MAY 2003 / VOLUME 1, NUMBER 11 THE CIPREPORT HOMELAND SECURITY ISSUE Focus on the Department of Homeland Security On January 24, 2003, the mation program designed to build a DHS Organization Chart . . .2 Department of Homeland Security citizen preparedness movement by DHS Leadership ...... 3 became the 15th executive depart- giving Americans the basic tools Select Committee on HS . . .7 ment of the President's Cabinet. In they need to better prepare them- Legal Insights Column . . . . .8 the biggest reorganization of the selves and their families and Grants for HS Volunteers . . .9 Federal government since World encouraging them to "Be Ready;" Homeland Security Act . . . .10 War II, Secretary of Homeland and since its launch, Ready.gov has The IS Work Force, Part 3 . .12 Security Tom Ridge took over the become one of the most visited Funding for States & Cities .15 leadership of 22 previously dis- sites in America; State HS Contacts ...... 16 parate agencies, bring- Expedited distri- ing over 170,000 pro- bution of millions of fessionals into the dollars in grant umbrella of homeland monies to states CIP PROJECT STAFF security. The and cities with more Department's first pri- to come; ority is to protect the Initiated a com- John McCarthy, Executive nation against further prehensive reorga- Director terrorist attacks-a mis- nization of the bor- Emily Frye, Associate Director, sion it will undertake der agencies as well Law and Economics Programs by analyzing threats, as other administra- Kevin “Kip” Thomas, Associate guarding borders and tive measures to Director, Research Programs / airports, safeguarding critical infra- increase departmental services Research Associate Professor structure, and coordinating our and capabilities; national response to future emer- Completed transition of majority Rebecca Luria, CIP Project Administrator / Executive gencies. of component agencies into the Assistant Department in the largest federal In its first 100 days, the reorganization since World War II Dr. John Noftsinger, Executive Department has already made sig- and; Director, JMU Institute for nificant progress in a number of Conducted a series of listening Infrastructure and Information Assurance areas, including: sessions at strategic ports through- Orchestrated and launched out the U.S. and began develop- George Baker, Associate Operation Liberty Shield, the first ment of the vessel, facility and port Director, JMU Institute for comprehensive, national plan to security plans required by the Infrastructure and Information increase protections of America's Maritime Security Act of 2002. Assurance citizens and infrastructure; Ken Newbold, JMU Outreach Deployed new technologies and The purpose of this issue of The Coordinator / JMU CIP Project tools at land, air and sea borders; CIP Report is to introduce you to Liaison Stood up the Homeland Security some of the Homeland Security Contact: [email protected] Command Center, a national 24-7 leaders at the Department, the 703.993.4840 watch operation; White House, and Congress, and Launched the Ready campaign, to some of the initiatives underway a national multimedia public infor- in this field of securing our nation. THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Organization and Leadership of the Department of Homeland Security

Executive Secretary Citizenship & Immigration Commandant of Coast Service Ombudsman Guard- Thomas Collins

Legislative Affairs Director, Bureau of Inspector General Citizenship & Immigration Clark Kent Ervin (Acting) Services-Eduardo Aguirre, Jr. Public Affairs Asst. Sec. (Acting) General Counsel Susan K. Neely Joe D. Whitley Privacy State and Local Civil Rights & Civil Liberties Coordination Daniel W. Sutherland

Special Asst. to the Director of the Secret Secretary for Private Service- W. Ralph Basham Sector- Al Martinez-Fonts Secretary Tom Ridge International Affairs National Capital Region Coordination-Michael Byrne Deputy Secretary Gordon England Shared Services Counter Narcotics

Small and Chief of Staff Disadvantaged Business

D I R E C T O R A T E S

Under Secretary Under Secretary Under Secretary Information Analysis and Management Science and Technology Infrastructure Protection Janet Hale Charles McQueary Frank Libutti

Under Secretary Under Secretary Border and Transportation Emergency Preparedness Security and Response Asa Hutchison Michael Brown

—2— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11

Secretary: Tom Ridge land defense was to develop and Ridge was raised in a working On January 24, 2003, Tom coordinate a comprehensive class family in veterans' public Ridge became the first housing in Erie. He earned a Secretary of the Department scholarship to Harvard, graduating of Homeland Security. Ridge with honors in 1967. After his first will work with more than year at The Dickinson School of 180,000 employees from Law, he was drafted into the U.S. combined agencies to Army, where he served as an strengthen our borders, pro- infantry staff sergeant in , vide for intelligence analysis earning the Bronze Star for Valor. and infrastructure protection, After returning to Pennsylvania, improve the use of science he earned his law degree and and technology to counter Tom Ridge was in private practice before weapons of mass destruction, becoming assistant district attor- and to create a comprehen- national strategy to strengthen the ney in Erie County. He was elected DHS Who’ssive Who response and recovery against terrorist to Congress in 1982. He was the division. threats or attacks. In the words of first enlisted Vietnam combat veter- President George W. Bush, he had an elected to the U.S. House, and Tom Ridge was sworn in as the the strength, experience, personal was overwhelmingly re-elected six first Director of the Office of commitment and authority to times. Governor Ridge and his Homeland Security in October accomplish this critical mission. wife, Michele, the former executive 2001, following the tragic events director of the Erie County Library of September 11. The charge to Born Aug. 26, 1945, in system, have two children, Lesley the nation's new director of home- Pittsburgh's Steel Valley, Gov. and Tommy.

Deputy Secretary: annual budget in excess of Systems company and as the Gordon England $110B and over 800,000 person- principal of a mergers and acqui- nel. sition consulting company. Gordon England Mr. England served as executive A native of Baltimore, Mr. England was confirmed as vice president of General graduated from the University of the first Deputy Dynamics Corporation from 1997 Maryland in 1961 with a bache- Secretary in the until 2001 and was responsible lor's degree in electrical engineer- U.S. Department of for two sectors of the cor- ing. In 1975 he earned a mas- Homeland Security poration: Information Systems ter's degree in business adminis- on January 30, 2003. and International. Previously, he tration from the M.J. Neeley Previously, Secretary England served as executive vice presi- School of Business at Texas served as the 72nd Secretary of dent of the Combat Systems Christian University and is a mem- the Navy from May 24, 2001 until Group, president of General ber of various honorary societies: confirmation as Deputy Secretary. Dynamics Fort Worth aircraft Beta Gamma Sigma (business), As Secretary of the Navy, Mr. company (later Lockheed), presi- Omicron Delta Kappa (leadership) England was responsible for an dent of General Dynamics Land and Eta Kappa Nu (engineering).

—3— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Under Secretary for Associate Administrator for Department of Management: Janet Hale Finance for the House of Housing and Urban Representatives and the Development, Vice Janet Hale was confirmed on Associate Director for Economics President with the March 6 as Under Secretary and Government at the Office of U.S. Telephone for Management. Management and Budget, Association, and Prior to her nomination and responsible for budget and policy Executive Vice confirmation as Under development, regulatory reform, President for the University of Secretary, Ms. Hale served as and financial management for the Pennsylvania. the Assistant Secretary for departments of Treasury, Budget, Technology and Transportation, Commerce, She graduated from Miami University Finance for the U.S. Justice, and 25 smaller agencies. in Oxford, Ohio, with a Bachelor of Department of Health and Ms. Hale has also served as the Science in Education and received a Human Services (HHS), and Assistant Secretary for Budget and Master in Public Administration from as chief financial officer and Programs at the Department of the Harvard University, John F. DHS Who’schief Who information officer. Transportation, Acting Assistant Kennedy School of Government. Prior to HHS, she was the Secretary of Housing at the

Under Secretary for Science and President, General Dynamics units for AT&T, Lucent Technology: Dr. Charles E. Advanced Technology systems, in Technologies, and as a Director McQueary Greensboro, N.C., a company that for AT&T Bell Laboratories. focuses on electro-optic under- Dr. Charles E. sea systems, networking and Dr. McQueary holds both a Ph.D. McQueary is Under decision support systems, active in Engineering Mechanics and an Secretary for control systems, signal processing M.S. in Mechanical Engineering Science and solutions and software solutions. from the University of Texas, Technology, Austin. The University of Texas Department of Prior to General Dynamics, Dr. has named McQueary a Homeland Security. Prior to that, McQueary served as President Distinguished Engineering Dr. McQueary served as and Vice President of business Graduate.

Under Secretary for Information Security. Mr. Libutti currently tions during his 35-year military Analysis and Infrastructure serves as the Police career, including the Defense Protection: Frank Libutti Department's Deputy Distinguished Service Medal, the Commissioner of Counter Distinguished Service Medal, the The President announced on Terrorism. He previously served Medal, the Defense March 20 his intention to nomi- as Special Assistant for Homeland Superior Service Medal, as well as nate Frank Libutti of New York, to Security at the Department of a . Mr. Libutti is a be Under Secretary for Defense. A retired Lieutenant graduate of The Citadel--The Information Analysis and General in the United States Military College of South Infrastructure Protection, Marine Corps, he was honored Carolina. Department of Homeland with numerous personal decora-

—4— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Assistant Secretary for Coca-Cola Company, responsible Intelligence Community on scien- Infrastructure Protection: for the development and guid- tific, technical and engineering Robert P. Liscouski ance of information security matters. strategies across the enterprise Mr. Liscouski is the Assistant and for conducting research on Mr. Liscouski's government expe- Secretary of Homeland new business technology vulnera- rience includes 11 years with the Security for Infrastructure bilities and risk mitigation strate- Diplomatic Security Service of the Protection, having assumed gies. US Department of State and 5 the post in March 2003. He years criminal investigative experi- is responsible for the Mr. Liscouski is a member of the ence as a homicide and narcotics Department's efforts to iden- Director of Central Intelligence investigator in Bergen County, NJ. tify our critical infrastructures Advanced Technology Panel, a and propose protective meas- panel comprised of industry rep- Mr. Liscouski received his BS ures to keep them safe from resentatives providing expert degree in Criminal Justice from terrorist attacks. advice, consultation and analysis John Jay College of Criminal DHS Who’s Who on scientific, technical and engi- Justice in New York, and his Prior to returning to government neering matters to the Director of Masters of Public Administration service, he was the Director of Central Intelligence (DCI) and to from the Kennedy School of Information Assurance for The the senior leadership of the Government, Harvard University.

Assistant Secretary for Warsaw Pact. He also served the Permanent Select Committee on Information Analysis: Paul J. Director, Central Intelligence Intelligence. Most recently, Mr. Redmond (DCI) as his Special Assistant for Redmond served as consultant to Counterintelligence and Security. the DCI as Director of the Paul J. Redmond is the Assistant Intelligence Community Damage Secretary for Information Analysis At the time of his retirement in Assessment for the Robert at the Department of Homeland 1997, Mr. Redmond was the Hanssen spy case. Security. Mr. Redmond worked Associate Deputy Director for 33 years in the CIA's Directorate Operations for Counter- Mr. Redmond graduated from of Operations serving abroad in intelligence. During retirement, Mr. Harvard College, is married to East Asia, Eastern Europe, and Redmond was a private security Katharine B. Redmond, and has Europe. At CIA Headquarters he consultant and also served as a two grown children. managed operations against the consultant to the House

Under Secretary for Border & as a national advocate for drugs. He served on the Transportation Security: Asa increased prevention and treat- Speaker's Task Force for a Drug- Hutchinson ment programs. To that end, he Free America, the House On January 23, for- developed the Integrated Drug Judiciary Committee and the mer DEA Enforcement Assistance (IDEA) Select Committee on Intelligence. Administrator Asa Program, which combines law Hutchinson was con- enforcement action with commu- Prior to his election to the U.S. firmed as Under nity efforts to keep neighbor- Congress in 1996, Asa Hutchinson Secretary for Border hoods safe and drug-free. practiced law in Arkansas for 21 and Transportation Security. years. During that time, he was Hutchinson was three times appointed by President Ronald As head of the DEA, Hutchinson elected to the House of Reagan as U.S. Attorney for focused enforcement efforts at Representatives and, while in Western Arkansas. Mr. Hutchinson top-level drug trafficking organi- Congress, demonstrated strong was, at age 31, the youngest U.S. zations, acting at the same time leadership in the fight against Attorney in the nation.

—5— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Under Secretary for effectiveness of emergency him to the Emergency Preparedness & responders, and direct the Transition Response: Michael Brown Strategic National Stockpile, the Planning Office National Disaster Medical System for the new Michael Brown was con- and the Nuclear Incident Department of firmed as the first Under Response Team. Homeland Secretary for Emergency Security, serving Preparedness and Response Previously, Mr. Brown served as as the transition (EP&R). Mr. Brown will coordi- FEMA's Deputy Director and the leader for the nate federal disaster relief agency's General Counsel. EP&R Division. Mr. Brown current- activities, including imple- Shortly after the September 11th ly chairs the National Citizen mentation of the Federal terrorist attacks, Mr. Brown served Corps Council, part of the Response Plan, which author- on the President's Consequence President's USA Freedom Corps izes the response and recov- Management Principal's volunteer initiative. ery operations of 26 federal Committee, which acted as the DHS Who’sagencies Who and departments as White House's policy coordination A native of Oklahoma, Mr. Brown well as the American Red Cross. group for the federal domestic holds a B.A. in Public He will also oversee the National response to the attacks. Later, the Administration/Political Science Flood Insurance Program and the President asked him to head the from Central State University, U.S. Fire Administration, and initi- Consequence Management Oklahoma. He received his J.D. ate proactive mitigation activities. Working Group to identify and from Oklahoma City University's Additionally, as Under Secretary, resolve key issues regarding the School of Law. He was an adjunct Mr. Brown will help the Secretary federal response plan. In August professor of law for the Oklahoma of Homeland Security ensure the 2002, President Bush appointed City University. Chief Information Officer: Mr. Cooper was appointed in to the Homeland Security Steven I. Cooper March 2002 as a Special Director and former CIO of the Assistant to the President for Treasury Department, he provid- Mr. Cooper was Homeland Security and served as ed the input for Information appointed by Senior Director for Information Sharing and Systems to the President Bush Integration in the White House National Strategy for Homeland to be the first Office of Homeland Security. In Security. CIO of the this role, Mr. Cooper launched Department of the development of the National Mr. Cooper holds a BA degree Homeland Enterprise Architecture for from Ohio Wesleyan University, Security in February, 2003. He Homeland Security to address and has held professional certifi- and his team have responsibility information integration within the cation as a Certified Computer for the information technology federal government and the shar- Professional (CCP) from the assets supporting 190,000 feder- ing of homeland security informa- Institute for the Certification of al employees of the 22 agencies tion with state, local, and rele- Computer Professionals (ICCP). now comprising the new depart- vant private sector entities. He He also served in the Naval Air ment. They will also continue fostered partnerships with state Reserve during the Vietnam con- efforts focused on integrating new and local government and the flict. He has been married for and existing sources of essential private sector to assist federal, thirty years, and his wife, homeland security information via state, and local initiatives Suzanne, and he have four proven and emerging technologies focused on the sharing of law daughters. and in full compliance with our enforcement, public health, and broader values of privacy, civil lib- emergency services information. erties, and openness. With James Flyzik, Senior Advisor

—6— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Representative Chris Cox Chairs Select Committee on Homeland Security On January 9, 2003, Speaker of sued oversight of U.S. policy the House J. Dennis Hastert (R- The newly-created Select toward Russia and North Korea. Il.) selected Rep. Christopher Cox Committee on Homeland Security (R-CA) to chair the Select is designed to coordinate the "Chairman Cox is a superbly quali- Committee efforts between Congress and fied leader in on the Federal agencies tasked with the Homeland protecting our homeland from ter- Congress," Security. rorist attack. The Committee has Speaker Represent- exclusive legislative jurisdiction Dennis ative Jim over all matters relating to the Hastert said. Turner (D-TX) Homeland Security Act and will "Overseeing is the be a crucial influence in shaping the House Ranking America's security future. implementa- Representative Member. tion of the Christopher Cox Chairman Cox brings extensive Homeland Representative "I am hon- expertise to bear as Chairman of Security Jim Turner ored to serve as the Chairman of this Select Committee. He has Department is one of the most the Select Committee on served as Vice Chairman of the important issues before the 108th Homeland Security," Rep. Cox Government Reform Committee, Congress. I can think of no one said. "In the wake of September Chairman of the Select Committee better equipped to tackle this 11th, our most important job is on U.S. National Security and challenge." protecting American citizens. I Military Commercial Concerns will work to make our government with the Peoples' Republic of Rep. Cox will remain Chairman of more effective in the fight against China, and Vice Chairman of the the House Policy Committee, a terrorism. I will ensure that it is Energy and Commerce Oversight position in the elected leadership done efficiently, and that and Investigations Subcommittee. of the House he has held since Congress and the Federal govern- For the past eight years, he has 1994, as well as a senior member ment work together toward this also chaired the House Policy of the Energy and Commerce common goal." Committee, where he also pur- Committee.

The Subcommittee on development related thereto; pro- Cybersecurity, Science, and tection of government and pri- Research & Development is vate networks and computer sys- chaired by Rep. Mac Thornberry tems from domestic and foreign (R-TX). Representative Zoe attack; prevention of injury to Lofgren (D-CA) is the Ranking civilian populations and physical Member. The Subcommittee is infrastructure caused by cyber charged with issues regarding attack; and relevant oversight. security of computer, telecommu- nications, information technology, industrial control, electric infra- structure, and data systems, Rep. Mac Thornberry including science, research and

—7— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 by Emily Frye Cyberspace and the Department of Homeland Security: Goals, Challenges, and What's to Come Figuring out what's coming Libutti's two deputies are Robert Defense Advanced Research down the pike involves no Liscouski and Paul Redmond. Projects Agency (DARPA, directed small amount of guesswork - Liscouski is in charge of the "IP" by Dr. Tony Tether), the National especially in a fast-changing component of IAIP. He comes Institute for Standards and arena like cybersecurity. But from the private sector, where he Technology (NIST, directed by

LEGAL INSIGHTS the Department of was most recently the Director of Arden L. Bement), the National Homeland Security has Information Assurance for Coca- Science Foundation (NSF, direct- started to assemble the team of Cola. Redmond had an extended ed by Dr. Rita Colwell), and the people who will be working on and diverse career in the Central National Security Agency (NSA). prioritizing and funding these Intelligence Agency. issues, so this is a good time to All of these people - McQueary, take a close look at where we The mix within the Department Libutti, Liscouski, Tether, Bement, are, and where we might be in a will also be flavored by the agen- and Colwell - are gifted, capable few months (or a few years). cies in its ambit that include leaders. But they are not cyber- cybersecurity research as part of security professionals. To summarize the descriptions their agendas. Rep. Sherwood that you may find in more com- Boehlert (R-NY) called a hearing Identifying Goals and Challenges plete form throughout this issue of the Science Committee of the To some extent, this experienced of The CIP Report, here's the lay U.S. House of Representatives on management team is not com- of the land so far: The Science May 14, 2003, to evaluate the posed of cybersecurity profession- and Technology Directorate with- status of cybersecurity work at als because leadership requires in the DHS is headed by Gen. the DHS. Boehlert and others in experience, and experience Charles McQueary (Ret.). He is Congress have expressed concern requires time. Achieving senior retired from the presidency of that cybersecurity expenditure status in any of these organiza- General Dynamics Advanced and research focus appears to be tions is almost antithetical to the Technology Systems, and has a shrinking rather than increasing, field of cybersecurity: this is a rel- strong knowledge as well of the despite growing budget figures for atively new field with rules that telecommunications industry, hav- research and development in change almost monthly and ing served as vice president and homeland security. experts that come and go rapidly. president of business units within The field has not settled down AT&T and Lucent. McQueary's testimony at that enough to allow for long-term sen- hearing indicated that the DHS iority. Within DHS, the Information has begun to confer with the Analysis and Infrastructure Infosec Research Council (IRC) - a One goal, then, is this: to identify Protection (IAIP) section is likely to loose affiliation of four other the personnel and proposals that be most closely involved in setting agencies - to help shape and have staying power, and then to cybersecurity policy. Frank Libutti inform its research agenda. The incorporate both into the research is the recently appointed Under backgrounds of the IRC agency agendas of the relevant agencies. Secretary for IAIP. He comes to the directors provide helpful context Not least, those of us interested DHS from New York City, where he in understanding the personali- in the future of cybersecurity directed counter-terrorism efforts. ties and politics involved in cyber- must identify which connections Prior to working in the counterter- security prioritization. and which concepts may be able rorism field, he had a long and dis- to bend the ear of leadership. tinguished career in the Marines. The IRC's main members are the (Continued, Page 14)

—8— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Grants Enable Volunteers to Engage in Homeland Security

Homeland Security Volunteers mation on the National VOAD, into areas of need. Harnessing Policy makers, state officials, and visit www.nvoad.org). A VOAD is the resources offered by volun- first responders are not the only a group of voluntary organiza- teers is absolutely critical, ones working on homeland secu- tions that collaborate to organize because a community's many rity. Thousands of normal citi- their responses to disaster in needs during a disaster cannot zens are getting involved through order to maximize efficiency and be fully provided by governmental volunteer work to do their part in effectiveness and minimize agencies and established disas- the war on terror. In July 2002 redundancy and confusion. In ter relief organizations. Emergent the Corporation for National and the hours and days after the volunteers can be the "first real Community Service awarded responders" for the first few criti- $10.3 million in competitive In the world of citizen action, cal hours and maybe even for grants, funded by Congress, to small things can add up to days along with professional res- 43 non-profit and public organi- big things. If you go block by cue teams and the military. zations across 26 states and the block, eventually you cover a District of Columbia. These Grants in Action groups will support more than city. If you go city by city, The state of Tennessee's 37,000 volunteers for local county by county, eventually Commission on National and efforts to develop disaster you cover a state. And if you Community Service received one response plans, expand go state by state, eventually of the grants and awarded a por- Neighborhood Watch and our whole country will be tion of that grant to Volunteer Community Emergency Response prepared. With our round of Memphis, an organization that Teams, establish Medical connects people with opportuni- Reserve Corps, train youth to homeland security grants, we ties to serve those in greatest cope with disasters, disseminate have the opportunity to need. The goal of Volunteer information on bioterrorism, and refine, speed up, and expand Memphis' grant is to create and assist ham radio operators and the important work we and implement a disaster response volunteer pilots in responding to you and many others have plan which recruits and places disasters. been doing. If we succeed, emergent volunteers in appropri- ate tasks or organizations, pro- The Corporation for National and we will be doing our part to vides information and assistance Community Service (CNCS), help win the war against ter- to area agencies in need of vol- which is part of USA Freedom ror. unteers and coordinates recovery Corps, engages more than two Leslie Lenkowsky, CEO, efforts with other voluntary disas- million Americans in national Corporation for National and ter relief agencies. service each year through Community Service AmeriCorps, Senior Corps, and Shannon Dixon serves as the Learn and Serve America. attacks of 9/11, thousands of Disaster Preparedness Homeland security is a new focus emergent volunteers, people who Coordinator responsible for carry- for the Corporation, but one that want to help but don't have prior ing out this goal. In collaboration builds on many years of work in disaster training or experience, with local disaster relief agen- public health and safety efforts. were eager to participate in any cies, Ms. Dixon worked to estab- way possible. However, many lish the Memphis Shelby County The CNCS encourages relief were turned away simply because VOAD in February of this year, agencies to organize into there were not established plans and has created a Disaster "VOADs"-Voluntary Organizations for coordinating large numbers of Response Plan for Volunteer Active in Disaster (for more infor- volunteers and channeling them (Continued, Page 10)

—9— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Grants (Cont. from Page 9) cil of the Citizen Corps, a FEMA- Memphis. Part of this plan coordinated program for disaster includes an agreement with the preparedness and response. local public television station to act as the Volunteer Reception At a fall conference for grantees, Center location during a major Leslie Lenkowsky, CEO of the disaster. Emergent volunteers Corporation for National and would be asked to report to this Community Service, spoke about center, where their skills would be the responsibilities of American quickly assessed and matched to citizenship: "While we cannot all the disaster relief agency in need participate in the fighting, we can of those skills. Ms. Dixon is also all support the cause-not to the working with the Mid-South same degree as our young men Shannon Dixon is the Chapter of the American Red and women in uniform, but with Disaster Preparedness Cross to educate and recruit vol- the same intent: to honor the Coordinator for Volunteer unteers prior to a disaster, and to ideals of freedom by becoming Memphis build a database of skills. In better citizens. This is why engag- addition, Ms. Dixon is collaborat- County Emergency Management ing volunteers in homeland secu- ing with the Memphis / Shelby Agency to establish a local coun- rity is so valuable."

THE HOMELAND SECURITY ACT OF 2002 by Robert Almosd, Second-Year Student, George Mason University School of Law

In the immediate aftermath of Titles of the in five months. The President the 9/11 terrorist attacks, Homeland Security Act of 2002 signed the bill into law on President George W. Bush signed I Department of Homeland Security November 25, 2002. II Information Analysis and Infrastructure the Homeland Security Act of Protection 2002, consolidating 22 Federal III Science and Technology In Support Of The primary purpose of the agencies into one Department. Homeland Security Homeland Security Act is the The new Department of IV Directorate of Border and establishment of the Department Homeland Security is intended to Transportation Security of Homeland Security. The V Emergency Preparedness and protect the homeland from acts Response Department is headed by the of terrorism. The organic act cre- VII Management Secretary of Homeland Security ating the new department was VIII Coordination with Non-Federal who is appointed by the the Homeland Security Act of Entities; Inspector General; United States President. The Act sets up five 2002 (H.R. 5005). Congressman Secret Service; Coast Guard; General DHS Directorates and establishes Richard K. Armey introduced the Provisions other critical agencies, or trans- IX National Homeland Security Council bill on June 24, 2002 on behalf X Information Security fers entire existing agencies or of 118 other Representatives XI Department Of Justice Divisions agency functions into DHS. The cosponsoring the legislation. XII Airline War Risk Insurance Legislation Act also creates Under Because of the importance of the XIII Federal Workforce Improvement Secretaries to head the establishment of the new XIV Arming Pilots against Terrorism Directorates and other leadership Department, Congress worked XV Transition positions to oversee the agen- XVI Corrections to Existing Law Relating hard to pass the legislation quick- cies. The Act describes the To Airline Transportation Security ly. The Act, on fast track, was authorities and responsibilities of XVII Conforming and Technical adopted by both the House of these officers. Amendments Representatives and the Senate (Continued, Page 11)

—10— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 HSA (Cont. from Page 10) ensure the security of information Department of Justice transferred from one component Certain provisions of the Act Interaction with Nonfederal of the Agency to an internal or affect divisions of the Entities external organization, the Act Department of Justice. For exam- Recognizing that information establishes a procedure for shar- ple, the Act renders the Executive sharing is important not only hori- ing information. The procedure Office for Immigration Review zontally within the Federal gov- includes mechanisms to protect under the supervision of the ernment, but also vertically the privacy of personal informa- Attorney General. Also, the Act between the Federal government tion. To emphasize the importance establishes the Bureau of and State & local agencies, the of privacy protection, the Act estab- Alcohol, Tobacco, Firearms, and Act creates a process for DHS to lishes the Privacy Officer, which is Explosives within the Department interact with nonfederal entities. the first statutorily defined Federal of Justice. The Bureau is respon- The SAFETY Act, which is inte- privacy position in US history. (Continued, Page 15) grated into Title VIII of the Supporting Anti-tterrorism by Fostering Effective Technologies Homeland Security Act as Act of 2002 (SAFETY Act) Subtitle G, is a good example to demonstrate how the Homeland The purpose of the SAFETY Act is rorism technology provider must Security Act coordinates anti-ter- to encourage industry participa- maintain a liability insurance, (2) rorism related interaction tion in the fight against terrorism the provider must enter into recip- between the Federal government by limiting liability of private com- rocal waiver of claims with its con- and private entities. panies providing the Federal gov- tractors, subcontractors, suppliers, ernment and other entities with etc, and (3) the anti-terrorism anti-terrorism technology. technology have to be designated National Homeland Security as qualified anti-terrorism technol- Council Limitations on qualified anti-ter- ogy by the Secretary of Homeland An additional achievement of the rorism technology provider liabili- Security. To be eligible for the Homeland Security Act is the cre- ty include the following: Secretary's approved product list, ation of the National Homeland the technology must meet certain Security Council within the execu- Tort claims may not be filed in criteria, including: tive Office of the President. The State courts; lawsuits must be primary function of the Council is brought under Federal law in an Previous use by the Federal gov- to advise the President on home- appropriate Federal district court; ernment and proof of substantial land security matters. The Plaintiffs cannot claim prejudg- utility and effectiveness; Council consists of the President, ment interest or punitive dam- Availability for immediate deploy- the Vice President, and cabinet ages; ment by both public and private level officials such as the Plaintiffs seeking pain and suf- entities; Secretary of Homeland Security, fering damages must prove physi- Existence of extraordinarily large the Attorney General, and the cal harm; possibility or risk of third party law- Secretary of Defense. The If the court finds liability on the suits if the product is deployed; President may appoint other offi- part of the technology provider, Possibility that the technology cials to the Council. the damages awarded have to be will not be used because of risk of in proportion with the extent of lawsuits; Information Security fault and cannot be more than Risk to the public if the technolo- Information security is an impor- the liability insurance coverage gy is not used; tant aspect of the legislation. The required by the Act. Scientific studies proving the Department's success depends effectiveness of the product; on the quality and the proper dis- To be eligible for SAFETY Act pro- The product is able to prevent semination of the information. To tection, (1) the qualified anti-ter- and respond to terrorist acts.

—11— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 THE INFORMATION SECURITY WORK FORCE: The New Millennium by Allan Berg

(This is the final installment of a three part series)

The International Need for IS the U.S. National Science ble in doing different kinds of Workers Foundation indicate, however, work, and may be less innovative, Some employers of IT workers that the employment profile for compared to younger workers. are looking to workers from other computer and math scientists Some employers may have con- countries to meet their skill closely parallels that of the over- cerns that mid-career workers needs. Whether or not to allow all science and engineering work will cost the company more in larger numbers of skilled foreign force. It is important to recognize insurance premiums, due to age workers to enter a country in that the IS industry is young and and higher likelihood of having order to meet employers' fast growing compared to many covered family members. On the demands for more IT and IS other industries and, thus, has a other hand, many mid-career workers can be a contentious younger worker demographic pro- workers have kept up with the issue. Throughout the technologi- file which may contribute to the latest skills (or could easily cally emerging and industrialized perception that it is not a hos- obtain them), are innovative, and nations the IT and IS industry pitable environment for mid- are willing to work long hours for requires more skilled foreign career workers to change market pay rates. Many mid- workers to help meet skill short- careers. career workers have a breadth of ages. The inability to find workers experience that could benefit has limited growth, or in some The IS industry is populated by many young IT companies. Some cases, curtailed growth in the IT many younger workers. mid-career unemployed and and IS industry as well as other Approximately 75 percent are underemployed engineers may parts of the economy that need under the age of 45. Many man- find difficulty in obtaining employ- IS workers. This insatiable need agers in the IS industry are in ment because they expect higher helps drive international work their 20s and 30s, and may be wages or, while they may be high- force requirements to meet the uncomfortable hiring or manag- ly skilled and experienced, they needs of international markets. ing older and more experienced may not have the specific techni- The IS industry needs to be able workers. Many IT companies hav- cal skills that employers want. On to attract the best and brightest ing the need for experienced IS the other hand, it is likely that workers from around the world, workers have operating modes some mid-career engineers who and by definition the skilled IS that require long and intense have appropriate skills and are worker will gravitate to market work hours, and mid-career work- willing to work at market wages demands, worldwide. The alterna- ers, for example those with family are overlooked because of the tive is to move the work to other obligations, may be assumed to perception-not the reality-that countries capable of sustaining IT be unwilling to work these long older workers cannot do the job. growth and IS at the expense of hours (although they may in fact This group must be identified and other nations. be willing). Some employers may marketed for training, or retrain- hold the perception that mid- ing in information security. Mid-CCareer Technical Workers career workers expect higher pay In the midst of a tight IS labor for doing the same work that Temporary and Contract market worldwide, there are younger workers do. There is a Employees numerous anecdotes of middle- perception that mid-career work- In an uncertain IT business envi- age technical workers having dif- ers may not be current with the ronment, faced with rapid tech- ficulty finding IS jobs. Data from latest skills, may not be as flexi- (Continued, Page 13)

—12— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Work Force (Cont. from Page 12) them even more marketable in to replace those exiting these pro- nological change, many employ- this highly competitive market. fessions. The insatiable appetite ers seek flexible means of On the other hand, many IS and worldwide competition for the staffing their projects. Employers employees who accept such skilled IT and IS worker is and will use independent contractors or arrangements may prefer to have continue to outstrip the worlds' temporary workers employed by permanent employment. Today, supply. staffing companies as a mecha- the IT and IS industry has been nism to meet their need for IT expanding its use of various The Supply of Core IS Workers and IS workers in this dynamic types of temporary workers. What is the composition of the IS environment. In the case of con- work force? What are the primary tract workers, the workers are not The increasing use of temporary educational and training pipelines considered to be employees and workers has implications for the that bring people into the core IS are responsible, in many cases, training of IS workers. When a occupations? What is the demo- for paying their own payroll taxes company uses temporary or con- graphic profile of these occupa- and unemployment insurance. In tract workers, it is generally pur- tions? Who is likely to pursue the case of temporary workers, chasing skills for immediate use, these career fields in the future? the staffing companies are and has little or no motivation for Where are the untapped labor responsible for their employees' investing in training for that work- pools from which to draw IS work- wages and legally required pay- er. The incentive and responsibili- ers? What are the educational and roll deductions, and may provide ty for investing in training lies training pathways for people seek- some benefits as well. clearly with the individual worker, ing to become IS workers? How do and, to some extent with the we better prepare students moving Using either independent con- organization that manages this through various educational tractors or temporary workers temporary worker. pipelines to engage in IS education has advantages for the employer. and training for careers in industry Employers can get the specific and government? How do we skills they need for a temporary Rapid, Steady Long-tterm Growth improve existing pathways to better project without hiring people that There can be no disagreement prepare students for an IS career? might need to be laid off later. that the numbers of core IT and Where do we find the "right" people Employers can also check out IS workers in the industrialized to train and to educate? How do we people on a trial basis before nations have grown rapidly and identify and "entice" people who deciding whether or not to hire steadily during the past fifteen have some or all or the requisite them. And companies do not years. In the United States the skills to consider retooling of a have to pay (at least not directly) numbers of core IT and IS work- career in IS? How do we engage for expensive benefit packages. ers are projected to grow dramat- older members of the work force in ically between 1996 and 2006. bringing them into the IS work Contract or temporary work can The Office of Technology Policy's force? How do governments col- also be advantageous to some IS analysis of the Bureau of Labor laboratively engage in developing employees. Independent IS con- Statistics' growth projections for the new millennium IS worker with- tractors with skills in high this period shows that the num- out jeopardizing their national inter- demand can get paid at a higher ber of core IS and IT workers- ests? How can academic institu- rate than most employees, and computer scientists, computer tions and corporate training pro- some workers desire the greater engineers, systems analysts and grams work in a symbiotic fashion, flexibility and variety that can computer programmers-will grow both nationally and internationally, come from temporary or contract from 1.5 million in 1996 to 2.6 to leverage IS education and train- work. Temporary work may let IS million in 2006, an increase of ing for the IS work force? How do employees gain invaluable IS 1.1 million. In addition, another we prepare for tomorrow when we work experience that may make 244,000 workers will be needed can barely prepare for today?

—13— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 Insights (Cont. from Page 8) well. These initiatives are essen- the absence of a focal point. On While other agencies and experts tial to disseminating a higher May 27, 2003, The Washington certainly offer valuable connec- standard of security across the Post announced that the White tions and concepts, DARPA affected networks. House plans to create a new posi- explicitly addressed cybersecurity Dr. Tony Tether testified on May tion dedicated to cybersecurity at the May 14 hearing. Dr. Tony 14 that DARPA continues to be within the DHS, as "an effort to Tether addressed Rep. Boehlert's acutely aware of cybersecurity appease frustrated technology concern about dwindling invest- needs and includes them under executives over what they consider ment by noting that, increasingly, one of its eight strategic thrusts: a lack of White House attention to cybersecurity-related projects are "Robust, Self-Forming Networks." hackers, cyberterror and other cloaked in classified garb. Once A related thrust is "Cognitive Internet threats." classified, they are handled Computing," which can have an through a different budget impact on cybersecurity in the This is an important, although not process; they do not show up as long run if computers develop the unexpected, development. At identifiable line items in the ability to understand what is hap- press time for The CIP Report, no same way that unclassified proj- pening to them and to operate candidates had been named. The ects do. Dr. Tether's explanation around detected limitations. cybersecurity official is likely to makes it clear that we have a Moving these bodies of knowl- influence policy direction for the challenge to address here: as edge into the private sector rest of the Bush Administration, more and more projects move would help private network oper- and - because the DHS itself is so into the classified realm, how can ators incorporate a layer of reas- new - may well leave an imprint the research agencies that are surance that is desperately need- well into another Administration, diligently working on cybersecuri- ed. regardless of whether it is ty challenges assure Congress Republican or Democrat. and the public that progress is NIST, also, has been a natural being made? leader in cybersecurity research. The big questions looming over Its Computer Security Resource cybersecurity's next steps are: How DARPA, as well as the NSA, is Center has focused on, and made high a priority? What standards? focused on defense needs and significant strides in, several areas And who pays? These questions defense networks. Classifying of research seen as key by a dominate almost all CIP discus- projects is standard in much of broad consensus of knowledge- sions, but they are especially com- the defense world. This fact able experts; it has a well-regard- plex in the cyber arena. So far, gov- highlights another challenge for ed and productive computer secu- ernment has resisted imposing bur- Critical Infrastructure Protection: rity division. It will probably con- densome and expensive regulation protecting defense networks tinue in this capacity. Its Advisory on cyber operations. Defining a does not protect the 80-90 per- Board has brought both fresh style that enhances the effective- cent of CIP that resides in the pri- ideas and experienced views to ness of the private sector's own vate sector. NIST's leadership. Hopefully, DHS activities, while refraining from will come to a close relationship imposing a heavy-handed and inef- What can happen - and is most with the valuable distillation ficient regulatory regime, is a deli- useful - is that technologies process that NIST has put in place. cate task. A list of ingredients does developed first for defense use not a recipe make, but it's a good may be de-classified and com- What's Next? start. Name this key ingredient - mercialized for broad deploy- As these players continue their and we'll be able to figure out ment. Firewalls, for instance, work, the plot has thickened: fol- what we're cooking. originated in the DARPA environ- lowing the departure of Richard ment. The NSA has placed a pro- Clarke and Howard Schmidt from 1In this context, it is only fair to note that the CIP nounced value on technology the White House, cybersecurity as Project benefits from NIST's funding foresight. transfer to the private sector, as a named interest has suffered from

—14— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 HSA (Cont. from Page 11) Air Transportation Security law relating to airline transporta- Three provisions of the Act focus tion security authorizing the sible not only for investigating on the improvement of air trans- Department of Transportation to alcohol, tobacco, firearms, and portation security. First, the retain security related information, explosives related violations, but Airline War Risk Insurance increasing civil penalties for securi- also for instances of violent Legislation amends Section ty violations, and allowing not only crimes and domestic terrorism. 44302 of title 49 of the US Code US citizens but also US nationals extending the termination of cer- to become security screeners. Federal Workforce Improvement tain insurance policies issued by The Homeland Security Act cre- the Department of Transportation Other Provisions ates agency Chief Human Capital to air carriers. Second, the Other provisions of the Act pro- Officers and the Chief Human Arming Pilots Against Terrorism vide for technical amendments of Capital Officers Council to Act requires that the existing law relating to, for exam- improve the quality of the Federal Undersecretary for Transportation ple, the US Secret Service, the workforce. These entities are Security establish a program to US Coast Guard, development of charged with the improvement of train volunteering pilots to smallpox vaccine stockpile, trans- agency human resources activi- become armed Federal flight ferring of certain law enforce- ties and development of a work- deck officers to protect passen- ment functions, transportation force improvement strategy gers and crew in cases of terror- security regulations, biological based on the assessment of the ist incidents. Finally, the Act pro- weapons defense, and railroad future needs of agencies. vides for corrections to existing and hazmat safety.

Department of Homeland Security Funding for States and Cities

Since Congress passed the FY March 10, 2003 - $750 million Supplemental Budget to help state '03 Budget in February and the was made available for firefighter and local law enforcement person- FY '03 Supplemental Budget in assistance grants from the FY '03 nel pay for equipment, planning, April, the Department of Budget to help rural, urban and training and exercises and to offset Homeland Security's Office for suburban fire departments better costs associated with enhanced Domestic Preparedness has train, prepare and equip them- security measures deployed during made a significant amount of selves. heightened threat periods. money available to states and April 8, 2003 - $100 million May 14, 2003 - $700 million cities to prevent, prepare and was made available to certain was made available from the FY respond to terrorism. Nearly $4 cities as part of the urban area '03 Supplemental Budget as part billion has been made available to security initiative from the FY '03 of the urban area security initiative state and local governments to Budget to help enhance the local for 30 cities and their contiguous help first responders and offset government's ability to secure large counties and mutual aid partners costs associated with extra security population areas and critical infra- to enhance the security of urban measures. structure. areas with high density populations April 16, 2003 - $165 million and critical infrastructure, ports Grants for States, Cities, Urban was made available from the FY and mass transit systems. Areas and First Responders '03 budget to help state and local March 7, 2003 - $566 million governments better prepare for all was made available to the states hazards preparedness activities and cities from the FY '03 budget and emergency management. to assist first responders in the April 30, 2003 - $1.5 billion was form of funding for equipment, made available to the states and training, planning and exercises. localities from the FY '03

—15— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 State Homeland Security Contacts Alabama James Walker Homeland Security Director 334-353-0242 Alaska BG Craig Campbell 907-428-6003 Arizona Chuck Blanchard Director of Homeland Security Arkansas Bud Harper Director, Emergency Management 501-730-9750 George Vinson Special Advisor on State Security 916-324-8908 Colorado Sue Mencer Executive Director, CO Dept of Public Safety 303-273-1770 Connecticut Vincent DeRosa Dep Commissioner, Division of Protective Services 203-805-6600 Delaware Phil Cabaud Homeland Security Director 302-744-4242 District of Columbia Margret Nedelkoff Kellems Deputy Mayor for Public Safety and Justice 202-727-4036 Tim Moore Commissioner, Florida Dept. of Law Enforcement 850-410-7233 Georgia Bill Hitchens Director of Homeland Security 404-624-7030 Hawaii BG Robert Lee Adjutant General 808-733-4246 Idaho MG Jack Kane Adjutant General 208-422-5242 Illinois Carl Hawkinson Homeland Security Advisor 217-524-1486 Indiana Clifford Ong Director, Counter-Terrorism and Security Council 317-232-8303 Iowa Ellen Gordon Administrator, Emergency Management 515-281-3231 Kansas MG Gregory Gardner Adjutant General 785-274-1121/1109 Kentucky BG D. Allen Youngman Adjutant General 502-607-1257 Louisiana MG Bennett C. Landreneau Adjutant General 225-925-7333 Maine MG Joseph Tinkham, II Adjutant General 207-626-4440 Maryland Thomas J. Lockwood Homeland Security Director 410-974-3901 Massachusetts Richard Swensen Office of Commonwealth Security 617-727-3600x556 Michigan COL Tadarial Sturdivant Director of State Police 517-336-6198 Minnesota Rich Stanek Cmsnr of Public Safety and Homeland Security Mississippi Robert Latham Executive Director, Emergency Mgmt Agency 601-960-9999 Missouri Col. Tim Daniel Special Adviser for Homeland Security 573-522-3007 Montana Jim Greene Administrator, Disaster and Emergency Services 406-841-3911 Nebraska Lieutenant Governor Dave 402-471-2256 Nevada Jerry Bussell Homeland Security Director 775-687-7320 New Hampshire Donald Bliss Director, Emergency Mgmt and State Fire Marshal 603-271-3294 Sidney Caspersen, Director N.J. Office of Counter-Terrorism 609-341-3434 New Mexico R.L. Stockard Homeland Security Director 505-827-3370 New York John Scanlon Director, Office of Public Security 212-867-7060 Bryan Beatty Secretary, Dept of Crime Control and Public Safety 919-733-2126 North Dakota Doug Friez Homeland Security Coord/Emergency Mgmt Dir 701-328-8100 Ohio Kenneth L. Morckel Director of Public Safety 614-466-4344 Oklahoma Bob A. Ricks Director, Oklahoma Office of Homeland Security 405-425-2001 Oregon Ronald C. Ruecker Superintendent of Oregon State Police 503-378-3725 Pennsylvania Keith Martin Director, Pennsylvania Office of Homeland Security 717-651-2715 Puerto Rico Annabelle Rodriguez Attorney General 787-721-7700 Rhode Island MG Reginald Centracchio Adjutant General 401-275-4102 South Carolina Robert M. Stewart Chief, S.C. Law Enforcement Division (SLED) 803-737-9000 South Dakota Deb Bowman Chief of Homeland Security 1-866-homland Tennessee MG (Ret.) Jerry Humble 615-532-7825 Texas Jay Kimbrough Deputy Attorney General for Criminal Justice 512-936-1882 Utah Scott Behunin Div Dir, Comprehensive Emergency Mgmt 801-538-3400 Vermont Kerry Sleeper Commissioner, VT State Police 802-244-8775 Virginia John Hager Asst to the Gov for Commonwealth Preparedness 804-225-3826 Washington MG Timothy J. Lowenberg Adjutant General 253-512-8201 West Virginia Joe Martin Secretary, Dept. of Mil Affairs and Public Safety 304-558-2930

—16— THECIPREPORT MAY 2003 / VOLUME 1, NUMBER 11 State Homeland Security Contacts (cont.) Wisconsin Ed Gleason Administrator, Emergency Management 608-242-3210 Wyoming MG Ed Boenisch Adjutant General 307-772-5234 Guam Frank Blas Homeland Security Advisor 671-475-9600 / 9602 Northern Mariana Islands Jerry Crisostomo Special Advisor for Homeland Security 670-664-2280 Virgin Islands MG Cleave A. McBean Adjutant General 340-712-7711 American Samoa Leiataua Birdsall V. Ala'ilima Special Assistant to the Governor 011-684-633-4116

CIP PROJECT TO SPONSOR PUBLIC-PPRIVATE SECTOR DIALOGUE

The CIP Project is pleased to announce that we are furthering the national agenda of homeland security by leading a high-level discussion this June in Washington. Members of Congress and representatives from DHS and the private sector will participate in a CIP Project-sponsored discussion of priorities, cost, accountability and the roles of government and industry in homeland security. Panelists will include:

* The Honorable Robert Liscouski, Assistant Secretary for Infrastruture Protection, Department of Homeland Security

* The Honorable Christopher Cox (R-CA), Chairman, House Select Committee on Homeland Security

* The Honorable Jane Harman (D-CA), Ranking Member, House Permanent Select Committee on Intelligence

* The Honorable John Hager, Assistant to the Governor for Commonwealth Preparedness (Virginia)

* Mr. John Derrick, Jr., Chairman and Chief Executive Officer, Pepco Holdings, Inc.

* Ms. Catherine A. Allen, Chief Executive Officer, BITS, The Technology Group for The Financial Services Roundatable

* Moderator: Frank Sesno, University Professor of Public Policy and Communication; Senior Fellow, Critical Infrastructure Protection Project

Watch our website, http://techcenter.gmu.edu/programs/cipp.html, in late June for a transcript of this discussion.

The CIP Project is part of the National Center for Technology and Law at the George Mason University School of Law. It is a joint initiative between GMU and JMU that examines law, technology, and policy to find comprehensive solutions to the most pressing CIP issues for policy makers and critical infrastructure owners and operators. The CIP Project was launched in May 2002. The CIP Project encourages participation by representatives from all levels of government, academia, and private industry.

The CIP Report is published by LegalNet Works, Inc. on behalf of the CIP Project. Formed in 1996, LegalNet Works Incorporated focuses on the development of information security laws and regulations with an emphasis on liabili- ty, risk management, national security, regulatory compliance, and privacy. LegalNet consults both government and industry officials on legal and policy reform in these complex areas.

If you would like to be added to the distribution list for The CIP Report, please send an e-mail to [email protected]. —17—