Government Executive - Authors - Jonathan Marino

Walking the Talk

David Perera and Jonathan Marino — Wed, 11 Apr 2007 00:00:00 -0400

According to a December 2006 Homeland Security Department survey, technology is where the nation is furthest along in meeting interoperability goals. Where first responder agencies lag the most is in areas such as standard operating procedures and policy, training and use.

When DHS Secretary Michael Chertoff announced in November 2006 that 46 major U.S. cities should achieve interoperability by the end of 2007, he wasn't emphasizing technology upgrades.

"People tend to think about it as, 'We've just got to find the right radio or the right communications device,' " Chertoff told reporters at a Jan. 3 news conference. They tend to forget the governance and policy-making aspects of it, he added.

According to DHS' "National Interoperability Baseline Survey," about two-thirds of first responder agencies can establish at least some crossover communications before a major planned event. What's mostly missing is a way to integrate that capacity into day-to-day operations.

Interoperability "is primarily a matter of leadership," says David G. Boyd, director of DHS' Office for Interoperability and Compatibility. Not to say that today's technology is ideal. Incidents or events still require heaps of different equipment, it seems. Watch first responders in action, and you'll often see a surfeit of gear -- handsets, radios dangling from belt loops, crackling earpieces -- which has piled up for decades.

Still, about 40 percent have cross-discipline equipment that's compatible and 8 percent have an advanced infrastructure solution. One caveat, however: The survey "may have a slightly optimistic bias" because those who responded might have slightly more advanced capacity than people who chose not to participate, the report notes.

Frustrating for many observers is that shifting the interoperability discussion to leadership takes it away from relatively simple issues, such as buying gear, to complex organizational challenges. For the $2 billion to $3 billion that DHS has doled out to local government for interoperable communications, "we could be a little further ahead," says Mark Ghilarducci, vice president at Washington-based emergency management consulting firm James Lee Witt Associates.

But merely replacing systems won't result in interoperability, warns Boyd, adding that agencies "need to design it into their plans."

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Walking the Talk

David Perera and Jonathan Marino — Sun, 01 Apr 2007 00:00:00 -0400

Getting first responders on the same wavelength requires more than just new technology.

Interoperability among first responders is a state of mind. That is, the ability of emergency incident commanders to talk to their counterparts in other jurisdictions and disciplines is not simply a matter of buying new equipment. According to a December 2006 Homeland Security Department survey, technology is where the nation is furthest along in meeting interoperability goals. Where first responder agencies lag the most is in areas such as standard operating procedures and policy, training and use.

When DHS Secretary Michael Chertoff announced in November 2006 that 46 major U.S. cities should achieve interoperability by the end of 2007, he wasn't emphasizing technology upgrades. "People tend to think about it as, 'We've just got to find the right radio or the right communications device,' " Chertoff told reporters at a Jan. 3 news conference. They tend to forget the governance and policy-making aspects of it, he added.

Interoperability "is primarily a matter of leadership," says David G. Boyd, director of DHS' Office for Interoperability and Compatibility. Not to say that today's technology is ideal. Incidents or events still require heaps of different equipment, it seems. Watch first responders in action, and you'll often see a surfeit of gear-handsets, radios dangling from belt loops, crackling earpieces-which has piled up for decades.

"Every time we went out, we had to figure out which [radio device] to take," recalls George W. Foresman, DHS undersecretary of preparedness, who 20 years ago was a medical services first responder. Indeed, 38 percent of agencies surveyed said their solution for interoperable communications across disciplines (say, between the police and fire department) is to share their radio devices. Still, about 40 percent have cross-discipline equipment that's compatible and 8 percent have an advanced infrastructure solution. One caveat, however: The survey "may have a slightly optimistic bias" because those who responded might have slightly more advanced capacity than people who chose not to participate, the report notes.

The problem is that technology is easy to change. "The market is for fully interoperable communication systems," Foresman says. Manufacturers do what they are asked. With roughly half the public safety agencies slated to replace their systems over the next five years, agencies will have even more technology. But merely replacing systems won't result in interoperability, warns Boyd, adding that agencies "need to design it into their plans."

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Panel may hold hearings on emergency wireless project

Jonathan Marino — Thu, 29 Mar 2007 00:00:00 -0400

The Subcommittee on Management, Oversight and Investigations has yet to set dates for any hearings, multiple sources said, but is looking into the issue. The subcommittee will focus on $195 million spent by the Justice, Homeland Security and Treasury departments on the Integrated Wireless Network, aimed at helping 81,000 federal law enforcement officers communicate across agencies and with state and local partners.

The project could cost as much as $5 billion through 2021. The Justice Department inspector general recently gave it a critical review, citing "disparate funding mechanisms" and inadequate documentation as initial challenges. In calling for investigative hearings, subcommittee chairman Rep. Christopher Carney, D-Pa., said the project's implementation is "woefully behind schedule."

Homeland Security Department officials are meeting with officials at the Justice and Treasury departments to "talk about the viability" of the program, DHS spokesman Larry Orluskie said Thursday.

He pointed out that DHS has only existed for three of the six years the program has been in development. "IWN started long before there was a DHS," he said.

Orluskie declined to comment on the future of DHS' involvement, saying only that discussions are taking place and no decisions have yet been made.

DHS and the Justice Department are the main stakeholders for the project; Treasury has a smaller number of potential users.

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NTEU to represent 1,400 federal airport screeners

Jonathan Marino — Tue, 27 Mar 2007 00:00:00 -0400

Union officials billed the move as the first step toward full collective bargaining with TSA, which Democratic lawmakers have championed since gaining control of Congress. Earlier this month, the Senate passed a bill that would give federal airport screeners those rights, setting up a potential veto showdown with the White House.

The American Federation of Government Employees has organized and represented TSA employees since the agency's inception five years ago. NTEU President Colleen Kelley said Tuesday that, despite the union's current limitations in bargaining with TSA, it plans to establish the same partnerships with agency employees in Atlanta, Denver and Chicago, and with employees at other New York-area airports, including LaGuardia International Airport in Queens and Newark International Airport in New Jersey.

"There are a lot of issues that are not being addressed by TSA," Kelley said during a conference call with reporters. "TSA employees need serious, effective and determined representation."

Kelley criticized TSA's pay-for-performance system. She said the system has resulted in just 2 percent of employees receiving "outstanding" ratings, with another 20 percent rated "above expectations." The performance evaluation method should be "fair, credible and transparent," she said.

TSA spokeswoman Amy Kudwa congratulated NTEU on what she called its "membership drive" and declined to comment on Kelley's criticism of the agency's performance evaluation plan.

AFGE issued a statement during NTEU's conference call, describing the rival union's effort to pick up TSA workers as "pitiful" and "amusing."

"For the past five years, AFGE has been the only union to stand behind" TSA's transportation security officers, said John Gage, AFGE's president. "They have been nowhere in sight for five years of workplace abuse. Now that Congress is moving forward on AFGE's bill to allow TSOs collective bargaining rights, NTEU has decided to take an interest in TSOs."

Kelley also called on the agency to do more to reduce injury rates among baggage handlers.

"When you look at time off the job and workers' compensation [claims], those [numbers] are very high," she said. TSA should provide additional training and equipment to employees, she added.

Kudwa said TSA's injury rates, which were nearly 29 percent during fiscal 2005, already have subsided significantly. They fell to 16 percent the following fiscal year, she said.

"We've had significant improvements in that area," she said.

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Lack of detention space hinders efforts to track fugitive immigrants

Jonathan Marino — Mon, 26 Mar 2007 00:00:00 -0400

The report cited ICE Detention and Removal Office officers who said the agency is experiencing a "lack of adequate detention space" that "limits the effectiveness" of fugitive operations.

Fugitive apprehension teams face a backlog that has steadily increased, the report stated. More than 623,000 cases were in the pipeline as of August 2006, the IG found.

"The backlog of fugitive alien cases has increased each fiscal year since the program was established in February 2002," the report said. From September 2001 to August 2006 -- the most recent data available in the report -- the total number fugitives rose nearly 88 percent.

The report put part of the increase squarely on the facilities, and cited one field director who "reported ceasing fugitive operations for six weeks because of insufficient bed space." Another referred to bed space as one fugitive team's "biggest limitation." The report said the backlog "is growing at a rate of more than 50,000 fugitives per year" and that it "is highly improbable that it will be eliminated in the near future."

Sources familiar with detention arrangements for illegal immigrants said DHS is being pushed ever closer to needing to expand its capacity. Federal officials have rented jail space from local institutions, but those are beginning to fill up, the sources said.

"At jails, no one wants to deal with the extra headache of dealing with" illegal immigrants, one source said. "We reached capacity already."

DHS Secretary Michael Chertoff acknowledged a "tremendous strain" on detention facilities last year, when he sought to expedite deportation of illegal immigrants from El Salvador.

In a Dec. 22, 2006, memorandum, ICE Assistant Secretary Julie Myers told OIG investigators that Congress had allotted the agency additional funds "earmarked specifically to address detention bed space." She also said ICE's adherence to legal requirements sometimes results in aliens being released "where there is not sufficient evidence to believe they pose a risk or flight."

The IG report recommended that DHS and ICE provide the detention and removal component with the resources needed to detain all captured fugitives. It also called for some officers who are not assigned to a fugitive operations team to serve as firearms instructors, jail inspectors or juvenile coordinators.

The report praised fugitive operations teams for coordinating data and intelligence with other federal, state and local law enforcement agencies, but said that ICE needs to complete the hiring process for the illegal immigrant tracking teams. The report said the agency's failure to do so reduced its effectiveness.

ICE officials did not respond to requests for comment.

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CBP prepares to expand expedited import tracking

Jonathan Marino — Fri, 23 Mar 2007 00:00:00 -0400

CBP on Friday published a proposed rule in the Federal Register that would make permanent the Remote Location Filing system, which has been in development for more than a decade.

The project aims to replace a long-used paper system for processing commercial imports with electronic processing. The new system is expected to enhance officials' ability to process documents and allow for quicker verification of imports.

The program is intended, according to the proposal, to "enable a customs broker with a national permit to serve several port locations without the cost of maintaining multiple offices."

The proposed regulation would create a permanent system similar to the two prototypes that importers have used since the electronic system was initiated in 1995.

CBP spokeswoman Erlinda Byrd said that currently, the only participants in the prototype electronic system are U.S. companies and "customs brokers" -- U.S. citizens who are approved to do business via the agency. She declined to comment on any future hiring by the agency in relation to the project.

"Nothing has really changed," Byrd said. "We're just making [the system] permanent."

CBP is preparing for high interest in the system. The agency stated that "if sufficient trade interest exists, and CBP deems it appropriate, other ports of entry will become RLF-operational once final regulations are in place." As of March 8, there were 248 ports using the system, according to CBP's Web site.

The proposal stated that if, and when, the system expands to more ports, new locations will be announced on the Automated Broker Interface Administrative Message System, and on the CBP Web site.

The draft rule allows for a comment period through May 22. Comments can be submitted through the Regulations.gov site, or sent to:

Trade and Commercial Regulations Branch
Bureau of Customs and Border Protection
1300 Pennsylvania Ave. NW
Washington, DC 20229

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DHS privacy czar seeks additional investigators

Jonathan Marino — Thu, 22 Mar 2007 00:00:00 -0400

Hugo Teufel told members of the House Appropriations Subcommittee on Homeland Security that a budget increase is necessary to add employees, but he did not specify the number of workers needed. In addition to the investigators, the office needs more people to handle Freedom of Information Act requests, he said.

The privacy office received about $4.4 million for this fiscal year; Teufel is seeking $5.1 million for fiscal 2008 -- an increase of 16 percent.

The hearing also covered the department's Analysis, Dissemination, Visualization, Insight and Semantic Enhancement data mining program, which will analyze information from intelligence networks to investigate people with potential terrorism ties.

Lawmakers and Government Accountability Office officials said the program should be subject to a formal privacy impact assessment. They criticized Teufel's office for failing to consider the program's potential privacy infringements. But Teufel defended the program, known as ADVISE, saying that it is too early to conduct a privacy impact analysis.

"Until that tool is used … the analysis would not be necessary," Teufel said, adding that "we are doing an investigation" and the report will be completed soon.

Linda Koontz, director of information management at GAO, told lawmakers that DHS may violate the 2002 E-Government Act by failing to conduct the analysis. Department officials may have mistakenly believed that the program was exempt because it did not use people's personal information, she said. ADVISE links, however, to other information networks that do use such data.

"Because privacy has not been assessed and mitigating controls had not been implemented," Koontz said, "costly and potentially duplicative retrofitting" might be needed to make ADVISE compliant with the act.

The discussion of the program came on the heels of a GAO report that criticized it.

Rep. David Price, D-N.C., chairman of the subcommittee, asked Teufel if the Privacy Office is "mining data without a clear hypothesis."

Teufel said the investigation of the program will conclude shortly, but he did not commit to conducting an immediate privacy assessment, as GAO recommended.

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DHS still faces hurdles tracking visitor exits by land

Jonathan Marino — Tue, 20 Mar 2007 00:00:00 -0400

The difficulties are particularly acute for visitors departing through land exits, said Richard Stana, director of homeland security issues at the Government Accountability Office. "Interstate highways may have to be rerouted" to verify land exits, he said.

The effort is part of the US VISIT program to track entrances and exits to the United States -- the latter of which have proved more difficult. At land exits, the process of verifying biometric data has the potential to create major traffic backups.

Stana said airports and seaports likely have sufficient infrastructure in place to track departures.

Robert Mocny, who serves as US VISIT's acting director, told the committee that DHS will be ready to verify exits by air and sea this year. But it could take up to five years to install biometric traveler exit verification equipment at land ports, he said.

"We're going to wait for the technology to catch up to us," Mocny said. "The exit portion is something we have to work on." There is no target date for when that part of the program will be finished.

According to Stana, the ground-based exit verification component of the US VISIT program is nowhere near completion. Of the pilot programs the agency has conducted, "none… was particularly effective," he said.

Mocny emphasized that many phases of the program have been completed.

But lawmakers were still critical.

Rep. Bennie Thompson, D-Miss., chairman of the committee, said US VISIT directors "shifted… the intent of the program" and "lowered the status." He also expressed disapproval that the program has only an acting director.

"You need to put people in place to get the job done," Thompson said.

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Senate bill would transfer agriculture inspectors out of DHS

Jonathan Marino — Mon, 19 Mar 2007 00:00:00 -0400

The legislation, sponsored by Sens. Dick Durbin, D-Ill., and Diane Feinstein, D-Calif., would shift the duties for inspections at all U.S. entry points from DHS' Customs and Border Protection bureau to Agriculture's Animal and Plant Health Inspection Service.

The move would affect about 1,800 CBP agricultural inspectors. One CBP manager who asked to remain anonymous said it would be another example of backpedaling due to the realization that DHS was assembled too hastily and has too many disparate parts. Inspections activities moved to DHS upon the department's inception in March 2003.

"They weren't getting the resources they needed here," the manager said of the agriculture inspectors at his border station. "They're like the bastard child."

Agriculture inspection officials at CBP have complained about not having enough staff to conduct sufficient inspections.

DHS spokesman Russ Knocke said another reorganization of the department could have "a negative impact on our security" and would minimize CBP's "one face at the border" effort that has been mandated by Congress. He said "rearranging the deck chairs yet again" also could affect morale.

Durbin and Feinstein cited a Government Accountability Office report (GAO-06-644) last year that highlighted a decrease in agricultural inspections at points of entry, mismanagement under DHS and growing U.S. vulnerability to foreign pests and diseases. The report stated that inspections at some points of entry decreased by as much as 20 percent from March 2003 to September 2005. Sixty percent of agriculture inspectors believed they were doing fewer checks, the report said.

GAO also criticized DHS' handling of dogs used for agriculture inspection and suggested that CBP improve its staffing and financial management models.

"When inspection rates at key American points of entry decrease, the threat of infestation dramatically increases," Durbin said in a statement. "We owe it to the American people to make sure our government is doing all it can to control the spread of invasive species."

Pest control and disease issues cost the farming industry $41 billion annually, according to the Agriculture Department. "Once these pests and diseases have entered the country, it is very difficult and expensive to control the damage," Feinstein said.

The bill was introduced March 14 and has been referred to the Senate Homeland Security and Governmental Affairs Committee. A spokesman for the panel could not say when it will be considered.

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Whistleblower legislation faces veto threat

Jonathan Marino — Fri, 16 Mar 2007 00:00:00 -0400

The Whistleblower Protection Enhancement Act (H.R. 985) is directed at guarding federal employees at security and scientific agencies, as well as contractors. House members passed it by a vote of 331-94; the White House has threatened a veto. The legislation would allow the Merit Systems Protection Board 180 days to take action on cases alleging retaliation for reporting potential waste, fraud or abuse. If MSPB failed to meet that deadline, whistleblowers would have the option of taking their cases to federal district courts.

The bill, which has yet to be considered in the Senate, also contains provisions to protect whistleblowers' security clearances - essential for national security workers - from being used as leverage to punish or discipline them. The Senate has not yet set a date to consider the bill.

"Abuse of the government security clearance process is the single most widely used method of punishing government whistleblowers," said Daniel Hirsch of the Concerned Foreign Service Officers group, formed to advocate improvements to the clearance process.

The White House opposes the legislation, and in a strongly worded statement Tuesday, argued the bill's passage would "compromise national security." The statement also said the measure is unconstitutional. "Rather than promote and protect genuine disclosures of matters of real public concern, it would likely increase the number of frivolous complaints and waste resources," the administration stated.

The legislation would effectively negate a Supreme Court ruling finding government whistleblowers are not entitled to First Amendment protections when they report concerns up their workplace chain of command.

Rep. Henry Waxman, D-Calif., who was among the legislation's sponsors, lashed out at the White House, saying "the Bush administration has done everything it can to operate in secret, to avoid public scrutiny and to limit congressional oversight."

During consideration of the bill, Waxman warned his colleagues of the consequences of inadequate whistleblower protection by highlighting the White House's preparation for war in Iraq.

"There are a lot of federal officials who knew the intelligence on Iraq was wrong," Waxman said. "Officials in the CIA and the State Department knew that Iraq did not try to import uranium from Niger. Officials in the Energy Department knew the aluminum tubes were not suitable for nuclear centrifuges. It is imperative that national security employees be protected against retribution so they will not be afraid to report national security abuses to members of Congress."

One Capitol Hill source familiar with the bill said that the Senate will likely pass it and send it to the White House even in the face of a veto threat. The margin by which the bill first passed the House would be sufficient to override any veto; a two-thirds vote in the Senate also would be needed.

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Coast Guard cancels patrol boat contract

Jonathan Marino — Thu, 15 Mar 2007 00:00:00 -0400

The deal to develop 12 patrol boats was worth an estimated $600 million to Integrated Coast Guard Systems, a joint venture between Northrop Grumman and Lockheed Martin. The Coast Guard's acquisitions division will take over management of the project, and new bids for the development work will be solicited in May, officials announced.

Rear Adm. Gary Blore, executive officer of Deepwater, said he expects the solicitation to attract "robust industry participation" and an "outpouring of industry proposals."

Savings generated from the new approach could exceed 4 percent from the ICGS plan, Blore said. They could be substantial enough to allow the agency to build a 13th boat at no additional cost, he said.

Coast Guard Commandant Adm. Thad Allen emphasized that ICGS' other contracts within Deepwater will be maintained. "This decision pertains only to the acquisition of patrol boats," he said.

Coast Guard officials said patrol boats still can be purchased by 2010, meeting the initial timetable. Companies submitting proposals for the new contract will need to illustrate how they will design and simultaneously develop the boats, speeding up the process.

The Coast Guard also announced on Wednesday that it will take more general steps to enhance contract oversight. It will begin subjecting major purchases to "business case analyses," Blore said. The agency will conduct additional analyses of its cutter acquisitions as well, he said.

The agency's management of Deepwater has drawn criticism from Capitol Hill. At a congressional hearing in late January, officials discussed a DHS inspector general report that noted the National Security Cutter - a cornerstone of the plan to upgrade or replace aging equipment - will not meet performance expectations. The IG found the Coast Guard had abdicated its oversight authority in deference to contractors.

While the patrol boat contract termination came as a surprise to many, the addition of acquisition oversight layers was well telegraphed. In a hearing earlier this month, Allen told lawmakers that the Coast Guard will hire more contract oversight officials.

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DHS tech chief wants broadband for first responders

Jonathan Marino — Thu, 15 Mar 2007 00:00:00 -0400

Jay Cohen, the head of DHS' science and technology directorate, said all first responders should have broadband Internet access so they can get mass broadcasts and warnings from the federal government.

"We've got a lot of police departments [and] fire departments that don't even have a computer," Cohen told attendees of a conference in Washington for first responders.

He highlighted the importance of having access to all available data, pointing out that the department segregates the SAFECOM program to ensure radios are interoperable from broader response efforts housed within the Disaster Management program.

Still, interoperability issues remain a focus. Cohen said a DHS grants program to create an improved radio network is a top priority.

George Foresman, undersecretary for preparedness at DHS, earlier this month told Government Executive that interoperability is "less of an issue than it was two years ago." But he said some first responders remain hindered by communications mechanisms that respond to different bandwidths or simply have incompatible technology.

Now, he said, thanks to the government's push, industry representatives are receptive to producing compatible equipment.

"They already see where the market's going," Foresman said. "The market is for fully interoperable communication systems."

But some first responders are concerned the government and contractors are exercising too much control over the process. At a Wednesday congressional hearing, New York City Police Department Commissioner Ray Kelly expressed concern about a "vendor driven" market. He told members of the House Homeland Security subcommittee that New York's first responders might not necessarily want to be restricted to one specific kind of bandwidth.

Kelly added that the NYPD should not be "restricted in how we use grant funding."

Foresman said DHS grants programs are flexible, but noted that the department must still set "program parameters" to determine eligibility.

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Lawmaker probes contract oversight at DHS agency

Jonathan Marino — Tue, 13 Mar 2007 00:00:00 -0400

The letters, sent last week by Rep. Bennie Thompson, D-Miss., to DHS Secretary Michael Chertoff and Richard Skinner, the department's inspector general, seek more information on a variety of challenges facing the department's Federal Protective Service. The questions cover everything from financial problems to contracting oversight.

Thompson's letter to Chertoff noted the January conviction of Michael Czecholinski, 53, a Federal Protective Service contracting officer's representative, for accepting bribes from contractor Superior Protection Inc. in return for favorable performance ratings. Czecholinski accepted a trip to Houston for a golf outing on the company's bill. He also pleaded guilty in U.S. District Court in Southern Texas to purposely misleading law enforcement officials.

Thompson, chairman of the House Homeland Security Committee, asked Chertoff if, considering the incident, DHS will enhance oversight and controls over its contracting officer program to prevent or detect criminal activity. The lawmaker said FPS oversees more than 500 contracts with private security firms. Those companies employ about 15,000 guards to protect federal buildings across the country, he stated.

Superior Protection paid for Czecholinski's flight to Houston from West Palm Beach, Fla., in April 2002, and the following month the contractor got the highest possible rating during a contracting evaluation process as it was bidding for several other contracts.

"FPS terminated all ... remaining contracts with Superior Protection back in July 2006," said Michael Keegan, a spokesman for U.S. Immigration and Customs Enforcement, of which FPS is a part. Keegan would not comment on whether there are other investigations still being conducted.

Superior Protection officials could not be reached for comment.

A source familiar with Czecholinski's conviction and the surrounding investigation said his positive evaluation helped influence other deals involving Superior Protection. On March 23, he will be sentenced; he faces up to five years' imprisonment and $250,000 in fines.

Thompson's letter to Chertoff also demanded more information about solutions FPS is developing to resolve budget issues. Fixes under consideration include eliminating more than 250 officer jobs, cutting retention bonuses and ceasing payment for FPS officer training courses. He also asked Chertoff to provide an update on how large a shortfall FPS is facing, citing estimates as high as $80 million.

"Staff reductions, budget shortfalls and inadequate contractor oversight may converge to hamper the operations of this agency," Thompson told Chertoff.

Thompson's letter to Skinner asked the IG to investigate what changes FPS had made as a result of his office's report citing flawed contractor oversight. Thompson requested that Skinner's office investigate a range of contracting issues.

Thompson isn't the only lawmaker looking into these issues. On the Senate side, the leaders of the Homeland Security and Governmental Affairs Committee recently asked the Government Accountability Office to investigate budget shortfalls and other management challenges at FPS.

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Rule broadens DHS post-employment lobbying limits

Jonathan Marino — Fri, 09 Mar 2007 00:00:00 -0500

In a rule posted in the Federal Register, the Office of Government Ethics announced that it will prohibit Senior Executive Service and non-General Schedule employees who earn 86.5 percent or more of Executive Schedule II pay ($145,320 or more for 2007) at DHS from lobbying anywhere within the department for 12 months after they leave their jobs.

Previously, the department was split into eight sections for the purposes of the restrictions, and officials who met this definition were barred from lobbying only at the particular section where they had worked. DHS officials asked the ethics office to expand the yearlong ban to cover the entire department "as DHS strives to establish a single, unified workforce," the rule stated.

The rule is scheduled to go into effect on June 7, after a 90-day waiting period. This means senior officials who leave before that date would have a chance to sidestep the restrictions.

Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman, I-Conn., lauded the rule Thursday.

"This is a positive step toward slowing the revolving door between special interests and government service," Lieberman said. "Too many officials, for too long, have been able to use inside information and special access for their own personal benefit. By imposing a single, clear standard across the entire department, former employees moving to the private sector can no longer exploit loopholes in the system."

DHS Secretary Michael Chertoff said Thursday that the department is embracing the change.

"Whatever the component agency or office, the leaders of this department are first and foremost senior DHS officials," Chertoff said. "There should be no doubt about the integrity of our leadership and the motivation for their service to our country."

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Coast Guard aims to hire more contract oversight officials

Jonathan Marino — Thu, 08 Mar 2007 00:00:00 -0500

Coast Guard Commandant Adm. Thad Allen told lawmakers at a House hearing that he is seeking a senior manager with military experience to oversee the $24 billion program to replace or upgrade aging equipment. "We're going to be fine," Allen reassured members of the House Transportation and Infrastructure subcommittee overseeing the Coast Guard. "This is not to say we don't have challenges looking forward. Could we use more people? Always, yes."

Lawmakers pointed out that the agency's staffing has increased 18 percent since it took on new responsibilities when it became part of the Homeland Security Department in 2003. But they said this increase is not enough.

Citing the "27 new functions" thrust upon the Coast Guard in DHS, Rep. James Oberstar, D-Minn., said the agency needs "to increase personnel and funding for personnel."

DHS Inspector General Richard Skinner told lawmakers that the Coast Guard already has started hiring additional staff members to ensure its Deepwater program is not subject to more acquisition missteps. Still, he told lawmakers, the Coast Guard should solicit "independent, third-party assessments" and consolidate its acquisition strategies under one directorate.

President Bush's fiscal 2008 request would increase the Coast Guard's budget to nearly $8.2 billion, a $196.8 million, or 2.4 percent, gain over the amount proposed for fiscal 2007. The increase would go in part toward beefing up Coast Guard Reserve training. The agency's budget for operating expenses, which include pay, would also grow.

In his testimony, Allen also told lawmakers he opposes having the National Science Foundation in control of operational costs for icebreaker ships that belong to the Coast Guard.

"My opinion is that it's very dysfunctional," he said, of splitting the ships' funding sources.

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Rail representatives rip DHS grants bureaucracy

Jonathan Marino — Wed, 07 Mar 2007 00:00:00 -0500

William Millar, president of the American Public Transportation Association, told members of House Transportation and Infrastructure subcommittees that DHS has created "an incredible bureaucratic process" for grant applicants. He described thickly layered application and approval procedures, and said in some instances, the challenges continue even after grants are awarded on paper, because the money never reaches its destination.

When asked to elaborate, Millar zeroed in on a specific office: "The Office of Grants and Training is what I think it's called this week," he said, drawing a laugh from lawmakers.

The Amalgamated Transit Union, which represents more than 180,000 transit workers in the United States and Canada, has not received enough grant money to provide members with adequate training on safety and anti-terror measures, said Michael Siano, the union's international executive vice president.

"The training we're getting is nil," Siano said. Members get instructions from a pamphlet and a 10-minute video, he said.

DHS spokesman Russ Knocke argued DHS must take steps to exercise adequate oversight to ensure the proper distribution of grants, and must hold recipients accountable.

"The issue of grants is one that involves tradeoffs," Knocke said. He added that the department is working to distribute guidance for potential applicants sooner. The department has moved the issuance of application instructions, which used to happen in the spring, to early January.

House Democrats for months have been pushing for improvements in DHS' handling of rail security, and have insisted that the Transportation Security Administration does not devote enough resources to ground transit. They have also argued TSA and Transportation Department employees need expanded whistleblower protections.

At Wednesday's hearing, Amtrak's inspector general presented testimony illustrating large discrepancies between rail and airport security checks.

Rail passengers do not undergo baggage inspections, with a few exceptions, said Fred Weiderhold, the IG. Amtrak passengers also are not checked against government watch lists, he said

Rep. John Duncan Jr., R-Tenn., said additional security measures need to be implemented to protect bus and train commuters.

"We're going ridiculously overboard at airports," Duncan said, expressing frustration that he has fought a losing battle to carry on his shaving cream.

But like Republicans on the House Homeland Security Committee, Duncan stopped short of endorsing a vast expansion of whistleblower protections.

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Lawmakers say TSA whistleblower rights provision goes too far

Jonathan Marino — Tue, 06 Mar 2007 00:00:00 -0500

The rights would be granted as part of the 2007 Rail and Public Transportation Security Act. It would grant TSA and Transportation Department workers protection against retaliation should they act as whistleblowers and report security risks or violations.

American Federation of Government Employees spokeswoman Emily Ryan said TSA employees "have virtually no protection" right now.

Lawmakers also said court privileges granted by the bill, which the House Homeland Security Subcommittee on Transportation Security and Infrastructure Protection passed last week, may extend too far.

The legislation would allow an advantage in court for TSA employees who claim retaliation for reporting potential waste, fraud or abuse, said Rep. Dan Lungren, R-Calif. Should the government's case rely on classified or sensitive information that officials argue cannot be disclosed, the claimant automatically would win, he said.

Richard Falkenrath, deputy commissioner for counterterrorism for the New York City Police Department, testified that if Lungren is correct, it would be "very troubling." But Falkenrath declined to comment further on the issue.

Rep. Charlie Dent, R-Pa., said TSA managers will also be "made passive" by the whistleblower rights segment of the bill. He expressed concern that managers would be exposed to potentially frivolous complaints.

The bill also aims to strengthen security by adding more rail inspectors, ensuring that private sector and local entities better train rail workers and expanding intelligence sharing between TSA and the Transportation Department. Specifically, the measure would push the Homeland Security Department to add 500 rail inspectors by 2010. Currently, there are 100 nationwide.

The legislation would authorize a $600-million-per-year rail security fund for fiscal 2008 through 2011, as well as a smaller package for bus security. Amtrak would be authorized to receive a total of $140 million over the same time period to improve its tunnels; $200 million could be spent on research and development of technology.

Democrats on the committee published a report last summer that harshly criticized TSA spending and said rail security is inadequate.

Since the summer, TSA has sent behavioral experts to airports nationwide in an attempt to pick up on terrorists' physical cues. TSA Assistant Secretary Kip Hawley called the technique "one of two valuable components" to catching terrorists.

But Falkenrath told lawmakers NYPD cannot use the tactic on rail systems, in part because of constraints imposed by the sheer volume of commuters traveling in the city.

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TSA head says collective bargaining would be costly

Jonathan Marino — Mon, 05 Mar 2007 00:00:00 -0500

Kip Hawley told members of a Senate Homeland Security and Governmental Affairs subcommittee focusing on workforce issues that costs associated with implementing collective bargaining rights would be about $160 million. He did not provide details on what types of costs would be involved.

The legislative language in question would be part of a massive bill to implement unfulfilled recommendations of the 9/11 commission. The House granted federal screeners collective bargaining rights in its version of the bill. The Senate has yet to complete the measure, but the White House has threatened a veto if the final version contains the provision.

Hawley argued that collective bargaining would hamper the flow of information between managers and other employees. Lawmakers told the TSA chief he should present the subcommittee with details of what opportunities would be denied to managers.

Administration and Homeland Security Department officials also have said that granting such rights would cut into TSA's flexibility to respond quickly to emergencies.

Sen. Tom Coburn, R-Okla., presented a similar argument against the language, and also charged that Monday's hearing was needless. All parties with an interest in the language have revealed their intentions, except for the individual lawmakers, who likely will vote Tuesday, he said.

"The president already said he'll veto the bill," Coburn added.

But John Gage, president of the American Federation of Government Employees, one of the largest federal labor unions, said the administration's opposition is unfounded. "Opponents of collective bargaining rights for [TSA employees] invoke September 11th as if the lesson of that terrible day were to deprive Americans of their rights at work," Gage said.

In a separate line of questioning, Hawley rejected claims that TSA has been able to reduce employee injury rates and Equal Employment Opportunity complaint filings through intimidation and the threat of firings.

"The injury reduction has been remarkable," Hawley told lawmakers.

He also credited the agency's pay for performance management system for making "attrition … one area that has dropped."

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DHS lacks timetable for monitoring visitor departures

Jonathan Marino — Thu, 01 Mar 2007 00:00:00 -0500

Robert Mocny, deputy director for US VISIT, said officials are slowly and deliberately tailoring the program to meet DHS' needs, but the exit tracking component is "not ready for prime time yet." The program was established three years ago but so far only keeps tabs on entries.

Mocny spoke about the effort in an address at the Border Trade Alliance regional conference in Washington. Trade officials expressed concerns Thursday that implementing an inefficient version of US VISIT to verify departures could cause delays at airports, further hindering the travel industry.

But that argument is unlikely to sit well with lawmakers. At a recent hearing, Rep. Bennie Thompson, D-Miss., chairman of the House Homeland Security Committee, pledged to review the department's management of US VISIT.

At the conference Thursday, Mocny mentioned the possibility of using radio frequency identification technology for US VISIT's exit component. Visitors passing through border tolls could then swipe an RFID chip to confirm their departure, he said.

There's a possibility US VISIT will move away from using identification cards entirely, Mocny said. "If your finger can be your card, why not?" he asked conference attendees. "You can create a fake card."

Initially, US VISIT's biometric components were going to be isolated from other departmental work, according to Mocny. But the program has turned into a "technology hub," he said, providing identity services for the entire department, including the Transportation Security Administration, Coast Guard, and Immigration and Customs Enforcement bureau.

Meanwhile, addressing a separate identification issue, Kathy Kraninger, director of DHS' Office of Screening and Coordination, told trade representatives that some of the department's processes and background checks for international truckers are "duplicative." She said the procedures were necessary, especially for security purposes, but DHS continues to refine its procedural guidelines.

"Where we are now is not where we want to be long term," she said.

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FEMA urged to improve grants management

Jonathan Marino — Wed, 28 Feb 2007 00:00:00 -0500

The calls for improvement come about a month before FEMA is slated to receive more responsibility for distributing grants. Matt Jadacki, DHS deputy inspector general for disaster assistance oversight, said FEMA "historically has had significant problems tracking, monitoring and closing mission assignments."

"FEMA faces a significant challenge in management/oversight of its disaster assistance grant program as well as the DHS grants programs that will become a part of FEMA on April 1," Jadacki told members at a joint hearing held by the House Homeland Security Subcommittee on Emergency Communications, Preparedness and Response, and the Subcommittee on Management, Investigations and Oversight.

He said about 2,700 grants, worth about $8.7 billion, have been executed for Hurricane Katrina alone. The DHS inspector general continues to conduct reviews of those grants, he said.

Jadacki also told the subcommittees that FEMA has weaknesses in acquisition and planning and that "insufficient numbers of acquisition personnel" hindered its contract management in response to Katrina. DHS and FEMA officials acknowledged that more needs to be done to strengthen contract management and oversight.

DHS Undersecretary for Preparedness George Foresman said grants and contract management programs continue to be fine-tuned.

Still, FEMA Director R. David Paulison said, the agency is on the verge of filling out each of 10 regional director positions for "the first time in anybody's memory." He said he is aiming for "a strong mix of career people in this organization," including at the procurement office. Career employees are "the ones who understand what's really happening" at the agency, he added.

Earlier this month, Paulison said FEMA's hiring has steadily increased since he became the agency's director. In the months immediately following Hurricane Katrina, FEMA had difficulty in this area.

Lawmakers also criticized the placement of the US-VISIT program, which gathers information on foreigners entering and exiting the United States, within DHS' National Protection and Programs Directorate. House Homeland Security Committee Chairman Rep. Bennie Thompson, D-Miss., called this structure puzzling, as the program is lumped together with cybersecurity and chemical plant protection initiatives.

Several lawmakers said DHS officials must complete the US-VISIT program so that it is capable of verifying visitors' departures, as well as their entrances.

"You have to finish the exit side of this," said Rep. Ed Perlmutter, D-Colo.

Foresman acknowledged that the program's departure confirmation component needs to be completed.

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Immigration agency outsources food service at detention centers

Jonathan Marino — Mon, 26 Feb 2007 00:00:00 -0500

Fifty-six ICE food service employees at detention centers in Miami; Los Angeles; Los Fresnos and El Paso, Texas; Florence, Ariz.; and El Centro, Calif., will be replaced by ANC workers, according to a notice posted earlier this month on the Federal Business Opportunities Web site. The decision was made after the agency conducted a streamlined public-private job competition, in which officials decided after completing market research that it would be best to outsource the work.

Officials then announced in the notice early this month that, rather than soliciting proposals from all interested private sector companies, they would give the work to an Alaska Native firm. These companies are considered disadvantaged and allowed to bypass some of the normal competitive procedures required to win federal contracts.

The White House has encouraged agencies to let contractors bid on federal work considered commercial in nature, with the goal of improving efficiency and saving money. But sources familiar with ICE's recent streamlined competition for food services work said the decision to go with an Alaska Native company undermines the premise of the effort.

"ICE is not required to even show that this type of contractor is cheaper or better than federal employees, so the results of the ... competition don't matter, much less the way it was conducted," said one person at the Homeland Security Department, who spoke under the condition of anonymity. ICE is part of DHS.

But ICE spokeswoman Julie Zuieback said agency officials anticipate that the change will save $5 million over three years.

"There are job opportunities for affected employees elsewhere in ICE," Zuieback said. "Additionally, the employees will be given right of first refusal by the contractor in accordance with the Federal Acquisition Regulations. These require the contractor to first consider an affected employee who has applied for the job and to give that employee a job if he or she is qualified."

Zuieback said the agency is currently negotiating the food services deal.

A separate agency source predicted that officials may have a difficult time making a smooth transition to a contract workforce.

"I foresee disturbances likely to occur after the new contractors take over," said the source, who also spoke under the condition of anonymity. "One of the primary reasons inmates [and] detainees riot is the quality of the food service. Contract employees will be held to strict time limits, [and] the quality and quantity will surely suffer as a result."

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Senators seek probe of Federal Protective Service budget issues

Jonathan Marino — Fri, 23 Feb 2007 00:00:00 -0500

In a Feb. 20 letter requesting the review, lawmakers noted a July 2004 GAO report on difficulties the Federal Protective Service faced following its transfer to DHS from its previous home, the General Services Administration. They said in some areas, the problems identified "appear to have worsened" since 2004.

They pointed to the budget shortfalls in particular. The Homeland Security Department reported to the Senate Appropriations Committee last year that FPS faced a shortfall of $42 million. Multiple agency sources confirmed that the amount has since grown to more than $80 million.

The protective service, which is housed within DHS' Immigration and Customs Enforcement bureau, has a staff of about 1,500 federal employees, and also manages about 15,000 contract security guards. Agencies reimburse FPS for its services through fees, and late payments are among the causes of the budget shortfall. Some have suggested the fees should be raised.

In addition, lawmakers requested that GAO determine whether it was appropriate to place FPS within ICE, an investigative agency responsible largely for enforcing immigration laws. They also asked if FPS was equipped to fulfill its mission, including whether it was able to manage its large contingent of contract guards.

The letter was signed by Sens. Joseph Lieberman, I-Conn., chairman of the committee; Susan Collins, R-Maine, ranking member; Daniel Akaka, D-Hawaii, chairman of a subcommittee on the federal workforce; and George Voinovich, R-Ohio, ranking member of that subcommittee.

GAO and ICE officials did not respond to requests for comment.

The Homeland Security and Governmental Affairs Committee is not the only panel that has targeted FPS for additional oversight and investigations. The House Transportation and Infrastructure Committee places FPS among the oversight priorities listed on its Web site. Multiple sources confirmed that committee is pursuing separate projects to review FPS.

The transportation committee's Subcommittee on Economic Development, Public Buildings and Emergency Management placed a statement on the Web site saying members were "concerned that FPS' placement in [ICE] within DHS will not utilize FPS' capabilities to the fullest." The statement, not endorsed by any particular lawmaker, noted specific concerns "that placing FPS, a fee-for-service account, within ICE's appropriated account, has contributed to financial confusion and potential mismanagement."

The House subcommittee will monitor FPS' management, policies and requirements for security at public buildings, the committee Web site said.

FPS' budget issues have raised concerns about a possible downsizing. Voluntary retirement packages offered last year failed to entice as many employees to leave as hoped, multiple agency sources said, and it is possible that FPS will eliminate hundreds of its police jobs in the coming fiscal year. ICE officials have said FPS workers whose jobs are targeted for elimination will have opportunities to work elsewhere within ICE.

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DHS seeks to expand information-sharing program

Jonathan Marino — Thu, 22 Feb 2007 00:00:00 -0500

Bruce Landis, deputy assistant secretary for cybersecurity and telecommunications at DHS, told attendees of the 2007 Maryland Cybersecurity Forum in College Park, Md., that officials may broaden the department's EINSTEIN program in an effort to include more key agencies. The program tracks cyber-threats and attacks using an automated system that gathers, analyzes and re-distributes computer security information across the federal government.

Landis said eight agencies are currently involved, but he did not say which ones. He said the expansion of EINSTEIN would "speed up our sharing of information."

Prior to EINSTEIN's establishment in 2004, the federal government lacked automated information sharing processes to defend against cyber-attacks, often leaving officials to determine how and where weaknesses occurred after the fact, a review of the program stated. The assessment, conducted by DHS officials in 2004 said "experience with recent cyber attacks has demonstrated effective defenses require accelerated information sharing, analysis and enhanced response preparation."

While pushing for the program's expansion, Landis also said that the department's cybersecurity, telecommunications and science and technology sections are trying to help local first responders obtain compatible communications equipment. Landis said this includes upgrading radio systems where needed and expanding oversight.

"The department's already done a lot of work" on beefing up oversight, Landis said. DHS and the Commerce Department will distribute $1 billion in grants across the country for varying purchases and exercises to improve interoperability.

Still, DHS has limits on the oversight that can be imposed, Landis said when asked how interoperability grants could be regulated without infringing on states' rights.

"We don't have the authority to say [to states], 'This is what you're going to do,'" Landis said.

Landis also voiced concerns about staffing levels, saying that the part of DHS he serves has had a "hard time finding the right people" to fill job openings.

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Officials urge international collaboration to fight child pornography

Jonathan Marino — Wed, 21 Feb 2007 00:00:00 -0500

Developments in trafficking prompted American and foreign officials to assemble the Virtual Global Taskforce, an international consortium of officials collaborating on child pornography investigations, in Washington, marking the first conference in two years. The taskforce last met in Belfast, Ireland, in 2005.

At Wednesday's meeting, officials with the Homeland Security Department's Immigration and Customs Enforcement bureau called upon 23 governments to work together to net as many suspects as possible and to promote longer, tougher sentences on child molesters and pornographers.

"The minute you've got an investigation that's multinational, you've got to partner [with other governments] and you've got to partner immediately," said Jim Gamble, chairman of the task force and chief executive of the United Kingdom's Child Exploitation and Online Protection Center.

Gamble referred to Operation Landslide, a 2002 investigation that began in the United States but expanded to the U.K., as an example of how international cooperation was imperative to surveillance conducted on 7,000 alleged consumers or viewers of child pornography.

Gamble said the mentality of some government officials is that "we can resolve an issue ourselves" rather than in teams. He said governments' cooperation becomes more essential as child pornography continues to develop as an illegal industry.

ICE chief Julie Myers called upon law enforcement agencies internationally to "do a better job of pooling their resources," but added that the worldwide investigative community is "well on [its] way" toward reaching that goal.

One foreign government official who asked not to be named said file-sharing Web sites are on the rise and have inadvertently facilitated the distribution of child pornography. This type of site is proliferating as criminals realize that pay-per-view sites always create a trail between the consumer and distributor via payment reports, the source said.

"More people are going out of their way to go underground now," the source said.

Alice Fisher, the Justice Department's assistant attorney general, said pay sites can be linked to "credit card aggregators" and "peer-to-peer file sharing" networks that can turn up suspects. Fisher said American investigations have developed to the point of involving multiple agencies, often from separate departments, for a single case.

Gamble supported U.S. government officials' calls for tougher laws for offenders, and added that new approaches are necessary to tackle a still-developing criminal segment of Internet users.

"We need new thinking more than we need new laws," he said.

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Lawmakers seek update on FBI probe of Los Alamos breach

Jonathan Marino — Tue, 20 Feb 2007 00:00:00 -0500

"While we understand there is an ongoing criminal investigation, the committee requests a briefing on the scope," wrote Reps. Bart Stupak, D-Mich., and Ed Whitfield, R-Ky., in a Feb. 15 letter to FBI Director Robert Mueller. The lawmakers criticized continued "security failures, safety breaches and dysfunctional management" at the Los Alamos facility in New Mexico.

They asked Mueller for a briefing on the FBI's views on the process for granting security clearances at the Energy Department and the National Nuclear Security Administration, a semi-autonomous agency within Energy responsible for overseeing the security of laboratories including Los Alamos.

The lawmakers also asked for information on the FBI's involvement in helping run background investigations and name and fingerprint checks on Energy Department employees seeking clearances. Energy annually pays the FBI about $1 million for the work, they said.

"The FBI has received the letter and will respond directly to the subcommittee," said Richard Kolko, a spokesman for the bureau. He declined to offer further comment.

Last month, the Energy and Commerce Subcommittee on Oversight and Investigations, of which Stupak is the chairman and Whitfield the ranking member, ripped lax security at Los Alamos following an incident in which a contract worker allegedly downloaded classified data onto a keychain hard drive illegally.

The Los Alamos County Police discovered the hard drive, which contained 1,588 pages of both classified and unclassified data, last October while responding to an unrelated domestic disturbance. The employee allegedly downloaded the information by accessing a classified computer that was not properly locked. Lawmakers since have demanded that the Energy Department make technological and physical security upgrades.

Subcommittee members last month said they are considering the elimination of NNSA, which was created in the wake of another security breach, this one by Taiwanese-American scientist Wen Ho Lee, who mishandled restricted data in an incident that garnered worldwide headlines seven years ago.

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