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Testimony
of
Deputy Secretary James Loy, ADM, USCG (RET) Before the
House Select Committee on Homeland Security February 4, 2004 Good morning, Mr. Chairman and Congressman Turner. I would like to thank you, as well as the other members of the committee, for providing this opportunity for me to join my colleague from TTIC, John Brennan, to discuss the Homeland Security Advisory System. On March 11,
2002, President Bush created the Homeland Security Advisory System
(“HSAS” or “advisory system”)
as a tool to improve coordination and communication among all levels
of government, the private sector and the American public in the
fight against terrorism. The advisory system is binding on the
executive branch, and suggested, although voluntary, for State,
local, territorial and tribal governments, and the private sector. We recognize that a decision to change the Threat Condition has significant economic, physical and psychological impacts on the nation. Therefore, decisions made by the Secretary, in consultation with the Assistant to the President for Homeland Security to change the Threat Condition are made only after careful consideration and close coordination with other Federal agency heads, including other members of the Homeland Security Council. Let me take this opportunity to provide some insight into the decision making process. In the regular course of business, the Intelligence Community constantly reviews available threat information. When that information provides sufficient indication of a plan to execute a terrorist attack, the source and origin of the intelligence are further analyzed to determine the specificity and credibility of the information. It is only when the information received is both specific and credible that the Department takes appropriate action under the advisory system. Even then, the Threat Condition is not automatically raised to the next higher level. The Secretary has a range of actions available to him. These actions range from the issuance of advisories or bulletins up to a determination to change the Threat Condition. There are instances when the volume and credibility of the intelligence reaches a level that the Department believes it should notify the public of the increased risk and the actions professionals are taking in response to the threat. Although this is a subjective standard, this concept was demonstrated when DHS elevated the Threat Condition from Yellow to Orange for Operation Liberty Shield. The decision to change the Threat Condition was based on intelligence reporting indicating Al Qaida’s desire to attack the US in response to the US-led military campaign in Iraq. As you are aware, in this instance during a time of war, DHS recommended nationwide protective measures during a time of war. Since then
Advisory System has evolved as more specific threat information
has become
available and the Department’s ability
to communicate threat information and protective actions to those
affected improved. One example of this evolution is the development
of specific, audience-tailored communications tools to address
specific threats and provide measures to be taken in response to
threats or vulnerabilities. These products have enabled the Department
to implement the advisory system in a more practical and flexible
manner. In fact, since March 11, 2002, the protective posture of
our nation has increased based on our refined ability to respond
to specific information with targeted actions and prevention measures.
As a result, today’s Threat Condition Yellow is yesterday’s
Orange, effectively raising the threshold for changing the Threat
Condition. This evolution is best illustrated by the most recent
Threat Condition change over the December 2003 holiday period.
At that time, the Threat Condition was raised from Yellow to Orange
based on intelligence reports indicating a substantial increase
in the volume of threat-related reports from credible sources that
al Qaida continues to consider using aircraft as a weapon and other
threat reporting targeting numerous cities in multiple geographic
locales. These were the most specific threat reports that we have
seen thus far. Even though the national Threat Condition was lowered
on January 9, 2004, DHS recommended that several industry sectors
and geographic locales continue on a heightened alert status. In
this case, DHS utilized the HSAS communications tools to provide
specific recommendations to particular industry sectors and for
particular geographic areas in response to specific threat information.
For the first time since the creation of the HSAS, the Department
lowered the national threat level but recommended maintaining targeted
protections for a particular industry sector or geographic locale. Threat products consist of warning and non-warning information designed to inform a particular audience about an existing threat or current incident. Two threat products used by the Department are Threat Advisories and Information Bulletins. Threat Advisories contain actionable information about incident information or a threat targeting critical national networks, infrastructures, or key assets. These products may suggest a change in readiness posture, protective actions, or response that should be implemented in a timely manner. Information
Bulletins communicate information of interest to the nation’s
critical infrastructures and other non-governmental entities
that does
not meet the timeliness, specificity, or significance
thresholds of threat advisories. Such information may include statistical
reports, summaries, incident response or reporting guidelines,
common vulnerabilities and patches, and configuration standards
or tools. Because these products are derived from intelligence
they are generally communicated on a need-to-know basis to a targeted
audience, such as the intelligence that is shared at both the classified
and unclassified level with State, local and private sector officials.
Together, these products provide a thorough, well-calibrated system
to prevent terrorist attack. The evolutionary nature of the advisory
system, and the authority resident in HSPD-3, enable the Secretary
to utilize a variety of tools to address terrorist threats that
may affect the United States. It is important
to note that threat information that is shared by the Department,
and
the ultimate raising of the Threat Condition,
are actions primarily intended for security professionals at all
levels of government and the private sector. However, in this post
9/11 world, in some cases threat information distributed by the
Department or other Federal agencies eventually becomes accessible
in the public domain. Based on this reality, the HSAS has again
evolved to include a clear public explanation of the threat information
to avoid misinterpretation of the information. When a change is
made to the Threat Condition, DHS Secretary Tom Ridge includes
guidance to the public regarding specific actions that can be taken
in response to the threat. In addition to encouraging increased
vigilance, DHS has recommended specific actions for the public
including guidance for expediting their interactions with Transportation
Security Administration airport screeners when traveling by commercial
aviation. Although information is provided publicly regarding protective
measures, it is important for the public to understand that DHS
implements and recommends additional and more specific protective
measures to State and local officials that are only disseminated
to security professionals. Increasing citizen and community preparedness
is a Departmental priority. One year ago, Secretary Ridge launched
a multi-faceted public information campaign in conjunction with
the Ad Council, which has received over $150 million in donated
advertising. The public information campaign directs callers to
a web site or and “800” telephone number that provides
critical information on emergency preparedness and different types
of terrorist threats. Brochures on this effort are also distributed
through Post Offices across the country and Salvation Army distribution
centers as well as other private sector partners. The Ready information
campaign works in concert with the American Red Cross and Citizen
Corps, the department's initiative to mobilize volunteer leaders
to increase their community's preparedness. The Ready.gov website
provides specific actions individuals and families can take such
as creating and testing a family emergency plan and assembling
an emergency kit to ensure there are sufficient supplies available
when needed. Along with providing information to the public, DHS
also works with State and local officials and the private sector
in developing specific protective measures. The Department recognizes
that each State, locality and private sector facility is unique
and requires the development of different protective measures.
For example, the protective measures required for and implemented
by New York City are vastly different from the protective measures
that Orange County, California will implement. In recognition of
this difference, DHS communicates regularly with and provides technical
advice to State and local officials to assist in the development
of specialized and appropriate protective measures. Certain national
law enforcement associations have also been awarded Homeland Security
grant funding to further develop their own standard procedures
for security measures to correspond with HSAS Threat Conditions. DHS sends out teams consisting of DHS personnel and personnel
from other agencies to critical infrastructure sites throughout
the country to conduct site assistance visits. These visits are
focused on identifying vulnerabilities and shared characteristics
of that critical infrastructure sector element. After the visits,
a report is prepared about the site and shared with local law enforcement,
Federal law enforcement and the owner/operator of the facility.
This procedure assists the owner/operator in identifying their
vulnerabilities and adding appropriate protective measures. In the future as the Department matures and our implementation of the HSAS continues to evolve, we will work diligently to provide information that best suits the needs of Federal, State and local officials, the private sector and the public. We look forward to working with the Congress on ideas to improve the system. HSAS is simply a tool and is one of the many means to the end we all are working toward which is a secure homeland. Thank you Mr. Chairman. I would be pleased to answer any questions
you may have. |