efforts. She offered words to the effect of, “I fear that grant programs are not written with sustainability in mind and I’m looking to see how we look to and measure long-term success.”

Border/Secure Border Initiative
In the questioning offered by Rep. Carney (D-PA) who shared his disappointment with the progress DHS had made with the SBI Program and in particular P-28 (which occurred in Arizona), he asked the Secretary to outline her thoughts on what needed to be fixed. In response, Sec. Napolitano said any border solution required boots on the ground as well as technology that works as promised. She offered that she and members of her leadership team were looking at what the vendor promised, how bidding for the program occurred and how things were selected.

Chairman Thompson joined the line of questioning and asked how often DHS communicated with her about the P-28 Project while she served as governor of the test area. The Secretary offered that there were some discussions but it was mostly a federal job. She went further and said that the state was not part of the design, the selection process for technologies for deployment or in the decision on the length of the contracts.

Wrap up Thoughts
Some of the usual things that occur at this type of hearings took place (i.e. invitations from Members to come to their respective districts; assertions that a lab in their district has a solution for that problem; pledges by the Secretary to travel to the various districts to see things first hand; brief hearing recesses for floor votes, etc.) but to sum it up, let’s just say some of the same stuff that always happens happened to occur.

In addition to those issues outlined above, other topics included cyber security, the importance of vigilance against terrorism, FEMA accountability, etc., but what was most notable to me about today’s Hearing were two things:

• The loss of some senior Committee Member voices; and
• The addition of some new Member voices.

It’s always good to get fresh perspectives to homeland issues, and the fact that there are a number of new faces and voices to the Committee is a very healthy thing.

That being said, the loss of Members like Rep. Langevin (D-RI), the smartest Member in Congress on the issue of cyber security, is a real blow to the Committee. I recognize and respect that Members move on from some Committee assignments to rise up and take other positions that are of additional interest to them and their districts. There are certainly smart and able-bodied persons to step up to fill their spots, and I’m confident that Rep. Clarke (D-NY) who succeeds Rep. Langevin as Chair of the Subcommittee on Emerging Threats, Cyber Security, and Science and Technology will do a good job. But when you have people as good as him on the most pressing issue facing our nation’s infrastructure (cyber security), it’s a helluva void to fill and I thought his loss to the Committee was evident today.

As for the Hearing itself and Sec. Napolitano’s first laps in the Congressional Hearing pool, she did great. Overall, there were no fireworks but then again, none were expected. There is still a honeymoon period for everyone involved here, but how long that lasts is anyone’s guess.

Posted in Congress, Politics & PR, Cyber Security, Maritime & Seaport Security, Supply Chain Security | Comments

God Bless Secretary Napolitano

Wednesday, February 25th, 2009

This morning DHS Secretary Janet Napolitano made her first appearance before the House Homeland Security Committee. As one would expect, Chairman Bennie Thompson set a cordial tone in his opening statement and the rest of the committee members, including the Republicans, did nothing to alter that tone. She is making a good first impression and her ability to answer questions directly seems to be appreciated.

The best answer of the morning, however, came in response to an inquiry by Rep. Pete DeFazio (D-Or) who tried to force Napolitano to cave in to Congressional micro-management that all maritime cargo must be inspected in foreign ports by 2012. Secretary Napolitano was forthright and direct in telling DeFazio that her initial assessment was that “2012 is not going to work.”

HOORAY! She said it. Good for her – and good for the Administration to have someone who is not afraid to commit candor.

Congress set an arbitrary deadline on cargo scanning that was made without any semblance of a risk-based analysis, without regard to the sovereignty of foreign governments with whom the Obama Administration says it wants better relations and without any economic analysis of the impacts of their mandate. Congress had a knee-jerk reaction and acted stupidly (in my opinion) in mandating measures that do not measurably add to the safety or security of the supply chain.

Napolitano also, being respectful of the separation of powers doctrine, encouraged the Committee to consolidate DHS oversight and eliminate the ridiculous hodge-podge of congressional committees before whom DHS officials must appear. She’s right on this – as was Secretary Chertoff before her.

Chairman Thompson and Ranking Member King are in bipartisan agreement that this needs to occur. Whether they can convince Speaker Pelosi to go along is still an open question. But if today’s hearing is any indication, Secretary Napolitano is not afraid to speak her mind – and that is a wonderful thing for the Obama Administration and the country.

Posted in International, Maritime & Seaport Security, counterterrorism | Comments

National Intelligence Director Releases Assessment of Top Threats to the United States

Wednesday, February 25th, 2009

Dennis Blair, the Director of National Intelligence, yesterday released its unclassified version of its Intelligence Community Annual Threat Assessment provided to the House Permanent Select Committee on Intelligence.

First on the list of threats is the continuing economic crisis, which could further destabilize world economies.

Blair offered encouraging observations on the ideological battle against Islamist extremism, suggesting that we are “turning the corner on violent extremism” and that Muslim populations are increasingly turning against the arbitrary violence of Islamic terrorists.

While seeing improvement in the fight against radicalism, Blair nonetheless categorizes the Middle East as an “arc of instability,” where Palestine and Lebanon remain troubled, along with a surge in the regional power of Iran — which means a surge in Iran’s support for terrorist organizations like Hezbollah. In Palestine, Fatah and Hamas continue to create chaos in their struggle for power. Meanwhile, Blair points to the growing stability of Iraq as a “counterbalance” to this regional chaos.

Meanwhile Pakistan and Afghanistan remained hopelessly intertwined, like the snakes of Medusa, as the growing violence of the border region and the increasingly lethal tactics of the Taliban pose dangers to both governments.

Blair’s report does not focus exclusively on the Middle East by any means, touching upon the increasing power of Asia, driven by military and economic growth in China and India. Russia is seeking to revive the old balance-of-power geopolitical environment, setting itself up as the only counter to uncontrolled American power. In Latin America, the “corruptive influence and increasing violence of Mexican drug cartels” is one of our most dangerous threats. The assessment of the entire continent of Africa “falling further behind” just about says it all.

Blair wraps up with a dire assessment of the growing threat in the realm of cyber security and transnational organized crime.The section on cyber security addresses the corruption and exploitation of IT infrastructures, as one would expect, but also throws in the use of the Internet and New Media as tools of ideological radicalization, recruitment and propaganda on an international scale.

Posted in Featured Feed, Intelligence, International, Terror Strategic Analysis, counterterrorism | Comments

Conference Agreement on Economic Stimulus for the Department of Homeland Security

Wednesday, February 25th, 2009

Posted in Featured Feed | Comments

U.S. must step up “Merida Initiative” to Support Mexico’s fight against drug cartels on the border

Wednesday, February 25th, 2009

Kudos go out to James M. Roberts and Ray Walser on their February 12, 2009 Web Memo published by the Heritage Foundation entitled, “Growing Instability in Mexico Threatens U.S. Economy and Border Security.”

The authors make it abundantly clear that President Calderon and his security forces cannot fail in their all out attack of the drug trafficking cartels. If they do fail, Mexico’s economy will undoubtedly spiral deeper toward a state of total collapse, and ours will suffer even greater stress.

The authors also make it clear that the “Merida Initiative,” as we know it, does not provide the level of funding necessary for Mexico to succeed in its battle against the cartels, and the meager funding for Central America tied to the initiative falls woefully short of what’s needed for those nations to succeed in their fight against both Mexican and Colombian cartel influence.

If we don’t pay more into Merida now, we’re certain to pay far more for our mistake later.

Posted in Border Security, International, Law Enforcement, Narcotics | Comments

I was RIGHT at the time but…; The updated, Official and DEFINITIVE List of DHS Stimulus ‘gifts’

Tuesday, February 24th, 2009

There is always a danger when you post something to the web. Sometimes you can say something profound or say something really stupid.

Sometimes you give facts only to have those same facts change on you and then find out you were wrong the first time. As confusing as that sounds, this is one of those times.

Last Thursday (Feb 12) I posted a listing of all the Christmas “gifts” that DHS was getting out of the newly enacted multi-billion dollar ‘gotta spend it now’ Stimulus package. Needless to say that listing of items is no longer accurate and I want to go on record and say I was wrong. (Oh how my wife, parents, business partners, former co-workers and others have wanted to see those words in print!)

When I got the information that I had posted last week, I had checked it against the final version of Stimulus Bill that I had received earlier that day, but in an age of even more updated information, I discovered that I did not have the latest version of the compromised bill signed by the President last week. Instead I had the previous version and the details on DHS that I posted were out of date. In fact some of the posted items that I shared were no longer in the final signed bill.

The word “whoops”’ comes to mind in this situation and to regular Security Debrief readers and most especially to my fellow bloggers at Tickle the Wire and the Unofficial Coast Guard Blog who kindly reposted some of my original post on this subject I offer my heartfelt apologies. My error was unintentional. I used what information I had and tried to verify it as best as I could but when you make an error it’s always best to fess up to it. I goofed.

That being said and with my mea culpas still in the air, I do have updated information on what DHS got out of the Stimulus Package. These details come courtesy from DHS’ CFO shop so if I get this one wrong, I’m taking them with me!

Check out the details and the memo from Acting Chief Financial Officer, Peggy Sherry, on what they got and it’s still accurate to say that Santa was still good to them…

Posted in Featured Feed | Comments

Key DHS Funding Provisions Of the American Recovery and Reinvestment Act

Tuesday, February 24th, 2009

KEY DHS FUNDING PROVISIONS OF THE AMERICAN RECOVERY AND REINVESTMENT ACT

Total Funds:
• DHS: $2.75B
• GSA: $750.0M in support of DHS programs

St. Elizabeths/Headquarters Consolidation:
• $650.0M ($200.0M to USM; $450.0M to GSA)

U.S. Customs and Border Protection:
• $720.0M for construction at land ports of entry ($300.0M GSA; $420.0M CBP)
• $100.0M for Non-Intrusive Inspection (NII) technology, not limited to sea ports
• $100.0M for border technology on the southwest border
• $60.0M for tactical communications equipment and radios

Immigration and Customs Enforcement:
• $20.0M for ICE automation modernization and tactical communications

Transportation Security Administration:
• $1.0B for Explosives Detection Systems and checkpoint screening equipment

U.S. Coast Guard:
• $142.0M for Alteration of Bridges program
• $98.0M for construction, which may include the following: Shore facilities and aids to navigation facilities; Vessel repair/acquisition (includes High Endurance Cutter, National Security Cutter)

Federal Emergency Management Agency:
• $100.0M for Emergency Food and Shelter Program
• $150.0M for transit and rail security grants
• $150.0M for port security grants, no non-federal match required
• $210.0M for Assistance to Firefighter (AFG) grants; maximum grant is $15.0M
• $5.0M expansion in authority for FEMA Community Disaster Loans
• FEMA must establish an arbitration panel for Katrina/Rita public assistance disputes
• Requires FEMA to accept additional applications for Katrina/Rita public assistance
• All non-federal matching requirements for SAFER grants waived for FY 2009-2010

DHS Office of Inspector General:
• $5.0M to conduct bill-related oversight and audits

General:
• Expenditure plans required by April 2, 2009 for all DHS projects except for St. Elizabeth’s (April 17, 2009) and FEMA and OIG funds
• DHS must comply with government-wide, detailed reporting and transparency requirements for funds provided under the measure
• DHS is subject to certain restrictions on the purchase of textile through FY 2009

Posted in Featured Feed | Comments

“Hope” is Not a Spending Strategy

Tuesday, February 24th, 2009

Yesterday, the White House called in Homeland Secretary Napolitano to chair one of the breakout sessions at the President’s “fiscal responsibility summit.” Her session focused on what the government buys. AP published a summary of the discussions. Most of the talk focused on rules and policies for hiring government contractors. It all sounded pretty pathetic with politicians mouthing tired old lines about government contracting without any substantive analysis to back them up.

Indeed, most of their answers sounded like they’ll make contracting less, not more efficient–layering on more layers of oversight and requirements that will drive-up costs. For example, according to AP, “Napolitano asked the panel, made up of lawmakers and interest group leaders, whether federal contracting should come with strings attached, requiring businesses, for example, to provide employees health care if the company receives government work.” Even some of the legislators recognized that is a bad idea. “Most opposed such a mandate, arguing it would keep some small businesses from seeking federal contracts and increase the cost of some projects. ‘There are a lot of practical problems with it,’ Levin said.”

Adding more bureaucracy and rules to a contracting system already crushed by rules is a really bad idea. Senator McCain introduced a particularly horrible suggestion-more red tape, yet another agency that would have to review every contract. As national security analyst Baker Spring wrote, “public auditors should not be permitted to drive government policy.”

What government can and should do if it wants more bang for its buck is simple-become a better customer. The shabby state of the federal contracting work force was at the root of the most serious problems in contracting for support for operations in Iraq. Napolitano faces similar challenges in her own department. And that is where she should start to look if she wants to cut contracting costs in a sensible and responsible manner.

Cross posted at NationalSecurity.org.

Posted in Homeland Security Industry & Private Sector, Management & Administration | Comments

The Administration’s Mixed Signals on Immigration Policy

Tuesday, February 24th, 2009

By federal government standards, there has been a veritable frenzy of activity related to immigration at the Department of Homeland Security. With three high-profile appointments in the last couple of weeks, the Administration has sent mixed signals about the direction it intends to take on immigration policy from a public perspective, as well as how it intends to manage the effort from an internal perspective. Oddly, the mainstream media (other than AP’s Eileen Sullivan) seems to have missed or ignored these developments.

This series of appointments began with the frankly bizarrely titled “Special Adviser for Immigration and Customs Enforcement and Detention and Removal” – which is a little like announcing a “Special Adviser for Customs and Border Protection and Border Patrol.” Or a “Special Adviser for Transportation Security Administration and Federal Air Marshals.” Or a “Special Adviser for the Secret Service.” Or a “Special Adviser for the Coast Guard.”

Aren’t these the roles of the heads of agencies in question? Shouldn’t the special adviser on immigration and customs enforcement be, say, the Assistant Secretary of Immigration and Customs Enforcement?

Undoubtedly, the announcement of a special adviser on ICE, who is somebody other than the Assistant Secretary for ICE, and who has no background in law enforcement prosecution … may send some unsettling karma in the direction of ICE’s new headquarters in L’Enfant Plaza. Secretary Napolitano’s pick – Dora Schriro – has established a strong reputation in corrections and detention management, which helps explain her role as an adviser on ICE’s Office of Detention and Removal that oversees the housing of the nation’s illegal immigrants awaiting deportation. (The office is also responsible for deporting the illegal immigrants.) However, other than a very brief new release announcing Schriro’s appointment, there was no effort by the Department to explain Schriro’s role, how she will interact with ICE or the Assistant Secretary of ICE, and whether she will serve as a policy adviser only or as a buffer between the Secretary and law enforcement agency.

The news release did state that Schriro will focus “exclusively on the significant growth in immigration detention over the last five years” but then goes on to state also that she will “focus on the arrest priorities of ICE.” Those two statements are very different. Probably the Department intended to suggest that Schriro will focus on arrest priorities in the realm of immigration. Still, this is a significant realm of authority and influence because the prioritization of immigration arrests will necessarily impact the prioritization of all arrests at ICE. There is a limited number of agents — probably too limited — to carry out the broad and diverse enforcement operations associated with ICE’s jurisdiction.

ICE is responsible for arresting illegal immigrants, but it is also responsible for arresting money launderers, weapons smugglers, human traffickers, drug smugglers and a host of other criminal types. It’s unclear how the head of ICE can deliver coherent law enforcement strategy o the Secretary if somebody else, particularly somebody with no prosecutorial background, is also responsible for doing that.

This is not meant to be a rap against Dora Schriro. She has developed a national reputation as a leading academic on detention and corrections policy and has real-world experience as head of the Department of Corrections in Arizona under Gov. Napolitano. It does point, however, to the need to explain to the public, not to mention the confused men and women at ICE, about what exactly Schriro’s role as the Special Adviser for Immigration and Customs Enforcement will be; what kind of authority and focus she will have; and how her authority and focus will differ from the proposed authority and focus of the individual nominated to serve as the head of Immigration and Customs Enforcement (of which the Office of Detention and Removal is a part).

Which brings us to yesterday’s significant announcement that John Morton has been nominated to lead ICE. Morton’s background suggests he could make a very good choice to lead the agency.

First, he is a career prosecutor. As an Assistant US Attorney handling major crimes and terrorism cases in Virginia’s Eastern District, Morton has serious credentials. Aside from the Southern District of New York’s Office in Manhattan, Virginia’s Eastern District is one of the most important in the nation for handling high-profile terrorism cases.

Moreover, in my experience at law enforcement agencies, I’ve come to appreciate the particular skills a prosecutor brings as a law enforcement leader. While Morton may not have risen though the ranks of ICE as an agent, he has worked side by side with federal agents — including ICE agents – throughout his entire professional career as a federal prosecutor. Moreover, as a litigator, he understands the absolutely critical factor of packaging raw data (whether it’s evidence or talking points) for a jury — whether it is a jury in the literal sense with 12 individuals at a trial … or if the ultimate decision-maker is Congress, the media, other federal or state/local law enforcement organizations, or the host of other critics and supporters who will influence the image and perceptions of ICE in the general public domain. Both officers on the street and federal agents investigating transnational smuggling operations have been trained to collect the evidence and let it speak for itself. A prosecutor understands that different people see evidence in different ways, and unless you help shape their understanding — somebody else will.

Besides his background as a prosecutor, Morton specifically brings experience in immigration, visa enforcement and human trafficking — all critical components of the ICE mission. Up to this point, the leaders of ICE (both of whom also served as federal prosecutors) arrived to the position with more of a customs and export/import enforcement background. One of the challenges since Day 1 of standing up ICE was eliminating the idea that agents were either “immigration” or “customs” – rather than just being part of ICE. In part, overcoming this perception will simply require the passage of time as the agency matures. However, appointing a new head of the agency with an immigration background will bring ICE closer to eliminating the idea that either customs or immigration agents hold a special place in the agency , and that there is no customs mission or immigration mission, but only an ICE mission.

Speaking of that ICE mission — one of Morton’s challenges will be to continue to nurture the evolution and maturation of the agency into its new identity, which means acknowledging that while criminal investigations are the agency’s focus, it includes other, equally important components. This includes not only the men and women serving in the Office of Detention and Removal, but also those in the Federal Protective Service.

Finally, rounding out the troika of high-profile immigration appointments this week was the announcement of Esther Olavarria as Deputy Assistant Secretary for Policy. Clearly, her focus will be on immigration policy at the DHS headquarters level. Olavarria’s appointment will likely be the most controversial. Her background as the immigration policy chief at the liberal Center for American Progress, along with her previous role as immigration counsel to liberal lion Senator Ted Kennedy, suggests a clear new direction for immigration enforcement at DHS.

Even as the mainstream media has largely missed this story, the blogs are already breaking out into two clear camps – one supportive and one hostile. Some in the conservative blogosphere are accusing Olavarria of “supporting illegal immigration” while liberal bloggers are hoping that she will clean up “the scandal-ridden ICE, which essentially became an extension of the nativist lobby.”

As each generation of immigration policymakers must discover for themselves — embracing the fiery rhetoric of either side is easy enough on the campaign trail. Finding a workable and governing compromise, on the other hand, is a hell of a challenge. It remains unclear how the new Administration intends to tackle this seemingly never-ending, emotional and divisive policy matter. Unfortunately, there is only so much that a federal enforcement agency can do. It is ultimately the role of Congress to craft the solution, but, as we’ve seen over the past several years, Congress has failed miserably in this responsibility.

Posted in Border Security, Civil liberties & Privacy, Congress, Politics & PR, Immigration & Visa Policy, Law Enforcement, Management & Administration, Narcotics, Smuggling, Terror Finance | Comments