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Department of Homeland Security Appropriations for 2009 Hearings

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Department of Homeland Security Appropriations for 2009 Hearings DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR 2009 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION SUBCOMMITTEE ON HOMELAND SECURITY DAVID E. PRICE, North Carolina Chairman JOSE´ E. SERRANO, New York HAROLD ROGERS, Kentucky CAROLYN C. KILPATRICK, Michigan JOHN R. CARTER, Texas CIRO RODRIGUEZ, Texas ROBERT B. ADERHOLT, Alabama NITA M. LOWEY, New York KAY GRANGER, Texas CHET EDWARDS, Texas JOHN E. PETERSON, Pennsylvania LUCILLE ROYBAL-ALLARD, California JOHN ABNEY CULBERSON, Texas SAM FARR, California CHAKA FATTAH, Pennsylvania NOTE: Under Committee Rules, Mr. Obey, as Chairman of the Full Committee, and Mr. Lewis, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. BEVERLY PHETO, STEPHANIE GUPTA, JEFF ASHFORD, SHALANDA YOUNG, JIM HOLM, and ADAM WILSON, Staff Assistants PART 3 DEPARTMENT OF HOMELAND SECURITY Page Addressing the Challenges of Protecting the Nation’s Physical and Cyber Infrastructure ..................................................................................... 1 Border Security Programs and Operations—Challenges and Priorities .......................................................................................................... 88 Cargo Container and Supply Chain Security ............................................ 372 Coast Guard 2009 Budget on Maritime Safety, Security, and Environmental Protection ........................................................................... 582 ( Printed for the use of the Committee on Appropriations U.S. GOVERNMENT PRINTING OFFICE 43–032 WASHINGTON : 2008 VerDate Aug 31 2005 20:52 Jul 09, 2008 Jkt 043032 PO 00000 Frm 00003 Fmt 7513 Sfmt 7513 E:\HR\OC\43032P1.XXX 43032P1 pwalker on PROD1PC71 with HEARING COMMITTEE ON APPROPRIATIONS DAVID R. OBEY, Wisconsin, Chairman JOHN P. MURTHA, Pennsylvania JERRY LEWIS, California NORMAN D. DICKS, Washington C. W. BILL YOUNG, Florida ALAN B. MOLLOHAN, West Virginia RALPH REGULA, Ohio MARCY KAPTUR, Ohio HAROLD ROGERS, Kentucky PETER J. VISCLOSKY, Indiana FRANK R. WOLF, Virginia NITA M. LOWEY, New York JAMES T. WALSH, New York JOSE´ E. SERRANO, New York DAVID L. HOBSON, Ohio ROSA L. DELAURO, Connecticut JOE KNOLLENBERG, Michigan JAMES P. MORAN, Virginia JACK KINGSTON, Georgia JOHN W. OLVER, Massachusetts RODNEY P. FRELINGHUYSEN, New Jersey ED PASTOR, Arizona TODD TIAHRT, Kansas DAVID E. PRICE, North Carolina ZACH WAMP, Tennessee CHET EDWARDS, Texas TOM LATHAM, Iowa ROBERT E. ‘‘BUD’’ CRAMER, JR., Alabama ROBERT B. ADERHOLT, Alabama PATRICK J. KENNEDY, Rhode Island JO ANN EMERSON, Missouri MAURICE D. HINCHEY, New York KAY GRANGER, Texas LUCILLE ROYBAL-ALLARD, California JOHN E. PETERSON, Pennsylvania SAM FARR, California VIRGIL H. GOODE, JR., Virginia JESSE L. JACKSON, JR., Illinois RAY LAHOOD, Illinois CAROLYN C. KILPATRICK, Michigan DAVE WELDON, Florida ALLEN BOYD, Florida MICHAEL K. SIMPSON, Idaho CHAKA FATTAH, Pennsylvania JOHN ABNEY CULBERSON, Texas STEVEN R. ROTHMAN, New Jersey MARK STEVEN KIRK, Illinois SANFORD D. BISHOP, JR., Georgia ANDER CRENSHAW, Florida MARION BERRY, Arkansas DENNIS R. REHBERG, Montana BARBARA LEE, California JOHN R. CARTER, Texas TOM UDALL, New Mexico RODNEY ALEXANDER, Louisiana ADAM SCHIFF, California KEN CALVERT, California MICHAEL HONDA, California JO BONNER, Alabama BETTY MCCOLLUM, Minnesota STEVE ISRAEL, New York TIM RYAN, Ohio C.A. ‘‘DUTCH’’ RUPPERSBERGER, Maryland BEN CHANDLER, Kentucky DEBBIE WASSERMAN SCHULTZ, Florida CIRO RODRIGUEZ, Texas ROB NABORS, Clerk and Staff Director (II) VerDate Aug 31 2005 20:52 Jul 09, 2008 Jkt 043032 PO 00000 Frm 00004 Fmt 7513 Sfmt 7513 E:\HR\OC\43032P1.XXX 43032P1 pwalker on PROD1PC71 with HEARING DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS FOR 2009 TUESDAY, APRIL 1, 2008. ADDRESSING THE CHALLENGES OF PROTECTING THE NATION’S PHYSICAL AND CYBER INFRASTRUCTURE WITNESSES ROBERT JAMISON, UNDER SECRETARY FOR THE NATIONAL PROTEC- TION AND PROGRAMS DIRECTORATE ROBERT STEPHAN, ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION GREGORY GARCIA, ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS Mr. PRICE. The subcommittee will come to order. We want to welcome to this afternoon’s hearing three witnesses, Robert Jamison, the Under Secretary for the National Protection and Pro- grams Directorate at the Department of Homeland Security, Robert Stephan, the Assistant Secretary for Infrastructure Protection, and Gregory Garcia, the Assistant Secretary for Cybersecurity and Communications. Gentlemen, we welcome all of you and we appre- ciate your being here. OPENING STATEMENT OF CHAIRMAN PRICE Today, we are going to be discussing the Department’s approach to protecting our nation’s critical infrastructure, physical assets, such as ports, chemical plants, and nuclear facilities, as well as the servers and computer networks that make up the cyber infrastruc- ture upon which our society increasingly relies. Given the vast di- versity of our nation’s key assets, more than 80 percent of which are privately owned, the National Protection and Programs Direc- torate, or NPPD, uses a broad range of programs, relationships, and authorities to protect against attacks on our nation’s infra- structure and to reduce the impact of any catastrophes that may occur. While the NPPD’s budget also includes the US–VISIT pro- gram, we have already had a US–VISIT hearing a couple of weeks ago, so in this hearing today, we are going to focus on the infra- structure protection and cybersecurity and emergency communica- tions responsibilities that round out NPPD’s portfolio. Excluding funding for the US–VISIT program, which is part of NPPD but has no direct impact on the security of the nation’s in- frastructure, the 2009 budget for the agency is $895.8 million. That is an increase of $193.7 million over the 2008 enacted level. Since this increase includes a $34.5 million transfer of the LORAN radio navigation system from the Coast Guard budget to NPPD, the net (1) VerDate Aug 31 2005 01:36 Jul 10, 2008 Jkt 043032 PO 00000 Frm 00001 Fmt 6633 Sfmt 6633 E:\HR\OC\A032P2.000 A032P2 smartinez on PROD1PC70 with HEARING 2 budgetary growth at NPPD is roughly $160 million over 2008, still a sizable increase, something like 23 percent. Nearly all of this pro- posed increase goes to two programs in the Cybersecurity and Com- munications Division. The budget proposes that the National Secu- rity and Emergency Preparedness Telecommunications program grow by more than $100 million or 74 percent over the 2008 en- acted level. The funding for the administration’s Cybersecurity ini- tiative increases by more than $83 million in the 2009 budget or 39 percent over the 2008 enacted level, to nearly $300 million for the year. This is on top of a 2008 appropriation that was already 128 percent more than had been provided in 2007, meaning that cybersecurity funds in 2009 will be more than triple the level just two years before. These increases for cybersecurity and communications are all the more notable, because the budget proposes that overall spending at the department grow less than one percent in 2009. We need a thorough understanding of why these programs, in particular, merit the large increases that have been proposed and we look for- ward to discussing that with you today. The budget for infrastructure protection does not fare nearly as well as cybersecurity and communications, increasing by only $204,000 or less than one-tenth of one percent, to a total funding level of $272.8 million. We want to ask today is such austerity mer- ited for infrastructure protection. This division has important re- sponsibilities for securing the nation’s chemical facilities, managing relationships with participants in the national infrastructure pro- tection plan, and modeling the consequences of disasters, both nat- ural and manmade, so that emergency managers can better develop response plans and policies. As part of the 2008 Appropriations Act, infrastructure protection also received significant new author- ity to regulate the chemical ammonium nitrate. I would like to know whether this budget is adequate for managing the current in- frastructure protection workload while also implementing these new regulatory responsibilities. We are also interested in work being done at NPPD’s consoli- dated risk management analysis office, which has responsibility for coordinating DHS-wide risk policy and developing a consistent risk analysis framework for the entire department. We have heard from many outside witnesses about the importance of risk analysis, both to inform resource allocation and to measure programmatic results. We are eager to hear about the progress this office is making and the plans for it in 2009. Under Secretary Jamison, I would also like to discuss your goals for NPPD over the coming year. As we all know, NPPD is the lat- est product of several programmatic reorganizations carried out since the creation of DHS. Whoever takes charge in 2009 needs to be able to rely on NPPD to help protect the country’s vast infra- structure and we need to make sure that on January 29, 2009, the next president will have a highly functional organization, helping protect our country. We have your written statement, Mr. Under Secretary, so I will ask you to summarize your testimony in five minutes or so, so that we have adequate time for members’ questions. Before that, let me turn to ranking member Harold Rogers for his remarks. 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