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HomeMy WebLinkAboutI- 5 amdnded and Restated LA Impact MOU (Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force) AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KING DAVIS, CHIEF OF POLICE VIA: RICK COLE, CITY MANAGER A21 DATE: SEPTEMBER 16, 2002 SUBJECT: AMENDED AND RESTATED LA IMPACT MOU (LOS ANGELES INTERAGENCY METROPOLITIAN POLICE APPREHENSION CRIME TASK FORCE) RECOMMENDATION It is recommended City Council adopt a resolution approving the amended and restated LA Impact Program Memorandum of Understanding (MOU) relating to jointly and collectively targeting, investigating and prosecuting terrorists and criminal activity. BACKGROUND Attached is a letter from the President of the Los Angeles County Chiefs of Police Association Larry Lewis that explains in detail the recommendation of the Los Angeles County Chiefs of Police Association with respect to this expanded and exploratory recommendation which will collectively, through joint efforts of cities and their police departments to, address terrorist threats. Also, attached is a resolution for adoption by the City Council that would approve the amended and restated MOU relating to jointly and collectively targeting the investigation and prosecution of terrorists and criminal activity, in addition to LA IMPACT's current effort in prosecuting drug trafficking throughout Los Angeles County. FISCAL IMPACT There will be no additional costs. Significant sources of income are available for this activity through grants and other sources from the state and federal government. g/tet/)24--__ . Los Angeles County Ally °,. �`� POLICE CHIEFS'ASSOCIATION :Poctc�c rtr LAWRENCE LEWIS ,.' nucxtnttcm ' **** President THOMAS HOEFEL First Vice President i July 18, 2002 JAMES HERREN Second Vice President Chief King Davis Azusa Police Department 725 North Alameda Avenue Azusa, California 91702 Re: Amended and Restated L.A. IMPACT MOU Relating to Jointly and Collectively Targeting, Investigating and Prosecuting Terrorists and Criminal Activity Dear Chief Davis: As you know, L.A. IMPACT was created by cities over 10 years ago and has been enormously successful in jointly and collectively targeting, investigating and prosecuting criminal activities related to drug trafficking and drug use. Enclosed is information which describes the activities of L.A. IMPACT. While L.A. IMPACT is a law enforcement organization, the information provided can be disseminated publicly. Also enclosed is information on the Department of Homeland Security. There is now an additional threat to our society after the events of last fall in New York City, this country and the world. These threats are insidious, and very difficult to combat individually by each city in Los Angeles County. Each police department in Los Angeles County is now cooperating with federal agencies and state agencies with respect to the threat of terrorists. The purpose of the enclosed resolution is to adopt an amended and restated MOU to also include cities jointly and collectively targeting, investigating and prosecuting terrorists. Our Association believes that this is an important effort for our Departments and cities to jointly undertake. The enclosed draft resolution is for presentation to your city council and when adopted by your city council would accomplish the adoption of an amended and restated MOU as described above. The L.A. IMPACT information and Department of Homeland Security information mentioned above should be included in your staff report to the city council. Also enclosed is a draft "staff report". Alhambra Police Department • 211 South First Street, Alhambra, CA 91801 Phone: (626) 570-5131 • Fax: (626) 284-5978 • Email: alhcop@ix.netcom.com Chief King Davis July 18, 2002 Page 2 Our officers and I are personally available to meet with you and your city manager and to make a presentation to your city council about the importance of the action we are recommending. Mr. Lee Dolley. who was involved in the original creation of L.A. IMPACT and who has helped us with this issue, has indicated that he will be also be available to meet with you, or members of your city family, as would appear necessary and appropriate. Once adopted, it is the intent of the Chiefs of Police Association to undertake a study of an enhanced joint cooperative effort to protect citizens from what is now certain to be a long- term threat from terrorists. There will be, therefore, further recommendations and reports to each chief of police and city concerning joint organizational efforts to combat terrorism, as well as recommendations which will identify funding sources necessary to support the effort. We urge that you undertake presenting this to your city council at the earliest date, and thereafter forwarding a copy of the resolution adopted by your city council to me as soon as possible. We look forward to working together on this significant effort. Very truly yours, �a�nce Le President Enclosures DRAFT SAMPLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADOPTING AN AMENDED AND RESTATED MOU AUTHORIZING L.A. IMPACT TO ALSO TARGET, INVESTIGATE AND PROSECUTE INDIVIDUALS WHO ENGAGE IN TERRORISM WHEREAS, in 1991 cities in Los Angeles County authorized participation in L.A. Impact by adopting a joint powers agreement and MOU (herein MOU); WHEREAS, L.A. Impact has been very successful in accomplishing its original mission; and WHEREAS, the original mission of L.A. Impact is stated in the MOU as: The Mission of the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force is to promote coordinated law enforcement efforts, and to address emerging criminal justice issues throughout the Los Angeles County area, encouraging maximum cooperation between all law enforcement and prosecutorial agencies, and insuring the safety of both police personnel and the public, accomplished in an efficient manner within constitutional guidelines. Initially L.A. Impact will target, investigate and prosecute individuals who organize, direct, finance, or otherwise engage in medium-to-high level drug trafficking enterprises or money laundering, placing a high priority on those subjects engaged in the importation of drugs into Los Angeles County, and to interdict such illicit supply lines and seize their drugs. L.A. Impact is also established to identify and ultimately convict medium-to-high level drug traffickers and to seize assets derived through drug trafficking through the effective methods of a task force approach; and WHEREAS, recent events of horrific historical proportions demand that law enforcement agencies respond collectively to terrorist threats; and WHEREAS, L.A. Impact has become a model of interagency cooperation and effectiveness in Los Angeles County by accomplishing its mission to target, investigate and prosecute drug traffickers who threaten our society and our youth; and WHEREAS, L.A. Impact is uniquely situated to undertake a joint and cooperative effort to confront terrorist threats to our society on a local basis; and LA#91620v1 -1- DRAFT SAMPLE WHEREAS, an amendment to the mission statement of L.A. Impact previously adopted by city councils is an appropriate method to create a mechanism to jointly confront terrorism in Los Angeles County on an organized basis; and WHEREAS, the Chiefs of Police of each city in Los Angeles County are uniquely suited to develop and execute these programs and plans which are necessary to confront the significant threats to our society; and WHEREAS, state law authorizes cities to approve agreements by which they can jointly exercise powers common to cities. NOW, THEREFORE, BEST IT RESOLVED THAT: The City Council of the City hereby adopts the amended and restated L.A. Impact MOU which shall include the following provisions: 1. "The Mission of the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force is to promote coordinated law enforcement efforts, and to address emerging criminal justice issues throughout the Los Angeles County area, encouraging maximum cooperation between all law enforcement and prosecutorial agencies, and insuring the safety of both police personnel and the public, accomplished in an efficient manner within constitutional guidelines. Initially L.A. Impact will target, investigate and prosecute individuals who organize, direct, finance, or otherwise engage in medium-to-high level drug trafficking enterprises or money laundering, placing a high priority on those subjects engaged in the importation of drugs into Los Angeles County, and to interdict such illicit supply lines and seize their drugs. L.A. Impact is also established to identify and ultimately convict medium- to-high level drug traffickers and to seize assets derived through drug trafficking through the effective methods of a task force approach. Additionally L.A. Impact, as a separate and distinct mission, separately funded or as may be authorized by participating member agencies, shall cooperatively and jointly target, investigate and prosecute individuals who engage in any activity relating to terrorism and criminal activity which threatens the public health, safety and welfare of citizens. This Amendment shall be effective when fifty percent (50%) plus one (1) of the cities with eligible police departments adopt by council action, the MOU as amended and restated herein, but only as to those cities who do so. 2. The Council authorizes the Chief of Police of the City to act as the exclusive agent and representative of the City to the Task Force and, further LA#91620 v1 -2- DRAFT SAMPLE authorizes the Chief. with respect to drug trafficking, to allocate personnel and financial resources in accordance with the MOU and applicable provisions of law concerning asset seizures and forfeitures; and further, with respect to terrorist and criminal activity, to allocate personnel and financial resources in accordance with the MOU and as may be funded separately or authorized by the City Council. 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS day of 2002. 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IX***ii.: ti 4. • I 41' ' d� t. : - � t ;rip ,,.1,-:: • t . - 0 -• 1 i -' -i } 11 4: .,. , ,,..‘ : W g - aiii - F •i C -a, 40- O "�, _ fig�{ # , �i ,�, +F - f.:44 L T r # fit: ri $ + PIO gi15.14 . -,-.-: , . !: . ,i. ,,,, , . ,1,li„.7..,:,,t,it.:.:,,,,, , .,11..,. .altith. i •ii. PITI4 , g:IIIII !,. 1, --zignswayst y 'i' ill- 1 _tz--,„,,,. .. 1 tom, ra .:X .� i�" 4.4 --- 411 I 44 �3� i ��x _ , ._ ii s . sq, , _.„.._,-,_,..f.j.,77.,:r 4*,„.,„-•*3...,.- r1;,,' ,.= .:1 i,,i- E .-,..-- I il %.‘.:- _ 4 ., �� s 1:1`T y ..i ',--7:-v-.7. '� '4za 0 -'.c Arc _ Yc� "S€ O7 I .,. il C THE DEPARTMENT OF HOMELAND SECURITY The President's most important job is to protect and defend the American people. Since September 11, all levels of government have cooperated like never before to strengthen aviation and border security, stockpile more medicines to defend against bioterrorism, improve information sharing among our intelligence agencies. and deploy more resources and personnel to protect our critical infrastructure. The changing nature of the threats facing America requires a new government structure to protect against invisible enemies that can strike with a wide variety of weapons. Today no one single government agency has homeland security as its primary mission. In fact, responsibilities for homeland security are dispersed among more than 100 different government organizations. America needs a single, unified homeland security structure that will improve protection against today's threats and be flexible enough to help meet the unknown threats of the future. The President proposes to create a new Department of Homeland Security, the most significant transformation of the U.S. government in over a half-century by largely transforming and realigning the current confusing patchwork of government activities into a single department whose primary mission is to protect our homeland. The creation of a Department of Homeland Security is one more key step in the President's national strategy for homeland security. Immediately after last fall's attack, the President took decisive steps to protect America — from hardening cockpits and stockpiling vaccines to tightening our borders. The President used his maximum legal authority to establish the White House Office of Homeland Security and the Homeland Security Council to ensure that our federal response and protection efforts were coordinated and effective. The President also directed Homeland Security Advisor Tom Ridge to study the federal government as a whole to determine if the current structure allows us to meet the threats of today while anticipating the unknown threats of tomorrow. After careful study of the current structure — coupled with the experience gained since September 11 and new information we have learned about our enemies while fighting a war — the President concluded that our nation needs a more unified homeland security structure. In designing the new Department, the Administration considered a number of homeland security organizational proposals that have emerged from outside studies, commissions, and Members of Congress. The Department of Homeland Security would make Americans safer because our nation would have: i One department whose primary mission is to protect the American homeland; One department to secure our borders,transportation sector,ports.and critical infrastructure; r One department to synthesize and analyze homeland security intelligence from multiple sources; One department to coordinate communications with state and local governments, private industry, and the American people about threats and preparedness; One department to coordinate our efforts to protect the American people against bioterrorism and other weapons of mass destruction; r One department to help train and equip for first responders; One department to manage federal emergency response activities: and r More security officers in the field working to stop terrorists and fewer resources in Washington managing duplicative and redundant activities that drain critical homeland security resources. THE ORGANIZATION OF THE DEPARTMENT OF HOMELAND SECURITY The Department of Homeland Security would have a clear and efficient organizational structure with four divisions: i Border and Transportation Security Emergency Preparedness and Response i Chemical, Biological, Radiological and Nuclear Countermeasures Information Analysis and Infrastructure Protection Questions & Answers Q: How would this new organization make America safer? The current system is a labyrinth spread among more than 100 government entities, none of which has homeland security as its primary mission. The President thinks America needs a more unified homeland security structure that will improve protection against today's threats and be flexible enough to help meet the unknown threats thfe thefirsfuture. The natione Dewpartment t of Homeland Security would make Americans safer beca ve: ✓ One agency whose primary mission is to protect the American homeland; ✓ One agency that protects our borders, aviation, ports and critical infrastructure; ✓ One agency that protects the American people at home against bioterrorism and other threats of mass destruction; ✓ One agency that analyzes homeland security intelligence from all sources; ✓ One agency that coordinates communications with state and local governments, private industry, and the American people about threats and preparedness; ✓ One agency to train and equip first responders; ✓ One agency in charge of all federal emergency response activities; and ✓ More security officers in the field working to stop terrorists and fewer resources in Washington managing duplicative and redundant activities that drain critical homeland security resources. Q: What was the President's decision-making time line that led to the announcement of the new Department? The President's new proposal represents the latest step in a long list of decisive actions he has taken to help protect our homeland. Last year, on May 8th, the President directed the Vice President to oversee the development of a coordinated national effort to protect America from catastrophic harm from weapons of mass destruction. Flash forward to the events of September 1 lth, and in the aftermath of the attack on our country, the President moved immediately to help protect the country by the creation -- through the creation of the Office of Homeland Security. On September 20th, the President appointed Governor Ridge as the Homeland Security Advisor and announced the creation of the office. Governor Ridge was sworn into this office on October 8, 2001. At the end of October, on October 24th and 25th, the President was in meetings with members of Congress where they were discussing the war on terrorism, our response. And members of Congress discussed with the President some of the issues that they had viewed as important about the structure of the Office of Homeland Security. At those meetings, the President and Governor Ridge indicated that there was an immediate need that could not wait for legislation to get America protected through an immediate creation in the White House of Office of Homeland Security. Members of Congress who had suggested legislation to make it a Cabinet-level post and a statutory post said at that time publicly that they would not proceed with their legislation, given the results of that meeting. At that meeting, Governor Ridge made clear -- and this is a quote -- that "he may recommend down the road a realignment." Members were assured that because of the immediate threat to the nation, what was most important was to focus on security through an immediate office that was empowered by the President to protect the country, and not to get into jurisdictional or legislative proposals that can take quite a bit of time to get enacted into law. Nevertheless, Congress understood then that this administration would take a look down the road. From December through March of 2002 -- and to March of 2002, Governor Ridge and Homeland Security conducted a review of options for consolidating and reorganizing border agencies. Throughout the same time, at the President's direction, Governor Ridge and Nick Calio consulted with members of Congress to discuss ideas for border reorganization. As a result of the process and the experience that the border reorganization effort led to, the President, in discussing the structure of protecting the country, with Andy Card and with Governor Ridge, gave impetus to today's announcement. On April 11th, if you recall, Director Mitch Daniels testified before Senator Lieberman's Government Affairs Committee and said, quote, "The President has said from the outset that the structure for organizing and overseeing homeland security may evolve over time as we learn more and as circumstances changed." He further noted that, "Should the review ultimately recommend to the President a different homeland security structure, there is a chance it may resemble Senator Lieberman's bill." On April 23rd, Andy Card and Governor Ridge convened a small White House working group that put into motion today's announcement in specifics. This working group began meeting on a daily basis to put the details out that I will discuss with you in a moment, and that will lead to the President's announcement tonight. Throughout April and leading into early May, they refined the proposal that the President will make to the Congress tonight, worked on the specifics of it. And the President was briefed on it throughout this period by Andy Card and by Governor Ridge. This was something that was discussed at length, throughout that time and results in tonight's announcement. Q: Will the White House Office of Homeland Security continue to exist? What will its relationship be to the new department? What will it do with this new Department shouldering the full burden of homeland security? The new Department will not mean the end of the need for interagency coordination on homeland security issues for the White House. Even after creation of the new Department, homeland security will still involve the efforts of other cabinet Departments. For example, the Department of Justice and FBI will remain the lead law enforcement agencies for preventing terrorist attacks. The Department of Transportation will continue to be responsible for controlling our airspace. The CIA will continue to collect and analyze foreign intelligence. The Department of Defense will continue to play crucial support roles in the case of a catastrophic terrorist incident. Homeland security, therefore, will continue to require interagency coordination. In addition, the President will still need a close adviser on homeland security related issues. Accordingly, the President's proposal envisions a continued role for the Office of Homeland Security. Q: Does the analysis and warning authority in the new Department demonstrate a lack of faith in the abilities of the FBI? No. The President has tremendous confidence in his FBI Director and the critically important reforms that the Director has announced. But the FBI is just one piece of a very large intelligence data puzzle. Intelligence information doesn't just come from the CIA and the FBI. The Department would fuse and analyze intelligence information from many different sources pertaining to threats to the homeland — including CIA, NSA, INS, FBI, DEA, DOE, Customs, DOT and data gleaned from other organizations and public sources. The Department will merge under one roof the capability to identify and assess current and future threats to the homeland, map those threats against our current vulnerabilities, issue timely warnings, and immediately take appropriate preventive and protective action. Q: Does this new proposal "grow" government. Doesn't the proposal create vet another big government entity and actually increase bureaucracy? The Department of Homeland Security must be an agile, fast-paced, and responsive organization that takes advantage of 215`-Century technology to meet a 21St-Century threat. The President's top priority is securing the homeland. The President believes this can best be accomplished by putting more security agents on the front lines fighting terrorism while eliminating as many redundant and duplicative functions as possible. There would be costs associated with the new Department. But there would also be significant savings. Redundant and duplicative functions would be eliminated, overhead costs would be reduced, more efficient computer systems would save money, procurement processes would be reformed to get the best deal for the taxpayers on non-threat-related infrastructure, and a long list of other management reforms would reduce bureaucratic costs and put more resources on the front lines where they are needed most. The creation of a Department of Homeland Security would not "grow" government. The new Department would be funded within the total monies requested by the President in his FY 2003 budget already before Congress for the existing components. The cost of the new elements (such as the threat analysis unit and the state, local, and private sector coordination functions), as well as department-wide management and administration units, can be funded from savings achieved through elimination redundancies inherent in the current structure. Going forward. increased resources may be required to meet emerging challenges, but by minimizing duplication of effort and lack of coordination we could ensure that any growth is limited to what is absolutely required and certainly less than would be the case under the current structure. By combining and integrating functions that are currently fragmented, the Department of Homeland Security would: • Enhance operational efficiencies in field units with overlapping missions. For example, the deployment of a cross-trained work force would provide more cost efficient inspection activities at the ports of entry than exist today with three separate units. Integration would allow for a more productive workforce at the agent level and elimination of parallel overhead structures in the field, as well as at headquarters. • Reduce redundant information technology spending. Development of a single enterprise architecture for the department would result in elimination of the sub- optimized, duplicative, and poorly coordinated systems that are prevalent in government today. There will be a rational prioritization of projects necessary to fund homeland security missions based on an overall assessment of requirements rather than a tendency to fund all good ideas beneficial to a separate unit's individual needs even if similar systems are already in place elsewhere. • Effective management of research and development spending would be facilitated by central control of research and development funding based, again, on overall homeland security priorities. • Better asset utilization could be gained through consolidation and joint, comprehensive capital planning, procurement, and maintenance. This would pertain to boats, vehicles, and planes, as well as property management. • Consolidated, streamlined grant making would promote targeted, effective programs at the state and local level, stretching the federal dollar further than in the environment of multiple funding sources with sometimes overlapping missions. In order to respond to rapidly changing conditions, the Secretary would need to have great latitude in re-deploying resources, both human and financial. The Secretary should have broad reorganizational authority in order to enhance operational effectiveness, as needed. Moreover, the President will request for the Department significant flexibility in hiring processes, compensation systems and practices, and performance management to recruit, retain, and develop a motivated, high-performance and accountable workforce. When a job needs to be done the Department should be able to fill it promptly, at a fair compensation level, and with the right person. Likewise, employees should receive recognition for their achievements, but in cases where performance falls short, should be held accountable. Finally, the new Department should have flexible procurement policies to encourage innovation and rapid development and operation of critical technologies vital to securing the homeland. Q: Would this structure haveprevented the tragic events of September 11, 2001? The President believes that new and changing threats require us to restructure our government to • help do all we can to prevent future tragedies like September 11. Responsibilities for homeland security are currently shared among more than 100 government organizations. The President wants a single lead Department with a clear and concise mission to protect America. The President wants a single lead agency whose job it is to counter all the threats America faces today and to work overtime predicting and preventing future threats to our nation. 0: The President argues that this structure would help protect America today. But will this structure be flexible enough to adapt to new and changing threats in the decades to come? The current labyrinth of more than 100 different government agencies prevents our homeland security infrastructure from maximizing the flexibility to adapt quickly to new and changing threats. The new Department would enjoy maximum flexibility for many reasons. For example, the Secretary of Homeland Security would be able to redirect key resources — such as money and personnel — quickly to respond to the latest intelligence and other threat assessments. Currently, having these functions spread among more than 100 government entities increases the time needed to make resource decisions. The new Department would contain a cutting-edge research division that would help prepare for new threats before they emerge. A key component of the Department's mission would be to envision new threats and protect America against these threats before they become reality. Q: Explain how this new organization would have worked on the morning of September 11. 2001? The President — like all Americans — is extremely proud of the way federal, state, and local governments responded to the events of September 11. A new generation of heroes emerged on and after September 11, from our firefighters to our police officers, from citizens to America's mighty military. The President's most important job is to protect the American people. That's why he is proposing to create a single Department with a comprehensive toolbox to help protect our homeland. We have a good system now but the President wants to have a better system. The President wants one Cabinet member with authority over patrolling and policing our borders. One Cabinet member responsible for securing our airports and shipping ports. One Cabinet member to mobilize our emergency response efforts. And one Cabinet member to coordinate response efforts with America's state and local leaders. The new Department would contingency plans ready to respond if another disaster of this magnitude were to happen. The new Secretary will provide the President with much simplified lines of command for the different federal assets at his disposal. The President wants to do all he can to protect against another terrorist attack. That's why he wants a single organization charged with coordinating prevention activities. Should another terrorist attack occur despite all these efforts. the President would be able to turn to a single government organization to coordinate our response efforts. • Q. Why is the Transportation Security Administration (TSA) being incorporated into the new Department? The TSA — which is charged with protecting_ all modes of transportation security — should be housed in the same Department with the other key border patrol and security components. TSA will now be located in an organization that analyzes intelligence about the latest threats. Q. Would Customs and INS be combined into one organization? Who would be in charge of it? There will be substantial integration of many of these functions — particularly when it comes to headquarters bureaucracies and duplicative inspection activities at our ports of entry. The President wants to create the most efficient structure possible to help ensure that our ports of entry and other critical assets are protected and combining key components will help do so. 0: What would happen to Customs' trade functions — i.e., collection of import duties and enforcement of export control laws? Customs would continue to fulfill all of its existing functions. The new Department would collect import duties and remit these funds to the Department of Treasury. There would be no loss of revenue as a result of this reorganization. Q. Would the new Department be responsible for immigration? Does this signal a shift in the President's views on immigration? This proposal is consistent with the President's long-standing proposal to reorganize our immigration system to focus on enforcement and administrative functions separately. Under this proposal, the enforcement and administrative functions would be separated within the new Department to ensure that those on the enforcement side are free to focus on enforcement, while those on the services side are free to reform and improve the way we treat those who are seeking to immigrate legally to this country. The new Department would consolidate the legal authority to issue visas to foreign nationals and admit them into the country. The State Department, working through U.S. Embassies and consulates abroad, would continue to administer the visa application and issuance process. America is a compassionate nation and the President welcomes with open arms those who choose to come to our country legally. However, the President wants to do everything he can to stop illegal immigration, and he wants to do everything in his power to ensure that terrorists are not crossing our borders or hiding in our midst. Q. Why doesn't the new proposal include anything on the National Guard or the Department of Defense? The primary mission of the new Department will be to protect the American homeland. The Department of Defense is built to fight and win wars, and the National Guard is a component of DOD's war planning. Both the active and reserve components of the armed forces have important homeland security missions. The importance of military support to civil authorities as they respond to threats or acts of terrorism is recognized in Presidential Directives and legislation. The National Guard would continue its role as the primary provider of immediate military resources to support responses to natural and man-made disasters. 0: Will the new Department have a law enforcement function? The new Department would have law enforcement responsibilities as they pertain to securing and policing our borders, ports, airports, and territorial waters. The Secret Service would also maintain its law enforcement duties. However, the Attorney General will remain America's chief law enforcement officer and the FBI will remain America's lead law enforcement investigating agency. Q: Are there any other homeland security functions in other parts of the federal government that would not be included? Within the federal government, the new Department would be the focal point of the nation's homeland security effort. However, the Department of Defense would obviously retain its important role in securing our homeland. The Department of Transportation will continue to be responsible for highway and rail safety and air traffic control. Important health care research on disease and disease prevention would continue to be handled by the health care professionals at agencies such as NIH and CDC. The Department of Justice and the FBI will continue their investigative law enforcement activities and new focus on preempting terrorism. The CIA will continue to gather foreign intelligence. The new Department would not bring an end to the need for interagency coordination. However, the number of "players" who need to be coordinated would be vastly reduced, making that coordination substantially more effective. Homeland security is not just a federal responsibility. State and local governments are integral to the effort now and would remain so once the new Department is up and running. Q: What will be the budget of the new department and how many employees will it have? Based- on the President's FY03 request, the new Department would have an estimated initial budget of$37 billion and roughly 170,000 employees. It is important to note that this is not new money and these are not new employees. The monies requested for the new Department will be provided within the President's FY 03 budget request. The overhead for the new department will be found from the combinations of the existing components. There will be transition costs associated with the new Department. But there will also be transition savings — redundant and duplicative functions will be eliminated, overhead costs will be reduced, more efficient computer systems will save money, procurement processes will be reformed to get the best deal for the taxpayers on non-threat-related infrastructure, and a long list of other management reforms will reduce bureaucratic costs and put more resources on the front lines where they are needed most. Q: How would the total budget of the new Department compare to the sum of the other parts of the budgets for the other organizations that would be folded into the new department? The initial budgets for all the organizations would remain roughly the same as they are now. And all functions within the agency will have the critical resources they need to do the job. The more efficient homeland security structure would provide for substantial efficiency improvements, including reduced overhead costs for duplicative functions and a unified and more effective procurement procedures. Homeland security is about more than money — it's about having an organizational structure in place that is flexible. effective and efficient. 0: Why can't the Office of Homeland Security in the White House simply coordinate like the National Security Council? Why is it necessary to have an entire new Cabinet department? The efficiency of the NSC actually makes the case for the new Department. NSC works to coordinate with a significantly smaller universe of players, working most closely with DOD and State. The reason the NSC works well is because our government undertook a reorganization of our defense structures to make it more efficient and streamlined. In military matters there is a crystal clear line of authority from the President, to the Secretary of Defense, to the combatant CINC. The current White House Office of Homeland Security must coordinate with nearly every federal department and many independence agencies — vastly more government entities than the NSC coordinates. That's why the President wants to consolidate these functions into a new Department that will allow a more responsive and efficient homeland security structure. Q: Is this the pending national strategy we have been waiting for? All of the steps Governor Ridge and the Homeland Security Council have proposed and implemented over the last 9 months to enhance security are part of the National Strategy. Clearly, this will be one very important piece of that strategy, which the Office of Homeland Security continues to develop. Beginning immediately on September 11 the President took decisive steps to protect America and, using the maximum legal authority available to him, moved quickly to establish the White House Office of Homeland Security to ensure that our federal response and protection efforts were effective. The President also directed Homeland Security Advisor Tom Ridge to study the federal government as a whole to determine if the current structure allows us to meet the threats of today while anticipating the unknown threats of tomorrow. Careful study of the current structure— coupled with the experience gained since September 11 and new information we have learned about our enemies while fighting a war — has led the President to conclude that our nation needs a more unified homeland security structure. In designing the new Department, the Administration also reviewed the homeland security organizational proposals that have emerged from a number of outside studies, commissions, and Members of Congress. 0: Was the Cabinet included in the decision-making process? Since day one, Homeland Security Advisor Tom Ridge has consulted with the Cabinet on the full array of homeland security options available. The Cabinet has been fully involved in homeland security through the Homeland Security Council process. The President and other key Administration officials briefed the Cabinet prior to the announcement of the new Department. The Administration also analyzed several homeland security consolidation proposals that Members of Congress and outside experts have proposed. 0: Were outside management experts consulted during the decision-making process? The Administration relied on the great body of analytic work that has already been done on this subject by many blue ribbon commissions and other organizations, including the Hart-Rudman Commission, the Gilmore Commission, and academic organizations like the Brookings Institution. The Administration also analyzed the many homeland security organization proposals that have been introduced by Members of Congress. 0: Did Governor Ridge spearhead the group that made the recommendations to the President? Governor Ridge and the Office of Homeland Security were charged with studying how best to organize our government in the most effective way possible to meet the threats we face today and in the future. This proposal represents Governor Ridge's recommendation. Of course, Governor Ridge worked closely with Secretary Card, who, as Chief of Staff, is responsible for ensuring that decisions of this magnitude are fully presented to the President. Q: Why did it take so many months for this reorganization plan to be announced? The President took decisive action after September 11 to strengthen aviation and border security, stockpile more medicines to defend against bioterrorism, improve information sharing among our intelligence agencies, and deploy more resources and personnel to protect our critical infrastructure. This proposal is just the latest step in the President's comprehensive strategy to protect the homeland. Beginning immediately on September 11, the President took decisive steps to protect America and moved quickly to establish the White House Office of Homeland Security and the Homeland Security Council to ensure that our federal response and protection efforts were effective and prepared for a potential next wave of terrorist attacks. The President also directed Homeland Security Advisor Tom Ridge to study the federal government as a whole to determine if the current structure allows us to meet the threats of today while anticipating the unknown threats of tomorrow. Careful study of the current structure — coupled with the experience gained since September 11 and new information we have learned about our enemies while fighting a war — has led the President to conclude that our nation needs a more efficient and effective homeland security structure. In designing the new Department, the Administration also reviewed the homeland security organizational proposals that have emerged from a number of outside studies, commissions, and Members of Congress. 0: What was the criteria used to pick which parts of the government were to be folded into the new Department? The President sought to create the most effective and efficient homeland security structure possible. The President also reviewed the homeland security organizational proposals that have emerged from a number of outside studies, commissions, and Members of Congress. If inclusion of the current agency function in the new Department would help make America safer, then the President included that function. The President took great care in crafting the new Department to ensure minimal disruption of non-homeland security functions in the affected agencies. The President also took care to prepare for a careful, deliberate transition to ensure that no current homeland security functions would be disrupted 0: Where will the new organization be headquartered? No final decision has been made but serious consideration is being given to moving at least some key elements of the organization outside of Washington to help ensure continuity in the event of a terrorist attack on the Nation's capital. The President wants to consult closely with Congress on this issue. Q: When does the President expect action from Congress? Has the President given Congress a deadline to act? The President wants Congress to send him the legislation creating the new Department of Homeland Security before it adjourns this fall. The President has used his maximum legal authority in the short term to take every action he can to protect our homeland. The President is asking Congress to move quickly on this proposal so that America can quickly put in a place.a new security structure to meet our new and changing threats. Q: Will Governor Ridge testify before Congress? The Administration, including Governor Ridge, will continue to work with Congress. as it has done, to ensure that Congress is fully briefed on the Administration's homeland security actions. Q: Was Congress included in the decision-making process? The President believes that Republicans and Democrats should work in a bipartisan fashion to help give America a modern new homeland security structure. Homeland security is not a partisan issue. These are not times for partisan fights. These are times for bipartisan solutions. The President has met with members of Congress to discuss homeland security and gave serious consideration to the homeland security organization proposals that are currently before Congress, including a legislative proposal by Senator Joe Lieberman and Representatives Thornberry and Harman. Governor Ridge has consulted tirelessly with members of Congress on the full range of homeland security issues. The President knows that his proposal can't be successful unless Congress joins him in his bipartisan commitment to protect our country. Congress has a critical role in this process: sending it to his desk as soon as possible. 0: Should Congress reorganize its committee structure? Congress makes its own rules, but with 88 different committees and subcommittees claiming jurisdiction, reform is necessary. The President has taken a hard look at how the Executive Branch is organized for homeland security and made a bold proposal. He believes that it is essential for Congress to do the same. There is, in fact, historical precedent for changing committee jurisdiction in both the House and Senate. The Senate, for example, eliminated three standing committees in 1976. Q: How long would it take to create this new organization? Will there be a transition team? Will America be vulnerable during the transition period for this organization? Will there be a break in key homeland security activities such as border protection and law enforcement activities? The United States government will continue to take every step possible to secure the homeland from terrorist attack. The President's proposal will help ensure that there will be no security gaps while transitioning to the new Department. The President wants to work closely with Congress during the transition process to ensure that the new organization is as efficient as possible. The President would like the new Department to be officially established on January 1, 2003. This will require swift congressional action. Full integration of the individual components will take place over time. Q. How would the proposal affect the President's Critical Infrastructure Protection Board. and the cvbersecurity team the President created? The President's Critical Infrastructure Protection Board is part of the Executive Office of the President and is subordinate to the current Office of Homeland Security. The new Department would not eliminate the need for White House coordination and the Office of Homeland Security will continue to advise the President. Q: Would the information analysis. warnings and critical infrastructure section federalize critical infrastructure protection? Will federal employees guard nuclear power plants and dams? The President's proposal does not deploy federal guards anywhere they are not already deployed. The purpose of the new unit is to analyze, assess, and use every available means to protect America's critical infrastructure properly. The President wants to maximize how we use our existing resources, not create new bureaucracies. Q. What would be the relationship between the CBRN directorate and CDC and NIH? CDC and NIH would remain part of HHS and continue to be the premiere federal biomedical research institutions. The Department of Homeland Security would contract with CDC and NIH to ensure that research and development efforts related to bioterrorism are directed at the latest threats and are part of a coherent research plan coordinated with the other labs across the country. CDC and NIH's other critical medical research functions would be unaffected by the existence of the new Department. Q. If there is another anthrax attack. who would be in charge? In the Secretary of Homeland Security, the President will have a single Cabinet secretary to manage our response efforts should a biological attack happen. Q. Why is the Coast Guard being incorporated into the new Department? What would the Coast Guard's relationship be with the Department of Defense? The Coast Guard's fundamental roles — defense of territorial waters, border control, maritime law enforcement — align with the core mission of the new Department. For example, the Coast Guard is presently responsible for interdicting contraband at sea, securing our seaports, and preventing foreign threats from reaching our shores. As the sole maritime border control agency, it is also important to locate the Coast Guard in the same department with the agencies responsible for control of our air and land borders (Customs and INS/Border Patrol). The Coast Guard's charter is to protect the vital interests of the United States. The Coast Guard's mission of protecting the personal safety and security of our population; our natural and economic resources; and the territorial integrity of our nation from both internal and external threats, natural and man-made, will be strengthened by a transfer to the new Department. There would be no change in the Coast Guard's relationship with the Department of Defense. Current law allows the Coast Guard to be shifted to the Department of Defense in a time of war at the direction of the President. These legal provisions would remain. Q: Why is FEMA in the new Department. FEMA, under Director Allbaugh's leadership, responded to the events of September 11 in a heroic fashion. FEMA brought hope to many during the darkest hours after the terrorist attacks. Emergency response and recovery is a key building block of homeland security. The President's budget proposed major new funding for FEMA's homeland security mission and having FEMA as a component of the new Department is critical to the Department's success. FEMA must have access to the latest threat information so it can swiftly move its resources to help preemptively prepare and respond should another terrorist attack take place. Q: If aviation security is so important. why isn't FAA being folded into the new organization? The aviation security functions of the Transportation Security Administration are being incorporated into the new Department because common sense dictates that you would have our aviation security organization housed with those who can provide them daily threat and intelligence updates, as well as key immigration information to help stop terrorists before they get on airplanes. The FAA has many critical non-homeland security duties that it will continue to manage. For example, the FAA will still be responsible for air traffic control, and training. The FAA will continue to serve as the repository of government expertise on the mechanical safety of our planes. The FAA will continue to set the standards for aircraft maintenance. And the FAA will continue as the prime training and communications nexus for the Americans who enjoy flying private aircraft. Q: Would this new organization lead to layoffs in government agencies? The President's top priority is building the best possible organization for homeland security. We anticipate the initial workforce to remain roughly as it is. 0: What would be the transition costs for the new department? Won't these transition costs take away scarce resources from the front lines of protecting our homeland against terrorism at a time when we need them most? The President has crafted his proposal to help ensure that homeland security protection continues to be improved during the transition to the new Department. The President will work closely with Congress to help ensure our continued improvement. There would be transition costs associated with the new Department. But there would also be long-term transition savings — redundant and duplicative functions will be eliminated, overhead costs would be reduced, more efficient computer systems will save money, procurement processes would be reformed to get the best deal for the ecosts andedd infrastructure, and a long list of other management reforms would reduce bureaucratic put more resources on the front lines where they are needed most. Q: Would protection of U.S. embassies abroad be included in the new department? No. The State Bureau of Diplomatic Security and the Marine Corps would continue their embassy security duties. However, the new Department would certainly share relevant information with our overseas security forces to ensure they have the latest threat information available. 0: Will the State Department continue to issue and process visas? Yes. However, the President's proposal will unify the policy authority on who can receive visas in the new Department. Co: Why is the Secret Service being incorporated in the new Department? The very specialized protective expertise and mission of the Secret Service would complement and assist the core mission of the new Department of Homeland Security. The Secret Service's mission to protect our national leadership and help ensure continuity of government in the event of attack is an important part of homeland security. Also, the Secret Service's mission of protecting our nation's important symbolic public buildings, such as the White House, Treasury, and the Vice President's residence, are important homeland security duties. The Secret Service also would continue to bring its special expertise to bear on providing security for key events that are designated as national events —just like it did for the recent Super Bowl and Olympics. It makes sense that the Secret Service should be housed where the latest threat information and analysis is located. The Secret Service would remain intact, its primary mission would remain the protection of the President, and it would not become a component of any of the other units within the Department of Homeland Security. Q. Why would the Secret Service report directly to the Secretary? The President wants to ensure that the Secret Service remains intact, its primary mission remains unchanged, and that it does not become a component of any other unit within the Department. Q. Currently there is a Commandant of the Coast Guard. a Commissioner of the INS. a Director of FEMA. a Director of the Secret Service. etc. Would these agencies leaders keep their current titles? The Coast Guard and the Secret Service will retain their independent identities and agency titles. The other units would be integrated into the new organization, ensuring that there is one clear organization built on divisions with clear mission statements and lines of authority. Q: Would the new Department do anything the current system does not do? Yes. For the first time, there would be a single government agency whose mission is to protect the homeland. For the first time, a single government department would be able to take a comprehensive view of homeland security threat and vulnerability data from the many sources available to the government. For the first time, the federal government would speak with a unified voice on homeland security issues. 0: What would happen to the Department of Transportation? • DOT would continue to have authority over the important functions of maintaining a vibrant and safe transportation network, including the country's railroads, highways, transit and aviation systems. DOT will continue to play a critical role in controlling our air traffic control. Q: What historical precedent exists for a government reorganization of this magnitude? History teaches us that critical security challenges require clear lines of responsibility and the unified effort of the United States government. History also teaches us that new challenges require new organizational structures. For example, prior to 1945, America's armed forces were inefficiently structured with separate War and Navy Departments and disconnected intelligence units. There were no permanent mechanisms for cooperation. After World War II, the onset of the Cold War required consolidation and reorganization of America's national security apparatus to accomplish the new missions at hand. America needed a national security establishment designed to prevent another attack like Pearl Harbor, to mobilize national resources for an enduring conflict, and to do so in a way that protected America's values and ideals. In December 1945, only months after America's decisive victory in World War II, President Harry Truman asked Congress to combine the War and Navy Departments into a single Department of Defense. President Truman declared, "it is now time to take stock to discard obsolete organizational forms and to provide for the future the soundest, most effective and most economical kind of structure for our armed forces of which this most powerful Nation is capable. I urge this as the best means of keeping the peace." President Truman's goals were achieved with the passage of the National Security Act of 1947 and subsequent amendments in 1949 and 1958. The legislation consolidated the separate military Departments into the Department of Defense with a civilian secretary solely in charge, established a Central Intelligence Agency to coordinate all foreign intelligence collection and analysis, and created the National Security Council in the White House to coordinate all foreign and defense policy efforts. This reorganization of America's national security establishment was crucial to overcoming the enormous threat we faced in the Cold War and holds important lessons for our approach to the terrorist threat we face today. 0: Isn't this a reversal of the President and White House's opposition to proposals to create a new Department of Homeland Security? No. The Administration has never said that it was opposed to the creation of a Department of Homeland Security. As far back as October 24 and October 25, the President indicated to members of Congress involved in homeland security issues that the creation of the White House Office of Homeland Security was not the last word. He indicated to the Senators and Congressmen that creation of the office was what was immediately necessary, that we would assess how it worked, and that we would work with members of Congress. Moreover, OMB Director Daniels testified before Congress in early April that all options were on the table, including a new Department. The creation of the new department is one more key step in the President's national strategy for homeland security. Immediately after last fall's attack the President, using the maximum legal authority available to him, took decisive steps to protect America— from hardening cockpits, to stockpiling vaccines to tightening our borders. The President moved quickly to establish the White House Office of Homeland Security to ensure that our federal response and protection efforts were effective. And the President directed Homeland Security Advisor Tom Ridge to study the federal government as a whole to determine if the current structure allows us to meet the threats of today while anticipating the unknown threats of tomorrow. Careful study of the current structure — coupled with the experience gained since September 11 and new information we have learned about our enemies while fighting a war— has led the President to conclude that our nation needs a more robust and unified homeland security structure. In designing the new Department, homeland security organizational proposals that have emerged from a number of outside studies, commissions, and Members of Congress were reviewed. Q: How likely is it that Congress will actually act on this proposal given their already packed legislative calendar? The President expects Congress to act before they adjourn for the year, because while our short term needs are being met, new and changing threats require that our government be reorganized. 0: What took so long to make this recommendation? After all, Members of Congress had proposals on the table last fall. Careful study of the current structure — coupled with the experience gained since September 11 and new information we have learned about our enemies while fighting a war — has led the President to conclude that our nation needs a more robust and unified homeland security structure. In designing the new Department, homeland security organizational proposals that have emerged from a number of outside studies, commissions, and Members of Congress were reviewed. The creation of the new department is one more key step in the President's comprehensive national strategy for homeland security. Immediately after last fall's attack the President, using the maximum legal authority available to him, took decisive steps to protect America — from hardening cockpits, to stockpiling vaccines to tightening our borders. The President moved quickly to establish the White House Office of Homeland Security to ensure that our federal response and protection efforts were effective. And the President directed Homeland Security Advisor Tom Ridge to study the federal government as a whole to determine if the current structure allows us to meet the threats of today while anticipating the unknown threats of tomorrow. 0: Why all the secrecy surrounding this announcement? Wouldn't it have been better to appoint an outside group of experts to publicly craft a proposal? Nobody has talked to more experts on homeland security since September 11 than Tom Ridge. There have been numerous proposals on homeland security by outside commissions, academics, and members of Congress, all of which were discussed and reviewed before the announcement of this proposal. 0: Will the President sign legislation creating a new Department if significant changes are made to his proposal? What is the President's threshold before he would veto the legislation? The President's first priority is to create the most effective homeland security possible. The President looks forward to working with members of Congress from both parties to achieve this goal. -end- Department of Homeland Security Major Components The Department of Homeland Security would be funded within the total monies requested by the President in • his FY 2003 budget already before Congress. There would be future savings achieved through the elimination of redundancies inherent in the current structure. $(Millions) FTE (1) Chemical, Biological, Radiological, and Nuclear Countermeasures 1 993 150 Civilian Biodefense Research Programs (HHS) 1 193 324 Lawrence Livermore National Laboratory(DOE) 420 -- National BW Defense Analysis Center(New) 25 124 Plum Island Animal Disease Center(USDA) 3,626 598 Information Analysis and Infrastructure Protection 65 Critical Infrastructure Assurance Office (Commerce) 2 27 765 Federal Computer Incident Response Center(GSA) 11 National Communications System (DoD) 155 91 National Infrastructure Protection Center(FBI) 151 795 National Infrastructure Simulation and Analysis Center(DOE) 20 2 364 976 Border and Transportation Security 6,416 39,459 Immigration and Naturalization Service (DOJ) Customs Service (Treasury) 3,796 21,743 Animal and Plant Health Inspection Service (USDA) 1,137 8,620 Coast Guard (DOT) 7,274 43,639 Federal Protective Services (GSA) 418 1,408 Transportation Security Agency(DOT)(2) 4,800 41,300 23,841 156,169 Emergency Preparedness and Response Federal Emergency Management Agency 6,174 5,135 Chemical, Biological, Radiological, and Nuclear Response Assets (HHS) 2,104 150 Domestic Emergency Support Team (3) Nuclear Incident Response(DOE) 91 Office of Domestic Preparedness (DOJ)(4) National Domestic Preparedness Office (FBI) 2 15 8,371 5,300 Secret Service (Treasury) 1,248 6,111 'otal, Department of Homeland Security 37,450 169,154 Note: Figures are from FY 2003 President's Budget Request (1) Estimated,final FTE figures to be determined (2) Before fee recapture of$2,346 million. (3) Interagency group currently mobilized by the Attorney General in response to major incidents. (4) Included in FEMA in FY 2003 President's Budget Request