<DOC>
[109th Congress House Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:29334.wais]
POLICING CAPITAL SITES: IMPROVING COORDINATION, TRAINING AND EQUIPMENT
=======================================================================
HEARING
before the
COMMITTEE ON
GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
__________
JULY 21, 2006
__________
Serial No. 109-166
__________
Printed for the use of the Committee on Government Reform
Available via the World Wide Web: http://www.gpoaccess.gov/congress/
index.html
http://www.house.gov/reform
______
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29-334 WASHINGTON : 2006
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COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
CHRISTOPHER SHAYS, Connecticut HENRY A. WAXMAN, California
DAN BURTON, Indiana TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
GIL GUTKNECHT, Minnesota CAROLYN B. MALONEY, New York
MARK E. SOUDER, Indiana ELIJAH E. CUMMINGS, Maryland
STEVEN C. LaTOURETTE, Ohio DENNIS J. KUCINICH, Ohio
TODD RUSSELL PLATTS, Pennsylvania DANNY K. DAVIS, Illinois
CHRIS CANNON, Utah WM. LACY CLAY, Missouri
JOHN J. DUNCAN, Jr., Tennessee DIANE E. WATSON, California
CANDICE S. MILLER, Michigan STEPHEN F. LYNCH, Massachusetts
MICHAEL R. TURNER, Ohio CHRIS VAN HOLLEN, Maryland
DARRELL E. ISSA, California LINDA T. SANCHEZ, California
JON C. PORTER, Nevada C.A. DUTCH RUPPERSBERGER, Maryland
KENNY MARCHANT, Texas BRIAN HIGGINS, New York
LYNN A. WESTMORELAND, Georgia ELEANOR HOLMES NORTON, District of
PATRICK T. McHENRY, North Carolina Columbia
CHARLES W. DENT, Pennsylvania ------
VIRGINIA FOXX, North Carolina BERNARD SANDERS, Vermont
JEAN SCHMIDT, Ohio (Independent)
BRIAN P. BILBRAY, California
David Marin, Staff Director
Lawrence Halloran, Deputy Staff Director
Teresa Austin, Chief Clerk
Phil Barnett, Minority Chief of Staff/Chief Counsel
C O N T E N T S
----------
Page
Hearing held on July 21, 2006.................................... 1
Statement of:
McKnight, Rear Admiral Terence, U.S. Navy, Commandant, Naval
District Washington; Major General Guy C. Swan III, U.S.
Army Commanding General, Military District of Washington;
Joseph W. Trindal, Regional Director, National Capital
Region, Federal Protective Service; and Michael D. Fogarty,
assistant chief of police, U.S. Park Police................ 10
Fogarty, Michael D....................................... 33
McKnight, Rear Admiral Terence........................... 10
Swan, Major General Guy C., III.......................... 20
Trindal, Joseph W........................................ 31
Letters, statements, etc., submitted for the record by:
Cummings, Hon. Elijah E., a Representative in Congress from
the State of Maryland, prepared statement of............... 9
Davis, Chairman Tom, a Representative in Congress from the
State of Virginia:
Prepared statement of.................................... 4
Prepared statement of Chief Ramsey....................... 43
Fogarty, Michael D., assistant chief of police, U.S. Park
Police, prepared statement of.............................. 36
McKnight, Rear Admiral Terence, U.S. Navy, Commandant, Naval
District Washington, prepared statement of................. 13
Ruppersberger, Hon. C.A. Dutch, a Representative in Congress
from the State of Maryland, prepared statement of.......... 57
Swan, Major General Guy C., III, U.S. Army Commanding
General, Military District of Washington, prepared
statement of............................................... 23
POLICING CAPITAL SITES: IMPROVING COORDINATION, TRAINING AND EQUIPMENT
----------
FRIDAY, JULY 21, 2006
House of Representatives,
Committee on Government Reform,
Washington, DC.
The committee met, pursuant to notice, at 10 a.m., in room
2154, Rayburn House Office Building, Hon. Tom Davis (chairman
of the committee) presiding.
Present: Representatives Tom Davis, Cummings, Watson,
Ruppersberger, and Norton.
Staff present: Larry Halloran, deputy staff director; John
Hunter, counsel; Andrea LeBlanc, deputy director of
communications; Shalley Kim, professional staff member; Teresa
Austin, chief clerk; Michael Galindo, deputy clerk; Kim Trinca,
minority counsel; Earley Green, minority chief clerk; and Jean
Gosa, minority assistant clerk.
Chairman Tom Davis. The committee will come to order.
The primary obligation of any government is the safety and
security of its citizens, and we've been acting on many fronts
to fulfill that obligation. Our region faces unique challenges
when it comes to planning and implementing security measures. A
multitude of local, State and Federal agencies need to work in
unison. Today it's our hope to examine the extent to which that
coordination is working and where it needs to be improved.
As the Federal seat of government, Washington, DC, is
unique in that it houses the executive, legislative and
judicial branches and many independent agencies. Washington is
home to many national landmarks and key operational facilities
like the Washington Monument, the Capitol and the Navy Yard.
Not only do we have the Federal work force at these sites, many
thousands of visitors come to visit these landmarks. In
addition, Washington is a city that has people living in it. It
has neighborhoods, and it needs law enforcement protection just
like any other major city.
In 1997, Congress adopted the National Capital
Revitalization and Self-Government Improvement Act, which in
part authorized the District of Columbia Metropolitan Police
Department and 32 Federal law enforcement agencies to enter
into cooperative agreements to assist in carrying out crime
prevention and law enforcement activities in the District of
Columbia. Those agreements could cover such activities as
Federal law enforcement agency patrolling areas in D.C.,
sharing and donating equipment and supplies, operating on
shared radio frequencies, and Federal agency processing and
papering of suspects they arrest in the District of Columbia.
As a result, today we have a situation where many secure
Federal sites are operated and protected by Federal police
units.
The Government Accountability Office recently reported that
agencies found it difficult to measure initiatives to improve
security and that resources were scarce. GAO stated, ``Given
their competing priorities and limited security resources, U.S.
Federal agencies could benefit from specific performance
measurement guidance and standards for facility protection to
help them address the challenges they face and to help ensure
that their physical security efforts are achieving the desired
results.''
While sites such as the Capitol and the White House are
well guarded, there are many other high-level and sensitive
targets that, if attacked, could result in loss of life and
serious damage to property and national prestige. September 11,
2001, confirmed the Nation's Capital as a terrorist target.
Those who wish us harm have demonstrated their perverted
preference for high-profile targets of both operational and
symbolic value. As we harden some targets, they shop for
others. We need to remain vigilant and continue to improve
facility security here.
Despite clear progress, it appears more needs to be done.
According to a January 6, 2006, Washington Post article, the
Navy police lacked basic training, equipment and critical
resources in protecting the public and secure sites. Officers
were reported complaining about incidents of carrying
unworkable police radios and armor-piercing ammunition used in
service weapons but inappropriate, even dangerous, in a
civilian security mission. We were told the Navy has been
working to address these issues, and we look forward to hearing
the testimony on the status of those efforts.
The committee is dedicated to fostering greater efficiency
and coordination among the Federal police units and District of
Columbia Metropolitan Police Department. The Federal law
enforcement agencies share responsibility with the Metro force
for protecting the Federal facilities of the Nation's Capital.
The critical nature of this joint mission and the shared
responsibility of a myriad of agencies demand an unprecedented
degree of cooperation and coordination between traditionally
independent public safety agencies which may not be trained or
resourced for that critical joint mission.
This coordination becomes all the more important now that
the Metropolitan Police Chief has declared a ``crime
emergency'' in the District as a result of a sudden increase of
serious crimes after a steady reduction in crime rates.
Protection from street crimes and terrorism demands a
coordinated and comprehensive response.
This morning, we have representatives from four Federal law
enforcement agencies that share in providing law enforcement
services in the District: the Navy Police Division-Naval
District Washington, the Army Military District of Washington,
the Federal Protective Service and the U.S. Park Police. We
expect to receive information that will enable us to assess the
current readiness of each of these units and the level of
coordination in their core law enforcement missions. We expect
each witness to provide information concerning the agency's
security force, including training and technologies used to
secure and protect Federal facilities, coordination of security
efforts within and among agencies to improve or enhance site
security, and impediments that make it difficult to maintain
increased security at Federal facilities.
[The prepared statement of Chairman Tom Davis follows:]
[GRAPHIC] [TIFF OMITTED] T9334.001
[GRAPHIC] [TIFF OMITTED] T9334.002
Chairman Tom Davis. I would now recognize Ms. Norton for an
opening statement.
Ms. Norton. Thank you very much, Mr. Chairman.
I very much appreciate your willingness to hold this
hearing on Federal police forces that I requested and hope that
before the end of this congressional session, other hearings I
have requested, particularly hearings on the Office of the U.S.
Attorney and another on the District's structural imbalance,
can be held. I particularly appreciate your willingness to add
the U.S. Park Police to the panel today in light of the
emergence of crime on the Mall.
Among the least well known and least understood police in
the United States are the civilian Federal police forces that
police our most secure Federal facilities. The police that
guard Defense Department facilities such as the Army or Navy
bases, for example, are not military police but civilian
police. The most secure facilities in the United States, some
of them particularly vulnerable terrorist targets such as
nuclear facilities, are guarded by civilian police.
The District of Columbia and the National Capital Region
are laced with many secure facilities that depend on these
civilian Federal police. Although they guard very high-value
targets, they have been virtually forgotten in the rush to
secure the more obvious targets, such as the Congress and the
White House.
Precisely because these well-known targets are so well
policed and secure, however, other targets have become more
vulnerable. For example, the District alone has six military
installations within its borders. Among them is the newly
renovated Navy Yard, home of the Naval Sea Systems Command, one
of the most technologically advanced secure agencies. This
facility is policed by Naval District Washington, a civilian
police force that is also responsible for other secure
facilities, among them the National Geospatial Intelligence
Agency and the Anacostia installation and the Naval
Observatory, which includes the Vice President's residence, and
the top secret research facility at the Patuxent Naval Air
Station in southern Maryland.
I had a special interest in the Naval Sea Systems Command
since I worked to help bring the agencies to the Navy Yard
instead of a planned relocation to California.
My interest was piqued by a Washington Post article that
the chairman has described, describing complaints from Naval
District police officers about malfunctioning radios,
substandard equipment and armor-piercing bullets borrowed from
military supplies that are highly unsuitable for use guarding a
civilian facility in an urban area.
After meeting with the Command and the officers, it became
clear that the issues were not peculiar to the Naval District
Police. The civilian police across the country are not treated
as coherent assets that must be coordinated for maximum effect
but appear to operate like little-noticed stepchildren,
notwithstanding their training and police background.
The value of the police who guard the most secure
facilities nationwide is underestimated. The country can ill
afford to continue to regard these valuable police forces with
just passing attention of the kind they received before
September 11th. Without a great deal more resources but with
more attention, information-sharing equipment and especially
coordination, these civilian police throughout the United
States can become a true post-September 11th asset, linked to
other forces with similar responsibilities. In today's public
safety and security conscious environment, these police forces
are too valuable to be left outside the circle of our national
strategy to secure our country and to assure public safety.
I welcome today's witnesses and look forward to their
testimony. Thank you again, Mr. Chairman.
Chairman Tom Davis. Thank you.
Are there any other Members who wish to make statements?
Ms. Watson.
Ms. Watson. Thank you, Mr. Chairman, particularly for
holding this most important hearing on the authority of the
police units in our Nation's Capital and nationwide.
Adequate attention for essential security forces used to
protect Federal facilities is a part of the many steps this
Congress must take in helping improve our homeland security,
and the fact that we have seen a threat to tourism in the last
few days indicates that we are lagging in the kind of security
we need to give to our Federal sites within the local
environment.
Since September 11th, lessons we have learned here in
Washington preparing for natural disasters means there are
State and local first responders that possess valuable real-
world experience, experience that can be a value to other
States and communities across the Nation as they seek to
develop terrorism response plans of their own.
This is not to imply that response plans developed for
natural disasters can be used in a cookie-cutter approach to
respond to terrorist attacks. Preparation for a response to a
terrorist incident has its own unique needs, and our Federal
police forces should have the skills and training to protect
our homeland. The Federal Government still needs to conduct a
comprehensive threat and risk assessment for all Federal police
units.
The administration has proposed large increases in homeland
security funding without objectively assessing the best way to
spend those funds. I hope to work with my colleagues on this
committee to persuade the administration to conduct a
comprehensive national coordination and training assessment for
all of our police forces, and I want to thank all of you for
your willingness to come and testify in order for us to
understand the dire need for law enforcement agencies to
receive the proper training and funding in order to protect our
Nation.
This committee, I am sure, will do everything in its power
to help provide all of you with the proper funding to fight and
protect America's homeland and particularly our memorial sites
here in the Nation's Capital and protect the people who come to
America to see the greatness of this country. So I want to
encourage you to please continue your diligent efforts in
protecting our America.
I thank you, and I yield back, Mr. Chair.
Chairman Tom Davis. Thank you very much.
Mr. Cummings. Mr. Chairman, I have a very brief statement.
Thank you again for--I just join my colleagues in thanking
you, Mr. Chairman, for working with Ms. Norton to bring about
this hearing.
In the wake of the September 11th terrorist attack on the
Pentagon and the anthrax attack on the Hart Senate Office
Building, I think we all can agree on the need to provide our
residents, workers and visitors with the utmost protection. The
reality is that the District of Columbia is a terrorist target,
and we must protect it.
It appears that inefficiencies exist in the NCR police
program. There are over 50 Federal police forces with
jurisdiction over the District, ranging from the Library of
Congress force, which patrols the area surrounding its
building, to the National Park Service, which covers thousands
of acres. To better coordinate Federal police forces, Congress
in 1997 enacted the Police Coordination Act of 1997 as a part
of the National Capital Revitalization Self-Government
Improvement Act. Under the law, 31 agencies were encouraged to
establish a memorandum of understanding with the Metropolitan
Police Department of the District of Columbia to streamline
efforts, but, to date, only eight of those agencies have done
so.
This is not necessarily bad news. Some agencies were
already working with the police department and therefore did
not need to establish a formal MOU, but some agencies still are
not communicating effectively and efficiently with the District
forces. We must rectify this situation to ensure that we are
providing the best protection to all who live and work in and
visit the District.
Mr. Chairman, I look forward to the testimony; and, again,
I thank you for holding this hearing.
Chairman Tom Davis. Thank you very much, Mr. Cummings.
[The prepared statement of Hon. Elijah E. Cummings
follows:]
[GRAPHIC] [TIFF OMITTED] T9334.003
Chairman Tom Davis. Members will have 7 days to submit
opening statements for the record.
We will have to recognize our very distinguished panel. We
have Rear Admiral Terence McKnight, the Commandant of the U.S.
Navy, Naval District of Washington. Welcome. Major General Guy
C. Swan, U.S. Army Commanding General, Military District of
Washington. Welcome, General. Mr. Joseph W. Trindal, Regional
Director, National Capital Region, Federal Protective Service.
Thank you for being here. And Mr. Michael D. Fogarty, the
assistant chief of police, U.S. Park Police. Thank you as well.
It is the policy of this committee that all witnesses be
sworn before you testify. So if you'd please rise with me,
please raise your right hands.
[Witnesses sworn.]
Chairman Tom Davis. Thank you very much.
Admiral McKnight, we will start with you.
We have a light in front of you. It goes green when you
start. It turns orange or yellow after 4 minutes, red after 5.
We would like to try to keep that frame. Your entire statement
was submitted into the record, and any questions will be based
on that. Thank you very much.
STATEMENTS OF REAR ADMIRAL TERENCE McKNIGHT, U.S. NAVY,
COMMANDANT, NAVAL DISTRICT WASHINGTON; MAJOR GENERAL GUY C.
SWAN III, U.S. ARMY COMMANDING GENERAL, MILITARY DISTRICT OF
WASHINGTON; JOSEPH W. TRINDAL, REGIONAL DIRECTOR, NATIONAL
CAPITAL REGION, FEDERAL PROTECTIVE SERVICE; AND MICHAEL D.
FOGARTY, ASSISTANT CHIEF OF POLICE, U.S. PARK POLICE
STATEMENT OF REAR ADMIRAL TERENCE McKNIGHT
Admiral McKnight. Chairman Davis and members of the
committee, good morning. I'm Rear Admiral Terence McKnight,
Commandant of the Naval District Washington.
The Naval District Washington is one of seven major regions
in the continental United States, all of which fall under the
command of the Commander, Navy Installations Command. The
mission of each region is to sustain fleet combat readiness
through effective and efficient shore installation management
and support for those Navy and Marine Corps installations
within the areas of responsibility. The Naval District
Washington region is very large, covering parts of Virginia,
Maryland and the District of Columbia. To manage this, the
Naval District Washington is organized into five naval support
activities responsible for 19 different installations. Those 19
installations cover more than 26,000 acres. They house more
than 400 commands and activities, including 70,000 military and
civilian employees.
The security force for Naval District Washington is
compromised of approximately 660 well-equipped, well-trained
military, government civilian and contractor employees. The
security force is ultimately under my authority, reporting
through a chain of command that includes an Installation
Commanding Officer and the Naval District Washington Public
Safety Director.
The mission of Naval District Washington's security force
is to secure good order and discipline within each
installation, maintaining a safe environment for installation
personnel to perform their assigned mission and to protect
installation property within the installation boundaries or
fence line.
Naval District Washington's installation supports the Vice
President's residence and one of our national clocks at the
National Research Lab and Navy Test Pilot School and the U.S.
Naval Academy, to name just a few.
Clearly, the professionals in the Naval District Washington
security force perform a job vital to our national security. I
am pleased to tell you that our Naval District Washington
security force is well trained in its important mission. All
officers receive basic training that covers a variety of topics
needed to their jobs, including traffic law enforcement, radio
communication, patrol procedures, the rules of evidence, and
the Uniform Code of Military Justice. They also attend
sustainment training in accordance with Navy standards and are
provided supplemental training for specialized areas as needed
for a particular position.
In addition, Naval District Washington Headquarters Command
is a member of a team led by the U.S. Army that has been tasked
by the Office of the Secretary of Defense to develop uniform
standards, including a new trainee curriculum for the
Department of Defense security. We stand ready to implement the
recommendations that come from this team so Naval District
Washington security force has the right skills to meet our
mission.
I am also pleased to report the Naval District Washington
security force provides us with equipment that is needed to
accomplish its mission. They are issued guns, batons, pepper
spray, flashlights, handcuffs, radios and is quickly going to
be supplied body armor.
I am aware of some concerns expressed in the past about
body armor, radios and bullets supplied to officers. Let me
address these items quickly, because I believe that we have
made a great stride and are continuing to make tremendous
improvements in these areas.
In the past, because of resource constraints and the demand
of equipping our troops in Afghanistan and Iraq has placed our
manufacturers of body armor--and our officers did not receive
all the body armors needed. However, I can report that 90
percent of our officers serving in the Washington, DC, area are
with body armor today. We expect all the rest of these to be
fitted out shortly.
Also, in the past, not all of our radios have been
operational. The equipment is old, and replacement parts were
not being provided. Today, I can report that all our officers
are supplied with operational radios that are maintained in the
highest order.
In addition, enterprise land mobile radio, often referred
to as ELMR, system, a new DOD watch system has already begun to
be deployed. It is expected by the end of 2007 these new hand-
held bay station mobile radio describer units will be placed in
Naval District Washington. The ELMR system has the capability
to allow us to communicate more efficiently with the law
enforcement groups, both Federal and local.
I am also aware of concerns about the type of ammunition
that is used for our security force. The bullets provided are
known as ball ammunition and have the capability of passing
through an intended target. Another type of ammunition, jacket
or hollow point ammunition, flattens out when it hits the
targets, limiting its ability to pass through an object.
However, I must report we are constrained by Navy requirements
and the Navy supply system to use ball ammunition.
I understand that the focus of the committee's interest
today concerns coordination among law enforcement in the
District. The authority of the Naval District Washington
security force and all Naval District facilities generally is
limited to the installation boundaries, because of our mission
and because the Naval District Washington security force is
under the control of a military commander.
Despite the limits of authority, the Naval District
Washington security force seeks to be good partners to local
and Federal law enforcement agencies by coordinating and
communicating with the Metropolitan Police Department and other
Federal agencies on a day-to-day need.
While the Naval District Washington security force did not
have a formal cooperative agreement with the Metropolitan
Police Department, entering into an agreement has been
discussed and the U.S. Attorney has been working with us on
this issue. However, the lack of formal agreement has not
hindered our cooperation and communication.
In addition, the Naval District Washington security force
coordinates with the Naval Criminal Investigation Services,
whose official business is liaison with the agencies in the
area. Naval District Washington also participates in the
National Capital Region Council of Governments. Additionally, I
am the Deputy Commander of the Joint Forces Headquarters for
the National Capital Region.
In closing, as demonstrated by our improvements we reported
to you earlier, Naval District Washington continues to find
ways to support its security force so they can accomplish their
mission within our installation. On behalf of all the Navy
sailors and civil servants and their families, I thank the
Congress for continuing support for all of us. I am prepared to
answer your questions.
Chairman Tom Davis. Thank you very much.
[The prepared statement of Admiral McKnight follows:]
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Chairman Tom Davis. General Swan.
STATEMENT OF MAJOR GENERAL GUY C. SWAN III
General Swan. Chairman Davis, members of the committee,
thank you for the opportunity to discuss my command's role in
supporting the important mission of safeguarding the Nation's
Capital. As was pointed out, I am the Commander of the U.S.
Army Military District of Washington, but I also am dual-hatted
as the Commander of the Joint Force Headquarters, National
Capital Region.
Joint Force Headquarters-NCR, activated in June 2003, is
the Department of Defense and U.S. Northern Command standing
joint military headquarters in the National Capital Region. We
are charged with important missions in the areas of homeland
defense and defense support to civil authorities. The Military
District of Washington is the Army component of this
headquarters, along with the counterpart commands from the Air
Force, Admiral McKnight's naval district and the Marine Corps.
As part of the broad community of local, State and Federal
nongovernmental emergency management professionals in the
region, we would be a vital component of any response to a man-
made incident or natural catastrophe here in the greater
Washington area. Within this context, I'd like to highlight the
training and emerging technologies used to secure your military
installations, our current security coordination efforts and
the security posture at our regional military bases.
The complex task of deterring enemies, defeating attacks,
ensuring continuity of government and military operations as
well as mitigating the effects of natural or man-made
catastrophes cannot be done by the Army alone, by the military
alone or even by the government alone. In my view, it's all
about unity of effort at the local, Federal, State, civil and
military levels.
In the past year, we've made great strides in aligning our
service command partners, the Military District, Naval
District, Air Force District of Washington, the Marine Corps
National Capital Region Command and Coast Guard District 5.
With their full participation and in consultation with our many
interagency partners, the State National Guards, NORTHCOM, we
have mapped out a direction that increases our value within the
emergency management community of the region.
JFHQ-NCR's daily interaction with Federal, State and local
agencies, nongovernmental organizations, numerous jurisdictions
and even the private sector enables the command to execute
missions seamlessly when needed.
We have established a strong working relationship with all
law enforcement organizations, including active participation
in the Metro Washington Council of Government Police Chiefs
Committee. We communicate daily with a host of law enforcement
agencies and first responders, and through our Joint Operation
Center at Fort McNair we share valuable information needed to
maintain regional situational awareness and conduct planning.
We are ready and able to provide trained military police,
military working dogs and other equipment when directed to do
so in support of civil authorities and have done so on numerous
occasions.
This day-to-day relationship building provides the command
with timely and relevant information critical to our mission of
being the eyes and ears of DOD and NORTHCOM in and around the
Nation's Capital. As a result, the command maintains constant
awareness of the likely needs of our civil agency partners in a
potential crisis or emergency.
Anticipation of local and State requirements are one of the
key lessons learned from last year's Hurricane Katrina
response. These lessons have also been applied to our critical
role in supporting the frequent national special security
events [NSSEs], that occur in the NCR. For example, during
January's Presidential State of the Union Address, we provided
over 2,000 military personnel from all of the armed services
and a host of military capabilities to the U.S. Secret Service
in its role as the principal Federal agency.
Likewise, our participation in exercises, training events
and conferences with the Metro Washington Council of
Governments, the regional congressional delegation, the Joint
Federal Committee and the DHS Office of National Capital Region
Coordination has furthered the kind of understanding, trust and
personal relationships that will pay off in a crisis.
In fact, one of our most successful strategic initiatives
has been assisting the region with the integration of training
and exercises. For example, we saw an opportunity to apply our
inherent experience with multi-echelon military training
exercises to help coordinate training across the region.
By teaming with DHS and the COG, we've developed an
organization and process to synchronize regional training and
exercises now known as the NCR Training and Exercise
Consortium.
Last year, during Exercise Capital Shield, we partnered
with local, Federal and State teammates to rehearse homeland
defense functions and procedures in a scenario that included a
number of Virginia, Maryland and D.C. jurisdictions and
agencies. Using live and virtual training techniques, immediate
response, Incident Command and Unified Command procedures were
exercised. Agency capabilities were integrated and
communications interoperablity were streamlined. We will do all
this again in December.
We are intent on improving information sharing and have
developed a customer-focused approach through our command and
control architecture. We recently activated a virtual private
network linked to USNORTHCOM and have built associated portal
tools. We have improved our land mobile radio posture that
Admiral McKnight discussed earlier and continue to improve our
already solid communications interoperatability with local and
State and Federal first responders. The successful fusion and
exchange of mission-critical information enables us to know
what's going on and what's needed to get the job done.
Our world-class Operations Center enables the command to
stay fully abreast of day-to-day activities of city, State,
county and Federal agencies across the region, using a variety
of DOD, local and civil communications means.
As the Commanding General of the Military District of
Washington, I also serve as the Senior Commander for Fort
Hamilton, Fort Meade in Maryland, Fort Myer, Fort McNair here
in the District, Fort Belvoir and Fort A.P. Hill. Providing
day-to-day installation management on these bases is a big part
of the job but so is safeguarding them so they can be used in a
response platform in the need of an emergency. Therefore, anti-
terrorism force protection of all of our bases is imperative,
and currently the Department of the Army and the Department of
Defense provide adequate resources to ensure the safety and
security of our installations.
In summary, the Soldiers, Sailors, Airmen, Marines,
National Guardsmen and civilians of this command represent an
energetic and forward-looking joint and interagency and local
team player focused on safeguarding the National Capital
Region. We'll be ready to respond in case of an emergency, and
I want to thank the members of the committee and the Congress
in general for the support you continue to give all of our
warriors. Thank you.
Chairman Tom Davis. General, thank you.
[The prepared statement of General Swan follows:]
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Chairman Tom Davis. Mr. Trindal, thank you for being with
us.
STATEMENT OF JOSEPH W. TRINDAL
Mr. Trindal. Good morning, Mr. Chairman, distinguished
members of the Committee on Government Reform. Thank you for
inviting the Department of Homeland Security Immigration and
Customs Enforcement Federal Protective Service for the National
Capital Region to appear before you today to describe the state
of our coordination, training and equipment for protecting the
Nation's Federal facilities.
I am Joseph Trindal, Regional Director for FPS in the NCR.
Under the Homeland Security Act of 2002, FPS within NCR is
responsible for law enforcement operations and protective
security missions of about 750 Federal facilities providing
workspace for approximately 309,000 Federal employees and
contractors. All FPS jurisdiction Federal facilities, employees
and visitors are protected and served through the judicious
application of police patrol operations, physical security risk
vulnerability analysis, intelligence management, implementation
of proactive countermeasures, criminal investigations,
interagency emergency preparedness as well as posting and
performance monitoring of contract guard forces.
Our current FPS/NCR staffing of full-time equivalent on-
board positions is 229 sworn and support employees. The FPS law
enforcement operations and protective security missions are
principally accomplished with 125 Federal police officers and
inspectors. Also staffed from among these positions are certain
specialty disciplines which include K-9 explosive detection
teams, HAZMAT technicians, confined space tunnel operators and
tactical emergency medical technicians. Criminal investigations
and intelligence management is handled by special agents. The
mission support work force is comprised of 36 positions and
includes such functions as budget, logistics, communications,
small purchases, human resources, training and background/
suitability clearances for contractors and the guard force.
From among the 18 sworn command staff officers, FPS maintains
collateral liaison assignments with the Metropolitan Council of
Governments [COG], the DHS Office of NCR Coordination, the FBI
Joint Terrorism Task Force and the Plans and Emergency
Preparedness Coordinator.
The FPS also manages a contract guard pool of about 5,700
guards. FPS contract guard service requirements are developed
through FPS risk vulnerability assessments, coupled with tenant
agency requests and awarded by the FPS Consolidated Contracting
Group. Sworn FPS senior inspectors perform as certified
contracting officer technical representatives in managing the
guard force contract compliance.
All entry-level police officers and sworn inspectors are
required to attend the 12-week uniformed training program,
formerly called the mixed police basic, administered by the DHS
Federal Law Enforcement Training Center with FPS oversight by
our National Training Academy. FPS administers a 1-week pre-
basic and 2-week post-basic training for a total of 15 weeks of
entry-level training. This uniformed training program uses an
in-depth curriculum, covering a broad range of police and
general investigative skills and provides the opportunity for
trainees to develop valuable partnerships with police officers
from other Federal agencies, including the U.S. Secret Service
Uniformed Division, U.S. Capitol Police, Mint Police, the Park
Police and the Bureau of Land Management, to name a few.
All entry-level special agents attend the 10-week mixed
agency criminal investigators training program also at FLETC.
FPS training does not end at FLETC. Annually, all officers,
sworn inspectors and special agents are required to
successfully complete 40 hours of in-service training which
includes firearms and other weapon re-qualification, legal
updates, defensive tactics, suicide/homicide bomber
interdiction and incident command system, to name a few.
All firearms qualification is conducted quarterly. FPS
officers assigned to work in the District of Columbia are
required to successfully complete the D.C. Code enforcement
training administered by the U.S. Attorney's Office. Our
officers, sworn inspectors and special agents are also required
to receive national in-service training in FLETC every 5 years.
The NCR is the most jurisdictionally compressed FPS region
in the country. Furthermore, the NCR faces a significant risk
from terrorists and domestic criminal actors as well as an
array of potential natural disasters. Nowhere else in our
homeland is there such compression of potential targets for
terrorism coupled with tremendous potential for broad
destructive effect on local, State and Federal Governmental
services as well as the local population. The situational
conditions in the National Capital Region make interagency
collaboration and emergency preparedness especially critical.
In strengthening the FPS's posture as a contributor to the
unified capabilities of NCR's emergency services community,
FPS/NCR has sponsored three major computer simulation exercises
involving participation by the DCEMA, Metropolitan Police
Department, D.C. Fire and EMS, Secret Service, Park Police, the
Washington Metro Area Transit Authority Police, Prince George's
County Police, the Prince George's County Fire Department and
General Services Administration, among others.
FPS/NCR participates in a wide arrange of interagency
exercises through our liaison with the DHS Office of National
Capital Region Coordination and the Council of Governments.
Thus far this calendar year alone, we have participated in
eight joint interagency exercises, with another seven planned
between July and September.
FPS utilizes a wide range of technology to carry out our
mission. Our explosive detection operation is a robust
operation of K-9 and technological assets. FPS/NCR screens
trucks making deliveries to certain high-risk Federal
facilities and utilizing backscatter X-ray technology in which
we have conducted 19,000 screenings thus far this year. Our
Mobile Vehicle X-Ray operation is conducted jointly with the
D.C. National Guard. At many Federal facilities, FPS/NCR
contract guard forces conduct x-ray package of magnetometer
screening, which has resulted in 5,517 prohibited items
interdicted so far this year. At some high-risk locations,
samples are being obtained from vehicles or carried items that
are screened by explosive trace detectors.
FPS regularly participates in mobile command vehicle
interoperatability exercises along with MPD, DCEMA, D.C. Fire
and EMS and a wide array of other Federal, State and local
partners.
In order for our officers and inspectors and special agents
to safely and effectively accomplish their mission, we place a
priority in obtaining the best quality equipment and training
required to use such equipment. Matters pertaining to firearms,
ammunition, protective ballistic vests and less lethal weapons
are governed by ICE policy promulgated by the National Firearms
Tactical Training Unit. Our duty sidearm is a SIG model P-229
semi-automatic pistol chambered in the .357 caliber SIG. In
addition to the issuance of all uniform and duty accessory
items, each officer, inspector and special agent is issued a
ballistic protective vest that meets or exceeds NFTTU standards
for Level IIIA protective capability.
A number of challenges lay ahead for FPS and NCR. One of
the greatest challenges facing all emergency services agencies
in our region is communications interoperatability. FPS and a
number of our partners have the capability to overcome
variations in radio band and frequencies for pre-planned and
critical incidents. These systems work well and the quarterly
exercise of our region's emergency services community mobile
command vehicles is a huge step forward.
In the future, we look forward to continuing our liaison
with Federal, State and local law enforcement security and
emergency planning entities to strengthen our collective
efforts in this area.
In closing, I would like to thank the members of the
committee for your support in our efforts. This concludes my
prepared statement. I will be pleased to answer any questions
you may have. Thank you.
Chairman Tom Davis. Thank you very much.
Mr. Fogarty, thank you for being with us.
STATEMENT OF MICHAEL D. FOGARTY
Mr. Fogarty. Good morning, Mr. Chairman, distinguished
members of the committee. Thank you for the opportunity to
appear before you at this oversight hearing regarding the
policing of capital sites. My written copy of this testimony
has been submitted for the record.
The U.S. Park Police has provided law enforcement services
on the public lands of our Nation's Capital for over 200 years.
Currently, there are 605 sworn members in the U.S. Park Police
who serve in our Nation's Capital, the Golden Gate National
Recreation Area, the Presidio in San Francisco, the Statue of
Liberty and Gateway National Recreation Area in New York City.
In the Washington metropolitan area, the force patrols over
24,000 acres of urban parklands, including the Washington
Monument, Lincoln and Jefferson Memorials, Lafayette Park, the
Ellipse and the National Mall from the Capitol Reflecting Pool
to the Potomac River.
In addition, we patrol over 70 miles of Federal parkways
leading into and through our Nation's Capital, including
Baltimore/Washington, Clara Barton, George Washington, Rock
Creek and Suitland Parkways.
As a full-service police department, the force is
responsible for anti-terrorism patrols, prevention and
detection crimes ranging from homicide to drunk driving,
quality-of-life crimes and the performance of other law
enforcement and visitor services. Our criminal investigators
and detectives have done an outstanding job in successfully
closing down crimes which occur on Federal parklands and
occasionally in other areas. For example, 3 weeks ago we
provided valuable assistance in the recovery of the Veterans'
Administration laptop computer that contained the personal data
of millions of U.S. military veterans.
The U.S. Park Police is well known for its work at high-
profile special events. These events include major protests and
demonstrations, large events like the Fourth of July
celebration and one-time events such as the dedication of the
World War II Memorial. Most of these events are very orderly
and easily policed. Others, due to their sheer size, present
significant logistical challenges; and others result in a
significant number of arrests. The force coordinates with and
requests assistance from other agencies for management of these
large events. Without the assistance from these other agencies,
we could not maintain as safe an environment for the public as
we currently provide.
Our officers attend the Federal Law Enforcement Training
Center, have done so since its founding in 1974. Our new
officers attend basic police school for 23 weeks, receive 5
additional weeks of training in Washington, DC, followed by 12
weeks of field training instruction, for a total of
approximately 10 months of training prior to performing
independent patrols.
Within the Metropolitan Washington area, all force
operational commanders meet at least three times a week to
discuss emerging crime patterns, potential terrorist threats
and special events. The force weekly coordinates with park
superintendents and makes recommendations for additional
security measures. In the downtown area, additional security
enhancements reflect the need to provide increased protection
for the historical features of our monuments and memorials as
well as the safety of the visitors, while still maintaining an
open and inviting atmosphere to the public.
We have sworn members deployed to serve with the Joint
Terrorism Task Force, the Department of Homeland Security's
National Operations Center, and during large special events or
emergencies, we participate in joint operation centers. Our
officials routinely meet with representatives of the U.S.
Attorney's Office and other law enforcement agencies to
coordinate operations and disseminate information of mutual
concern.
Our closed circuit television system consists of cameras at
key locations around the monuments and memorials, allowing us
to rapidly and accurately dispatch officers to emergencies and
to review reports of suspicious activity from a distance. We
enhance visitor safety both the Lincoln Memorial and the
Washington Monument through the use of technology and the
construction of new vehicle barriers.
It is always a challenge to provide open access to our
icons in public spaces while maintaining a secure environment.
For years, the force has deployed significant resources in the
fight against terrorism. After September 11, 2001, the force
underwent a significant redeployment of sworn officers to
augment icon protection and other anti-terrorism security
needs. In order to use the public funds as efficiently as
possible, the force has incorporated the use of security guards
at the icons in Washington, DC, and at the Statue of Liberty to
augment our police personnel performing non-law enforcement
security functions.
We recognize that a visible presence by the force is
required to ensure an appropriate level of safety and security
on the National Mall and other park areas. The President's
budget for fiscal year 2007 requests additional funds to
bolster the presence of the force on the National Mall to
reflect this increased need for patrols. These additional
officers, if approved, will increase the likelihood of
intercepting potential terrorists and other threats and crimes
aimed at the icons and the visitors to them. In spite of the
redeployment, reprioritization and other actions resulting from
the events of September 11th, we continue to perform our
responsibilities and duties to accomplish our primary missions
as safely and effectively as possible.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks.
Chairman Tom Davis. Thank you very much.
[The prepared statement of Mr. Fogarty follows:]
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Chairman Tom Davis. I would ask unanimous consent that a
letter from Chief Ramsey, the chief of the Metropolitan Police
Department, be placed in the record.
[The prepared statement of Chief Ramsey follows:]
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Chairman Tom Davis. Coordination has become all the more
important now that the Metropolitan Police Chief has declared
this crime emergency in the city as a result of the sudden
increase of serious crimes after we'd seen a steady reduction
of crime rates over the past few years. Have all of you had a
chance to talk and coordinate with the Chief since he's
declared this crime emergency, just each of you for the record?
Admiral McKnight.
Admiral McKnight. No, sir. I have not personally, but we're
always working with the Metropolitan Police Department.
Chairman Tom Davis. OK.
General Swan. Sir, the same here. I haven't talked to Chief
Ramsey personally on this, but we're in day-to-day contact with
MPD.
Mr. Trindal. We're working very closely with Commander
Groom of the first district in dealing with this particular
issue and focusing our patrol areas along the Constitution
Avenue and the Federal triangle and Foggy Bottom areas in
concert with MPD.
Mr. Fogarty. Chief Bedford has met with and spoken with
Chief Ramsey, and we do continue our daily cooperation with the
Metropolitan Police Department.
Chairman Tom Davis. Mr. Fogarty, you don't have a specific
agreement, do you, under the National Capital Revitalization
Self-Government Improvement Act?
Mr. Fogarty. No, sir, we do not. And the reason for that is
that, since 1882, we have had the same police authority in the
District of Columbia as the Metropolitan Police Department.
Chairman Tom Davis. So you overlap anyway so you don't need
separate----
Mr. Fogarty. That's right.
Chairman Tom Davis. In the Chief's testimony, he praises
the level of cooperation we've seen on that. I guess what I
would ask, you really have two different law enforcement
functions, you have street crime and combating terrorism. They
are different functions. So we're talking about coordinating in
two different areas and protecting Federal facilities and non-
Federal areas. Does your agency consider it has primary
responsibility for either type of law enforcement outside the
territories where we have primary jurisdiction?
Mr. Fogarty. No, sir. Our primary responsibility is within
the National Park Service lands. If we're talking in the
District of Columbia, we certainly support with and work with
the other agencies, and clearly our officers make arrests on
city streets when it is appropriate. We do not routinely exceed
our areas of patrol other than by request.
Chairman Tom Davis. You do have specific areas?
Mr. Fogarty. Yes, sir. But our beats are very large. We
have approximately 700 reservations in the city. We have our
police officers who are patrolling constantly. They are out on
city streets. There are many opportunities for them to take
action, and they do so when warranted.
Chairman Tom Davis. I think you note in your testimony
there are 605 sworn officers.
Mr. Fogarty. Yes, sir.
Chairman Tom Davis. The former Chief Chambers estimates
that the Park Police force for the entire area is smaller than
the 400 officers that she had in 2003. Has the number of
officers decreased?
Mr. Fogarty. No, sir. There may be confusion; 400 may have
been the number in the D.C. area.
Chairman Tom Davis. OK.
Mr. Fogarty. And that's relatively stable.
Chairman Tom Davis. All right. So you have 605 sworn.
That's throughout the country?
Mr. Fogarty. Yes, sir. That includes New York and San
Francisco.
Chairman Tom Davis. So there's been no marked decrease that
you are aware of?
Mr. Fogarty. There is a slight reduction.
Chairman Tom Davis. Is that budgetary or is that just
caused by other----
Mr. Fogarty. Right now, sir, we're at 605. Last year at
this time we were at 621, but if you had gone 2 weeks earlier,
we were at 604. It's a matter of which date you pick the
numbers from.
Chairman Tom Davis. OK. Obviously, you have attrition and
you are filling and everything else. So, OK, what is your
buildup level that you are allowed to get--do you have a number
that you are allowed to get to if everybody's full?
Mr. Fogarty. The number in the President's budget we're
trying to get to is 639.
Chairman Tom Davis. OK, let me ask all of you this, I know
that in Fairfax County we go through--we recruit officers--most
of our officers have college degrees. We go through training
and sometimes they'll go work for the Federal Government
afterwards. Do you get a lot of cross-recruiting from local
governments where somebody else can pay the training costs and
you can get them and vice versa? Is it a competitive
environment to get good officers?
Mr. Fogarty. Yes, sir. Very competitive.
Admiral McKnight. Yes, sir. It is very competitive. It's
very hard to maintain and retain the officers. We are
continually hiring, but it's a very competitive----
Chairman Tom Davis. Where would you lose your people to?
You train them. You get them up. If they leave your service,
where would they be likely to go?
Admiral McKnight. They would like to go upward to the
Metropolitan Police, to the Parks Service and things like that.
They just like to take a step farther up.
Chairman Tom Davis. And once you've locked them in for a
few years, you get them into the system, but it's the young
officers who generally leave, isn't it?
Admiral McKnight. Yes, sir. That's correct.
General Swan. Same for us, sir.
Chairman Tom Davis. How about Mr. Trindal?
Mr. Trindal. Yes, sir. It is very competitive. We strive to
maintain a solid work force through our training, through the
challenges that we provide for our officers. But in this area
in particular there's an awful lot of opportunities for those
officers to look elsewhere.
Chairman Tom Davis. And how's the interoperatability and
the communications between the Metropolitan Police Department
and all of your agencies? You are on different frequencies. You
can get--how's that work if there's an incident in the area?
For example, you're close by. You have manpower there. How
quick is it to call--you know, start----
Admiral McKnight. Sir, as I addressed earlier, we are just
a little step behind. We're going to the new radio system. We
have some sites that are manned up. So, right now, it would
have to be through the standard process. An officer would
notify that there's an incident, and we would have to either
phone--but our radio system's just a little bit behind. We
don't have a frequency that we can talk.
Chairman Tom Davis. Let me just add, the area down by where
the Navy Yard is, for example----
Admiral McKnight. Yes, sir.
Chairman Tom Davis [continuing]. Is rapidly changing.
Admiral McKnight. Yes, sir.
Chairman Tom Davis. Getting more intensity. They have a
stadium down there. Your role in working with the Police
Department then is changing as a result of that?
Admiral McKnight. Sir, my jurisdiction is just with inside
the fence lines of the Naval District Washington, especially
down on Maine Street and M Street right there. But when we
bring on the new radio system, we'll be able to coordinate
better with the Metropolitan Police Department.
Chairman Tom Davis. OK.
General Swan. Yes, sir. And the system that Admiral
McKnight is talking about is a Department of Defense system, so
that's already been fielded in the Army component here. The Air
Force and the Navy are coming on later this year. It gives us--
this is a post-September 11th radio system that allows us to
talk to civil agencies at all levels, fire protection agencies
as well as law enforcement, but at the Command Center level--
there is a great deal of interoperatability at the Command
Center level that we pride ourselves on.
Chairman Tom Davis. Yeah. Key is to make sure, if you have
officers in the area, you have assets in the area, that they
can be redeployed in an emergency.
General Swan. Yes, sir.
Chairman Tom Davis. OK. Mr. Trindal.
Mr. Trindal. Our central dispatch is at the Suitland
megacenter, and presently we would communicate with MPD via
telephone at this point in time. However, under critical
incidents or preplanned incidents, we do have capability of
cross-talking with them, using their equipment as well as other
Federal, State and local agencies in the National Capital
Region and our equipment cross-channeling with them.
Chairman Tom Davis. Thank you. Mr. Fogarty.
Mr. Fogarty. Yes, sir. With the Metropolitan, our best is
still the old standby civil defense line. We do use that
routinely.
As far as our patrol supervisors also do have Metropolitan
Police portable radios with them, and if there is an emergency
they can switch over. Normally, we would prefer going through
our dispatch to their dispatch because that way everyone is
aware and not just one or two people.
Chairman Tom Davis. Thank you.
Ms. Norton.
Ms. Norton. Thank you very much, Mr. Chairman.
Could I ask first Assistant Chief Fogarty, are Park Police
who have been pulled from other areas still working, some of
them, on 12-hour days?
Mr. Fogarty. Yes, ma'am. Our central district is on a 12-
hour shift. That's their normal routine patrol. It is not an
overtime function.
Ms. Norton. Oh, they are always--the people on patrol are
always there for 12 hours?
Mr. Fogarty. Yes, ma'am. That's their regularly scheduled
patrol function. It's been that way for some time. Twelve-hour
shifts are your most efficient man power usage. They're not
necessarily the most effective but they're the most efficient.
Ms. Norton. Let me understand this. When you say a 12-hour
shift, do you mean that an officer is standing or patrolling
for 12 hours? Or do you mean that he is doing Park Service,
Park Police work in some fashion for 12 hours?
Mr. Fogarty. They are assigned to the patrol function for
the 12 hours, which includes work all the time. But most of the
time they will be out on the street or, if they make an arrest,
they will be back processing.
Ms. Norton. How does that compare with police in the other
forces? Are you on 12-hour days?
General Swan. We're on 8-hour inside our Army
installations.
Ms. Norton. How about you, Mr. Trindal?
Mr. Trindal. We're also on 8-hour shifts.
Ms. Norton. So you are telling me on a 90-degree day that
your officers, for example, who are assigned to the Lincoln
Memorial are there for 12 hours?
Ms. Norton. Yes, ma'am.
Mr. Fogarty. Yes, ma'am.
Ms. Norton. Why is that--since you tell me that is normal,
the normal case, why is that the most efficient way?
Mr. Fogarty. As far as when you look at the actual
scheduling of personnel, when you do it on the 12-hour shifts
you actually can deploy more personnel than you can through any
of the other shifts.
Ms. Norton. So it has to do with the numbers that need to
be deployed. That's how you are getting the numbers.
Mr. Fogarty. Yes, ma'am. And others--some of our other
districts are on 8-hour shifts. It depends on the district.
Ms. Norton. In the region and in the city, they're on 12-
hour days or is it only in the city?
Mr. Fogarty. It's only in our central district. For
instance, our Rock Creek District, which is also in the
District, is on an 8-hour shift.
Ms. Norton. So it is only in this area, the Mall area, that
we have 12-hour shifts?
Mr. Fogarty. Yes, ma'am.
Ms. Norton. And that is in the coldest of winter and in the
hottest of summer, people are on 12-hour shifts?
Mr. Fogarty. Yes, ma'am.
Ms. Norton. And you think that has largely to do with the
numbers, need for--you can maximize your numbers that way?
Mr. Fogarty. It's effective; and the officers, from what I
have been told, like the 12-hour shifts.
Ms. Norton. Twelve-hour shifts without overtime pay?
Mr. Fogarty. That's correct.
Ms. Norton. And they like that?
Mr. Fogarty. Yes, ma'am.
Ms. Norton. And why do they like that?
Mr. Fogarty. I can't say for sure, but I think it has to do
with the fact they have more days off at the end of the week.
Ms. Norton. All right. You should say that. Because,
otherwise, it's very hard to understand. It's pretty hard to
understand.
Mr. Fogarty. It gives them more actual time at home than
they would have on the 8-hour shifts because the commuting time
is cut down.
Ms. Norton. All right. Thank you.
You patrol the entire region. Your officers--I'm sorry--Mr.
Fogarty, patrol the entire region, isn't that so?
Mr. Fogarty. Yes, ma'am. That's correct.
Ms. Norton. Would you name some of the parks, larger parks
in Maryland and Virginia, for example--we know the ones in
D.C.--that you're responsible for, some of the larger ones?
Mr. Fogarty. Greenbelt Park; Fort Washington Park; Fort
Hunt; Great Falls, VA; Great Falls, MD; Wolftrap; plus all the
park--all the areas along the parkways.
Chairman Tom Davis. They can give tickets along the
parkway, isn't that right?
Mr. Fogarty. Yes, sir.
Chairman Tom Davis. I don't know that from personal
experience, but some of my staff know it.
Ms. Norton. How have you--do you still have a uniform
presence in the Mall now until midnight when the area closes?
Mr. Fogarty. Yes, ma'am. The Mall area is patrolled 12
hours a day.
Ms. Norton. I didn't ask you that. I asked you was there
uniform presence down there all evening?
Mr. Fogarty. Yes, ma'am.
Ms. Norton. All right. Many of those officers are borrowed
from other parks, is that not the case?
Mr. Fogarty. Some of the officers have been redeployed. A
lot of those are from the motorcycle unit, or our special
forces branch, if they're not otherwise assigned, they would be
reassigned to the Mall. Some of it has been done through the
use of overtime.
Ms. Norton. When I visited the Mall and talked with some of
your officers, I asked them where they came from and they named
some of the parks. Among them was Anacostia Park, for example.
I appreciated that he was there, but it did seem to me that was
a classic case of borrowing from Peter to pay Paul except that
Peter has more crime than Paul does.
I'm not blaming that on you, sir, but let me ask you, when
is the last time you have had an increase in the actual number
of officers?
Mr. Fogarty. We have been relatively stable for the last, I
would say at least the last 5 years.
Ms. Norton. How many miles are you responsible for in the
National Capital Region?
Mr. Fogarty. I'm sorry, how many?
Ms. Norton. Acres; I'm sorry.
Mr. Fogarty. I believe it was 24,000.
Ms. Norton. I have understood that a class for new park
police officers was recently canceled. Is that the case?
Mr. Fogarty. Yes, ma'am.
Ms. Norton. Why was that the case?
Mr. Fogarty. There was just a funding issue. At the end of
the year we had hoped to have enough funding to staff it, and
we did not.
Ms. Norton. You had some increase in funding, isn't it
true?
Mr. Fogarty. This year it was a $100,000 increase over the
year before.
Ms. Norton. When is the last time you had a significant
increase in funding, Mr. Fogarty?
Mr. Fogarty. 2002.
Ms. Norton. When?
Mr. Fogarty. 2002.
Ms. Norton. Mr. Fogarty, I don't see how you can continue
to operate by borrowing personnel if your last increase was
2002. How much an increase in officers was that?
Mr. Fogarty. The actual number of increase in officers was
not significant. It allowed us to catch up where we had been a
shortfall in our equipment and supplies and where we had been
basically borrowing from Peter to pay Paul at that point.
With the cost of living increases, things like that, even
if the budget goes up, it does not necessarily translate into
an increase in personnel.
Ms. Norton. So in terms of personnel, you have been stable
even when you have had an increase in funding.
Mr. Fogarty. We had a slight increase at that point, which
we've been trying to maintain since then. The 2007 budget is a
request for an actual real increase in personnel.
Ms. Norton. But that's not through yet?
Mr. Fogarty. It's been through the House and in the Senate
committee, but it has not been passed yet.
Ms. Norton. What kind of increase in the House did you get?
Mr. Fogarty. The amount was exactly the same. It was a
total of a $4.5 million increase, which came out to
approximately $2.8 million that actually would have been used
for personnel. The rest would have been basically cost of
living adjustments.
Ms. Norton. The Senate has not acted yet on that amount,
but the House has allowed that amount?
Mr. Fogarty. Yes, ma'am. The House has and the Senate
committee has also approved that level.
Ms. Norton. Now if in fact that passes and you said $2
million or so can be used for personnel, how many new officers,
approximately?
Mr. Fogarty. The goal is to get up to 639 sworn officers by
the end of fiscal year 2008, and again that's the problem with
attrition. The training sites----
Ms. Norton. From 6--to 639 by the end of 2008?
Mr. Fogarty. Yes, ma'am. Actually, functional police
officers. Part of that is the training cycle, and we hire them,
they are on paper but they're really of no value to us at this
point.
Ms. Norton. Would they all be used here in this region, the
National Capital?
Mr. Fogarty. The vast majority would be assigned here to
the Washington Metropolitan Area.
Ms. Norton. When the first set of assaults occurred on the
Mall there was an immediate response. I was very grateful for
it, actually. Mr. Fogarty, I'm very familiar with the Park
Police. You have worked on some of our really high crime areas
because so many parks abut those areas and you are known as
crackerjack cops who understand real criminals and have
partnered with the D.C. Police to crack important cases, cases
that the press writes about, drug busts and very violent
criminals and the like. So I'm aware of your work.
I am very concerned though about what I saw on the Mall.
You indeed had reinforcements right after the first muggings.
When the second set of muggings occurred, there had been about
five police in that entire area. It was hard for me to be
critical of it.
It seemed to me that you have no sustained capacity to
continue to borrow police from Maryland, Virginia and the
District without putting areas that have greater crime rates
than the Mall at risk. Is that not the case?
Mr. Fogarty. Part of police work is always trying to get
ahead of the criminals and deploy your personnel appropriately.
This year our crime rate actually, our violent crime rate
actually is down from last year. We've had high profiles crimes
on the Mall and we have redeployed to try to end that problem.
Ms. Norton. My question, and I will pass on to my good
friend in a moment, but my question really goes to what happens
after there are assaults like this. You see how embolden these
people have become. The reason we are so concerned is not only
have they assaulted visitors who have always regarded the Mall
as what it has always been, crime free. We regard this as an
assault on our economy because those are people that come to
visit, and in visiting they are a major support for our
economy.
When--the reason I asked for, and I was very grateful for
the uniform presence after the muggings in May, was because it
is very hard to do what you just said, act ahead of time.
Indeed, the Chief told me about undercover people that he was
going to have. I said that's fine, it's very important, but if
we want to prevent crime we not only need undercover people, we
need uniform people who essentially send their own message,
don't even try. It is the message they send.
Clearly you were so hard-pressed that the uniform presence
that might have deterred these July assaults was not possible
to sustain. Is that not the case?
Mr. Fogarty. We increased our coverage after the May
assaults and then obviously after the July assaults we
increased it again.
Ms. Norton. And of course it retrenched after the May
assaults.
Mr. Fogarty. It had not reduced it from what we had
actually assigned, but what we had done is the officers who
were asked to go through on routine patrols, some of them were
obviously redeployed to other areas or other assignments on a
day-to-day basis. We did have an increase in the sustained
increase in the number of officers assigned to the Mall area.
Ms. Norton. Five officers is what the chief told me in that
area. I'm very concerned about that, and I'm going to pass on
now to Ms. Watson.
Ms. Watson. Thank you so much. As I listen to all of you,
we've got to focus in on Mr. Fogarty because I think that the
problems that have been identified are occurring within the
Park Service's jurisdiction. And listening very intently, it
seems that you have a shortage of resources, is that true? I
know you said you are increasing from 605 to 639 but it has not
happened.
Mr. Fogarty. It's been requested.
Ms. Watson. And then I'm reading in our analysis that
equipment is old, that it doesn't work in certain urban areas,
and probably that you're short of the effective tools to do the
job. Is that correct?
Mr. Fogarty. There's some highlights in that. For instance,
our radio system which is from the 1970's, it is in the process
both here and New York of replacing the entire system. That is
actually a joint operation with other Federal agencies, which
will improve our interoperability and also our area of
coverage.
Ms. Watson. Now is there a dedicated line--this is to all
the witnesses--that would go across--there are 51 services that
provide protection, supposedly. Is there a dedicated line, a
band that all of you could use to communicate? Does it work?
General Swan. There is an established 800-megahertz
standard that the Department of Homeland Security has
established that all first responders are capable or should be
capable of operating on. We're pretty good on that in the NCR,
at least from the military perspective.
Ms. Watson. Apparently it is not working as effectively as
it should because when we talk about homeland security, if we
cannot secure the Nation's Capital, the streets of the capital,
we can't secure this country.
I was appalled by the kinds of rash of crimes on the
streets that were taking place, these foraging street gangs,
these foraging thugs that are moving freely it appears through
our streets, attacking people on the streets, killing some. I
don't know how that happens.
And I hear from you, Mr. Fogarty, that your staff works 12
hours a day and then they have a day when they probably are in
court, and that doesn't give them the kind of time to do the
job effectively.
I think what we need is an appearance of law enforcement.
You know, I'm from Los Angeles and our colors are black and
white, but when you park a black and white on a main street,
that's a signal and that's a message there's somebody around
here that is going to provide and enforce the law, so maybe I
better not knock this store off or mug this person.
And so I mentioned in my opening statement that we really
need an assessment, because I hear three things; I hear that
you really are under equipped, I hear that you don't have the
personnel to stretch across all of these venues, and I hear
there are plans for the future and it's all based on the
budget.
So we here in the Congress have a job to do, and while
we're pumping billions of dollars in countries 10,000 miles and
more away, if we really are serious about securing our land,
Mr. Chairman, we're going to have to look internally.
If we cannot protect our citizens, our visitors when they
come to the Nation's Capital, then how can we protect our
country. It's just verbiage.
So I am so pleased that you're here. Don't be restrained.
We are friendly. Eleanor Holmes Norton is the best mouthpiece
that you have. Our Chair is the best mouthpiece you have. The
other member from Maryland will speak up for you, but you have
to come and let us know.
So we're gleaning from your remarks what the story has to
be, Eleanor. During our budget discussions we must put the
resources in so you can do what you're expected to do to
protect our homeland and the people on it, be they Americans or
visitors.
And so I want to thank you, and know, I want you to know
that we're going to be supporting what you do because it's an
embarrassment. Not only is it an embarrassment, it's tragic to
know that people come here to see our historic sites and
they're in jeopardy. That doesn't make sense.
So we should have learned from September 11th, and we need
to look internally and fix these problems.
So with that I'm going to say thank you, Mr. Chairman, and
I hope that we as a committee can make some strong
recommendations in this regard.
Chairman Tom Davis. Thank you very much.
Ms. Norton, I think you have just one or two more
questions.
Ms. Norton. That's all I had, Mr. Chairman.
I had not asked the other police forces, and actually it's
you who stimulated me to want this hearing. You are among the
Army and Navy police. First, let me ascertain, hired by--you
notice that the Federal Protective Service is a centralized
service and you come onto the Federal Protective Services and I
take it get assigned to agencies, is that right, sir? Mr.
Trindal.
Mr. Trindal. Yes, ma'am. That's correct.
Ms. Norton. Do your police get hired by the Department of
Defense?
General Swan. Yes, ma'am. Our police are hired by our
services; our police are Department of the Army.
Ms. Norton. So the Navy would hire and Army would hire?
General Swan. But there are Department of Defense standards
that we all adhere to.
Ms. Norton. Yes, but are your police trained alongside his
police the way the FPS police all train together?
General Swan. They train to the same standards but in
different facilities.
Ms. Norton. You in Army facilities and they in Navy
facilities?
General Swan. We use Fort Leonard Wood, MO, which is our
military police school, and Aberdeen Proving Ground in Maryland
is for our Department of the Army civilian police.
Ms. Norton. Much that you described that you do under your
command, your description of what you do did not involve--did
not seem to involve the police. I understand what you do but I
did not hear from either of you how your civilian police either
fit in or do not fit into what you do under your command.
Admiral McKnight. Yes, ma'am. I, like General Swan, we're
both military commanders and the police force fall under us to
protect our installations and what is between our fence lines,
and that's our base of where we train our people to protect,
within our fence lines.
General Swan. If I could expand on that, the military
police forces of the Department of Defense are there, as
Admiral McKnight described, for security and law enforcement
within our DOD installations, enforcing DOD law on those
military reservations.
Ms. Norton. What is DOD law? If I steal something on a
reservation.
General Swan. The Uniform Code of Military Justice applies
inside----
Ms. Norton. Many of these are civilian agencies. Like the
Naval Sea Systems Command has mostly civilians. So if somebody
commits a felony in there, what happens?
General Swan. There are other Federal laws that applies
inside DOD that are also enforced.
Ms. Norton. Go ahead.
Admiral McKnight. Yes, ma'am. If there's a crime inside the
Navy Sea Systems Command we would turn that over to the Navy
Criminal Investigative Service. The police force that we have
is to provide the perimeter security for our bases, not for
crimes such as anything that they would commit----
Ms. Norton. So if there was an altercation or a criminal
act, now I'm dealing only within the facility, how would your
police force respond?
Admiral McKnight. They would respond as trained. They would
go to the scene and respond just like any officer who was
trained for those type----
Ms. Norton. Could they make an arrest?
Admiral McKnight. Yes, ma'am, on our installations. They
can make arrests on our installations.
Ms. Norton. Since it was an ordinary felony or misdemeanor
violation of the local jurisdiction, let's say, how would that
be processed and handled?
Admiral McKnight. If it was a military altercation, it
would be handled within the Uniform Code of Military Justice.
If it's a civilian infraction then it would be handled within
the civilian corps.
Ms. Norton. I understand that you are talking perhaps--you,
Admiral McKnight, are talking to the U.S. Attorney here.
Admiral McKnight. That's correct, ma'am.
Ms. Norton. Because you are among the agencies who have not
signed onto the Police Coordinating Act, which allows some
patrol around the perimeter. The whole purpose of passing this
act by Congress was to try to keep the crime from getting to a
particular facility. And I understand the difference between
you and other Federal police, but you are in conversations?
Admiral McKnight. Yes, ma'am. Last spring some of my
lawyers had a conversation with the U.S. Attorney's Office and
we're awaiting for their interpretation.
Ms. Norton. Thank you very much.
Chairman Tom Davis. I want to thank the Members for their
questions. I want to thank you for your testimony. It has been
very helpful to us. The hearing is adjourned.
[Whereupon, at 11:18 a.m., the committee was adjourned.]
[The prepared statement of Hon. C.A. Dutch Ruppersberger
follows:]
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