HOMELAND SECURITY INTEROPERABILITY PROVISIONS DEBATED ON HILL

Interoperability of communications and computer equipment that would be used by proposed Dept. of Homeland Security and by state and local first responders is one of top goals of White House plan, Office of Homeland Security Dir. Tom Ridge said Thurs. He appeared in separate hearings before Senate Governmental Affairs and House Govt. Reform committees to explain proposal by President Bush that would consolidate numerous federal entities and functions into one cabinet-level department. Department would consist of 4 units, including Information Analysis & Infrastructure Protection and Emergency Preparedness & Response divisions, latter of which would: (1) Develop communications technology interoperability programs and ensure “emergency response providers acquire such technology.” (2) Consolidate existing federal emergency response plans into “single coordinated emergency response plan.”

Ridge told Senate panel that provisions would enable first responders “to communicate a lot better with each other than they have done in the past.” Sen. Dayton (D-Minn.) said that in order “to allow these agencies to have seamless communications between themselves and within themselves… we must provide the funding up front” for such efforts.

Ridge said department’s proposed focus on analyzing rather than collecting data was result of “unique privacy and civil liberties concerns” that Bush had wanted to address before creating new organization. Collection of data will remain with entities such as FBI and CIA, which already have legal ability to amass intelligence information, he said. White House plan doesn’t seek to duplicate those intelligence-gathering functions, but would provide “competitive analysis” of data, move Bush sees as improving federal govt.’s assessment of threats and ability to recommend preventive action, Ridge said. He said provisions that would have new department carry out “vulnerability assessments” of critical infrastructure would complete process that started under Clinton Administration “but just didn’t get done.”

Sen. Bennett (R-Utah) made pitch for creating limited exemption from Freedom of Information Act (FOIA) for threat data voluntarily provided to govt. by critical infrastructure operators. Homeland Security proposal contains FOIA exemption language that echoes concerns raised in legislation by Bennett and Sen. Kyl (R-Ariz.). Bennett reiterated his concern that industry would continue to be reluctant to share threat information with govt., since such data were accessible to competitors under FOIA. Ridge said: “We do need to come up with a mechanism” to address FOIA issue and to bolster govt.-industry cooperation, particularly since terrorists “target economic assets and turn them into weapons.”

Some members of House panel weren’t so supportive of proposed exemption, saying it raised specter of new era of govt. secrecy. Rep. Mink (D-Hawaii) said FOIA had positive 30-year track record of making govt. information available to public while providing safeguards against release of proprietary and top-secret data: “I would hate to see freedom of information thrown away… The [FOIA] already provides a national security exemption,” thereby making a broader exemption unnecessary.

Federal efforts to fund state and local first responder equipment needs and interoperability initiatives are “unreasonable” since they contain matching grant requirements, Rep. Tierney (D-Mass.) said. Many municipalities already are burdened by increased security costs since last year’s terrorist attacks and can’t afford to contribute funds matching federal grants, he said. Tierney and Rep. Allen (D-Me.) also decried logic of sending related funds to states, rather than allowing local authorities to apply directly to federal govt. They separately said that process posed unnecessary bureaucratic hurdle for resource- strapped emergency units.

House Commerce Committee Chmn. Tauzin (R-La.), Vice Chmn. Burr (R-N.C.), and chmn. of 6 Commerce subcommittees sent letter to Ridge Thurs. urging him to adopt standard model for vulnerability assessment data. Govt.-wide framework for those assessments and documentation generated by such activities must be shielded from improper disclosure, they said: “We must ensure that vulnerability assessments are never allowed to be used be used a road maps for terrorist action.”