Obama pushes security upgrades for seaports & emergency communications

From Government Security News:

As President Obama put some meat on the bones of his promised infrastructure revitalization plan, it became clear yesterday that strengthening security at the nation’s seaports and improving first responder communications networks are two areas likely to receive federal funding in the short term.

In his Saturday radio and Internet address on Jan. 24, Obama provided more details than ever on his “American Reinvestment Plan,” aimed at creating or saving three to four million jobs.

In addition to repairing traditional roadways and mass transit systems, said Obama, infrastructure revitalization “means protecting America by securing 90 major ports and creating a better communications network for local law enforcement and public safety officials in the event of an emergency.”

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Biological terrorism warnings gaining increased attention

Concerns about the risk of biological attack on the United States have led the list of potential threats in 3 important reports released in December, making it increasingly likely that both policy and technology to combat biological terrorism will be at the forefront of HS policy in the Obama administration.

  • WORLD AT RISK: The Report of the Commission on the Prevention of WMD Proliferation and Terrorism: The bi-partisan Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism released this long-awaited report on December 4th about the current state of the WMD threat against the U.S..  The report states that the odds are greater than ever that the world will see an attack using a biological or nuclear weapon in the next five years, with biological weapons considered the greatest threat.
  • Ready or Not? Protecting the Public’s Health from Diseases, Disasters, and Bioterrorism: Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation (RWJF) released the sixth annual Ready or Not? report, which finds that progress made to better protect the country from disease outbreaks, natural disasters, and bioterrorism is now at risk, due to budget cuts and the economic crisis.  In addition, the report concludes that major gaps remain in many critical areas of preparedness, including surge capacity, rapid disease detection, and food safety – all of which could increase the damage from a biological attack.
  • DHS Homeland Security Threat Assessment for the years 2008-2013: This intelligence assessment predicts that in the next five years, terrorists will try to carry out a catastrophic biological attack.
    • NOTE: This assessment was marked “for official use only,” but was leaked to the media the week of Dec. 22.  Since I don’t condone leaking details of reports not intended for public distribution, I won’t include any links to the report or to any details of it until/unless it’s officially released for public distribution.
  • Update 01/08/2009: The threat of biological terrorism was emphasized at at a Washington Institute Special Policy Forum Wednesday, with speakers including current Assistant to the President for Homeland Security and Counterterrorism Ken Wainstein and former CIA Counterterrorist Center department chief Charles “Sam” Faddis.

Public Exposure: Both the WMD Commission report and the DHS threat assessment received widespread coverage on mainstream media outlets, including Fox, CBS, MSNBC, and the Los Angeles Times.

Expectations: In my post on the WMD Commission report, I said to expect alot more focus on biological terrorism, including legislation and funding for both R&D and increasing capabilities.  In addition, as these reports gain more public exposure, and as voters become more numb to bad financial news, expect alot more political attention on homeland security and biological terrorism, especially from U.S. Senators who will be up for re-election in 2010.

FEMA’s relationship to DHS drawing attention and debate

One of the most important decisions President-elect Obama will face when his administration takes over DHS is whether to leave FEMA as a part of DHS, or remove it from DHS and make it a cabinet-level agency, as it was before DHS was formed.  Members of Congress, stakeholders, and prominent organizations are taking sides on the issue, but it’s not clear yet what stance the Obama administration will take.

[UPDATE 05/15: CQ Politics reports that on Wednesday 5/13, Secretary Napolitano stated that the Obama administration supports keeping FEMA within DHS; but one day later, Rep. James Oberstar (D-MN) said that he will continue his push to remove FEMA from DHS, despite opposition from the administration.  Give some credit to the dedicated folks at FEMA who’ve had to endure the uncertainty of this long-running debate, because apparently it’s not over yet.]

House: Rep. James Oberstar (D-MN), chairman of the House Transportation and Infrastructure Committee wrote to President-elect Obama on Dec. 17 to demand the removal of FEMA from DHS, declaring that its placement in the larger agency impedes its ability to serve as a “quick response” agency.  In response, Rep. Bennie Thompson (D-MS) Rep. wrote to Obama Dec. 19 strongly disagreeing with Oberstar, saying that FEMA should remain in DHS, but that Obama should appoint someone to lead FEMA who has a strong relationship with Obama.

Senate: Senator Mary Landrieu (D-LA), chairwoman of the Senate Homeland Security Disaster Recovery Subcommittee, has stated that she doesn’t recommend removing FEMA from DHS at this point, but she’s open to the concept and wouldn’t resist it if the new administration made the decision to make the change.  Landrieu told Homeland Security Secretary-designate Janet Napolitano that “there were still some senators that felt strongly about it staying where it is, some that were kind of open to change and others that would really recommend that it be made independent”, and that “it should be open to discussion.”

Update 01/15/09: Senator Joe Lieberman (I-CT), the chair of the Senate Committee on Homeland Security and Governmental Affairs, and Senator Susan Collins (R-ME), the ranking Republican member, urged Janet Napolitano at her confirmation hearing not to remove FEMA from DHS.

Bush Administration: The Bush administration made the decision to include FEMA in DHS, and still supports that decision.  Michael Chertoff has publicly stated that he opposes removing FEMA from DHS, and has cautioned his successor from making any major changes to DHS.

Obama Administration: The Obama administration has not taken a public stance on either side of the issue.  Senator Landrieu said Napolitano is “testing the waters” with Congress to find out how members of Congress feel about the issue.  Landrieu emphasized that Napolitano didn’t say removing FEMA from DHS is something the Obama team is considering.

Update 01/15/09: At Janet Napolitano’s confirmation hearing, she didn’t take a stance on either side of the issue, instead promising to actively look into the issue.  But her other testimony about FEMA indicated strong support both for FEMA and for increasing FEMA’s cooperation with the rest of DHS, regardless of where FEMA ends up.

Update 02/25/09: The DHS Inspector General weighed in with a report titled “FEMA: In or Out?“, in which the ID recommends keeping FEMA in DHS.

Other Organizations and Stakeholders: A month ago the International Association of Emergency Managers officially endorsed removing FEMA from DHS (Representatives Oberstar and Thompson publicly disagreed on the issue at that time as well).  In addition, the Heritage Foundation, an influential conservative think tank, weighed in on December 4 with a memo supporting Thompson’s position to leave FEMA as part of DHS.  A number of other organizations and stakeholders have cautioned more generally against any major reorganizations at DHS, even though they may not have addressed FEMA specifically.

Update 01/08/2009: 3 fire service organizations – the IAFC (International Association of Fire Chiefs),  IAFF (International Association of Fire Fighters), and Congressional Fire Services Instituteweigh in against removing FEMA from DHS.

  • The IAFF is affiliated with the AFL-CIO (labor is expected to have some influence in the strongly Democratic Congress), and according to the IAFF web site, “The IAFF is one of the most active lobbying organizations in Washington; its Political Action Committee, FIREPAC, is among the top one percent of the more than 4,000 federal PACs in the country.”
  • So expect these 3 organizations to carry some weight, and for Congress to resist if the Obama administration pushes to separate FEMA from DHS.

Potential Conflicts: In Oberstar’s letter to Obama he declared that his committee has jurisdiction over FEMA and that making FEMA independent would have strong support in Congress.  However, the overlapping nature of Congressional oversight of DHS makes it likely that other Congressional Committees, including the House Committee on Homeland Security that Thompson chairs, will lay some claim to FEMA oversight as well.

Expectations (My Take): Expect continued public discussion and debate, but expect Obama to take some time before making a decision.  And regardless of what his final decision is, don’t expect a change to FEMA any time soon.  Obama tends to be a consensus builder, and feelings are strong enough on this issue that even if Obama decides to remove FEMA from DHS, he’ll probably go slow, taking time to build a broader base of support for the change before implementing it.

UPDATE 12/24/08: It’s important to note that one of the reasons there is resistance to making FEMA independent of DHS again is that some important entanglements between FEMA and DHS have already been established in terms of politics, funding, and already enacted legislation (which was written to apply to DHS as a whole).  It could get pretty messy to separate them at this point.  For example, allocation of funds for the DHS Homeland Security Grants Program (HSGP) is performed by the FEMA Grants Directorate, and moving that function to DHS could cause confusion and funding changes all the way down to the state and local level.  So if FEMA is ultimately pulled out of DHS, expect some ripples and unintended consequences in unexpected areas.

Update 02/25/09: At this point, I’d say the momentum is clearly on the side of keeping FEMA in DHS, and I’m going to stop updating this post.  If this changes and the momentum seems to swing the other way, I’ll publish a new post.

Expect changes in U.S. approach to cybersecurity

The U.S. approach to cybersecurity is likely to change significantly under the Obama administration.  Although it’s not clear yet exactly what priorities will be sacrificed to make room for the increased focus, or how the changes will all play out, here are some highlights of recent activities in this area:

  • Reports: A recent report highlighted weaknesses in U.S. cybersecurity efforts, and recommended changes to U.S. cybersecurity leadership and policy, including the White House taking over the lead for cybersecurity efforts from DHS.
  • Obama Administration: President-elect Obama’s statements during the campaign, and his relationships with the authors of the reports (several of whom are advisors to his campaign), suggest that he’ll probably appoint a “cybersecurity czar” at the White House to coordinate national cybersecurity efforts.  Speculation is rising about who he’ll appoint to the post.
  • Congress: Key members of Congress have stated concerns about our lack of preparedness and inability to protect from and respond to cyber attacks.
    • Rep. Dutch Ruppersberger (D-MD), chair of the House Intelligence subcommittee on Technical Intelligence, says billions of dollars need to be invested by both government and the private sector.  Rep. Ruppersberger also supports appointment of a “cybersecurity czar” at the White House.
    • Rep. James Langevin (D-RI), chair of the House Homeland Security subcommittee on Cybersecurity, said “We’re way behind where we need to be now.”  Rep. Langevin has also called for leadership of cybersecurity efforts to be removed from DHS, and for increases in our offensive cyber warfare capabilities to use as a deterrent (much as our offensive conventional and nuclear capabilities are used as a deterrents to conventional and WMD attacks).
  • DHS: Although DHS Secretary Michael Chertoff agrees we have significant vulnerabilities, he cautions against changing leadershipof cybersecurity efforts at this stage.  But incoming Secretary Janet Napolitano may have a different view, especially if changes are supported by President-elect Obama.
  • Front-Line Stakeholders: Many key participants in a recent cyberwar simulation exercise reported that we’re not prepared for a real cyberwar.
  • Recent Precedents: Cyber attacks aimed at Estonia earliet this year, and aimed at Georgia during the recent conflict between Russia and Georgia in South Ossetia underscored both the likelihood and effectiveness of cyber-attacks during a conflict of any kind.  These attacks were effective, even though they are widely believed to have come from non-state actors (Russian sympathizers).

Summary:

With agreement about our vulnerability all the way from the front line to Congress and the White House, expect some major changes in both leadership and policy.  Increases in funding should also be expected, though whether funding comes as new expenditures or shifting of funding from other areas remains to be seen.

For more information:

Report offers warning and recommendations on cybersecurity

From The Providence Journal:

The Center for Strategic and International Studies (CSIS), a Washington-based think tank that specializes in national security issues, on December 8th released a year-long study of how the Obama administration can fight threats to the security of the nation’s computer systems — private as well as public.

The report, titled Securing Cyberspace for the 44th Presidency, is intended to draw attention to computer hacking, the theft of electronic information and related dangers of the Internet Age. It may also spark controversy with such suggestions as making the White House the center of a national “cyber security” effort.

“This is not some hypothetical catastrophe,” James A. Lewis, the chief of the study commission, said in a preview of the report on cyber security in September. “We are under attack and taking damage,” said Lewis.

CSIS assembled the 55-member commission that produced the report after more than a dozen secret meetings and several public ones that took testimony from scores of experts on computer technology, the Internet, information security and related fields.

HSC may become part of NSC in Obama administration

From NTI Global Security Newswire:

UPDATE 01/08/2009: According to an article today in the New York Times, Obama has reportedly made the decision, and will merge the HSC with the NSC some time after the inauguration on Jan. 20.

The incoming Obama administration is considering merging the White House’s Homeland Security Council with the National Security Council, which handles foreign policy matters.  If Obama merged the two, the portfolio of retired Army Gen. James Jones, the president-elect’s pick for national security adviser, would expand, giving him a primary role in shaping disaster management and counterterrorism policy within the United States.

It’s not clear what move Obama favors. But before the election, two think tanks — the Center for American Progress and Third Way — released a homeland security transition study co-written by John Podesta, the head of Obama’s transition team, and Clark Kent Ervin, a a transition adviser and former inspector general at the Homeland Security Department. That report recommended that the NSC subsume the Homeland Security Council.

A spokesperson for the Obama transition didn’t respond to a request for comment.

Report proposes tougher chemical security regulations

From HSToday:

President-elect Obama’s most ambitious legislative initiative in the area of homeland security during his years in the US Senate was a bill co-sponsored with Sen. Frank Lautenberg (D-NJ) to toughen federal standards and oversight of security at US chemical plants. Though Obama’s 2006 bill, called the Chemical Safety and Security Act of 2006, was never enacted, Obama has continued to make chemical security a centerpiece of his policy proposals on homeland security.

The current law on national chemical security, passed as a temporary bill in 2006, is due to expire in October 2009. Many prominent Democrats, including President-elect Obama, have criticized the interim bill for lacking stringent standards and enforcement power.

A new report from the Center for American Progress, a progressive Washington, DC think tank from which several key advisors of the Obama transition team have been drawn, outlines a broad program of chemical security reforms currently being discussed in prominent Democratic party policy circles. The report, titled Chemical Security 101, provides a detailed preview of the regulatory proposals that may emerge both in Congress and from the new administration itself in the coming year.

The report recommends that Congress establish a comprehensive chemical security program rooted in identifying, developing, and leveraging the use of alternative technologies that could remove the threat of a catastrophic toxic gas release by generating chemicals at the point of use rather than transporting and storing them.  In addition the report also calls for incentives to industry to encourage migration to the alternate technologies.

The report also recommends building in greater oversight capacity and ensuring equal enforcement.  This, the report acknowledges, will entail a harder line on regulating industry. “Chemical companies should not receive special treatment just because they participate in voluntary industry security programs, as proposed in some recent bills before Congress,” it says.

[Note: Because of the close relationship some of Obama’s advisers have with the Center for American Progress, this think tank may have a hand in shaping quite a bit of homeland security policy in the new administration.  They have a weekly national security newsletter for those interested.]