What has been curiously missing from the Arizona immigration debate is that back in 1996 Congress passed a federal law giving state and local governments (and their law enforcement organizations) the right to enforce immigration law. On the one hand the federal government is suing Arizona for authorizing local law enforcement to coordinate with federal authorities regarding illegal immigration; on the other hand, the federal government is simultaneously requesting such assistance from local governments.

By Adam Salerno
When Congress passed the Implementing Recommendations of the 9/11 Commission Act of 2007, the law mandated 100 Percent Screening of cargo onboard passenger aircraft “commensurate with checked baggage.” The deadline for that mandate is this weekend, August 1, 2010. The law seeks to ensure that all 20 million lbs. of cargo is screened in advance of flights for explosive detection prior to transport. While a changing world dictates new necessities to secure the supply chain, the need for expedited trade is an important priority that must be maintained. The U.S. Chamber of Commerce recognizes this fact, which is why we support a multi-layered risk based approach to security which maximizes effectiveness and minimizes impact on businesses.

As the country celebrates the 20th anniversary of the Americans with Disabilities Act (ADA), it presents an opportunity to see how far we have come since the enactment of one of our country’s great civil rights laws, but it is also a measure of how much farther we have to go. When it comes to this anniversary and FEMA, Administrator Craig Fugate has let it be known that he recognizes how much there is for his agency and our country to do in making sure people with disabilities and special needs are not forgotten during times of emergencies/disasters.

Two Senate committees, three chemical security bills and one issue to rule them all – the role of so-called Inherently Safer Technologies (ISTs) in America’s approach to safeguarding communities from acts of terrorism. With DHS’ Chemical Facilities Anti-Terrorism Standards (CFATS) set to expire in October, lawmakers in the Senate are taking steps to keep it alive. What form the program ultimately takes will depend on whether legislators choose to focus on politics or national security.

The TSA has sent out a blunt warning to cargo shippers: There are only 5 days before the requirement to screen 100 percent of all passenger air cargo kicks in. The TSA has spent the last year urging shippers to prepare for this change. And so they are asking: Are you prepared?

In 2008, when the then Obama Campaign issued its proposed vision for homeland security, it impressed a lot of people when it described the creation of a national infrastructure bank. This federally chartered structure would fund critical projects around the country by making the necessary investments in roads, bridges, utilities and more. Despite having windows of opportunity with the 2009 Recovery Act, last year’s budget cycle and even this year’s Appropriations process, the Obama Administration has failed to provide any leadership initiative or requisite details on making the bank a real 21st century tool for renewing and investing in America’s infrastructure. Even with Members of both political parties open to the idea and wanting to see how it would operate, the details for this concept seemed to be as vacuous as the leadership to make it happen.

Several news items of late have addressed the thorny issue of cyber attribution; that is, the ability to identify the sources of Web and network attacks. For cyber companies and some government agencies, attribution is the Holy Grail. However, if we develop technology that provides attribution, soon bad governments will get it too. They will surely use it against dissident elements inside their own countries to suppress free speech and abridge other civil rights of all sorts. Should we consciously forgo the possibility of deterring bad guys from cyber crime, cyber terror and cyber war because the technology could be used badly? I think the answer is clearly “no.”

For the second straight week, Washington, DC and the nation are reeling from headlines and news coverage of events on the national security stage. Last week, it was the Washington Post’s series on Top Secret America, which details the explosive growth of the intelligence apparatus since 9/11. This week, it is the release of nearly 92,000 pages of classified details on the ongoing conflict in Afghanistan. What has been shared is a tremendous violation of trust amongst military/intelligence personnel that goes beyond the traditional Washington leak to a reporter. as interested as we may all be in what is really happening in the intelligence community and in Afghanistan, there is also a responsibility to not reveal everything. That is a line I think individuals and organizations like the WikiLeaks source, the Washington Post and others seem to cherish crossing.

Elena Kagan’s nomination for the Supreme Court has once again reminded America that fairness and equal treatment are fundamental to the success of the rule of law. One of the most important criminal justice debates in recent history centers on the substantial difference in prison sentences for crack versus powdered cocaine possession, a disparity that has not only encouraged a misapplication of limited law enforcement resources, but more importantly, has been the source of unequal punishment for basically identical crimes.

Recently, there’s been a trend toward some agencies purchasing new data mining tools for their needs at fusion centers. It is great to see this investment in technology, but watch out – many of these solutions don’t have any inherent method for capturing Suspicious Activity Reports and Request for Service data, which fusion centers use to track case management activities. Here’s a review the four types of data that law enforcement officers encounter in their work and the federal guidelines that govern intelligence sharing.

The piracy question and how to deal with it is huge and is about to become a much larger question in the global supply-chain management continuum. A Presidential Executive Order EO issued in April prevents U.S. citizens/entities from making payments to certain named individuals. It also has the potential to prevent any payments to individuals or groups involved in or supporting piracy in Somalia. Given the recent Shabaab attack in Kampala, Uganda, in which at least one U.S. citizen was killed, one can reasonably expect enforcement measures for the executive order to be forthcoming. The new adage, “bring lawyers, guns and money,” is certainly apt.

The hunt for someone to lead the Transportation Security Administration (TSA) began in 2009, but it wasn’t until June this year that the Senate confirmed John Pistole as administrator. Security Debrief followed the confirmation process every step of the way and found the latest development in this week’s Air Cargo Week.

You always feel a little shaky when you are planning on asserting that someone else is wrong. You feel more so when it is someone who is known as darn near a prophet in the particular field. However, no one has ever said that I was unwilling to express my opinions, so here goes. Richard Clarke, former adviser to multiple presidents, the Cassandra who warned of a coming attack before 9/11, now has a hit book out on the threat of a coming cyber war, why we are unprepared for it and what we must do. I will not attempt to do a complete review of the book, but I do want to point out two areas where I think Clarke missed the mark in his thinking.

How many times must the story be told of the mal-effects from the mishmash of Congressional turf battles over the Department of Homeland Security before something is done? It is past time for the Congressional leadership of both parties to act. If Congress really wants to eliminate “waste, fraud and abuse” from government programs, it can start in its own House (and Senate). It is past time to correct this problem.

In a series of front-page exposes entitled, “Top Secret America,” the Washington Post has essentially blown the cover off a number of classified programs and their geographic locations around the country. Using public sources and their own talents as investigative journalists, Post reporters Dana Priest and William Arkin have put together a very impressive piece of work that raises a number of important questions about the explosive growth of the intelligence community since 9/11. But by identifying the geographic locations of some of our country’s top secret facilities and surmising who does what and where at those spots, the Post reporters created an operative target list that is literally synthesized and ready for use by people whose allegiances are not in American’s best interest.

A top-rated lacrosse team representing the Iroquois Confederacy apparently won’t be competing in the world championship of the sport their ancestors helped invent. The United Kingdom—which is hosting the tournament—has indicated it will deny entry to the team because its members are not traveling on U.S. passports. The players are understandably upset that despite years of training and commitment, they won’t be able to compete for a championship. In addition, the team members and their supporters have made this an issue of Iroquois identity. However, the British authorities are correct that the decision is a matter of border and travel security rather than Iroquois sovereignty. Iroquois passports, which contain hand-written elements, simply aren’t as secure as the latest generation of U.S. passports.

The Government Accountability Office (GAO) recently released its review of the Transportation Security Administration’s Air Cargo Screening program. The report, requested by several members of Congress, audits the TSA’s program for achieving the Congressional mandate to screen 100 percent of all cargo carried on passenger aircraft by August 2010. For anyone in the business or closely following the issue, the report offers no surprises. If anything, it illuminates the major hurdles TSA continues to face in achieving the 100 percent screening threshold.

Like much of the National Capital Region, I am shocked we had an earthquake this morning. In typical DC fashion, this has generated the usual Beltway news hysteria. On the ride in this morning, radio stations of every genre were taking callers describing how the baseball caps fell off their TV; how their dog started barking uncontrollably; and their fears that construction workers had hit a gas-line in their neighborhood. This area has plenty of reasons to be on edge, and this morning’s earthquake gives us another. That’s where I thought this morning’s media failed us. While they all accurately described the events of 5 AM and what impacts the earthquake did or did not cause, I did not hear one of them talk about PREPAREDNESS.

On short notice, the White House gathered a distinguished group of industry, academic and Government types for a one-year anniversary of the President’s speech on cyber, hosted by Howard Schmidt. The President spoke for 10 minutes as well. No press attended, but an attendee gave me this summary of the event. A lot of what was said was known to all, but it was interesting to hear how they are bringing it together – especially the emphasis on industry partnerships, which every speaker (including the President) emphasized. I love celebrations, but we really need to move forward more aggressively.

Terrorism in Africa, like all questions of strategy and of strategic consideration, is context specific – to time, space, actors and events. Generalizations of terrorism in Africa, past and present, are most unwise and unhelpful. Countering terrorist threats in Africa requires a deep understanding of Africa – from subregion to subregion, country to country, and small folk community to small folk community. Thus, as I teach my students, understanding terrorism and counterterrorism in Africa requires knowledge of Africa, first and foremost. Policymakers would be wise to follow suit.