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New Markle Foundation report urges Congress and White House to improve sharing of information

The Markle Foundation Task Force on National Security in the Information Age has released a new report, "Policy Makers Need Better Information to Protect the Country."

From the executive summary:

"The President and Congress must reaffirm information sharing as a top priority, ensuring that policymakers have the best information to inform their decisions. We are at a critical moment, where immediate action at the start of the Obama administration is required. There is unfinished business in implementing an information sharing framework across all agencies that have information important to national security (including state and local organizations). If there is another terrorist attack on the United States, the American people will neither understand nor forgive a failure to have taken this opportunity to get the right policies and structures in place. An information sharing framework will allow government to collaborate effectively across diverse areas to inform policymakers better without undermining civil liberties."

• Download the 32-page report as a pdf.

Violence in Mexico is threat to homeland security, DHS Sec. Napolitano tells Senate committee

DHS Sec. Janet Napolitano recently tesitfied before the before Senate Homeland Security and Governmental Affairs Committee concerning violence along the U.S.-Mexico border, and the implications for homeland security:

From that testimony:

The violence in Mexico is not only an international threat. It is a homeland security issue in which all Americans have a stake. America has a significant security stake in the success of Mexico's efforts against drug cartels. The cartels that Mexican authorities are battling are the same criminal organizations that put drugs on our streets and use violence as a tool of their trade. Illegal drugs, money, and weapons flow both ways across our border and inextricably link the United States and Mexico in our efforts against drug cartels. The two nations share a nearly 2,000 mile-long border, billions of dollars in trade, a commitment to democracy, and the need to prevail against the transnational threats of terrorism and organized crime. Threats to the United States come from every part of the globe, and the security situation of our next-door neighbor deserves our utmost attention.

At DHS, we are not in a wait-and-see mode. We are taking action now to aid the Mexican government in addressing this threat and to secure our country. DHS is bolstering the resources dedicated to this mission and taking a number of new steps. America has several roles to play: First, we must provide assistance to the Mexican government in its efforts to defeat the drug cartels and thereby suppress the flare- up of violence in Mexico. Second, we must take action on our side of the border to cripple smuggling enterprises. Third, we must guard against and prepare for the possible spillover of violence into the United States. The Department of Homeland Security is working with the Departments of State, Justice, and Defense, as well as with border states and border communities, on all of these fronts.

• Download the transcript.

Report explores role of Congress in national cyber security

A new report from the Congressional Research Service explores the role of Congress in establishing and overseeing national cyber security. From the introduction:

"In January 2008, the Bush Administration established the Comprehensive National Cybersecurity Initiative (the CNCI) by a classified joint presidential directive. The CNCI establishes a multipronged approach the federal government is to take in identifying current and emerging cyber threats, shoring up current and future telecommunications and cyber vulnerabilities, and responding to or proactively addressing entities that wish to steal or manipulate protected data on secure federal systems.

"On February 9, 2009, President Obama initiated a 60-day interagency cybersecurity review to develop a strategic framework to ensure the CNCI is being appropriately integrated, resourced, and coordinated with Congress and the private sector.

"In response to the CNCI and other proposals, questions have emerged regarding: (1) the adequacy of existing legal authorities—statutory or constitutional—for responding to cyber threats; and (2) the appropriate roles for the executive and legislative branches in addressing cybersecurity. The new and emerging nature of cyber threats complicates these questions. Although existing statutory provisions might authorize some modest actions, inherent constitutional powers currently provide the most plausible legal basis for many potential executive responses to national security related cyber incidences. Given that cyber threats originate from various sources, it is difficult to determine whether actions to prevent cyber attacks fit within the traditional scope of executive power to conduct war and foreign affairs. Nonetheless, under the Supreme Court jurisprudence, it appears that the President is not prevented from taking action in the cybersecurity arena, at least until Congress takes further action. Regardless, Congress has a continuing oversight and appropriations role. In addition, potential government responses could be limited by individuals’ constitutional rights or international laws of war. This report discusses the legal issues and addresses policy considerations related to the CNCI."

• Download the report.

New CRS report: 'Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping'

The Congressional Research Service has released a new report, "Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping." The report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA).

• Download the full report.
• Dowload the abbreviated outline.

New legislation clarifies Department of Defense responsibilities during catastrophes

From the Senate Committee on Homeland Security and Public Affairs:

Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman, ID-Conn., and Ranking Member Susan Collins, R-Me., introduced legislation (on Sept. 25) to affirm the responsibilities of the Department of Defense (DoD) in the event of a catastrophic disaster.

The Ensuring Defense Support to Catastrophic Incident Response Act is the direct result of the first hearing in a series the Committee held on the threats of nuclear terrorism to the United States.

The measure would implement several recommendations of the National Guard and Reserves Commission, including that the DoD must have the statutory responsibility for civil support missions within U.S. borders and that it continues to plan, program, and budget to execute these missions based on coordinated planning with the Department of Homeland Security.

Read more.

New directions for FEMA? Congress posts April 9 statement from FEMA's acting deputy administrator

Harvey E. Johnson, Jr., FEMA's acting deputy administrator and chief operating officer, appeared on April 9 before the Committee on Homeland Security, Subcommittee on Emergency Communications, Preparedness and Response, U.S. House of Representatives. The committee has posted his statement online, entitled, “Moving Beyond the First Five Years: Ensuring FEMA’s Ability to Respond and Recover in the Wake of a National Catastrophe.”

From his statement:

“The vision for “New FEMA” was structured around the Post-Katrina Emergency Management Reform Act (PKEMRA) as well as other legislation. This legislation expanded our ability to meet the preparedness elements of our mission. We have also been shaped by the results of 17 specific internal needs assessments that spanned our business functions, logistics, finance, human resources, information technology and  communications. Those self-initiated assessments provided a blueprint for our change efforts. The additional reforms uncovered by the needs assessments and the organizational transition of preparedness components into FEMA on April 1, 2007, completed this important phase of our transformation….

The ultimate direction of FEMA has been mapped out in our new Strategic Plan that establishes five strategic goals, identifies overarching themes, and provides guidance, objectives and implementation strategies. The Strategic Plan has been vital in guiding FEMA’s directorates towards enhancing their program development processes.  As we enter the last year of this Administration, this Strategic Plan will guide a course that will ensure that we leave FEMA in a better position to serve the American people."

Senate posts testimony from 'Six Year After 9/11' hearing

The Senate Committee on Homeland Security and Governmental Affairs has posted testimony from its September 2007 hearing, "Confronting the Terrorist Threat to the Homeland: Six Years After 9/11."

Highlights include testimony from:

• DHS Secretary Michael Chertoff.
• J. Michael McConnell, Director of National Intelligence.
• John Scott Redd, Director, National Counterterrorism Center, Office of the Director of National Intelligence.
• FBI Director Robert S. Mueller III.

DHS releases Real ID regulation

DHS has announced a final rule establishing minimum security standards for state-issued drivers’ licenses and identification cards, the first deadline of which is Dec. 31, 2009.  REAL ID will fulfill a core 9/11 commission recommendation and Congressional mandate and address document fraud by setting specific requirements that states must adopt for compliance. All state-issued drivers’ licenses and identification cards intended for official federal purposes must be REAL ID compliant by Dec. 1, 2017.

For the official DHS press release, please click here.

This week: Real ID act, DHS' chief privacy officer, NSA's inquiry into Qwest Comm. before 9/11, limiting risk in foreign business operations, high-tech gadgets in DHS, the recent wildfire situation, and how statistics is being implemented.

Tuesday, November 6, 7 p.m. CDT (KAMU 90.9 FM, College Station)

Listen to the show.

1. News Media, Take One

Robert Kelly, Reform Institute's homeland security senior adviser talks
about his report on protecting the global supply chain through encased
cargo container security.

2. Inside the Beltway

Julie L. Myers is the assistant secretary of homeland security for U.S. Immigration and Customs Enforcement (ICE). Myers talks about ICE’s history and role in today’s border security

3. News Media, Take Two

Brian Damkroger leads Sandia’s Borders and Maritime Security program discusses his involvement in vehicle barrier protection on the US boarder.

4. Outside the Beltway

Asa Hutchinson, under secretary for border and transportation security discusses the role of the Corporate Crisis Response Officers Association and how it's helping get the private sector involved in homeland security.

5. Wild Card

Fred Burton is the vice president for counter-terrorism and corporate Security at Stratfor. Burton talks on the conviction of some eco-terrorists on terrorism charges and it's effect on fighting future eco-terrorists

6. Homeland Security at Home

Sheriff Chris Kirk, president of the Sheriff's Association of Texas (SAT), talks about how the Brazos County Sheriff's Department is getting themselves involved in homeland security.

LAWS & LEGAL ISSUES: Mayfield v. United States of America

In Mayfield v. United States, U.S. District Judge Ann Aiken (District of Oregon) held that parts of the Foreign Intelligence Surveillance Act (FISA) of 1978 (50 U.S.C. §§ 1804 and 1823), as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution.

Learn more.