Nomination of Admiral James M. Loy Hearing Committee On
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S. Hrg. 108–332 NOMINATION OF ADMIRAL JAMES M. LOY HEARING BEFORE THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION ON THE NOMINATION OF ADMIRAL JAMES M. LOY TO BE DEPUTY SECRETARY OF HOMELAND SECURITY NOVEMBER 18, 2003 Printed for the use of the Committee on Governmental Affairs ( U.S. GOVERNMENT PRINTING OFFICE 91–044 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:20 Apr 05, 2004 Jkt 091044 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCS\91044.TXT SAFFAIRS PsN: PHOGAN COMMITTEE ON GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois ROBERT F. BENNETT, Utah THOMAS R. CARPER, Deleware PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas MICHAEL D. BOPP, Staff Director and Chief Counsel JOHANNA L. HARDY, Senior Counsel TIM RADUCHA-GRACE, Professional Staff Member JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel HOLLY A. IDELSON, Minority Counsel JENNIFER E. HAMILTON, Minority Research Assistant AMY B. NEWHOUSE, Chief Clerk (II) VerDate 0ct 09 2002 10:20 Apr 05, 2004 Jkt 091044 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 C:\DOCS\91044.TXT SAFFAIRS PsN: PHOGAN C O N T E N T S Opening statements: Page Senator Collins ................................................................................................. 1 Senator Stevens ................................................................................................ 3 Senator Akaka .................................................................................................. 5 Senator Carper ................................................................................................. 6 Senator Lautenberg .......................................................................................... 7 Prepared statement: Senator Durbin ................................................................................................. 25 WITNESSES TUESDAY, NOVEMBER 18, 2003 Hon. Daniel K. Inouye, a U.S. Senator from the State of Hawaii ....................... 4 Admiral James M. Loy to be Deputy Secretary of Homeland Security .............. 9 ALPHABETICAL LIST OF WITNESSES Inouye, Hon. Daniel K.: Testimony .......................................................................................................... 4 Prepared statement .......................................................................................... 25 Loy, Admiral James M.: Testimony .......................................................................................................... 9 Prepared statement .......................................................................................... 27 Biographical and professional information requested of nominees .............. 30 Pre-hearing questionnaire and responses for the Record ............................. 39 Post-hearing questions and responses for the Record from: Senator Collins .............................................................................................. 162 Senator Lieberman ....................................................................................... 181 Senator Durbin .............................................................................................. 184 Senator Lautenberg ...................................................................................... 186 Senator Specter ............................................................................................. 193 APPENDIX Letter from Admiral Loy, dated Feb. 23, 2004, with a correction for a factual error contained in response to pre-hearing question No. 63 ............................ 194 (III) VerDate 0ct 09 2002 10:20 Apr 05, 2004 Jkt 091044 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 C:\DOCS\91044.TXT SAFFAIRS PsN: PHOGAN VerDate 0ct 09 2002 10:20 Apr 05, 2004 Jkt 091044 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 C:\DOCS\91044.TXT SAFFAIRS PsN: PHOGAN NOMINATION OF ADMIRAL JAMES M. LOY TUESDAY, NOVEMBER 18, 2003 U.S. SENATE, COMMITTEE ON GOVERNMENTAL AFFAIRS, Washington, DC. The Committee met, pursuant to notice, at 2:32 p.m., in room SD–342, Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Stevens, Akaka, Carper, and Lauten- berg. OPENING STATEMENT OF SENATOR COLLINS Chairman COLLINS. The Committee will come to order. Today the Committee on Governmental Affairs will consider the nomination of Admiral James Loy to be the Deputy Secretary of the Depart- ment of Homeland Security, the No. 2 post in this important De- partment. We are fast approaching the first anniversary of the Homeland Security Act which established the new Department. Integrating 22 Federal agencies was necessary to enhance the security of the United States and the safety of its people in this environment of global terrorism. But unifying 22 agencies and more than 170,000 employees is an extraordinary challenge. Secretary Ridge and his team are to be commended for their tireless efforts on what is a monumental undertaking. But there is a seat at the helm that is now empty and I can think of no finer person to fill it than the nominee who is before us today. Admiral Loy, you have spent 40 years on the front lines of homeland security. In 1998, during your Commerce Committee hearing to be the commandant of the Coast Guard, Senator Inouye remarked, ‘‘you are to be commended for the decades of superb service you have given to your country. You have gotten this nomi- nation the old-fashioned way—you have earned it.’’ You have cer- tainly earned this one, too. Helping to run this enormous new Department will take all of your skills, dedication, and savvy. The Department of Homeland Security has to address an endless number of threats and issues each and every day, yet it must be able to balance security con- cerns with the need to preserve our American way of life. My home State of Maine shares more than 600 miles of border with Canada making border security issues especially important to me. The people, communities, and businesses on both sides of the border depend upon each other for friendship, mutual aid, and eco- nomic success. Many families, including my own, have relatives on (1) VerDate 0ct 09 2002 10:20 Apr 05, 2004 Jkt 091044 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 C:\DOCS\91044.TXT SAFFAIRS PsN: PHOGAN 2 both sides of the border and the ease of crossing has allowed them in the past to maintain strong family ties. I understand and cer- tainly support the efforts that the United States is making to im- prove border security at home, but as the Department moves for- ward on policies that tighten border security it must also take into consideration the social and economic ramifications of any changes. Admiral Loy, should you be confirmed, as I believe you will be, the Committee will also support your efforts to improve the level of preparedness in every community. This Committee has held hearings and approved legislation to strengthen homeland security grant programs, to put cutting edge counterterrorism technologies in the hands of local law enforcement, and to strengthen American seaports against a terrorist attack. We must make certain that our communities receive a long-term, steady stream of funding to pre- vent a future terrorist attack and to respond should the worst occur. The Committee has already approved legislation that I intro- duced that provides a solid baseline of funding to each State but that allocates the majority of the funding, more than 60 percent, to States based on the individual circumstances of risk, threat, and vulnerability. We hope that you will work with the Committee to ensure that this legislation is enacted into law next year. I also appreciate your efforts to improve coordination within the Department and with other agencies. The Department’s efforts to set up a single website for many homeland security grant programs is a step in the right direction. In addition, however, we need to reduce paperwork, standardize equipment and training standards, and coordinate emergency preparedness plans. If confirmed, I hope that you will work with this Committee to forge a bipartisan con- sensus on all of these issues, and I trust that you will let us know promptly if you need more tools or resources to help our States, communities, and first responders. Finally, let me comment on your outstanding 38-year career in the Coast Guard. When the new Department of Homeland Security was first being debated Senator Stevens and I joined forces to en- sure that the Coast Guard’s vital traditional missions, such as search and rescue, were not compromised as the Coast Guard took on additional homeland security responsibilities. I am confident that given your long career in the Coast Guard you will ensure that both the letter and the spirit of the Stevens-Collins amend- ment are followed. Perfect timing; the Senator from Alaska has come in. In short, we are very pleased to have you here today and I look forward to hearing the introduction of you, the formal introduction by two of our most esteemed colleagues. I would