<DOC> [108th Congress House Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:87679.wais] ARE WE READY FOR PRIME TIME? ASSESSING THE STATE OF EMERGENCY READINESS IN THE NATION'S CAPITAL ======================================================================= HEARING before the COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ APRIL 10, 2003 __________ Serial No. 108-18 __________ Printed for the use of the Committee on Government Reform Available via the World Wide Web: http://www.gpo.gov/congress/house http://www.house.gov/reform ______ 87-679 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 COMMITTEE ON GOVERNMENT REFORM TOM DAVIS, Virginia, Chairman DAN BURTON, Indiana HENRY A. WAXMAN, California CHRISTOPHER SHAYS, Connecticut 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 MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland DOUG OSE, California DENNIS J. KUCINICH, Ohio RON LEWIS, Kentucky DANNY K. DAVIS, Illinois JO ANN DAVIS, Virginia JOHN F. TIERNEY, Massachusetts TODD RUSSELL PLATTS, Pennsylvania WM. LACY CLAY, Missouri CHRIS CANNON, Utah DIANE E. WATSON, California ADAM H. PUTNAM, Florida STEPHEN F. LYNCH, Massachusetts EDWARD L. SCHROCK, Virginia CHRIS VAN HOLLEN, Maryland JOHN J. DUNCAN, Jr., Tennessee LINDA T. SANCHEZ, California JOHN SULLIVAN, Oklahoma C.A. ``DUTCH'' RUPPERSBERGER, NATHAN DEAL, Georgia Maryland CANDICE S. MILLER, Michigan ELEANOR HOLMES NORTON, District of TIM MURPHY, Pennsylvania Columbia MICHAEL R. TURNER, Ohio JIM COOPER, Tennessee JOHN R. CARTER, Texas CHRIS BELL, Texas WILLIAM J. JANKLOW, South Dakota ------ MARSHA BLACKBURN, Tennessee BERNARD SANDERS, Vermont (Independent) Peter Sirh, Staff Director Melissa Wojciak, Deputy Staff Director Randy Kaplan, Senior Counsel/Parliamentarian Teresa Austin, Chief Clerk Philip M. Schiliro, Minority Staff Director C O N T E N T S ---------- Page Hearing held on April 10, 2003................................... 1 Statement of: Harp, Van, Director, Washington Field Office, Federal Bureau of Investigation; Teresa Chambers, Chief, U.S. Park Police; and Charles Ramsey, chief, Metropolitan Police Department.. 82 White, Richard, general manager, Washington Metropolitan Area Transit Authority; David Robertson, interim executive director, accompanied by Mary K. Hill, chair, Board of Directors, Metropolitan Washington Council of Governments; and Bob Peck, president, Washington Board of Trade......... 121 Williams, Anthony A., Mayor, District of Columbia; Mark Warner, Governor, Commonwealth of Virginia; Bruce Tuxill, Adjutant General, accompanied by Edward T. Norris, secretary of State police, State of Maryland; and Michael Byrne, Director, Office of National Capitol Region Coordination, U.S. Department of Homeland Security......... 13 Letters, statements, etc., submitted for the record by: Byrne, Michael, Director, Office of National Capitol Region Coordination, U.S. Department of Homeland Security, prepared statement of...................................... 65 Chambers, Teresa, Chief, U.S. Park Police, prepared statement of......................................................... 92 Clay, Hon. Wm. Lacy, a Representative in Congress from the State of Missouri, prepared statement of................... 198 Davis, Chairman Tom, a Representative in Congress from the State of Virginia, prepared statement of................... 4 Harp, Van, Director, Washington Field Office, Federal Bureau of Investigation, prepared statement of.................... 85 Peck, Bob, president, Washington Board of Trade, prepared statement of............................................... 184 Ramsey, Charles, chief, Metropolitan Police Department, prepared statement of...................................... 103 Robertson, David, interim executive director, and Mary K. Hill, chair, Board of Directors, Metropolitan Washington Council of Governments, prepared statement of.............. 154 Tuxill, Bruce, Adjutant General, prepared statement of....... 55 Warner, Mark, Governor, Commonwealth of Virginia, prepared statement of............................................... 32 Waxman, Hon. Henry A., a Representative in Congress from the State of California, prepared statement of................. 7 White, Richard, general manager, Washington Metropolitan Area Transit Authority, prepared statement of................... 124 Williams, Anthony A., Mayor, District of Columbia, prepared statement of............................................... 17 ARE WE READY FOR PRIME TIME? ASSESSING THE STATE OF EMERGENCY READINESS IN THE NATION'S CAPITAL ---------- THURSDAY, APRIL 10, 2003 House of Representatives, Committee on Government Reform, Washington, DC. The committee met, pursuant to notice, at 11:35 a.m., in room 2154, Rayburn House Office Building, Hon. Tom Davis of Virginia (chairman of the committee) presiding. Present: Representatives Tom Davis, Shays, Jo Ann Davis of Virginia, Waxman, Cummings, Kucinich, Clay, Van Hollen, Ruppersberger, Cooper and Bell. Also present: Representatives Wolf, Hoyer, Moran and Wynn. Staff present: Peter Sirh, staff director; Melissa Wojciak, deputy staff director; Keith Ausbrook, chief counsel; Ellen Brown, legislative director and senior policy counsel; David Young, counsel; David Marin, director of communications; Scott Kopple, deputy director of communications; Victoria Proctor, professional staff member; Teresa Austin, chief clerk; Joshua E. Gillespie, deputy clerk; Allyson Blandford, office manager; Shalley Kim, legislative assistant; Brien Beattie, staff assistant; Phil Schiliro, minority staff director; Phil Barnett, minority chief counsel; Kristin Amerling, minority deputy chief counsel; David Rapallo, minority counsel; Karen Lightfoot, minority communications director/senior policy advisor; Earley Green, minority chief clerk; Jean Gosa, minority assistant clerk; and Cecelia Morton, minority office manager. Chairman Tom Davis. Good morning. A quorum being present, the Committee on Government Reform will come to order, and I want to welcome everybody to today's hearing on emergency readiness in the national capital region. The national capital region faces some unique challenges in its emergency preparation and response planning. It is an area governed by two States, the District of Columbia and the Federal Government, each with its own police forces and emergency plans, but all closely connected by roads, bridges and mass transit. The District of Columbia is also the seat of government that employs close to 370,000 Federal employees, many of whom live in nearby Maryland and Virginia, and because of its unique status as the Nation's Capital, a multitude of government agencies must coordinate their efforts to respond effectively to emergencies. The Federal, local and State governments have taken a number of actions to improve coordination in emergency situations, but in recent weeks several incidents in the Capital Region have shown that there is much to be done in the way of planning, coordination, communication and informing the public. For example this past month a disgruntled tobacco farmer drove a tractor onto the Mall with a permit and threatened to detonate explosives and effectively held the area hostage for 47 hours. This incident seriously disrupted life and work in this region when traffic in the Capital's vital areas came to a standstill. Law enforcement agencies attempted to negotiate with the disgruntled farmer, but even as the Nation approached the eve of war, and the homeland security risk condition had been upgraded to code orange, control strategies were not escalated. Law enforcement agencies reported that their priority was to preserve the rights of a single man. Meanwhile the Nation's Capital was effectively shut down during three morning rush hours. Thousands of employees found their normal commute times exponentially increased. Federal and private sector employees were in traffic instead of doing their jobs. Federal and private sector employees could not make it home in time to pick up children or attend after-work obligations. Even Congress was impaired by the incident. Caucuses called off meetings, and hearings could not occur because Members who were stuck in traffic were not present. This lack of productivity represents a significant economic impact, and it is unacceptable. If local and Federal officials were not able to handle congestion problems created by one man, how will they handle an evacuation necessitated by a terrorist attack? When protesters, packages or acts of nature cause regional officials to close roads, the effects extend far beyond a mild inconvenience to commuters. Road closures also raise serious concerns about first responders' ability to react to other incidents. How can an ambulance best respond to calls and transport the sick and injured to hospitals when the roads are closed? How can the fire department arrive at the scene of a fire in a timely manner? For all the planning to prepare for emergencies, it seems that the numerous agencies and jurisdictions couldn't resolve the situation with a disgruntled farmer in a timely manner. We plan to examine whether they acted according to the book, and if so, whether it is time to revisit and rewrite the book. It cannot be said that there is a shortage of plans. The problem is making sure that the plans are workable and will meet the needs of all those involved. The plans need to be tested and coordinated. After the events of September 11th, the Federal Government invested over $432 million to assist regional jurisdictions to prepare to combat terrorism and respond to emergencies in the national capital region. I've asked the GAO to examine the budget and spending plans for Maryland, Virginia and the District of Columbia. This report will help Congress identify whether this region is sufficiently funded and is using the funds to its fullest capacity. We've assembled an impressive group of witnesses to help us understand the progress of the national capital region for planning and emergency preparedness response. We have three panels with us. The first will focus on government planning in the Federal, State and District level. The second will focus on law enforcement, and the final panel will focus on some of the private entities involved with emergency planning in the national capital region. We look forward to the testimony, and I would now yield to the ranking member, Mr. Waxman, for his opening statement. [The prepared statement of Chairman Tom Davis follows:] [GRAPHIC] [TIFF OMITTED] T7679.001 [GRAPHIC] [TIFF OMITTED] T7679.002 Mr. Waxman. Thank you very much, Mr. Chairman. I'm pleased that the committee is holding today's hearing on emergency readiness in the national capital region. Ensuring preparedness in this region is particularly challenging given the severity of threats facing the area and the range of Federal, State and local entities involved in responding to the threats across jurisdictional lines. This committee should do everything it can to promote optimal coordination of these efforts. I want to welcome the distinguished witnesses, who I know have devoted a lot of time and energy to regional preparedness. Your work may help prevent serious harm to many citizens of the national capital region--indeed it may already have done so and I know I speak for many others in telling all of you how much I appreciate your commitment to this effort. Our side will be anchored today by Representative Chris Van Hollen, a new member of the committee from suburban Maryland. Mr. Van Hollen represents this area and has devoted a lot of attention to ensuring that we have the best possible security plans. He will bring an invaluable perspective to this hearing and the tough security challenges we face. I also want to note that Congresswoman Norton of our committee has been tireless in her work to advance national capital region emergency preparedness. Ms. Norton's efforts include authorizing the original amendment that laid the foundation for the Office of National Capital Region Coordination, now directed by Mr. Michael Byrne, one of our witnesses today. Unfortunately, Congresswoman Norton was called out of town unexpectedly and could not attend today's hearing. This is a great disappointment to her, because she is actually the person who first suggested this hearing. Ms. Norton wanted this hearing for several reasons: One, to ask Mr. Byrne to describe his vision of what his job will entail; two, to obtain a status report on preparedness plans in this region to date; and three, to seek reassurance from witnesses about planning in the region, particularly in light of the recent increase in the alert level. I know that Ms. Norton had a positive recent meeting with Mr. Byrne and will be following up with him after the hearing. And finally, I want to commend Chairman Davis for having this hearing and for his great interest in homeland security issues. Thank you, Mr. Chairman. Chairman Tom Davis. Thank you very much. [The prepared statement of Hon. Henry A. Waxman follows:] [GRAPHIC] [TIFF OMITTED] T7679.003 [GRAPHIC] [TIFF OMITTED] T7679.004 Chairman Tom Davis. Mr. Shays. Mr. Shays. Thank you, Mr. Chairman. I have no formal statement other than to thank you for holding this hearing and to thank our distinguished panelists. They are all very distinguished in their fields of work. We appreciate what the Mayor is doing, what the Governor is doing, and what is happening in Maryland as well. And thank our officials, too. Chairman Tom Davis. Mr. Van Hollen. Mr. Van Hollen. Thank you, Mr. Chairman. I want to thank you for holding this hearing. I want to thank our ranking member, Congressman Waxman, for asking me to participate today along with him since I represent suburban Montgomery County here and Prince George's County. I also want to thank Congresswoman Eleanor Holmes Norton for her leadership on this issue, and my other colleagues here, it is great to have my other colleague from Maryland as well. Congressman Cummings and Congressman Ruppersberger obviously have a keen interest in this. Depending on how you define the national region, you can-- you know, and this is an issue that I know we're going to want to talk about exactly what constitutes the region that we want to plan for. We can enlarge it beyond what is actually in the statute itself, the homeland security statute, but I look forward to the discussion today about how we can improve security in our region. I would like to say at the outset that obviously the Washington region is not an island within the country. So although we're going to be focusing on this region today, it is important to understand that the resources that we dedicate to homeland security on a national basis have an impact on our security here. I mean, if a container ship was to come into a California port containing a nuclear weapon and was to come across the country to Washington, DC, that it obviously deals with our national domestic security readiness. And I was disappointed that efforts in the House recently to increase the appropriations and funding for domestic security have not so far been included in the supplemental appropriations bill. I hope that will be increased, because how we deal with this nationally, of course, has an impact on our region in addition to our specific efforts to get this region ready. So I want to thank the chairman for holding this hearing and thank my colleagues. Chairman Tom Davis. Thank you. Mrs. Davis. Mrs. Davis of Virginia. Thank you, Mr. Chairman. I'd like to say thanks to you for taking the time to discuss the security concerns of the Nation's Capital region. As a target of the terrorist attack of September 11th, it is imperative that our region be prepared to meet the challenges of this new world. Mr. Chairman, you've gathered a distinguished panel of policymakers, leaders and experts, and I'd like to thank you all for joining us today, and especially to you, Governor Mark Warner. I appreciate you taking the time to be here today representing our great Commonwealth on this very serious matter. I realize that the focus of this hearing is the Nation's Capital region; however, I'm very interested how this area is going to be defined. I certainly understand regional boundaries, but it's my hope that during this discussion today and in the future, that critical infrastructure for this area is not simply seen as inside the Beltway. After all, God forbid if we must endure a future attack, it is imperative that outlying areas, including the Interstate 95 corridor through the Fredericksburg region, which is Virginia's fastest growing region over the past decade, and maybe even down into the Richmond area, that they are equipped and properly funded to supply a mass exodus from Washington. I thank you again, Mr. Chairman, and I look forward to today's testimony. Chairman Tom Davis. Thank you very much. The gentleman from Tennessee. Mr. Cooper. Thank you, Mr. Chairman. I just wanted to extend a particularly warm welcome to my friend and former classmate, the Governor of the Commonwealth of Virginia, Mark Warner. Chairman Tom Davis. Thank you very much. The gentleman from Maryland. Mr. Cummings. Thank you very much, Mr. Chairman. I want to express my appreciation for you holding this hearing today. Mr. Chairman, in the audience we have our superintendent of the Maryland State Police, Ed Norris, and when I see him there, I cannot help but think about when he was serving as the head of the Baltimore City Police, he and our mayor, I mean, many, many months ago, they were the first folks that I ever heard really talk about homeland security. I don't know whether you used that term, but the fact is, is that he stood up when so many other people were silent. And now this issue has become a major issue, and I'm so glad I want to take a moment to thank him and our mayor, Mayor O'Malley, for standing up on this issue. I'm sure that we will hear quite a bit of testimony, but one of the things that we need to be very clear on is that it takes money to do these things. You know, we can go, we can sit here and talk from now until ever more about how we want things to be, but the fact is, Mr. Chairman, our State governments are suffering. I know what you've gone through, Governor Warner, and it's been very tough, and we're going through the same things in Maryland. And so I'm hoping that not only will we learn about the preparedness, but we need to know what this Federal Government needs to be doing to help the city of Washington, the State of Maryland and Virginia, because that's the real deal. I don't want us to be in a position where we have motion, commotion and emotion and no results, and the only way we're going to have results is to do what Ed Norris said many, many months ago. First, put our money where our mouths are; and No. 2, maximum cooperation between the Federal Government and our State and local officials. And so I'm excited about this hearing. I'm glad that all the witnesses are here, and let me be one of the many here to thank all of you for what you are doing to protect the citizens of this great country. We're going through some very difficult times, and you have a tremendous amount of responsibility on your shoulders. And it is up to us in this Congress and certainly the executive branch to help you help our citizens and protect them. Thank you, Mr. Chairman. Chairman Tom Davis. Thank you. Mr. Ruppersberger. Mr. Chairman, first, I'm happy that we have such a great panel here today. I think this issue is one of the most important issues that we have to deal with. There's been a lot of focus on the war, but we have to focus on our homeland security. I like to call it hometown security, because I think we need to focus on the hometown, not only Washington, DC, but the entire region and the region as represented here today. I was a county executive in Baltimore County on September 11th, and along with other county executives and the mayor of Baltimore, we worked very closely to try to address the issues that we hadn't addressed for a long time. I've always believed that you can turn a negative into a positive, and I think as a result of what happened on September 11th, that there's been a lot of refuges on what we need to do to protect ourselves from terrorism. And I think it's very important, and that's why I really like seeing this panel here today, that it be done in a regional basis, teamwork basis, issues such as mass transit and how do we deal with it. We need to make sure that we continue to get our intelligence. We need to make sure that we have the teamwork, both Federal, State and local. You know, a lot of leads come from local government, but just because you get information and you get the information, you also have to do something with that information. And the final thing is the resources. I think it's extremely important that we refuges some of our moneys in the Federal Government into the issue of homeland security, hometown security, and that a lot of that should go to the States and the local government, because the first responders will be our police officers, our firefighters and our health officers, and if we don't protect them and their lives and give them the equipment and the resources, they will not be able to protect us. Also, General Tuxill, I acknowledge that you're here today. We've had a good relationship in my former job and now, and good luck. I see Superintendent Norris. Thank you for being here. I know you bring a lot of knowledge from New York and the State of Maryland, and we're looking forward to all you do to protect us and the State and the entire region. Thank you. Chairman Tom Davis. Thank you. I ask unanimous consent that Representatives Hoyer, Wolf, Moran and Wynn, who are not members of the committee, be permitted to participate in today's hearing. Without objection, so ordered. Mr. Moran, would you like to say anything? Mr. Moran. Sure. Thank you, Mr. Chairman. I just came from a hearing of the legislative branch on security. I suspect that--in fact, I'm confident anything that needed to be said has been said, but sometimes we find another way of saying it. Just last week we had tens of thousands of people delayed for at least an hour because we had an accident on the 14th Street bridge, and I know the reason is because they were going through the mechanics of insurance processing. Those vehicles need to be moved out of the way. It is much too costly economically, socially, every other way to cripple the Nation's Capital for an automobile accident. And this tractor man business where we have one guy in a tractor able to bring the Nation's Capital to a grinding halt can't happen again. Imagine if we had had some kind of attack when everything was ground to a halt? It should serve as a warning to us. It should serve as an opportunity to figure out a way to move things along. You know, I don't want to be too harsh about this, but I think sometimes we deal with these things with kid gloves. You know, our first concern is that we show the political sensitivity that we feel we need to one individual and make sure that we don't harm them or upset them. Same thing happened on the Wilson Bridge. We got a guy that crippled Washington for an entire day--I think it was more than a full day--because he was threatening to jump. He finally jumped. He jumped into the water. No harm done. And now--I know it wasn't well received when I suggested we should have just pushed him, but I think we can come up with some more practical approaches than we're implementing right now. And I appreciate the fact that the chairman gave me an opportunity to listen in on this hearing, because there are few things that are more important to people than when you disrupt their lives. You don't give them an opportunity to get back to their child's day care center in time. When the kids are stuck at school, when they've got important things at work and everything grinds to a halt because of one, two or three individuals, it is wrong. We've got to figure out a way to stop it. If not for the economic reasons, now for the national security reasons. So that is all I wanted to say, Mr. Chairman. I suspect others have said it, and I thank you for giving me an opportunity to say it as well. Chairman Tom Davis. Thank you. We have a very distinguished panel here today. We have the Mayor of the city of Washington, Tony Williams. We have my Governor, Mark Warner, who has been a leader, by the way, in transportation and traffic. And, Mark, I appreciate everything that you're doing. We have Major General Tuxill from Maryland State Police, and Mr. Byrne is the new coordinator for homeland security for the Washington metropolitan region. It is the policy of the committee we swear our witnesses. So you just rise with me and raise your right hands. [Witnesses sworn.] Chairman Tom Davis. Thank you. Why don't we start with the Mayor, move to the Governor and move right down. Tony, thank you for being with us today, and we appreciate the job you're doing as well. STATEMENTS OF ANTHONY A. WILLIAMS, MAYOR, DISTRICT OF COLUMBIA; MARK WARNER, GOVERNOR, COMMONWEALTH OF VIRGINIA; BRUCE TUXILL, ADJUTANT GENERAL, ACCOMPANIED BY EDWARD T. NORRIS, SECRETARY OF STATE POLICE, STATE OF MARYLAND; AND MICHAEL BYRNE, DIRECTOR, OFFICE OF NATIONAL CAPITOL REGION COORDINATION, U.S. DEPARTMENT OF HOMELAND SECURITY Mayor Williams. Thank you, Mr. Chairman. I have a long history of working with the District of Columbia Subcommittee, and I look forward to working with the main committee with you as Chair and Congressman Waxman as the ranking member; certainly look forward to working with Congressman Norton in this capacity. I'm sorry she's not here. She has called for an examination and review of this issue. We look forward to working with my good friend of longstanding, Congressman Van Hollen, and all of the members of the committee. Thank you for your interest and your oversight and your support. I'm going to try to abbreviate my remarks, because of the time constraints of the committee and also because we do have a distinguished panel with many, many things to do. The chairman has spoken of the gravity and the need for this kind of review and the complexity and demands of the national capital region. So I will quickly report on two major elements of our planning effort and leave it to the rest of the panel to touch on other areas. In fact, the leadership of the District, the State of Maryland and the Commonwealth of Virginia have established an unprecedented level of cooperation among our jurisdictions in the national capital region. Each jurisdiction has designated our respective homeland security directors and the directors of our emergency management agencies to form something called the Senior Policy Group. The Senior Policy Group is charged with defining and implementing strategic objectives for achieving security across the jurisdictions. This group and work groups created by it have strengthened relationships with one another, local jurisdictions, Federal agencies, and public and private organizations in the national capital region. In August 2002, a national capital region summit was convened. The summit produced an agreement among former Maryland Governor Glendening, Governor Warner and myself. We are committed to work together to fulfill the following eight commitments to action: One, terrorism prevention; two, citizen involvement in preparedness; three, decisionmaking and coordination; four, emergency protective measures; five, infrastructure protection; six, media relations and communication; seven, mutual aid; and eight, training and exercises. Now, as Governor Warner, Major General Tuxill and Michael Byrne continue with their remarks, we will collectively cover all of these eight commitments, and I'm going to provide some information on two of the commitments to action: One, citizen involvement in preparedness; and, two, media relations and communications. I understand that you've requested information specifically on regional cooperation; appropriate roles and responsibilities; transportation, evacuation and street closure planning. Also you've requested information on medical assistance and response preparedness, telecommunication and communication implementation and coordination. As we review the eight commitments to action, we will cover each of these topics as they fit into and within the interjurisdictional planning context that we've developed in these commitments to action. So without further ado, to talk about citizen involvement and preparedness, the goal of this commitment to action, it is to utilize mechanisms for regional cooperation in endorsing and implementing citizen core programs within the national capital region. To date, partners in the region have succeeded in integrating the operations and planning of our citizen core programs, including regular regional meetings and exchanging program information and outreach activities. The offices are also developing action plans for coordinating Neighborhood Watch programs, Volunteers in Police Service, and Medical Reserve Corps. In times of emergency, our citizenry is one of our most valuable resources. Effective management of this resource is critical to ensuring an efficient response. Programs such as Citizen Corps, Volunteers in Police Service and Medical Reserve Corps provide a mechanism to engage citizens, identify specific skills, and provide community members with training opportunities. These programs are beneficial by increasing awareness, by establishing response plans, and developing a better-educated citizenry. I myself have had four or five town hall meetings in our city. Citizens want to be involved. Hundreds of citizens are showing up at these meetings, and these citizens recognize that often the first response will be citizens, and God forbid we were to have a major event and--or major technological tools are no longer at our disposal, we may be relying on more classic means of notification and citizens themselves for notifications within their community. So this is very important, and the President's emphasis on Citizen Corps could not be coming too soon. One of the most important ways citizens can help mitigate the efforts of an emergency is to learn how to prepare their household in an emergency. The American Red Cross, the Commonwealth of Virginia, the State of Maryland and the District have all released preparedness guides specifically targeted to help households plan for emergencies. Here in the District we've distributed more than 1 million copies of our Family Preparedness Guide. We've translated it into seven languages and Braille, and we've distributed it in public schools, libraries, clinics, public meetings, community forums, as well as through the Washington Post. Now, one of the issue areas you've inquired about in preparation for this hearing is transportation and evacuation, particularly as the issue has been accentuated by the incidents and the episodes that the Chair and Congressman Moran have alluded to, the tractor man, for example. This is an area that intersects with a strategic policy group goal of citizen preparedness. Clearly an area of major concern for those who work, visit and live in the District is being prepared for any incident that would require knowledge of how to safely exit the city in the event of an emergency. To address this concern, the District and Maryland and the Virginia Departments of Transportation entered into a memorandum of understanding to develop a regional transportation strategy. As a result of this partnership, event evacuation routes were established and clearly marked with signage. During a public incident, 70 critical intersections in the District will be staffed with uniformed police officers to assist in the evacuation process. Now, I may say parenthetically that in talking to Mr. Byrne and in talking with Governor Warner and Governor Ehrlich, we have all asked for an after-action report for lessons learned from the tractor man incident, and I don't mean to minimize the lessons that can be learned from that and the need to take action quickly as a result of that, but I do want to stress before the committee one important point, as I do at every public forum, and that is most often the right thing to do during an emergency is to stay exactly where you are. Evacuation of the city or even a large portion of it would be a very rare and extraordinary occurrence, and I think it's important for citizens to know that. Let me briefly touch on another key point and priority area in our planning, and that is media relations and communication. The goal of this commitment to action is to develop processes and protocols for use of a virtual joint information center for the region during response to a major emergency, bringing together a coordinated voice to our public and to the media. We're all one regional community. We need to speak with one voice. In addition to increasing public awareness within the District of Columbia, the region has made great strides and coordination since September 11, 2001. On that day communication between levels of government, between local government and the Federal Government left much to be desired. We all know that. While local authorities have a variety of resources to verify incidents, the general public and even governments in the region across the country must sometimes rely on media reports for information. Interjurisdictional coordination with the media is imperative to ensure that the message put forth by the Federal Government and the jurisdictions is consistent. Developing a joint information system to serve as an ongoing operational concept will allow each organization to maintain its unique identity while being viewed as part of a whole. Now, interjurisdictional communication is also essential. The District, Virginia and Maryland each have emergency operation centers that function 24 hours a day and can contact key emergency response personnel throughout the region. Our emergency operations centers are equipped, excuse me, to secure video telecommunications so that we're able to communicate and coordinate face to face during emergency situations. Through our own emergency management agency, we're also able to access local leadership, the local county executives, for example, via a regional incident communication and coordination system. So the long and short of it, Mr. Chairman, members of the committee, is that in the area of these eight policy goals, progress is being made. Yes, there is a need to make sure that in terms of policy, plans and principles, that action is being taken, but I believe that we're well on our way, and I believe that as a result of September 11th, we are achieving an unprecedented level of cooperation and coordination between and among our region, and I'm proud of it. Chairman Tom Davis. Mr. Mayor, thank you very much. [The prepared statement of Mayor Williams follows:] [GRAPHIC] [TIFF OMITTED] T7679.005 [GRAPHIC] [TIFF OMITTED] T7679.006 [GRAPHIC] [TIFF OMITTED] T7679.007 [GRAPHIC] [TIFF OMITTED] T7679.008 [GRAPHIC] [TIFF OMITTED] T7679.009 [GRAPHIC] [TIFF OMITTED] T7679.010 [GRAPHIC] [TIFF OMITTED] T7679.011 [GRAPHIC] [TIFF OMITTED] T7679.012 [GRAPHIC] [TIFF OMITTED] T7679.013 [GRAPHIC] [TIFF OMITTED] T7679.014 [GRAPHIC] [TIFF OMITTED] T7679.015 Chairman Tom Davis. Governor Warner, thank you for being with us today. Governor Warner. Mr. Chairman, members of the committee, thank you for the opportunity to appear. Mr. Chairman, I want to commend you as well on your foresight in holding this hearing at this point. I think it is absolutely critical. I'd like to extend greetings as well to my friends from the Virginia delegation, Mrs. Davis and Congressman Moran, it was great to see you, and respond as well to my former law school classmate Mr. Cooper from Tennessee. It's good to see you back in Congress. I want to touch briefly in my remarks as well as echo what the Mayor has already said in terms of the very close working relationship that has developed between the Commonwealth of Virginia, Mayor Williams, and Governor Ehrlich and his team, and Michael Byrne. You have my written statement. I'll just make a few brief comments. Obviously with our Nation focused so much on the war in Iraq at this point, Mr. Chairman, I think it is also very appropriate that you hold this hearing for us to refocus our efforts as well on our mission here at home. We must ensure the preparedness of Virginia, the national capital region and the Nation for all sorts of emergencies and disasters, including terrorism. Obviously this mission involves the citizens, the news media, the private sector, State, local and Federal agencies, and it is, frankly, a mission that requires us to put aside the traditional jurisdictional battles. My comments today are built around two fundamental principles. If we're going to be fully prepared to address emergencies in the national capital region, we must coordinate at all levels, and we must have the resources to get the job done. I'm pleased to report that we have established clear procedures and lines of communication between all the jurisdictions in the region, the Federal, State and local level. The level of cooperation, as the Mayor said, is unprecedented, and I believe that it can serve as a model for the rest of the country. If the neighboring jurisdictions can cooperate effectively in the national capital region, they can do it anywhere. In addition, it is clear that Federal support remains a critical component of this region's preparedness efforts. On behalf of the three jurisdictions, I want to thank you and your colleagues for the recent funding for high-threat urban areas. This down payment is an important step in the right direction, but it is only a first step. We are aware of your ongoing work on the supplemental appropriations bill for this year, and we are grateful for the additional sums that it will contain for our homeland security efforts. Clearly we are better prepared for emergencies and disasters than we were before September 11th. We are all giving much greater attention at all levels of our respective governments, but much more has to be accomplished. Our work in Virginia and with our partners in the national capital region is designed to achieve solutions to the unique challenges of this region. Like all State governments and local governments, we have to do this during a period of unprecedented fiscal crisis at the State and local level. We have done so mindful, though, of the region's unique needs and responsibilities to the Nation. My Secure Virginia Panel is providing important leadership in the homeland security area. I've selected former Lieutenant Governor John Hager, who is with me here today, to serve as my Assistant for Commonwealth Preparedness, a new cabinet-level position we created to coordinate Virginia's homeland security efforts, and I appreciate all the good work that that panel has done. Cooperation is key to our ability to deter and prevent attacks, reduce vulnerability and, if necessary, respond and recover. We also must continue to educate and inform, as the Mayor has outlined in some of his comments. Obviously, the safety and preparedness of this region is critical to the national and economic security of America. As the Mayor indicated, the Mayor, former Governor Glendening, Secretary Ridge and I met in August and prepared a plan for the region. Out of that effort came the eight points that the Mayor outlined and the ongoing efforts of senior policy leaders in each of our respective jurisdictions to work together. Now, this need for closer coordination is not to suggest that any single effort alone can accomplish this goal. We're all working together, but as well, we have a series of other ongoing partnerships and relationships. The Washington, DC, Metropolitan Council of Governments, the Potomac Conference of Greater Washington Board of Trade and the Northern Virginia Regional Commission are among the many organizations that are continuing to pursue goals in this area as well. We remain steadfast in maintaining strategic focus across the national capital region and in moving forward on all eight areas of commitment. Now, the responsibility for achieving the needed coordination is a role for State, local and regional leadership. The Senior Policy Group that the Mayor has mentioned continues to meet, and I continue to be updated on those meetings. And I want to echo what others have already said, that the Commonwealth applauds the selection of Mike Byrne to serve as the Director of the Office of National Capital Region Coordination. Mr. Byrne has already proven that he will be a strong asset in achieving solutions. He is personally leading a continuing effort to maintain the effort we started. As the Mayor addressed two of the eight issues, I'd like to address three other priority areas that we outlined and that we continue to work on. First, terrorism prevention: While much of our focus continues to be on how to best respond when attacks occur, it is also clear that steps to deter and prevent attacks are equally important. Consequently, we cannot overstate the importance of continuing to aggressively share information between the Regional Joint Terrorism Task Forces and the Antiterrorism Task Forces with our local, State and Federal members. Now, progress has been made in developing templates for regional law enforcement intelligence reports, establishing better reporting communication, and integrating information technologies to support these efforts. We cannot afford any weak links, and this information-sharing effort is designed to guard against critical information slipping through the cracks. Anything Congress can do to encourage and promote better information will be crucial to this effort. I think we've seen the increased level of cooperation when we all had to live through those 3 very challenging weeks last fall with the snipers, but the law enforcement cooperation in that effort was unprecedented. Second, infrastructure protection: In the national capital region, we recognize that government alone cannot do it all. That is why we are committed to work with the private sector to identify and set protection priorities for infrastructure assets and services, such as computer systems or communication networks, and as we all know, Mr. Chairman, with over half the Internet traffic in the world passing through northern Virginia, this is terribly important for the Commonwealth. Specifically, we have partnered with the Greater Washington Board of Trade to identify private sector core groups to help manage this complex but critical public-private effort. The three jurisdictions have agreed to leverage the resources that Congress has provided in joint cooperation efforts, working across each sector in the region. I'm pleased to report, Mr. Chairman, that the Virginia General Assembly has recently enacted legislation to promote information-sharing relative to threats to critical infrastructure. This new law was modeled on the legislation that you sponsored at the Federal level. Third, training and exercises: Our commitment in this area is to coordinate plans for terrorism and security-related training across the national capital region. Clearly the best way to do this is for first responders, managers and leaders to train and conduct preparedness exercises together. To that end, we have shared training courses being offered throughout the region, and we are encouraging cross-jurisdictional and private sector participation. Next month we will participate in the TOPOFF II national exercise to test command and control, information-sharing and joint information dissemination capabilities. This fall we will conduct a joint regional full-scale field exercise with first responders. Again, this cooperation and sharing of information allows us to stretch our resources further. In conclusion, let me mention that the national capital region's security depends on Federal partnership and support. As a matter of philosophy, no Federal responsibility is more fundamental than defense of the homeland, and nowhere is this more true than the Capital region. And as a practical matter, State and local governments simply do not have the resources to pay for this all on its own. Second, we would ask that you give existing homeland security funding procedures a chance to work. I understand there's growing pressure for Congress to fund homeland security efforts directly to local governments, bypassing States. I would say that such efforts should be approached with caution. In some cases, they could weaken efforts to promote cooperation between neighboring jurisdictions, or they can simply be funds not well spent. As I said at the outset, if we can cooperate, then we can accomplish a great deal. Since we've moved to code orange, in Virginia, for example, the State is disproportionately bearing the additional burdens brought about by code orange by increased State police presence at our critical infrastructure sites, increased presence at our health department, increased staffing at emergency control centers. So, please, before we move away from the existing funding formula, please give us a chance to work this through, because the State participation is absolutely essential. Finally, as I know you know, Mr. Chairman, and the members of your committee, there is only one National Capital, and we have a special responsibility to protect this region. Obviously we recognize that any emergency here would affect not only the jurisdictions bordering the District of Columbia, but their neighbors as well. Again, I appreciate the opportunity to join you. I'm proud of the work that we're doing here in the national capital region, and on behalf of the Commonwealth, let me recommit to continuing to work with our colleagues in Maryland, the District, and, Mr. Byrne, to ensure this important priority is maintained. Chairman Tom Davis. Thank you very much. [The prepared statement of Governor Warner follows:] [GRAPHIC] [TIFF OMITTED] T7679.016 [GRAPHIC] [TIFF OMITTED] T7679.017 [GRAPHIC] [TIFF OMITTED] T7679.018 [GRAPHIC] [TIFF OMITTED] T7679.019 [GRAPHIC] [TIFF OMITTED] T7679.020 [GRAPHIC] [TIFF OMITTED] T7679.021 [GRAPHIC] [TIFF OMITTED] T7679.022 [GRAPHIC] [TIFF OMITTED] T7679.023 [GRAPHIC] [TIFF OMITTED] T7679.024 [GRAPHIC] [TIFF OMITTED] T7679.025 [GRAPHIC] [TIFF OMITTED] T7679.026 [GRAPHIC] [TIFF OMITTED] T7679.027 [GRAPHIC] [TIFF OMITTED] T7679.028 [GRAPHIC] [TIFF OMITTED] T7679.029 [GRAPHIC] [TIFF OMITTED] T7679.030 [GRAPHIC] [TIFF OMITTED] T7679.031 [GRAPHIC] [TIFF OMITTED] T7679.032 Chairman Tom Davis. The bells that went off are just three votes over on the House floor. What I would like to do--Mr. Byrne, I don't know what you and General Tuxill's schedule is, but if we could do questions really quickly to the Mayor and the Governor, we could dismiss them, and then you could have a half-hour break, and we could come back, and you could give your statements and ask questions. Would that be acceptable to you? I really appreciate both of you being here. I think you're both doing a great job under difficult circumstances, and you've always been cooperative with us on these issues. Let me ask--Mr. Shays, any questions? Mrs. Davis, any questions? Let me ask over here, Mr. Van Hollen. Mr. Van Hollen. Thank you, Mr. Chairman, and welcome to both of you. It is good to see you, the Mayor, and my classmate from graduate school. And, Governor Warner, welcome to you as well. And we don't have much time, so my question gets to a point raised by Congressman Cummings early on, which is to translate these plans and ideas into reality, we obviously need resources. There is the resources we need at the Federal level, nationally, then, of course, the resources we need locally in terms of first responders. I'd like you both to assess the adequacy of the resources that you've been receiving from the Federal Government. There was, as you know, an expectation at one point of many higher resources, and Lieutenant Governor Hager described recently the amount of resources that Virginia got as a real let-down, because you've been expecting $80 million, and you got $12.7, and he described it as peanuts. And it was definitely compared to what the expectations were. So my question to both--and I know the District has been bearing a lot of the burden of going to code orange, as you are in Virginia. My question is, are you receiving an adequate level of resources for first responders and other requirements? If not, what do you think an adequate level of resources would be? And where are the shortfalls right now? Where would you be spending those additional resources, and what's the risk if we don't provide those adequate funding? Governor Warner. Well, the short answer to the first question is, no, I don't believe we are receiving the adequate resources. We have the expectation last fall, as Lieutenant Governor Hager has indicated, of substantially more dollars. What that does is it raises the expectations amongst the first responders. When they don't see their dollars, their ability to plan, to move forward is seriously impaired. That ratchets up the pressure for some of the first responders to say, well, let's just bypass the State and bring these dollars straight to the local community. Whereas, when we moved right now up into code orange, well, local governments are having increased costs--a really disproportionate share is being borne by the State in increased State police presence, in increased presence, for example, in terms of the higher levels of the health department, higher levels at our emergency control center, and consequently we're getting squeezed both ways. Those are dollars that we haven't planned for, allocated for, and the cost is not a line cost, a linear cost, because depending on how long we're at code orange, you can only build in so much overtime. You're then going to need additional personnel. And so that cost rises exponentially. Mayor Williams. Mr. Chairman, I would look at two things, Congressman. One is operation, and the other is capital. As many people know on the capital front, the District has been-- how can I be diplomatic--uniquely treated, and so we have been given the dollars we need, both in terms of categorical grants with health and bioterrorism, as well as a grant of around $156 million for general preparedness funding in the capital. And that is, as the chairman is saying--and I welcome a review by the GAO, and it ought to be. On the operational front, thanks to the leadership of many of you, we've received $50 million reimbursement beginning in 2003, and so if you would ask me what is the real need at some increment that we're experiencing above that $50 million per year where we're going beyond that to meet responsibilities like protests, you know, terrorism threats, threat levels and the like, so it's really largely a personnel cost. I would also add, I think--just as I think our regional cooperation can, I think, set a model for the rest of the country, I think the review of this committee can set a model for the rest of the country, and I would urge the committee in your conversation with Mr. Byrne to look at the State and local advisory component of the President's Homeland Security Advisory Council. We recommended to the President a package of criteria for funding State and local, regional response plans. I, actually serving as vice chair for that panel, think it is a good set of criteria. My point is that I think it's important that we get the funding, and also important that we have a consistent set of criteria that are flexible at the local level across the country to use the funding. Chairman Tom Davis. Thank you. Thank you, Mr. Van Hollen. We're going to have to leave in just a minute. I know Mrs. Davis has a question. Let me make just one comment. First of all, I appreciate everything you're doing, and for Governor Warner, I don't think anyone has been more proactive in trying to get transportation dollars and moving traffic than you have in a generation, and I mean that, and I appreciate what you've been working on. One of our concerns, and Mr. Moran expressed it earlier, is we're going to have to look at routine traffic incidents and others with the idea of moving the flow, and if you'd work with us maybe on writing a new book or whatever, and Governor Warner mentioned it as well. This is a huge concern to commuters coming in, and we are going to have to find the right balance. If you'd just work with us on that, if nothing else comes out of this hearing, but understanding that is very important to the operations of government as well as to our constituents, I think that it will be successful. Mrs. Davis. Mrs. Davis of Virginia. Thank you, Mr. Chairman. Just real quickly, Governor, I've been married to a retired first responder for 28 years, and he served in the fire department for almost 30 years and just recently retired, and so consequently I've met with a lot of the first responders, and their complaint to me is that the money goes to the State, and they never see it. How do I respond to that? And they tell me there's plenty out there. They just can't get it. Governor Warner. Mrs. Davis, I only wish that were the case. We actually are very proud of the fact that as the Federal Government moves dollars into programs, we've had--I know there was an issue raised, for example, yesterday with Arlington. On average we've been able to get those dollars from the time we receive it, out into the field in about a 60-day timeframe. As a matter of fact, there's a new series of dollars up right now that--in terms of additional planning dollars that are--requests were due March 31st--the dollars will be out by the end of May. I think what has happened, and I think Lieutenant Governor Hager touched on this yesterday, is there's a lot of information out there from first responders thinking that these are kind of untapped pots of dollars. But as you know, we had an expectation at the State level of receiving $85 million. We received $12 million. I'm not sure of the fact that what we ultimately received ever trickled down to the first responders, and they had hopes and expectations of much larger dollar amounts. What we are going to continue to do is make sure the first responders know what kind of ultimate dollar amount we end up with, but we feel very pleased that we're working on about that 60-day turnaround from the time we get the dollars to getting those dollars out the door. Mrs. Davis of Virginia. Do they have to request the dollars? Governor Warner. Yes. I think the chairman touched on this earlier. Looking at how all these dollars are spent, the value of having the State be part of the intermediary of this process is to ensure that there is coordination between all of the efforts of the local first responders. If not, you could end up with a hodgepodge of equipment and training going on out there and not allow us to go then into the coordinated fashion, not only within the State, but also as we look at interjurisdictional requirements. It is absolutely essential that we have that accountability with these Federal dollars flowing down to the first responders. Mrs. Davis of Virginia. Thank you, Governor, and I'd love to work with you on that if I could. Chairman Tom Davis. Thank you. I'll give Mr. Moran the last word here. Mr. Moran. I'm not going to ask a question, because I know, Governor, that you're doing a great job, with former Lieutenant Governor Hager, for the State. But I just have some comments I want to make, and I first want to make a comment to Tony Williams to think about. Federal transportation officials tell us that they are not aware of any citation being issued in 20 years for hazardous materials trucks going through populace areas, even though there is a law that says that you're supposed to use any alternative routes unless there's no practicable alternative available. They're still using major highways, Southeast Expressway, etc., right through the city. A couple tickets, and the word might spread with some of the HAZMAT trucks. And with regard to the State, I hope we're making progress in getting the hotels and the hospitals available if we did have some kind of spread of a serious infectious disease, that we move people out and make those beds available. And last, we get thousands of our trash trucks going through the Washington area, going to these major trash disposal places in California. California and Pennsylvania have more than any other State, as you know, Governor. I know you're concerned about that. We never check what is in those trash trucks coming particularly from New York or New Jersey. Once in a while a little--I don't know how the heck you do it, but I know that's an area of vulnerability we ought to think about. And thanks for being here at the hearing and for what you're doing. Chairman Tom Davis. Thank you both for your leadership. We look forward to working with you, and I'll recess. We'll get back about 5 minutes of 1. Thank you. [Recess.] Chairman Tom Davis. General Tuxill, we will let you go next and Mr. Byrne. The hearing will be resumed. General Tuxill. Thank you very much, Mr. Chairman. Chairman Davis and distinguished members of the committee, I am Major General Bruce Tuxill, the Adjutant General for the State of Maryland. And while it may seem strange to have someone in uniform here, I have Maryland Emergency Management under me. I am here representing Governor Ehrlich. He wished he could have been here today, but truly appreciates your focus on homeland security in the national capital region. I would like to extend my thanks and the Governor's thanks to Representatives Elijah Cummings, Dutch Ruppersberger and Chris Van Hollen for their service on this committee and especially their interest in homeland security. Maryland has been working with the District, with Virginia and the Department of Homeland Security, now, and since September 11, 2001 on our mutually supportive preparedness efforts for the national capital region. At the strategic and policy level, Maryland's homeland security Advisor, Tom Lockwood and Emergency Management Director, Mr. Don Keldsen, have worked closely with their counterparts within the NCR Senior Policy Group. I and other members of this panel testifying today will elaborate on the eight commitments as the Mayor briefed. And for us--for me it's the Emergency Protective Measures and Mutual Aid. And interwoven in my talk, I will address though, as mentioned by the Governor and the Mayor, we have been working together with our partners represented on this panel. We are very pleased that Mike Byrne was selected as the Director of the Office of National Capital Region Coordination. He truly is a catalyst for the effective Federal integration agency coordination within the region. Two, he understands our State and local perspectives. In the State of Maryland, we have collaborated through the Maryland Terrorism Forum. Action groups operating within the Forum use cross-discipline representation to include emergency management, law enforcement, health, fire, emergency, medical, transportation and the National Guard. Action groups exist for equipment, training, emergency public information, advanced technology and communication, and health and medical. We have incorporated new partners such as the U.S. Attorney's Office, and we are active participants in the Antiterrorism Task Force for Maryland. Cooperation with the local governments within the NCR is enhanced by Regional Planning and Coordination Forums on at least a quarterly basis. The private sector is the owner of most of the critical infrastructure in the Nation and the region. Thus a partnership between Government and the private sector is essential. We have collectively embarked on a Critical Infrastructure Protection Planning Session in the region and across the State of Maryland. You will hear more about that from one of our partners, the Greater Washington Board of Trade. Because the private sector is also comprised of the general citizenry, our joint government and private sector responsibility is to inform them of what they need to do to prepare for an incident and what to do when an incident occurs. Additionally, while not having an operational role or authority from either the State or local perspective, the Committee of Government has served a very useful role in the coordination and spreading of the word to the various publics. Maryland has been a dedicated partner with Virginia and the District on transportation issues on a daily basis, and also in the planning to overcome the repeat of the September 11th traffic situation. Much progress, as the Governor and the Mayor have mentioned, much progress has been made in transportation planning for an incident in the region, including clearly marked routes, the capability to synchronize signals across jurisdictional lines and alternate route planning. The pier transportation planning and coordination aspect is just part of the solution. Street closures in the District are complicated by security issues and a large number of independent authorities beyond the three branches of Government. Mike Byrne has been instrumental in the creation of a Joint Federal Committee, a standing committee to address the multitude of coordination issues within the Federal family in the region. We have committed to develop a common set of protective measures to protect the health and safety of the public in the event of a major emergency in the region. OPM, FEMA and GSA have coordinated plans for the staged release of Federal employees which would avoid putting everyone in the ``Exit D.C.'' mode at the same time. These protocols have been coordinated with the District of Columbia, the States and also the private sector. Another aspect of this issue is the commitment to mutual aid. Fortunately, Maryland, Virginia and the District are all signatories to the National Emergency Management Assistance Compact [EMAC], which provides a quick and effective mechanism to provide all types of assistance when an emergency is declared by one of the jurisdictions. Maryland has a statewide Hospital Emergency Department Communications Network, which optimizes effective emergency medical services dispatch and can coordinate responses within the District and Virginia as necessary. In the health arena, we partner with the District of Columbia and Virginia on syndrome surveillance and other disease indicators to enable us to rapidly identify trends. In terms of emergency protective measures, we collectively learned from the anthrax attacks, from the smallpox vaccination planning and recently the severe acute respiratory syndrome [SARS] infections. Protocols are shared among health officials in terms of mutual aid. Coordinating of credentialing medical personnel across State lines is ongoing. Maryland, Virginia and the regional local jurisdictions are connected for telecommunications to the Washington warning and alert system, a dedicated circuit. The States and D.C. are connected through FEMA, regional dedicated circuits, radio nets and satellite capabilities. On a daily basis, we are alerted to incidents having a regional impact through the Regional Incident Coordination Communication Center System [RICCS], via e-mail, pager and/or cell phone. Mutual aid communication resources may be available through Emergency Management Assistance Compact, depending upon the necessity for interoperability. In closing, let me say that the level of cooperation and collaboration among the partners of the national capital region, regardless of one geographical definition, continues to be remarkable. I applaud all involved for making this a cooperative effort and making it work so well. Chairman Tom Davis. Thank you very much. [The prepared statement of General Tuxill follows:] [GRAPHIC] [TIFF OMITTED] T7679.033 [GRAPHIC] [TIFF OMITTED] T7679.034 [GRAPHIC] [TIFF OMITTED] T7679.035 [GRAPHIC] [TIFF OMITTED] T7679.036 [GRAPHIC] [TIFF OMITTED] T7679.037 [GRAPHIC] [TIFF OMITTED] T7679.038 [GRAPHIC] [TIFF OMITTED] T7679.039 [GRAPHIC] [TIFF OMITTED] T7679.040 Chairman Tom Davis. Mr. Byrne, thanks for being with us, and thanks for staying here. Mr. Byrne. Good afternoon, Chairman Davis, Congressman Waxman, distinguished members of the committee. Thank you for the opportunity to appear today to discuss emergency preparedness in the Nation's Capital. I am honored to sit with the distinguished members of this panel. The clear, focused leadership demonstrated by Governors Warner and Ehrlich, Mayor Williams, and my boss, Secretary Ridge, has allowed us to accomplish much in a short time to make the Nation's Capital safer and stronger. The Office of National Capital Region Coordination was in Section 882 of the Homeland Security Act of 2002, with the mission to oversee and coordinate Federal programs for and the relationships with State, local and regional authorities in the region. Congress established this office in recognition of the importance of our region as the symbol of the Nation, the seat of our Government and home to millions of people. The complexity of relationships, roles and responsibilities that exist within the national capital region also requires special consideration. Unfortunately, a commensurate threat exists for which we all must prepare. Success in preparing and securing the national capital region is not simply a Federal or even a public matter. All of us within the region must work together to ensure our collective security, including the Federal Government, State and city governments, private-sector, nonprofit organizations, as well as individual citizens. Each brings to the table their own responsibilities and authorities, and it is the job of the Office of National Capital Region Coordination to see the capabilities that each group brings are coordinated and integrated into a widely known and well- practiced system that ensures our preparedness and security. As I had mentioned, the complexity of relationships, jurisdictions, roles and responsibilities is staggering. Many separate local jurisdictions must work in concert with each other, with their State counterparts, the Federal Government, all three branches of the Federal Government and the private and nonprofit sectors in order to achieve preparedness. We are off to an outstanding start. The leadership of the District of Columbia, Maryland and the Commonwealth of Virginia have established an unprecedented level of cooperation among the jurisdictions. As mentioned earlier by previous speakers, the Senior Policy Group and the work groups it creates strengthens these relationships. Additionally, coordination and cooperation is greatly improved among Federal departments and agencies. We have created a Standing Joint Federal Committee drawn from all three branches of Government to coordinate Federal work force protection with other regional efforts. The Joint Federal Committee developed the protocol addressing the Federal Workforce Emergency Release Process, expanding protective options and integrating State and local government into the process. Protocols defining each decisionmaking process were briefed to the legislative, executive and judicial branch Chiefs of Staff in February 2003. Another recent success that demonstrates the improved Federal cooperation and coordination is the release of the Office of Personnel Management's Guide for Federal Employees and Managers. OPM developed the guides in concert with a wide range of expertise from across the Federal Government. Our office was instrumental in bringing together the right experts to work with OPM and participate in the development of the guides. In the few weeks that these guides have been available, they have been downloaded by more than a quarter of a million people to use. Additionally, on March 25th, I joined the Director of the Office of Personnel Management to discuss emergency readiness with 24 unions representing Federal employees. Much progress has been made, yet much work needs to be done. We will continue to develop and improve relationships and cooperation at all levels of government and with the private sector. The high-threat, urban-area funding, that has been targeted for the national capital region, provides a unique and exciting opportunity to strategically utilize the funds available to improve capability across all jurisdictions that compose the national capital region. These funds will be used to build capacity and support the region by developing joint planning, training and exercises. One of the primary response concerns in the national capital region is quick and efficient transportation out of the area during an incident. We must coordinate egress routes that allow for a safe and fast exit from harm's way without eliminating all ingress routes that will allow our emergency responders to do their jobs effectively. This is a significant challenge that will require both creativity and flexibilities. Currently our office is working with the District, Maryland and Virginia and all the local jurisdictions on a plan that will address our protective measure options which include as one of them, evacuation. Additionally, the Joint Federal Committee is working with State and local law enforcement, Emergency Management and Transportation Agencies to develop practical protocols for security-related street closures. In closing, the Nation's Capital presents a unique challenge for those who protect its citizens and institutions, especially from the threat of terrorism. The Office of National Capital Region Coordination serves a key role in the support of the Senior Policy Group to continue to enhance the broad regional, strategic perspective and coordination. These efforts have begun to achieve this aim, but continuing dialog is critical to its ultimate success. More importantly, the effort represents the collective decision that preparedness is not the responsibility of a few, but rather the united efforts of the many. Thank you. [The prepared statement of Mr. Byrne follows:] [GRAPHIC] [TIFF OMITTED] T7679.041 [GRAPHIC] [TIFF OMITTED] T7679.042 [GRAPHIC] [TIFF OMITTED] T7679.043 [GRAPHIC] [TIFF OMITTED] T7679.044 [GRAPHIC] [TIFF OMITTED] T7679.045 [GRAPHIC] [TIFF OMITTED] T7679.046 [GRAPHIC] [TIFF OMITTED] T7679.047 [GRAPHIC] [TIFF OMITTED] T7679.048 Chairman Tom Davis. Thank you both. Mr. Byrne let me just start with you. I know you were brought in for the homeland security aspect of this, but really when you talk about the Federal, city and the Nation's Capital, it came to bear after an incident in 1783 when a group of pensioners from the Revolutionary War marched on the Continental Congress assembled in Philadelphia. The local militia was sympathetic to the pensioners, allowed the pensioners to march and chased the Continental Congress across the river into New Jersey, and that is what inspired Madison and others to say we need a Federal zone because there is a Federal responsibility here, and we need to control our own areas. We have had a number of incidents over the past few months, some of them tangentially homeland-security related, some of them traffic accidents and others, where traffic is held up 2, 3 hours sometimes. We can't get quorums and start hearings on time here. Agencies coming to a standstill. And although local police and Federal police--it is a whole--each incident has it's own little matrix. But it seems that moving people around in the Capital City is not the priority. And gives us some thought that maybe we ought to federalize those aspects because, frankly, moving people in and out of the Nation's Capital so they can do the Nation's business is a Federal responsibility and something we in the Congress are accountable for. And if we can't get the recognition and the prioritization at the local level, it may be something we have to take over. What are your thoughts on this? Mr. Byrne. In the time I have been meeting with local officials on these issues, I would have to say, Mr. Chairman, that there is no one that doesn't agree with you about the priority in this and everybody is willing to work it better. I think the challenge is to provide vehicles for coordination, and I see that as an opportunity for my office to play a role in terms of making sure that the right people are communicating together quickly and early when things happen and to, you know, facilitate that. Chairman Tom Davis. Let me give you another example. It is not just the local delegation and a bunch of angry constituents. My friend and colleague from northern Virginia just walked in. Frank, I wonder if you could share with them a comment you had from a member yesterday about the traffic jam on the 14th Street Bridge. And we are hearing from members about their ability and inability to get here on time. Mr. Wolf. First of all, let me say I don't think VDOT, the State, the region are doing the appropriate job to enable people to get back and forth. Yesterday, because of what took place on the 14th Street Bridge--which may very well not be in Virginia territory but it is a Virginia obligation, because there are Virginia people that are backed up--this member, I won't give the name, passed me a note showing that he left his House at 5:32 a.m., yesterday and got in at 8:52 a.m., yesterday. We have asked VDOT, and we have asked the region to come together to deal with this. Several months ago on the George Washington Parkway, a bus stayed on the Parkway from 4:15 a.m., to 7:15 a.m. Nobody moved it. Every other week there is a major accident or fender bender on the other side. So if you are talking about evacuating this region--we can't even deal with just a fender bender on the 14th Street Bridge, the Memorial Bridge, the T.R. Bridge, Woodrow Wilson Bridge or the Key Bridge--and it took that individual over 3 hours and some minutes. For some reason, VDOT and the region just can't get together. You need tow trucks on all these bridges to move vehicles quickly, pull them off and deal with the traffic problem later on. But getting in and out is becoming very, very grim every morning, and I don't know if that is the subject, what people are talking about. It is out of control. Chairman Tom Davis. In trying to preserve the scene of the accident, so they can get the pictures and have an officer come and see where everybody is, it is important to that case. Ordinarily, I would think you would want to do that from a police perspective. But when you are holding up tens and thousands of commuters, stopping the workings of Government, not allowing congressional hearings to get a quorum, we couldn't get a quorum yesterday. We couldn't get a quorum in our caucus yesterday morning. It is usually about a half hour to 45 minutes for me to drive in. It was almost 2 hours yesterday morning. And I know there are accidents, and it is complicated, and there are going to be delays, but the priority ought to be to get everybody off, safely, but off the road as quickly as we can so we can clear the arteries and then commerce and Government can function. And I guess the concern here is, as Mr. Wolf says, if a fender bender stops this or a guy with a tractor with a bad day can bring us to a stop, imagine what a terrorist can do. That is the concern. And I wanted to deliver that. It is not just the regional delegation. There are members that are pinning on us wondering as well. And if we have to federalize it, we will federalize it. This is serious business, and if we can't coordinate locally over who is to do it, then we will have to take it over. And you are the guy. Mr. Byrne. Yes, sir. Those are my comments. Chairman Davis. Mr. Van Hollen. Mr. Van Hollen. Thank you, Mr. Chairman. Welcome, gentleman. General Tuxill good to see you again. Mr. Byrne, welcome. I asked the members of the earlier panel about the resource question because I hear from my county executives in Montgomery and Prince George and my colleague, Mr. Ruppersberger, hears from his local officials that they are not getting the funds at the local level, the resources they need to meet the security needs for first responders. There are two possibilities. One is adequate funds are flowing to the States but they are not flowing down to local officials. My sense is that adequate funds are not flowing to the States. You may recall we had an Omnibus Appropriations Bill pass out of here a little while ago. $3.5 billion additional funding for domestic. The way it came out of here, to the regret of many of us, people actually took money from other areas for first responders to count toward the $3.5 billion. So you didn't have anything on the order of a $3.5 billion increase, and the results of that--and I am hearing from the States there are inadequate resources at the State level. So I would ask both of you gentleman if you could respond to whether or not the States are receiving adequate resources to meet the jobs and needs in this Capital region. If not, what additional resources are necessary, and what are the risks that we are taking now by not providing those resources. Mr. Byrne. First and foremost, in the supplemental request, there is a request for additional funding, so we agree we need to get more funding to State and local levels. You know, we think that the important thing about that, consistent with the President's strategy for homeland security, is that it be part of a comprehensive plan, which is why we see the need to work with the States and have the States work with their local communities to have the same kind of system, the same identification or types of resources and things like that. In the supplemental request, there is $1.5 billion for additional--additional $1.5 billion, and we think that will help along and provide the kind of resources that they need. I think another important step, that is actually in the proposals for the 2004 budget, is that, you know, we sort of need to update and spend the money effectively and prudently, that we do an update of the assessment that was done. In fact, most of the assessment work was done pre-September 11th and to look at the State and local capabilities and to identify, which is something I am going to be working with the local jurisdictions here in the region to do, to clearly identify what the right requirements are, so we can intelligently and effectively answer your question. General Tuxill. One of the things--as far as money getting down to the local level, we have had a lot of press out that says, OK, look how much money is coming to the State. One of the interesting things is we have obligated all of our funds for fiscal years 1999, 2000, 2001, 2002 designated for the local jurisdictions. And the State obligation for Maryland is almost complete for 2002. The current cycle, 2003, which we are in, is just being received, and we are starting to process it. So as you can see we are almost 9 months into the State fiscal year and a little over 3 months into the Federal or, excuse me or even more than that, 6 months into the Federal fiscal year. So there is a big delay in receiving those funds. While we hear the press release when it happens and when Congress says we have got the funds, it takes it a good while to appear in the State. So I think that is one of the problems that we have. I can tell you in Maryland, sir, what we do is get all of the players around the table to include all of the local jurisdictions and some of the State agencies, and we sit down and say, here is how much money we have and we start a collective consensus to get the things that people need, so that we have that interoperability. I think Governor Warner was right on the mark when he said that the State should get the money, so that we ensure interoperability. We had a terrible problem with that in the military and Goldwater Nickels came out and said, you will talk to each other. So we get the Navy talking to the Marine Corps, talking to the Army, talking to the Air Force. We have to make sure we don't have something like that happening in the national capital region. Communicative powers and that we are able to collectively address situations and that is part of that equipment. Mr. Van Hollen. Same issue, quick followup for Mr. Byrne. You mentioned the additional funds coming to the region from the Urban Area Security Initiative. It is about $18.2 million. How are you going to allocate those funds, and have you made any decisions in that regard? Mr. Byrne. We are going to look at this as a region, and it got cooperation from the two Governors' offices and the Mayor's office to work together to do the kind of things that are strategically the right fit for the regional area. And that is to look at the kinds of joint training, where not just individual jurisdictions are sitting in the classroom on a very simple basic level, but they are all getting the same training on a planning level, to do some of the better planning we need to do, especially in the area that has been brought up many times, you know, about movement of people and things like that. I think that is an opportunity for that. I also think it is an opportunity for us to identify assets and resources and capabilities that could have strategic regional capability. And we are going to sit down and plan that out. There are some things that seem obvious already that would be high on the priority list to include interoperable communication, data sharing across the jurisdictions so that the USCs are all seeing the same information simultaneously and also in the area of health and medical, like surveillance and things like that. Mr. Van Hollen. Thank you. Chairman Tom Davis. Before I yield to Mr. Wolf, we are putting money into some of these areas, but to move a bus, to move cars on time, to do some of these things doesn't take a lot of money, it just takes strategic thinking. But while we are waiting for the big one to happen, and getting ready for the huge attack, we have these mini-attacks everyday, some of them intentional, some of them unintentional. But one guy with a tractor holding up the rush hours is, in my opinion, something for the money we are spending. If the current leadership can't do it, we have to find somebody who can. Mr. Wolf. Thank you Mr. Chairman. Thanks for having the hearing. Three points: we are closing too many roads in the District of Columbia. You cannot keep closing the roads. We're becoming vulcanized. You can't get in front of the White House or back of the White House. You are having problems all over this town. Somebody has to meet with the White House, and you are now the Area Coordinator--and say, we can't keep closing these roads because everytime you close a road, you make it harder and harder for people to come in and then leave the city. Second, coordination. I have a request from a group of hospitals in northern Virginia asking for communications systems, but they don't include Sibley. They don't include the hospitals in Maryland. If something were to happen, the likelihood of somebody being taken to a Maryland hospital or a D.C. hospital is just as great as coming out to Loudoun or Fairfax. On communications, the George Washington, Hospital Center, Sibley, they all have to be tied in. So if you could comment on that. And do all these requests for the region come in through you simultaneously when people are asking? Somebody has to coordinate, so we don't buy a system for Fairfax hospital and they can't speak with Sibley. Last, working with Mr. Davis, we put money in to create the Emergency Response Center at the George Washington University Loudoun campus to train emergency response people. Are you involved in that? Are you making sure that the regions from Warren county to Frederick county up in Maryland, that our law enforcement people, police, rescue and fire will all be in the first class that will be trained in that center? So on closing of the roads, on the coordination and are you involved in making sure who goes through that center first? Mr. Byrne. On the road closure issue yes, we formed this Joint Federal Committee that pretty much the security people are from. And the law enforcement aspects, you know, Secret Service, Park Police, Federal Protective Service, Capital Police, Supreme Court Police, we have representatives on that committee, and we look at the issue of road closing more clearly and come up with a better protocol for it. We have to look at this strategically and in the levels that are appropriate. I think there are sections of it. So if there was an incident where a building had a fire and everybody needed to get out of the building. You know, having to close the street in front of that building is like an immediate thing, where all we want to do is have notification. Then there are things that we can talk about more. We can sit down, and we have time to evaluate, to discuss and say look, what are we really trying to accomplish and what is the most effective protective action we can take for that building or that facility. And there is a dialog, and we are going to look to improve the way that process happens. On the issue of hospital communication and coordination, I think that is critical. In fact, I have been in touch with HHS and with some of the Hospital Association people to look at that. I think there is a communication system in place. As to whether or not it is doing the job it needs to do, is something I look forward to looking into more closely. Mr. Wolf. Do all of the grant applications for secuirty--I just used as an example--do they all go through you, so you know what everyone else in the region is doing so there is not an overlap. Do all the grant applications at least have to be-- do you have to check off on them or do they say we are sending something in but here's what we're sending, so you see everything in the region? Mr. Byrne. I think--one of the best parts of creating the Department of Homeland Security was the effort to consolidate the way all grants are administered within one department. I work closely with that office. I think it makes sense from a strategic point of view that the overarching policy body takes a look at those things, so we don't do as you suggest, buy something that works for that one community but can't work across the whole region. Mr. Wolf. But there is no process now to send everything through you before they come to Washington for the region? Mr. Byrne. There is no fixed process at this point in time, but we are developing one. The office is only a couple weeks old. Mr. Wolf. The last question is the GW Training Camp. Mr. Byrne. I met with them. I was over at GW about 2 weeks ago. This area is so rich in each kinds of functional area in terms of fire training, law enforcement training and hospital training and emergency medical training. We are looking to establish and work with especially with GW in the area of the emergency medical capabilities. Mr. Wolf. And you will have all of our people trained there first? Mr. Byrne. The idea is that everybody in the region would get the same kind of training. It is really important to be on the same page when you are working a disaster, so that when you say, this is this kind of asset, that everybody right away understands that. So we are looking not only to have everybody get trained in the same area, but to get the same training, the same curriculum that is consistent across the whole region. Mr. Wolf. And knowing where I think you live, how long did it take you to get in to work yesterday? Mr. Byrne. Sir, I left pretty early, it only took me about 45 minutes. I left---- Mr. Wolf. What time did you leave? Mr. Byrne. Quarter of 5. Chairman Tom Davis. That is a nonstarter from here. Mr. Ruppersberger. I know neither one of you have a lot to do with the traffic issue. But on the Maryland side, I live north of Baltimore City and yesterday--usually it takes me the most an hour and 30 minutes. I left at 6:30 a.m. and got here at 9:45, so it was only 3\1/2\ hours. So, Mr. Chairman, I would suggest that if this is a continuing problem, and it is not being solved, maybe we should look at it from a Federal perspective because it is going to take a regional approach from both Federal and State to deal with that issue. First thing my background comes--I have been in local government for 18 years. I was a county executive for 8 years. I was a county executive during September 11th. And during that period of time, we took a lot of resources and transferred resources into the homeland security area. We were learning as we went along, as all of us were. I am a rookie so the bells bother me a little bit. So the issue there was transferring a lot of resources and trying to make sure we could take care of the problem because it was a very active issue at the time. Now, yesterday we had a hearing which kind of concerned me. It was a hearing involving narcotics and drugs. And we had individuals from Federal, State and local government that really were stating yesterday that there are a lot of resources that are being transferred from the Drug Enforcement into Homeland Security and that to me is very dangerous because we still can't take the eye off the narcotics ball. If you look at the statistics, narcotics and drugs are-- probably at least 80 percent of all violent crime is drug related. Now, if we are going to take our resources from that one end to another, that is really going to create even more problems. What the issue is, the issue is we need more resources. It has been said over and over, we equipped our troops as we should. We give them the resources, but we haven't done the job here to give the resources that are needed. If we don't face that issue now, it is going to start to affect a lot of things that are happening because we are going to keep moving in the area. Now, let us talk about implementation. No. 1, again referring to my job as county executive, I thought one of the most effective programs when we dealt with the Federal Government was the COPS program. And that was a program that really if you could justify why you needed the money, you had to be held accountable for what you did, we get money directly from the Federal Government to the local government, and we would get police on the streets right away. I am sure the National Association of Governors might not like that. I know our Governor, Bob Ehrlich, who I know very well and have a good relationship with, has no problem with that. He wants the money to go where it's needed. And what happens when you get money from the--when the local money gets money from the Federal Government, the Feds press down on the State, the State presses down on the locals, and the locals don't have any place to press. What happens when you have that and you get that money, I would say sometimes half that money goes to bureaucracy, and it doesn't go to where the needs are. And I want to ask you the question more of you, Mr. Byrne, then Major Tuxill, I would like you somehow, if you would consider taking back to the administration the formula that we used in the COPS program because it worked and it worked well. I know there is politics there with the Governors, but if the other Governors would take the position of our Governor in Maryland that he doesn't care who administrates it, let's just get money to the first responders so we can make a difference. And let me say this, and I will let you answer the question. In the Second Congressional District that I represent, I have NSA, Fort Mead, BWI, the port of Baltimore, Abderdeen and I have--80 percent of all the chemical companies in the State of Maryland are located in my District. So there are a lot of issues involving homeland security other than just those institutions I talked about. And why I say that, it's my understanding that a lot of the money is being given out on the issue of population, and it seems to me we need a lot more flexibility. The population is where the risks are. It's like saying if D.C. doesn't have the population that South Dakota has, give more to South Dakota. That doesn't make any sense. I raised those issues, and I would like you to respond, especially to the COPS program, because I want to find a way as quickly as we can to get money to first responders, because I think you know if September 11th occurred a week ago, and we were asking for money right now, we would get it. And how soon we forget, and we can never forget. So let us make sure we get what we need for our homeland security. Mr. Byrne. We certainly support getting money for first responders. I spent most of my career as a first responder. I was a New York City fireman for 20 years and I know--I just want to do my job, and I wanted the resources to do it. So we definitely want to see the money get where it needs to go and to build the capability, because again, the single best chance we have of impacting an incident, no matter what kind of incident, in a way that saves lives and protects the people, is to have our first responders get there, have what they need to get it done. Looking at the COPS program, I am not as familiar with that program as I am with some of the other programs, but we certainly will take a look at that, based on your recommendation, and see if maybe that is a better way to do it. But the important thing is for us--is that--is that public safety in our country is a bit disjointed. Different jurisdictions do things and respond in different ways. I think our sort of luxury of being able to operate that way is no longer the case, and we need to line up in a way that doesn't take away the individual autonomy of each of the components, but have them at least have common ways of doing things. And the best way for us to do that is to have some kind of centralized leadership, so that when they do spend this money and spend it effectively, it builds the Nation's capability, in our case, the region's capability and not just an individual jurisdiction, so that their capability stops at the border. September 11th, as a New York City fireman, I never thought in all my career I would ever see the need--we had 16,000 firemen and EMS personnel in the New York City Fire Department. I never thought I would see the need to have people come in from the outside to help us. September 11th proved me wrong big time and I recognize that we need to be one united team. Mr. Ruppersberger. I feel very strongly, and I would like you to look at that program. Your president of International Fire Fighters was pretty strong. I am not saying his quotes, because I don't think I should criticize the president at this time. His quotes were very strong that we're not getting what we need. And you know we can talk about team work, but we're not getting anything accomplished. And I think it is extremely important that we try to get to the basics and get to some implementation. I am going to do everything I can to encourage the president to do that. And I would hope that you at least consider it. It could be controversial because it's money that goes directly to the locals, but that's what we're calling out for. And getting back to traffic, the entire issue with traffic has got to be a regional situation. And you know, the day of imagery and taking pictures, you know, someone is on an accident scene for 3 hours. Mr. Chairman you make a lot of things happen here, I would like to work with you on that issue. Chairman Tom Davis. Mrs. Davis. Mrs. Davis of Virginia. Thank you Mr. Chairman, I will make this quick because we have to go vote. First, Mr. Byrne, thank you for your service as a firefighter for 20 years. That is near and dear to my heart. According to Virginia's Rappahannock Planning District Commission, over 27,000 people commute from my district back and forth to Washington, DC, everyday. And if you have been on 95 going south, you know what that congestion is like. If we are faced with a mass exodus from Washington, the traffic in my opinion, the HOV merge lane at Prince William/Stafford border would probably back up all the way to Springfield, and I think we would have a major problem. My question is, has your office had conversations with the local authorities south of Prince William County. No. 2, is there currently any coordination with the first responders who may be needed in an area-wide emergency and are Prince William County, Stafford County and Fredericksburg expected to be ready to support the Beltway efforts. Mr. Byrne. At this point in time, I haven't had the opportunity to talk to any of the jurisdictions outside of what has been defined as the national capital region and the legislature. But I do think it is important they know what we are doing. You are absolutely right; at some point, the people may be headed their way. So I think it is important for us to-- you know, not plan in vacuum but to share those plans. As to what role they would play in a response, I am not at the point, now, where I can make a definitive statement as to what their support and what kind of requirements we would be asking them to come into. But going back to that bigger issue, I think we are looking to create within the Department a sort of standard system for public safety, you know, that would facilitate that kind of cooperation and response. Mr. Davies. I certainly would hope that you would keep that part of the District in mind, because like I said, 27,000 folks is a lot of people, and I would like to say Mr. Chairman, I welcome the sheriff of Stafford County, who is here today. Chairman Tom Davis. General Tuxill, thank you for staying with us. It was very helpful, your testimony. Mr. Byrne, I understand this is your first time before a congressional committee, you did a great job. I look forward to having you back. You have a very tough job, and you have nothing but our respect and admiration as we work through some difficult problems. And we learn from our experiences. We have traffic-- some of it because of the laws we have passed. We haven't done the right things and everything else and we get frustrated, but we can do a better job working together, and that is only one aspect of your many responsibilities, but you did a great job here, and we appreciate having you here. We are again voting, but this is just ordering the previous question, and perhaps after--this is just a vote on a rule, so we should be back here in 15 minutes to start our next panel. Meeting is in recess. [Recess.] Chairman Tom Davis. We're ready to start the next panel. If you'll remain standing. [Witnesses sworn.] Chairman Tom Davis. Thank you very much, and thank you for being patient with us. We're not expecting another vote for an hour and half. I hope I can get through both panels in that period of time and get everybody home. Mr. Harp, why don't we start with you, and then Ms. Chambers and then to Chief Ramsey. And we have your whole statement in the record. You can highlight what you'd like to, and we'll go right on to questions. It won't be too bad. STATEMENTS OF VAN HARP, DIRECTOR, WASHINGTON FIELD OFFICE, FEDERAL BUREAU OF INVESTIGATION; TERESA CHAMBERS, CHIEF, U.S. PARK POLICE; AND CHARLES RAMSEY, CHIEF, METROPOLITAN POLICE DEPARTMENT Mr. Harp. Good afternoon, Chairman Davis, and members of the committee. I welcome the opportunity to appear before you to discuss our role and capabilities regarding emergency preparedness and response in the national capital region. As you know, in recent months, the FBI has undergone extraordinary positive changes to better address the most important priorities set by Director Mueller. The top priority at the FBI is preventing future terrorist attacks. In addition, the FBI is actively pursuing threats posed by foreign intelligence services and transnational criminal enterprises. In meeting these priorities, the FBI, as an organization, and WFO, in particular, thoroughly understand that these priorities can only be effectively met by focusing on the outstanding relationships that we have established over the years with our law enforcement and first responder partners. Located in the Nation's Capital, WFO has a strong standing tradition of cooperation with State, local and Federal agencies. That tradition is steeped in the history of diverse, joint investigations, numerous joint responses and regularly scheduled joint training initiatives. WFO is unique, in that it is the elite investigative agency in the Federal Government's response to terrorism incidents that directly affect the national capital region. These close relationships were established long before the terrorist attack on September 11th. They cover the full spectrum of criminal counterintelligence, counterterrorism and cyber crimes, and are best exemplified by our Joint Terrorism Task Force which was established a decade ago. Coordination begins at the executive management level, and there isn't a day that passes where I'm not in direct contact with area police chiefs, sheriffs and Federal agency heads to include representatives from our military intelligence agencies. There are daily conference calls and in-person briefings. I have provided the various chiefs and sheriffs with networked instant paging to further enhance our ability to share information in intelligence in a real time format, and in fact, just this morning, we completed and in-depth intelligence brief with approximately 30 to 35 of the departments in the national capital region represented. WFO has one of the oldest JTTF task forces in the United States, and it was established in 1993, and also has the largest number of participating agencies currently consisting of 23 State, local and Federal agencies, all collocated as one investigative counterterrorism unit. This is mirrored by our other joint task force operations across the gamut of our operations. Training is provided directly to outside agencies by WFO, FBI personnel, and is accomplished through tabletop exercises, joint practical exercises, joint SWAT team scenarios and various in-services. Real-life scenarios are utilized, recreating the events Washington, DC, law enforcement has faced through the years. Participants in these exercises cover the area, State, local, Federal agencies and emergency response, fire and rescue service, military and intelligence agencies. My assessment is that the level of cooperation between myself and our partners is outstanding and unparalleled in law enforcement in the United States. This spirit of cooperation has been passed down to the case agents and representatives assigned to the various task forces within the Washington field office. This has been exemplified during past several years and in such cases as the CIA murders, the murder of the agents in the Metropolitan Police Department officer at MPD headquarters, the recent sniper investigation and the murder of the two Capitol Police officers in the Capitol in 1998. In addition, our cooperative efforts were put to the test during the Pentagon attack and the anthrax attacks affecting you and your colleagues, and I believe we in law enforcement passed exceptionally well with respect to the level of cooperation. The spirit of cooperation was so great, in fact, that a review of the Pentagon response was funded by the Department of Justice for Arlington County, VA for dissemination across the United States. The independent report, which is available upon request, finds that the level of cooperation exhibited in the National Capitol Region was so extensive, that it should be duplicated for the entire United States. I'd like to also describe the Joint Terrorism Task Force and our National Capitol Response Squad, if I may, which are just two of WFO's squads and operations that conduct counterterrorism operations in conjunction with local authorities. The WFO, JTTF was established in 1993, as I said, and it is one of the oldest and currently the largest JTTF in the United States with the 23 outside agencies and 15 agent--FBI agents assigned to it. It's located in our office base and trained, funded and supplied totally by the FBI, WFO. All 23 detailees work full-time for the JTTF and have the same clearances and access as FBI agents. A list of all the agencies represented in the JTTF is too extensive, but I have it available with me. Each detailee has a top security clearance and has direct access to all FBI data bases, communications and intelligence. Each detailee has a WFO-provided computer on his desk along-- his or her desk along with a computer link to his or her home agency. In this way, the JTTF can almost instantly access 24 separate data bases from one investigative squad. It is literally a one-stop shopping for counterterrorism information and intelligence, and it is the most effective platform prevention since it includes the assets and the best each agency has to offer. Collocated with the JTTF is the National Capitol Response Squad. The NCRS is a rapid response highly specialized counterterrorism unit designed specifically for the National Capitol Region. The unit was formed out of the original JTTF in 1999 to give the region a quick response capability for terrorism incidents. The unit is designed to be part of the first responder community in daily works within that arena. The NCRS responds to the various incidents which occur in this area each day and meshes with the other local first responders to jointly resolve whatever situation they encounter. It was designed specifically to respond to identify, isolate, mitigate and control incidents of an explosive chemical, biological, radiological, nuclear or armed assault- type of incident. It is also designed to work in isolated environments where outside support may be prevented from reaching the unit quickly. The unit was designed literally to hold until relieved by the various national assets that could be called upon to assist from the FBI critical incident response group, the Department of Energy and the Department of Defense or others. The National Capitol Response Squad consists of our SWAT team, the hazardous materials response team, the special agent bomb technicians, evidence response team, tactical medical program, weapons of mass destruction program, our rapid deployment team and the joint FBI/Department of Energy special search team. The NCRS is collocated with the JTTF to directly support their investigations and operations and to provide a direct link between these specialized teams and the 23 agencies assigned to the JTTF. The Washington field office is a full partner with all of the other responsible agencies in the National Capitol Region in the fight against terrorism in the herculean efforts to prepare for the unthinkable. Daily we work with all of the other agencies and are mutually supportive of each other. The efforts and the progress of this area serve as a shining example to the rest of the United States as to how this process should work. Due to the unique location within the Capitol of this great country, the Washington field office long ago became the leader in the fight in the war on terrorism and the cooperative efforts necessary to ensure the safety of the American people. Let me conclude by saying that the nature of the threat facing the National Capitol Region is unique in all of America. The FBI Washington field office takes its responsibility as a law enforcement agency, intelligence service and partner of first responders with the utmost sense of gravity and urgency. We value the partnerships with the professionals in the law enforcement and intelligence community that we have established over the years and continue to seek out ways to enhance those relationships. Let me again express my gratitude to you, Mr. Chairman, and the committee for your invitation, and I look forward to responding to any questions. Chairman Tom Davis. Thank you very much. [The prepared statement of Mr. Harp follows:] [GRAPHIC] [TIFF OMITTED] T7679.049 [GRAPHIC] [TIFF OMITTED] T7679.050 [GRAPHIC] [TIFF OMITTED] T7679.051 [GRAPHIC] [TIFF OMITTED] T7679.052 Chairman Tom Davis. Chief Chambers. Chief Chambers. I will abbreviate my oral testimony, sir. Mr. Chairman, and members of the committee, thank you for the opportunity to testify today on emergency preparedness in the Nation's Capital. Although I've been the chief of the U.S. Park Police for just 14 months, I retired from a police agency just inside the State of Maryland and am familiar with both the challenges and the many positive aspects of policing in this region. The U.S. Park Police's primary areas of responsibility are the National Park areas of Washington, DC, New York City and San Francisco, and we have arrest authority in any unit of the National Park's system. We also have provided law enforcement expertise in many different venues, including the Summer Olympics in Atlanta, GA, the Republican National Convention, at Independence National Historic Site and the Cuban Boat Flotilla. In the President's National Strategy for the Physical Protection of Critical Infrastructures and Key Assets, the Department of the Interior is the lead Federal Department with primary jurisdiction over national icons and monuments. To enhance our efforts, Secretary Norton recently requested that the Department of Homeland Security and the Department of Justice conduct an independent assessment of the National Mall and those areas around the White House where the U.S. Park Police patrol. This assessment is already underway, with the Department of Homeland Security and Department of Justice providing important feedback to the U.S. Park Police. When large events occur in our area, operations are often seamless between the myriad of local, State and Federal agencies involved. One of the best examples occurred in Washington, DC, last year on the Fourth of July. Nearly 1,200 officers from numerous agencies helped ensure a safe environment for the thousands of people who came downtown to celebrate America's independence. The Police Chief's subcommittee of the Washington, DC, Area Council of Governments meets monthly. Also on at least a weekly basis, area chiefs and other law enforcement leaders engage in conference calls to share the latest intelligence and operational information. Our officers sit side by side in a number of assignments including Joint Terrorism Task Forces, Department of Homeland Security details and the Metropolitan Police Department's Joint Operations Center. In the recent case involving a disgruntled farmer who drove his large farm tractor into Constitution Gardens, we were joined by a number of governmental and private organizations. Most closely involved with us was the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco and Firearms which played a key role in assessing the potential threat posed by this individual, the three vehicles he drove into the pond, and the explosives he claimed to possess. We also conferred with experts via conference call to receive their input on the explosive potential and related scenarios. Also closely involved was the U.S. Secret Service, whose members were on the scene to assist us within minutes of the event unfolding. The Metropolitan Police Department of Washington, DC, the Federal Protective Service and the U.S. Capitol Police also provided assistance. We appreciate the generous support of the District of Columbia's Emergency Management Agency, the Washington, DC, Fire Department, the American Red Cross and the D.C. National Guard, who also assisted us. The U.S. Park Police kept in constant communication with members of the press to provide valuable information in order to protect the public from potential harm. The Department of Homeland Security was in close communication with us, and Mr. Byrne, who you heard testify, conducted several telephone briefings every day with people involved or affected by this matter. Please allow me to take this opportunity to thank all these agencies for the support and expertise they provided to the U.S. Park Police during the tractor incident. They played an integral part in achieving a successful outcome that avoided the loss of property and more importantly avoided the loss of life. In the case of a major crisis resulting in a mass exodus from the city of Washington, it is useful to look at our role on September 11, 2001. Within minutes of the plane striking the Pentagon, members of our aviation unit flying the U.S. Park Police helicopter Eagle 1 were in the area over the crash site. Because of the heavy smoke, Reagan National Airport traffic controllers asked the Eagle crew to take control of the airspace over Washington while the situation was assessed. A second Park Police aviation team treated injured persons on the scene of the Pentagon and transported those who needed additional care to nearby hospitals. At the same time, our officers rerouted traffic to allow the greatest number of motorists to safely leave the city in the least amount of time, and we deployed our officers at national icons and around the White House. The U.S. Park Police is responsible for one bridge and five of the major routes into and out of the city. Officers assigned to those areas are directed to maintain their focus in those locations should a disaster occur so they can readily facilitate the rapid evacuation of motorists out of the city. The U.S. Park Police has three helicopters available for medical emergencies. These helicopters are staffed with certified pilots and paramedics. All three aircraft are capable of search and rescue missions, such as those we accomplished during the Air Florida crash and the many river rescues we perform each year. The U.S. Park Police is beginning its migration to digital narrow band radio systems in Washington, DC, New York and San Francisco. We're developing partnerships with other units of the National Park Service, as well as other Federal agencies to implement interoperable trunked radio systems that will allow for secure encrypted voice transmissions and cross-talk capabilities. We're also participating in the Federal Wireless Interoperability Project, which will allow for the exchange of data messages between mobile units of the U.S. Park Police, the Capitol Police, the Secret Service Uniformed Division, and the Metropolitan Police Department in Washington, DC. We're also participating in the Capital Wireless Integrated Network [CapWIN], that will allow for the exchange of data messaging between local, State and Federal public safety agencies within the Washington, DC, area. The United States Park Police is the oldest Federal uniformed law enforcement agency in the Nation. We date back to 1791, when Congress created us at the request of President George Washington. We're very proud of the role the men and women of the U.S. Park Police have traditionally played and will continue to play in the protection of important icons and symbols of America's freedom and the lives of the hundreds of thousands of people who visit them, as well as in assisting in the protection of our President, Vice President, and other dignitaries. Mr. Chairman, this concludes my statement. I'll be happy to answer any questions you or other members of the committee may have, sir. Chairman Tom Davis. Thank you. [The prepared statement of Teresa Chambers follows:] [GRAPHIC] [TIFF OMITTED] T7679.053 [GRAPHIC] [TIFF OMITTED] T7679.054 [GRAPHIC] [TIFF OMITTED] T7679.055 [GRAPHIC] [TIFF OMITTED] T7679.056 [GRAPHIC] [TIFF OMITTED] T7679.057 [GRAPHIC] [TIFF OMITTED] T7679.058 [GRAPHIC] [TIFF OMITTED] T7679.059 [GRAPHIC] [TIFF OMITTED] T7679.060 Chairman Tom Davis. Chief Ramsey, thanks for being with us. Chief Ramsey. Thank you, Mr. Chairman, other members of the committee, staff and guests. Thank you for the opportunity to update you on the state of emergency preparedness in the District of Columbia from the perspective of local law enforcement. Through the leadership and efforts of many people, including the President, the Congress, members of this committee, Mayor Williams and his administration, and especially our police officers, I feel very confident today in stating that law enforcement in our region is better prepared than ever before for a large scale emergency, whether that emergency be a terrorist attack, a natural disaster or something else. Law enforcement in our region recognizes that the stakes are very high. We understand and appreciate the need for cooperation, coordination and information sharing, and most of all, we have pulled together as never before around a common goal and mission, securing the homeland by protecting our Nation's Capital. That is not to suggest that we have completed our work in this area. We have not. This whole arena continues to change very rapidly, and we in law enforcement need to remain vigilant and flexible in our response. But I am confident that we have built a solid foundation among the law enforcement community in the D.C. area, a foundation of trust, cooperation and partnership that will serve us well for years to come. My testimony today covers law enforcement developments in five critical areas. My written statement provides more details. I'll just cover the highlights here. The first area is cooperation among agencies. I know that police chiefs in other parts of the country have, at times, expressed frustration with their local FBI field offices and other Federal agencies, but thanks to the leadership of Assistant Director Harp and other Federal officials in our region, our experience here in D.C. has been just the opposite. In our region, communication and cooperation are taking place at the executive level, at the senior management level and at the operational level. Our department is actively involved in both the Joint Terrorism Task Force and the Antiterrorism Task Force. The MPD's Joint Operations Command Center continues to serve as a critical communications and operational hub for law enforcement during periods of heightened alert or for major events such as the antiwar and antiglobalization protests expected this weekend. And I'm in regular contact with Assistant Director Harp and receive timely information and support from the Washington field office. In addition to the Federal and local cooperation, our region continues to benefit from strong local coordination, including regular conference calls among the region's police chiefs on intelligence and preparedness issues. In addition, the MPD now holds weekly conference calls among intelligence coordinators in six other major cities, and I have detailed one of our detectives to the New York City's Police Department antiterrorism intelligence unit for a 90-day pilot project. Finally, all of the chiefs in our region are working with the Council of Governments, and now the new homeland security coordinator for the Washington region, to ensure our individual plans are coordinated regionally. A second and related area involves the coordination between government and private sector. The District's emergency response plan is our overall road map for preparing for and responding to any emergency. Part of the plan's strength is that it defines specific roles and responsibilities, and it recognizes the importance of the private sector in emergency preparedness. The MPD has actively participated in a series of neighborhood-based community meetings, organized by D.C.'s Emergency Management Agency. Our department has also reached out to the business community to provide them with specialized information on crisis planning for their facilities, and working with the local news media on how to get accurate and timely information out to the community during an emergency. A third critical area involves our level of response preparedness. Over the past 18 months the Metropolitan Police Department has made tremendous strides in our overall level of preparedness, thanks in large part to the $16.8 million provided by Congress. These funds have allowed us to provide basic warm zone personal protection equipment to every sworn member of the Department, something that very few, if any, major city police departments have been able to do. In addition, we have equipped and trained 141 officers who can operate in actual hot zones as part of our new Special Threat Action Teams [STAT]. In terms of training, all of our sworn members have received the basic 8-hour course in weapons of mass destruction. Our staff members have received more specialized training in hazardous materials, radiological operations and self-contained breathing apparatus, and members of the MPD command staff including myself have been through a variety of WMD courses so that we can be more effective and informed leaders during an emergency. Another area of major concern for people throughout the region is transportation and traffic management. While the District Department of Transportation is the lead agency, the MPD continues to assist on a variety of implementation issues. For example, we have identified approximately 70 key locations that the Metropolitan Police Department is prepared to staff for traffic control purposes during an emergency. Most of these intersections are along the evacuation routes that DDOT has identified and marked. While our ability to move traffic safely through an emergency is better today than it was on September 11th, I think that all of us need to be realistic about traffic. As the recent incident in Constitution Gardens illustrated, if major arteries need to be closed when large numbers of motorists are trying to enter or exit the city at the same time, traffic is going to be backed up. I understand that during an emergency, most people's instincts will tell them to get in their vehicles and try to leave the city, but depending on the situation, traveling by car could actually put people at greater risk, especially if they leave a safe area and drive toward a hot or warm zone. There are very few scenarios in which the entire city would have to be evacuated at the same time. A more likely scenario would be the need to evacuate people within a defined geographic area while having the majority shelter in place. The bottom line from a public safety perspective is that we don't want to program people to automatically get into their vehicles at the first indication of an emergency. It's important that our evacuation routes be posted and staffed during an emergency, but it's even more important for individuals to be informed and to remain calm and flexible in their response. The fifth and final area I want to touch on is especially important here in the D.C. region. With so many Federal, regional and local agencies that may be involved in an emergency response, and that is telecommunications and information sharing. September 11th illustrated the challenges for different agencies in communicating with one another via radios. Over the last several months, a number of steps have been taken to address the interoperability issue here in D.C., but we haven't yet solved the problem. Recent congressional funding has allowed the MPD to launch a major upgrade of our radio communications system, including the conversion of our radio system from analog to digital to enhance interoperability with other agencies. In the meantime, our Department has procured a small number of 800 megahertz radios that we could use in an emergency to communicate with fire, EMS and other agencies. In addition, our Department has begun a pilot project with the U.S. Secret Service Uniformed Division, the U.S. Capitol Police, and the U.S. Park Police to share information more easily and more securely over our agencies in-car computers, and the MPD continues to participate in the regional CapWIN Project, a Federal effort that is designed to boost cross- agency communications and information sharing in emergency situations. I thank you again for the opportunity to present this testimony. I'm very proud of our police officers and civilian employees for their hard work and professionalism in enhancing our level of preparedness, but we have only built the foundation for the future. We've not completed the entire structure. Maintaining what we have in place now and building for the future, particularly in the critical area of voice and data communications, will be critical and potentially costly. We will need additional resources to protect the investments we've already made while continuing to update and expand our equipment, training and technology. Our Department is very appreciative of the tremendous support we've received from Congress in helping us get to where we are today, and we welcome and look forward to working with the committee in ensuring that we remain prepared for what the future may bring. Thank you very much. [The prepared statement of Charles Ramsey follows:] [GRAPHIC] [TIFF OMITTED] T7679.061 [GRAPHIC] [TIFF OMITTED] T7679.062 [GRAPHIC] [TIFF OMITTED] T7679.063 [GRAPHIC] [TIFF OMITTED] T7679.064 [GRAPHIC] [TIFF OMITTED] T7679.065 [GRAPHIC] [TIFF OMITTED] T7679.066 Chairman Tom Davis. I thank all of you, and we appreciate the job you're doing, and the troops under you are doing every day to bring safety to our region. Let me go back to where we were with the first panel, though, and that is the situations like we had on March 17th, 18th, 19th timeframe, where you have an emergency situation, dealing with it and all the factors that are taken into account as we walk through. I think in retrospect, we go back and we are redoing that incident with Mr.--well, we call him ``tractor man'' would you have handled it differently? Ms. Chambers, would you have handed it differently? You were the group in charge. Chief Chambers. I was, sir, and we worked in collaboration with Mr. Harp sitting next to me, who was the lead man at the command post with us---- Chairman Tom Davis. If we had to do it over again, any lessons learned? Chief Chambers. The first thing that is happening now that will help me in the future is an afteraction critique, first within my own agency and then with the other agencies who were involved. We do that after every major event. And, sir, I'm sure that there will be lessons learned. There will be things that we did correctly and we will make certain occur in the future, and there will be things that we could do differently. I don't know at this point, Mr. Chairman, what those will be. The first critique happens later this week, and then others will happen over the subsequent weeks. Chairman Tom Davis. Would you be good enough to share that with the committee once you get it, or is that privileged? Chief Chambers. Sir, the actual report we prepare is privileged, but I will be able to give you a condensed version. I'd be glad to do that, sir. Chairman Tom Davis. I'm looking at National Park Service director's Order No. 9, the law enforcement program. This directive permits the use of intermediate weapons approved by the Park Service such as electronic restraint devices, tear gas, grenades and beanbag grounds to restrain or control violent, threatening or restive behavior. On the evening of Monday, March 17th, the President addressed the Nation and gave 48 hours notice before declaring war on Iraq. Simultaneously, the Nation's threat alert was raised to orange. Why wasn't alternatives followed with perhaps tear gas or whatever? As it turns out, and I just say in retrospect, the only dangerous item this guy had was tobacco at the end of the day. Why weren't these other items--or the other alternatives, were they looked at, were they reviewed? Why wouldn't tear gas have been appropriate in this case? Chief Chambers. Sir, a number of options were looked at, including some of those that you mentioned, and at one point tear gas was deployed. It had no effect other than to cause the gentleman to go to the far end of the pond where he retreated and held on for several more hours toward the end. For each option that we looked at, there were inherent risks, and we had to weigh that against the benefit. We had a gentleman who threatened from the very moment that this began to detonate an explosive. He had a large enclosed trailer that caused great concern to ATF, the experts to whom we looked for advice on what the potential blast factor was and what the impact would be to the lives of people that were in that inner perimeter. We knew that anything that would check and we had to consider the real possibility that he could hit a trigger switch or that he would have a switch go off should he be incapacitated, and early in the stages, the risk was far too great to take that type of action. As he changed toward the end, we did deploy the tear gas. Of course, as I mentioned, it had no positive effect, sir. Chairman Tom Davis. Chief Ramsey, the Raleigh News and Observer published their online version March 18th, and you're quoted as saying, ``right now, this is the only game in town, and you can afford to wait. If there were multiple events going on, we'd move him.'' What would you have done if there were other events in town to have brought this to closure? Chief Ramsey. It would depend, sir, on the nature of the events that were taking place. If his risk to the public at large had gotten to the point where consideration for lethal force became an issue, then certainly that would be considered. Fortunately, we didn't run across that particular scenario, although if it had, we had people in position that could have taken that kind of action. You have to deal with these events as they unfold. If we can contain it, which in this case they were able to contain it. He was in an area where he was isolated from the public at large in the middle of a pond in a mall. So there was no direct threat to others other than some of the law enforcement people around, the decision was made to contain, and I don't disagree with that decision. But had the situation changed, I'm certain that other actions would have been brought on the table and may have had to have been actually implemented. Chairman Tom Davis. There were three rush hours that were held up. I can understand one going through at two. I gather from your statement it could have been 20 as long as it was brought to a peaceful conclusion, that there is really no limit in terms of how long the public at large would be inconvenienced, as long as it was brought to a successful conclusion. Is that basically as I read you? Chief Chambers. Sir, I don't have the crystal ball to know how many rush hours it could have been. I did consider that. I was very concerned about the inconvenience to motorists and to residents of the city. I was more concerned about their safety. Certainly I didn't want any injury or death to any passers-by. It is important, though, to know that from the very---- Chairman Tom Davis. You cordoned, what--a 6- to 8-block area was cordoned off. Right? Chief Chambers. Sir, I don't know the exact dimensions. I would have to get back to the operational plans and look at that. I know that as the days went on, we actually opened up intersections to help with the flow of traffic. We were never at a standstill, Mr. Chairman. We were moving forward. We knew that we were getting closer to resolution, and those were the things that I couldn't share with the public at that time, because we knew that the gentleman was also listening carefully to the reports in the media. And so never did I give up hope that we weren't moving closer and closer. In fact, when I spoke to Mr. Moran at an Appropriations Committee hearing on the final day, I was confident enough to tell him that I knew that we were much closer than we had ever been, and certainly within an hour or two of that time, the situation had been resolved. And so it was not going to go on forever, Mr. Chairman. Chairman Tom Davis. During this period, the Metropolitan Police Department had 14,057 calls, 4,993 police dispatchers during that time, and during the rush hours, ambulances couldn't get through. Police couldn't. I mean, it was absolute gridlock in places from Georgetown, downtown Capitol Hill, anywhere around here. So innocent people who were obeying the law were put in jeopardy during this time period, too. How is that factored into the decisionmaking? Chief Ramsey. Well, again, first of all, let me say that-- -- Chairman Tom Davis. Where their rights again and their convenience and their safety, how are they weighed against the other? Chief Ramsey. I mean, you take everything into consideration. One of the positive things around this, we did have a traffic plan and had traffic rerouted around the area. As this thing unfolded, people were more aware, and---- Chairman Tom Davis. Chief, let me just say. You reroute the traffic around the area, but it clogs everything else up, and I think that's what you need to understand. You couldn't get down the GW Parkway. You couldn't get through Georgetown. And ambulances, I saw an ambulance trying to get through in Georgetown, and it couldn't--literally there was no way to get through. It was blocked up. Chief Ramsey. Yes, sir. That is a consequence of that. I would say that what we're about to have this weekend with the IMF and World Bank will probably do far more damage to our traffic situation than tractor man did, and yet we have those kinds of meetings and protests and things of that nature that cause us problems on a fairly consistent and regular basis, and we have to work around them the best we can. We didn't create the situation. We just tried to resolve it the best we could, taking into consideration---- Chairman Tom Davis. This is one guy, three rush hours. Chief Ramsey. Well, sir, maybe I'm at a loss here, because I don't believe in killing people to move traffic. Chairman Tom Davis. Neither do I. Chief Ramsey. Lethal force is always an option, but it is a last resort. Chairman Tom Davis. Nobody is mentioning lethal force. Chief Ramsey. When you're at the scene and you see what options are available to you and a lot of the lethal technology is only good in a certain range---- Chairman Tom Davis. Were there certain technologies that were available that we might give you the resources to deploy in---- Chief Ramsey. I'd be glad to look at that, sir, and have people that are experts in weaponry find out---- Chairman Tom Davis. After you have looked at it, have you gone out and said, gee, what else can we do, what are other places doing around the world in this? Remember, this was an orange alert. Chief Ramsey. I do realize it was an orange alert, sir. I'm very sensitive to the fact that it was an orange alert. But we also have a deranged man and a situation where he's claiming to have explosives. He could very well have access to firearms. There's all kind of things going on at the time. We're trying to resolve it the best we can, and in looking back at situations, one can always say that, well, it was really no threat, we could have stormed the tractor. But we're not going to put our officers' lives at risk unnecessarily either. So it's a very difficult situation. Fortunately, there was no loss of life, and we were able to move on from it. Mr. Harp. Excuse me, Mr. Chairman. May I respond to that? Chairman Tom Davis. Sure. Mr. Harp. I spent probably more time personally actually on the scene than Chief Chambers or Chief Ramsey, and at the outset, he did threaten with a bomb, and according to ATF and our people, the blast radius would have been somewhere between 500 to 1,500 feet. Now, I think that dictated somewhat the closure of Constitution and some of those related problems. But focused on the interperimeter and what was going on, as long as the gentleman was isolated on the tractor in the middle of the pond, he was only a threat to himself. Our primary concern is the private citizen's safety, the safety of our officers, as well as the safety of Mr. Watson, I believe his name was. Chairman Tom Davis. Well, I mean, I'm glad you're concerned about Mr. Watson's safety, but--let me--you'll get a chance. This is just the police department's emergency calls. We haven't yet--we're still tallying the number of emergency calls that came in on September 11th for fire and the rest, and this backed out into the Virginia suburbs. And in Maryland. I mean, this was everywhere, and all I'm saying is, we want to learn a lesson from this. We don't want to harp on it. I understand everything that went into this decision, and you and I have had this discussion, and I appreciate it. You were going by the book as it was written at the time, but we need a new book. Mr. Harp. Well, I understand that, and I agree there should be some type of intermediate step. But during--starting--right after the immediate response, we developed an investigative strategy during the first day and a half, from Monday afternoon, Monday night, Tuesday morning, Tuesday afternoon. We obtained and executed, I believe, four search warrants down in North Carolina. We're trying to develop the information and assess, first of all, does the fellow have the capability to do what he's threatening to do? Does he have all that--all of those issues? We even located the girlfriend down in jail in Miami, FL to interview her. We contacted the fertilizer distributors in the southern county area contiguous to D.C. We went to the licensing and regulating entity down in the State of North Carolina to see what his purchases were. There was an issue about the possibility of a 45 caliber side arm, and as long as he was out in that pond, we were not going to--he was, like I said, the only threat was to himself. If he approached the lip of the pond, we were going to employ the gas, and if that was not successful, then we were going to escalate it to what was necessary. Simultaneous to that, we developed a wiretap, and on an emergency basis--this all takes time to do this. So we were monitoring his calls. After the first day and a half, we were starting to get telephone calls that he was intending to surrender. Now, if we would have taken proactive steps in the middle of this investigation in the standoff, that would have precipitated a reaction by him that would have caused him to react in a way we did not expect and then to have to employ deadly force after we already have those conversations, I can guarantee the issue in this hearing would be different. I dug up the newspaper articles following the 1982 standoff at the memorial, I think with a Mr. Buyers or Meyers, whatever his name was, and once he started down that hill, they shot at him to disable his truck, I believe. The ricochet killed the gentleman. There was a 6-week grand jury investigation following that, and I will just tell you right now, my experience, I am familiar with both Ruby Ridge, and I am familiar with Waco, and I have experienced a couple of these incidents in my career, and the alternative very difficult. We have an agent still paying the price as a result of a legal shooting employing deadly force after---- Chairman Tom Davis. You're afraid of getting sued. Is that---- Mr. Harp. Not in the least. That gentleman would have driven that tractor off--out of that pond and approached the lip, we were going to use the gas, and if it went further, I was prepared and we were prepared to exercise deadly force if that was required. We could not even sneak up to him, because the tractor in and of itself was a deadly weapon. That water, 3 to 5 feet of water, was no impediment to that tractor. Chairman Tom Davis. He had a permit. Is that--at one point. Am I right, Chief? Chief Chambers. He had a permit but not for the Constitution Gardens area. It was for a static display, being his tractor, up at the Washington Monument. He had been there in prior years as well. Mr. Harp. May I add one comment? Chairman Tom Davis. Yes. Mr. Harp. Shortly after Director Mueller called me over and got some of the senior executives at headquarters and asked the very same question about intermediate steps, we've already begun looking at less than lethal to be able to use in those type of situations, and we will employ additional tactical expertise on scene, but---- Chairman Tom Davis. I think we have to. I mean, or we see the next one and the next one and the next one, and we have people say, well, we're going to protect this guy, we're afraid of the repercussions on agents, and we want to protect the citizens, and one person ties up the town. Mr. Harp. I agree, but when you look at the nature of the threat on the front end---- Chairman Tom Davis. I understand how you react to that. Look, I understand that. Mr. Harp. In 47 hours--and I understand the traffic issue and---- Chairman Tom Davis. I just don't want it to happen. I mean, we can't afford to have these kind of things recurring and recurring and recurring. I remember the Woodrow Wilson Bridge incident where they didn't even prosecute the guy, and it happened again after that. And Chief Ramsey, the great frustration you heard from Mr. Wolf earlier, and we're hearing from Members and staff is I know you have some very tough situations, bomb threats in tunnels. We've talked about that. You know, but we have to have a strategy to try to minimize the impact on traffic as well and make that a consideration and a factor, if nothing else, when there's an accident, get an officer out on the scene to move people around as quickly as you can there and at other key assets. Three hours getting in town for one of our--that's--you know, it basically holds up the mechanisms of government, and I know you get some really tough situations, but we just want to work with you to try to--as Mr. Wolf had suggested, having tow trucks available quickly. Yes, you want to get all the facts about an accident, but frankly, in my opinion, the facts of that accident in terms of future proceedings in court are minimal compared to holding up, you know, 100,000 people trying to get into the city, holding up the workings of government and the like. And if we can just work to try to improve on this, every incident is more difficult. Chief Ramsey. Yes, sir. I don't disagree. I don't know if you're referring to yesterday's accident on the 14th Street Bridge. And I don't know if that was a reference to that or not. I think it was mentioned earlier. But just as a point of information, that accident occurred at 7 a.m. It was a five-car accident. Three cars had to be towed. One pregnant woman had to be taken by ambulance to a hospital. As a result of that, it did shut down one lane. Three lanes we left open, but it did cause a tremendous traffic jam, and unfortunately when those kinds of accidents occur, there's going to be a traffic tie-up. Whenever it's a property damage accident, then obviously getting those vehicles off the roadway as quickly as possible so that traffic can flow and even in personal injuries, that's something that's always the goal. I know that based on what we heard earlier, our deputy mayor is already looking at a proposal to perhaps take a look at requesting some funding for additional cranes and other types of resources to perhaps be able to position them in a way where they're right by the bridges and be able to snatch it off the bridge very, very quickly. Chairman Tom Davis. I understand yesterday that---- Chief Ramsey. And that's the sort of thing that I think you're looking for. Chairman Tom Davis. It was an hour and 15 minutes before the trucks came to tow yesterday, and during that time, it's-- it makes a---- Chief Ramsey. It was a total of an hour and 15, of what I have. 7 to 8:15 a.m. But we also had an ambulance run because one woman was injured, and we had three cars that needed to be towed. So it was cleared at 8:15 a.m. But, again, it did tie up traffic. It doesn't take much to tie it up around here. Chairman Tom Davis. Again, I'm hearing increasing frustration, and not just from commuters, but holding up government at a time with orange alerts and everything else, that we need to rewrite the book. So, that's why, Chief Chambers, as you look at what we might have done different, we want to work with you and hear from you so that when it happens again, we're not tied up three or four or five rush hours, and no one knows how many it might have been, as we're waiting for this guy. We have to have additional strategies, and if it takes additional equipment, that's pretty cheap, the price, whatever it is. Mr. Van Hollen. Mr. Van Hollen. Thank you. Thank you, Mr. Chairman. I'm sure you'll hear from all Members who are here right now all from the Washington region about traffic frustration in various degrees. God knows one thing that did not change between the time I moved from the State legislature in Annapolis where I was for the last 12 years to Washington, is even though that's five times as far, it takes me just as long if I'm driving into town. So there are lots of issues and lots of issues we have to deal with in the Transportation Committee, obviously to resolve our traffic problems as a region. But that is one component, obviously, of the bigger issue that we're here about, which is readiness with respect to a terrorist attack, and it's difficult with the bells going off, and all the votes to really dig into these issues. So I hope, Mr. Chairman, we'll have a further opportunity as we go to discuss the medical preparedness in the region, issues of the real preparedness of first responders. There are a whole host of questions you don't have an opportunity to get into in this limited time. But there is one issue that is sort of at the intersection, of course, of traffic issues and a terrorist attack, for example, like a chemical attack or some other kind of attack, and that is the question of evacuation. And Chief Ramsey, you raised a very good point that others have made as well in earlier panels, which is in the event of an attack like a chemical attack, we don't necessarily want everybody getting on the roads and getting on the Metros. It may be that people are much safer staying in place or going underground, and my question is what kind of information system do you have for gathering the data, assessing the threat and letting the public know--I mean, the natural instinct of people is going to be to want to get out of town, if not to get away from an attack, to go see their families in the suburbs. What kind of information systems do you have for identifying the location of the attack, if it's a chemical attack, what the direction of the plume, for example, is, and how quickly can you do that, and how then do you communicate to the public whether they should be getting out of town, because they may be in the direction of a plume in the case of a chemical attack, or whether they should stay put. Have you addressed those kind of issues? Chief Ramsey. Yes, sir. Should there be a situation where we suspect a chemical attack of some kind, the Joint Terrorism Task Force responds to these scenes automatically. So does our Fire, EMS and HAZMAT unit that will do a quick assessment to find out what it is that we are up against. There is software that will give you information relative to any plumes that would develop as a result of that depending on the substance, wind direction, temperature, all those kinds of things to let you know what the area is that perhaps you need to evacuate if that was the situation. The media is the quickest way of getting information out, both radio and television, the Internet. I mean, every means available to us to get information out to the public would be used, but the quickest way is obviously through the media, and passing along that information to get people not to go toward an area that could be contaminated, but also to get them out of an area that we may need to seal off, whatever the size of that area might be. So we do have the technology in terms of software that can give us the radius that would be needed to clear, and we also have people that respond very quickly to these scenes to try to quickly assess their--there is other technology that I shouldn't talk about in an open forum that is available in the city as well to quickly detect those kinds of releases. So I hope I answered your---- Mr. Van Hollen. Yeah. Who's responsible in this effort between local and State and Federal officials? Who's responsible for getting that information out across the media outlets? I mean, is that dependent on the situation, or do you have a plan where there's an evaluation made, for example, at the Federal level, and that information is then communicated to the--I mean, I assume the National Weather Service, for example, has input with respect to the direction of any plume in the event of a chemical--how does that information get coordinated, and who is responsible for disseminating that information to the public as quickly as possible? Chief Ramsey. Well, actually, at the local level, our department of Emergency Management, EMA, coordinates all those kinds of things for us. Peter La Porte is here with us now. The software that I'm talking about that we use for the direction of the wind and all that, that's plugged in directly to the National Weather Service, so you get real-time information about wind speed, direction, temperature, all those kinds of things that would impact the affected area. So that is done fairly quickly, but it is the local government that would be primarily responsible for getting that information out. But to determine what that information is that needs to get out, of course we rely on Federal assistance as well as our own fire, EMS and other specialists that are there to tell us what it is we're up against. Mr. Van Hollen. What is your assessment of the level of-- this is just a general--what is your assessment of the level of preparedness in the Washington region to a chemical attack, a low-level--or a nuclear explosion that took place? I mean, are we ready? If we're not ready, what additional measures do we need to take? Chief Ramsey. Well, I think we're ready, but, again, that's all relative. If you have a nuclear device explode, you're going to have loss of life. If you have a release of a chemical agent, depending on what that agent is, you can have some loss of life. But do we have the equipment we need to be able to respond and work in that environment? Yes. Do we have the ability to be able to detect as quickly as possible what that is so we can save as many people as possible? Yes. But being prepared doesn't mean you have zero loss of life. I mean, there is a price that is paid if we have a situation like this, and we can only hope to minimize any injury to the public at large. But we have been given the resources. We have the training. We have the communication and the coordination in place that I think makes us as prepared as any region, if not more prepared than any other region in the country. Mr. Van Hollen. Now, clearly, clearly there would be terrible loss of life if any of those, especially a nuclear attack happened. My question related to our ability to respond. And with respect to the deterrence and prevention aspect, what has been the level of cooperation between--to the regional governments and the Federal Government with respect to them providing you with information about the nature of the threat? Have you felt that information has been communicated quickly and accurately to you with--the full amount of information that you need that they're getting, whether it's getting down to you? Chief Ramsey. Yes, sir. I'm very, very pleased. I have a clearance, and I'm privy to information that comes in as it affects Washington, DC. Mr. Harp mentioned earlier that we have regular conference calls. We have a standard weekly conference call that we have, and we have it daily when we need to if there's a specific threat to Washington, and that's all the regional law enforcement agencies. We have regular meetings there at the Washington field office. In fact, there is one today that took place that covered some intelligence information. I've had other briefings as well. I couldn't be happier with the amount of information that comes to me as it relates to threats against Washington, DC, and I know that there's been some, you know, discussion on the part of some chiefs that weren't in the same position that I'm in, unfortunately, but as far as Washington goes, the cooperation and coordination of not only the FBI, but I feel that way about the Secret Service as well and the other Federal agencies that we have regular contact with. Chairman Tom Davis. Thank you very much. Mrs. Davis. Mrs. Davis of Virginia. Thank you, Mr. Chairman. Director Harp, Quantico Marine Corps base is located in Prince Williams County, part of it in Stafford. As you know, on that facility is the FBI Academy and the DEA Academy, and we have a lot of folks there. It's dissected by Interstate 95, and my question is have adequate measures been taken, in your opinion, to make sure that facility is protected and that the people there know what to do in case of a terrorist attack? Mr. Harp. I believe so. The continuity of operations plan has been developed for Quantico. In an attempt to shorten my statement, I did skip over the specific mention of the Quantico academy and the Quantico Marine Base, but they are included as well in our deliberations and practice and training and all those considerations. Mrs. Davis of Virginia. You know, I travel that corridor every Monday and Friday going back and forth to home, and I will tell you that the bottleneck, when you get off of where the HOV lanes are, you get right into that Quantico/Triangle area, and that is my concern that I keep talking about today. If we had to have a mass exodus out of D.C. because of something like we had on September 11th, even getting out of D.C. on September 11th was next to impossible for most of us, but I just have got a real concern about what would happen down in that corridor, and I certainly hope everyone is going to keep that in mind---- Mr. Harp. Yes. Mrs. Davis of Virginia [continuing]. When you think of our evacuation plans, that you keep that in mind that it really bottlenecks there now without a terrorist attack. Mr. Harp. We are cognizant of those threats, and we've attempted to address them in our planning. Mrs. Davis of Virginia. Thank you, sir. Thank you, Mr. Chairman. Chairman Tom Davis. Thank you very much. Mr. Ruppersberger. Mr. Ruppersberger. Yeah. Let's get back a little bit to the issue that happened in the park. You know, I really think that you as law enforcement are there to respond, and you do a good job, and you have the techniques, but you just don't have the resources. And I understand the next panel is going to be more about transportation. But I think whenever you affect someone's everyday pattern of life, especially at a place like Washington, DC, where we all come to work, it causes a lot of frustration, and as elected officials you get a lot of complaints and phone calls. But if we're really going to take this seriously, first we have to come up with a plan that will work and second, we have to find a way to fund it. And I think a lot of what we're talking about is maybe a flexible transportation plan that is going to cost billions of dollars, but really studies some of the best transportation systems in the world. And if we're going to really make our Nation's Capital a place where we have incidents--and we always will--and we're going to be able to move traffic in situations like this or just an automobile accident, we're going to have to have a plan, we're going to have to have somebody in leadership at the top who can make decisions to divert roads and close roads to make sure we get traffic patterns moving, including cameras almost as a 24-hour, 7-day-a-week situation, but it's going to cost a lot of money. Now, the possible good news if we're willing to undertake that, is that every elected official who works in the Capital somehow lives near this area, one way or another, and understand that this is the Nation's Capital. And if you look at this Washington, DC, from at least my perspective, it may not be your opinion, I think we have a deteriorating infrastructure that has to be dealt with. And if you don't take care of the basics first, things start to deteriorate. Roads, potholes and situations. And it's not Mayor Williams. He's doing the best he can, but he needs more resources. He needs people to live in the district who can pay the taxes to help pay for these things. So I'm looking forward to the next panel, because I think really the issue, you responded, you tried to do the best you could. You created your perimeter because you want to save lives and you want to save the life also of your police officers, plus your citizens. But there needs to be some flexibility and technology. It is there, but we have to be willing to pay for it. And thank goodness you have Chairman Davis here who lives in the area, and what I understand, likes to get things done. Maybe we can really take this to another level. Getting back to some of the issues on homeland security, I think WMATA is something that we have to deal with, with terrorism. Terrorism is a lot different than other crimes, so to speak, and the terrorists want to create a situation that will have impact in the news media. I don't know who can answer the question; but do we have the resources, the sensors, the radiation sensors, the chemical sensors that we can help to discover if something occurs or try to stop things before it occurs? Where are we with respect to that, or are we underfunded and we don't have those resources? And, by the way, the things I am talking are chemical sensors, biological sensors. If you have a biological or chemical, you can have a decontamination right there or close by like you would have a fire hydrant. Anything of that nature? Mr. Harp. I think some of that could be answered by the next panel. With respect to our preparations, our National Capital Response Squad does have those assets. We are working very closely with DOE on the anthrax investigation. We have employed all of the national labs. We have had eight specific conferences in my office deliberating on the anthrax threat and the investigation. We have done, I think the best we can within our ability, our Hazardous Materials Response Unit and our Weapons of Mass Destruction Unit at headquarters. Both are a national asset and they address those concerns. We did employ them during the tractor incident. We could always use more. I understand that--and, you know, we had never been attacked prior to September 11th, but since then we have had not only the Pentagon and the Trade Center, but we have had anthrax, we have had a host of hoax letters and our personnel from the JTTF and the Capital Response Squad deploy to what are possible hot scenes. So, yes, we could use more resources. Mr. Ruppersberger. Chief Ramsey, how many people in your organization really do you assign to work narcotics? Chief Ramsey. That I assign to work on narcotics? Mr. Ruppersberger. Drug enforcement. Chief Ramsey. I can get you exact numbers as to how large NSID is. Close to 100. Mr. Ruppersberger. We had testimony yesterday that because of the homeland security and the terrorist threat, that there are a lot of resources that are being taken out of the narcotics enforcement, which is still our biggest problem in the United States from a crime point of view. Do you agree with that? Chief Ramsey. It is a large problem, yes, sir. Mr. Ruppersberger. Are you having problems because of resources you are getting and putting into homeland security, taking away from areas, especially narcotics. Chief Ramsey. Not necessarily narcotics, but neighborhood patrols and the narcotic enforcement at the District level suffers as a result of that; not necessarily just the narcotics section, but the officers in the districts that work on local narcotic problems. Now, as a good example, with the IMF World Bank coming up and code orange, and those kinds of things, when we have to take resources to start dealing with some of those threats, we pull out of the neighborhoods to an extent, although we do everything we can to make sure our numbers stay up in the neighborhoods, but it strains us tremendously. Mr. Ruppersberger. May I make one more comment? Since September 11th, we know that things have changed. But I think there is no question that from a terrorist point of view that Washington, DC, and probably the Nation's Capital would be a target. And I think because of the cooperation between Federal, State and local, I think each one of your organizations has done a tremendous job in the intelligence end, working together as a team, more than I ever seen, and I think that is one of the reasons we have done well. Now, of course, the arrest or capture of Mohammed, that had a real significant impact. But if you look at what has happened in the presence of law enforcement--I was driving in another spot in Washington last night where I hadn't been. I saw police cars with lights on. I think you all should be commended so far--I said so far; you want to keep it up--but I think there has been tremendous cooperation and I think everyone who is working in law enforcement wants to make a difference and they want to make sure that they protect their citizens. Now it is our job to get you the resources. Chairman Tom Davis. Thank you all very much. It has been a long day for you. We appreciate the job you are doing and we need to look ahead at new strategies as the situation continues to evolve here in the Nation's Capital. Anybody want to add anything? If not, if you want to answer anything supplementary, feel free to send it in and we thank you very much. We will take a 2-minute break and then go to the next panel. [Recess.] Chairman Tom Davis. Thank you very much. We are on our final panel now. We have Richard White, the general manager of the Washington Metropolitan Area Transit Authority; David Robertson, the interim executive director of Metropolitan Washington Council of Governments, accompanied by Mary Hill, one of the supervisors from Prince William County and very good friend who is Chair of the Board of Directors. And to round out the panel we have Bob Peck, the president of the Greater Washington Board of Trade. Thank you all for your patience. And if you just stand with me, I will swear you in and we can get right to it. [Witnesses sworn.] Chairman Tom Davis. Let the record show that the answer is in the affirmative. And, Mr. White, why don't we go with you and go right down? And, again, I apologize. The congressional schedule is something we can't always control. STATEMENTS OF RICHARD WHITE, GENERAL MANAGER, WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY; DAVID ROBERTSON, INTERIM EXECUTIVE DIRECTOR, ACCOMPANIED BY MARY K. HILL, CHAIR, BOARD OF DIRECTORS, METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS; AND BOB PECK, PRESIDENT, WASHINGTON BOARD OF TRADE Mr. White. Chairman Davis and members of the committee, good afternoon and thank you for asking me to testify. My name is Richard White. I am the general manager and chief executive officer of the Washington Metropolitan Area Transit Authority. Mr. Chairman, my written statement, which I am submitting for the record, explains in detail WMATA's emergency preparedness in coordination with the region. So in the interest of time, I will offer a summary of those remarks. As the largest transit provider for the national capital region, Metro takes its responsibility in homeland security with the seriousness it demands. Metro holds a unique position in the region in making the transformation required for operating in a post-September 11th environment. In making the necessary adjustments, WMATA must focus on two eventualities: the prospect of being both a target of an emergency event and a critical component of regional response and recovery. In doing so, we must consult, coordinate, and plan our activities across numerous Federal, State, and local jurisdictions. As it pertains to working with the region, one of the questions of this hearing, WMATA'S emergency preparations and security upgrades will provide limited benefits for the national capital region without considerable coordination and planning among all the region's Federal, State and local government players as well as the private sector. It is quite fitting for me to share this table with David Robertson from the Metropolitan Washington Council of Governments and Bob Peck of the Washington Board of Trade. Thanks to the efforts of COG, the region has made significant progress on the issue of regional emergency response planning and coordination. In September of last year, COG adopted a Regional Emergency Coordination Plan that was the culmination of a year-long effort involving numerous agencies and entities. And I'm sure Mr. Robertson will be referring to the RECP and the Regional Instant Communication and Coordination System [RICCS]. So I will pass on that. Complementing COG's emergency preparedness outreach efforts is the greater Washington Board of Trade, a critical link to the region's business community. The Board of Trade has been an active partner in working with others in the region toward development of the RECP, participating in the Emergency Preparedness Council of the COG, and also partnering with the Office of National Capital Region Coordination. They also are an extremely important partner in ongoing coordination and consultation efforts. I would like to speak specifically to the appointment of Michael Byrne to lead the Office of National Capital Region Coordination [ONCRC]. ONCRC provides a tremendous asset for helping the region to move forward with its emergency preparedness, particularly as it pertains to coordinating activities between the region and the Federal Government and to acting as a clearinghouse in coordinating activities amongst various elements of the Federal family. The Office of National Capital Region Coordination has recently initiated a process with private and public sector infrastructure providers in this region, including WMATA, to assess vulnerabilities and interdependencies and to make recommendations for critical infrastructure measures. Transportation spanning the public and private sectors is one of the four sectors that ONCRC will be evaluating in this effort along with telecommunications, energy, and public health. The results of this analysis will become an important component of the ONCRC's baseline assessment to the Congress on the emergency preparedness of this region as well as making recommendations on needed resources. So I would put an emphasis on that, Mr. Chairman, in that this new Office of the National Capital Region Coordination is in the process of preparing a baseline assessment and the importance of that assessment to the Congress. And I do believe the assessment will provide real direction for the region as to where we need to go to improve our capabilities as a region. Of course, this infrastructure protection is just one component of the emergency preparedness equation. All employers in the region, both private and public sector, need to take responsibility for having emergency plans in place and for actively communicating and rehearsing these plans with employees. In turn, they are dependent upon receiving accurate, timely, and substantive information from various responsible parties and assisting them with their emergency planning and response activities. The ongoing efforts of the Office of Personnel Management in coordinating activities for the executive branch of the Federal Government and the Board of Trade in acting as a catalyst for coordinating activities with private sector employees and employers are extremely important in this regard. As it pertains to another question of yours, transportation evacuation planning, we do have a framework in place for action in the transportation arena, but we are still in the process of learning how to make the plan operational, and much more work is required in this area. There is an annex to COG's regional plan that provides specific guidance on evacuation planning for the region, including a number of potentially promising strategies to facilitate management of mobility and usage of the transportation network, and there is an extensive listing in those strategies both in the plan and attached to my testimony. What needs to be done now is to get the necessary resources and commitment and efforts in place to take what we have already accomplished to the next level so that an actual operational evacuation plan can be put into place, something that we do not have today. The region's key players, in turn, must commit to resolving in advance key decisions on specific actions in order to obtain a consensus on a preapproved set of operational response strategies in anticipation of any number of potential scenarios. As it pertains to WMATA's specific issues, we do a big job today. The amount of people we carry and the percent of the work force, including the Federal work force, that we deliver is in our testimony. One important message from me to you is that we do not have an unlimited capacity to carry people. We are at the upper limits of our current availability to accommodate riders during the rush hour, so in the event of an emergency we could have a situation where our transit system is burdened beyond its existing capacity limits. And in my testimony is reference to a considerable analysis WMATA has done at the urging of this committee and in response to a report from the General Accounting Office that lays out the detailed road map we need to follow to give us the additional capacity capabilities that we do not have today. Unfortunately, these needs are over and above what we are receiving from Federal, State, and local sources and what we expect to receive from the upcoming reauthorization of the TEA 21 surface transportation bill. The set of needs under critical infrastructure and addressing redundancy is a very important consideration of WMATA and is now our No. 1 homeland security priority. We are actively coordinating this issue with Michael Byrne in the Office of National Capital Region Coordination and asking the Congress and the administration to assist us in our effort to make operational in a timely manner a comprehensive backup operations control center to ensure WMATA's continuity of operations under a variety of threat conditions. Our transit police and safety specialists are currently facing challenges in ensuring that they receive in a timely manner the tools they need to respond to emergencies from Federal agencies offering assistance, such as FEMA and the Office of Domestic Preparedness within the Department of Homeland Security. Given the unique jurisdictional boundaries that define WMATA's service area, we don't fall neatly into any single State in terms of applying for first responder assistance that flows from the Department of Homeland Security to the States. In a sense, we are an institutional orphan. We frequently slip through cracks and spend a considerable amount of time working through the application processes with three State-level emergency management agencies. In order to expedite this process, WMATA and other regional agencies should be able to apply directly to the Federal agencies offering first response and other emergency assistance. Any assistance the Congress can provide in this manner will be greatly appreciated. I want to thank you, Mr. Chairman, and the rest of the members of the committee for the opportunity to present these remarks and for the support you have provided to Metro over the years. We look forward to continued discussions with the region, the administration, and the Congress on ways to enhance the emergency preparedness response and recovery capabilities of WMATA in the national capital region, and of course I would be happy to answer any questions that you might have. 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Mr. Robertson, thank you--Mary. Ms. Hill. Thank you, Mr. Chairman. It is my first time as well, so I am excited. Be kind. First and foremost, I am a local elected official, and I say that in appreciation of Congressman Ruppersberger's comments earlier about the hometown responsibility that local elected officials have in providing effective emergency response. But this year, I am honored to be the chairman of the Metropolitan Washington Council of Governments. As you know, Mr. Chairman, having served as its president in the past, the Council of Governments is an organization of our 18 local jurisdictions within the Metropolitan Washington Region. At this time, I also serve as the first Chair of the national capital region's Emergency Preparedness Council, and I am pleased to be here today to begin COG's presentation on its role in emergency preparedness. I am accompanied, or I was accompanied earlier, by the two vice chairs of our Emergency Preparedness Council, Carol Schwartz, who is a member at large of the Council of the District of Columbia, and Bruce Williams is also vice chair of the Emergency Preparedness Council. He is mayor pro tempore of Takoma Park; and vice chair of the Board of Directors, Mayor Judith Davis of Greenbelt, who was also with us earlier. Still with me is David Snyder, a member of the Transportation Planning Board at COG and also a key member of the team that is working on emergency preparedness, particularly the transportation evacuation annex. Let me acknowledge at the outset some of COG's most important partners in addressing emergency preparedness who are here today: Richard White, general manager of WMATA, and Bob Peck, president of the Greater Washington Board of Trade. Collaboration with the region's major transportation authority and the principal organization representing the private sector was key to making the regional process both comprehensive and effective. COG and its partners want to express our gratitude and appreciation to Members of Congress because they recognized quickly the need for a regional role in emergency planning. Without your interest and support, we could not have mounted the planning process or achieved the level of coordination we will describe here today. And we are proud to say that by funding the regional planning progress, Congress demonstrated vision and leadership even as our Nation was recovering from the shock of a terrorist attack. The tragedies of September 11, 2001 alerted all levels of government and the citizenry at large to the need for improved response to natural or human-caused emergencies in the national capital region. This need has been addressed at three levels: at the Federal level through the creation of the Office of National Capital Region Coordination within the Department of Homeland Security; at the State level through the national capital regional Summit, sponsored by the Office of Homeland Security, the Governors of Maryland and Virginia, and the Mayor of the District of Columbia; and at the regional level through COG and the governmental, private, and nonprofit first responders in the national capital region. Our testimony will cover discussion of COG and its role in the region that was produced as a result of the COG-led emergency planning process and the goals that will buildupon current accomplishments. Finally COG's testimony includes a status report on specific issues of interest to the committee. And I would like to acknowledge that two outcomes of that committee--of the task force--was the creation of the RECP, which is the Regional Emergency Coordination Plan which was approved last September 11, 2002 on the 1-year anniversary of the terrorist attack, but it now just demonstrates the level of coordination and cooperation within the region. It has now been adopted formally by 16 members of the COG and there are two jurisdictions yet to adopt it, but it is on their docket for adoption, and also the risks which you heard mentioned, which after September 11th where it took 8 hours for a lot of that conferencing to occur. Now, as a result of the RICCS, within 30 minutes of a terrorist incident or threat of an incident, the RICCS goes into operation. Mr. Chairman, the national capital region's emergency planning process has created a vital partnership among the groups here today to report to you, and we are very proud of what has been accomplished so far. And, more importantly, we are committed to maintaining a State of readiness to help assure the security of the citizens of this great region. I would like to thank you personally, Congressman Davis, for your support in cosponsoring legislation which unfortunately did not make it out of committee last year, but legislation by Congressman Kingston of Georgia, which would have allowed for regional funding for homeland security efforts. And I still believe that is necessary to the success of our region and other regions throughout the country. Another issue that is important to me is the need to provide for our first responders. And one of the things that you may not be aware of, one of the needs of our first responders that has gone unmet for many many years, is the liability and indemnification issue that has a federalism aspect to it that has been very difficult to provide a solution for because of the disparate State laws and different laws in the District of Columbia so that our responders will have the indemnification and our local governments will not have that liability issue, and we will need your support in that. And Secretary Ridge and Mike Byrne have agreed to help us with that as well. But it is an important issue for our public safety folks as well as others. And let me take the opportunity to introduce our former interim executive director, but as of yesterday he is our new executive director at COG, David J. Robertson, who will continue our statement. And thank you very much for the opportunity to be here today. Chairman Tom Davis. This means he is permanent now? Mr. Robertson. Thank you, Mr. Chairman and members of the committee. As was referenced---- Chairman Tom Davis. I am a former president of Council on Governments and Metro rider--I have got you all. Mr. Robertson. I am very pleased to present the balance of COG's testimony concerning the Regional Emergency Coordination Plan. We are tremendously proud of that. We believe it is the first regional coordination plan in the Nation's Capital, certainly, but also in the Nation as whole. We modeled that plan after the State and Federal emergency plans, so there is a full consistency between these local Federal and State plans. We have worked very hard to develop the regional incident communication and coordination system. Several of the speakers have referenced that as part of their comments and it was extensively used by the Council of Governments not only in the sniper incidents several months ago, but has been regularly tested by our local first responders and they have found it to be a very worthy tool to improve coordination and cooperation in the national capital region. It is also important to note that just about all of the stakeholders that have been present for this testimony today have been part of the creation of the Regional Emergency Coordination Plan. COG sees its role as a convener in forum to bring together sometimes disparate interests to find a common ground and common solutions that we believe are necessary in the Nation's Capital region. I will now focus and respond quickly to the points that were asked by the committee. Our expanded written testimony was provided to the committee along with the summary of the Emergency Coordination Plan. We share the assessment that there has been a great deal of communication and a great deal of cooperation but more needs to be done. The stakeholders at the State level and the Federal level are active partners in our national capital region Emergency Preparedness Council and have been part of the deliberations and actions by COG. We recognize that COG's role is not operational but we also find value in the coordination of those agencies that have operating or response capability. On the matter of transportation, evacuation, and street closures, our Regional Emergency Plan also includes a transportation and coordination annex that is the foundation for further work by Metro, the Board of Trade, State Department of Transportation, State emergency management agencies and others. Additionally, the medical assistance and response preparedness, we have been working very closely with Federal agencies and State health departments and local health departments to build on the disease surveillance systems that are currently being pursued by the Federal Government. And last but not least, of course, communications and technology. We believe that the RICCS system provides an unprecedented access to decisionmakers to provide them real- time information so that decisionmakers need not get all of their information from the media, but from responsible emergency management officials and can make decisions accordingly. In the interest of time, that concludes my presentation and I will be available for questions. [Note.--The Metropolitan Washington Council of Governments publication entitled, ``The Regional Emergency Coordination Plan.'' may be found in committee files.] [The prepared statement of Mr. Robertson and Ms. Hill follows:] [GRAPHIC] [TIFF OMITTED] T7679.094 [GRAPHIC] [TIFF OMITTED] T7679.095 [GRAPHIC] [TIFF OMITTED] T7679.096 [GRAPHIC] [TIFF OMITTED] T7679.097 [GRAPHIC] [TIFF OMITTED] T7679.098 [GRAPHIC] [TIFF OMITTED] T7679.099 [GRAPHIC] [TIFF OMITTED] T7679.100 [GRAPHIC] [TIFF OMITTED] T7679.101 [GRAPHIC] [TIFF OMITTED] T7679.102 [GRAPHIC] [TIFF OMITTED] T7679.103 [GRAPHIC] [TIFF OMITTED] T7679.104 [GRAPHIC] [TIFF OMITTED] T7679.105 [GRAPHIC] [TIFF OMITTED] T7679.106 [GRAPHIC] [TIFF OMITTED] T7679.107 [GRAPHIC] [TIFF OMITTED] T7679.108 [GRAPHIC] [TIFF OMITTED] T7679.109 [GRAPHIC] [TIFF OMITTED] T7679.110 [GRAPHIC] [TIFF OMITTED] T7679.111 [GRAPHIC] [TIFF OMITTED] T7679.112 [GRAPHIC] [TIFF OMITTED] T7679.113 [GRAPHIC] [TIFF OMITTED] T7679.114 [GRAPHIC] [TIFF OMITTED] T7679.115 [GRAPHIC] [TIFF OMITTED] T7679.116 [GRAPHIC] [TIFF OMITTED] T7679.117 [GRAPHIC] [TIFF OMITTED] T7679.118 [GRAPHIC] [TIFF OMITTED] T7679.119 [GRAPHIC] [TIFF OMITTED] T7679.120 Chairman Tom Davis. Mr. Peck, thank you very much for being here and waiting. Last but not least. Mr. Peck. I used to work on the other side so I know how long these things can go. Thank you for allowing us to be here. The Board of Trade now has 18 months' experience working on emergency preparedness in this region. I want to recognize, over my left shoulder, Caroline Cunningham and George Radenberg who chairs our committee, who is with AOL Time Warner. I want to thank the Council of Governments because they have, as the phrase now goes, embedded our members in just about every subcommittee they have working on emergency preparedness. I want to say that there is--a lot is better than it was on September 11, 2001, obviously, in terms of emergency preparedness. I also want to say I think there is lot left to be done. And I also want to say, as the only person here who doesn't get a government paycheck and is maybe a little freer to talk, I don't believe that the region as a whole has been working at a pace in the 18 months since September 11th that reflects the urgency of this situation. We may be saying, what war on terrorism? I don't think we are moving at a wartime pace. Second, I am speaking here today, if I can presume to do so, for the 80 percent of employees in this region who are not employed by either State, Federal, or local governments. There are a lot of us. We are better prepared today. Communication is better among all of the regional law enforcement authorities, transportation authorities, and regional leaders. The COG communication system, RICCS, has done a tremendous job on that. We have private utilities beginning to work with the Department of Homeland Security on critical infrastructure protection. The public health sectors now have a syndrome reporting system which should prepare us or let us know as soon as possible if we face a biological threat. Our hotels are better prepared. And schools, we note, are beginning to send home notices to parents about what is going to happen in the schools. But overall, what we are concerned about is the lack of consistent and available public information, particularly to employers and their employees, and still critical infrastructure report. We think that the Congress and you particularly, Congressman Davis, did a great job in setting up the Office of National Capital Region Coordination, and we could not be happier that Mike Byrne has been appointed to head it. Every time Mike Byrne speaks to one of our groups, and he has done it several times, he speaks with authority. He is plain talking, clear thinking, action oriented, and is eager and even willing to collaborate. Every time he does address a group, participants walk away calmer, better informed, and knowing what courses of action they might be required to take, and just as importantly, what courses of action they are probably not going to be required to be taken. And I have to say the same about Chief Ramsey who has given some terrific briefings to business. And you heard an excerpt from it today, when he told you, among other things, that it is most unlikely we would ever need a mass evacuation of the city, and we need to repeat that more to our employers. The likely scenarios are those that don't require mass evacuations. They do require something that's even more difficult to impress upon people in the public, which is they probably got to stay put. That requires people be prepared. You can't expect when something starts to happen and the flee response kicks in, that everyone is going to stay put unless we have been prepared for it. There is urgent action required in bridging the gap between what is government planning which is realistic and hard-nosed and the public information we are getting. We think the public is prepared for and able to assimilate tough unpleasant information and we don't think the public's been getting it. We can't be prepared if the public isn't clued in and prepared in advance. It is not enough to say, have a kit and when something happens we will tell you what to do. By the time we try to tell people what to do in the midst of an emergency, people will have already taken their own separate actions and things won't work well. So we need some better information flowing from public officials overall. I also have to tell you that our employers feel both the moral responsibility and a legal responsibility to take care of their employees. And I want to call one issue to your attention which our members have been apprising us of more and more in recent weeks, and that is their concern over the liability, legal liability as well as moral obligation that they face in making decisions about emergency preparedness. A lot of employers are concerned about what actions they might be held liable for taking or not taking if something should happen, or even in the case of just practice drills. And I believe at some point that we may want to come back to you and suggest legislation to deal with this issue. In the absence of clear and unequivocal government advice, employers are really at risk when they try to take their own actions on emergency preparedness. I want to talk a little bit about the incident, the tractor man incident. There is nothing that has happened in the 18 months since September 11th that has more degraded the public's confidence in our ability as a region to handle an emergency. We thought, before that incident, people were beginning to believe that we had things well in hand; and I think we do have things much better in hand. You would be hard-pressed to know it from having looked at the tractor man incident. I want to make a couple of points. One, I heard the Park Police director on television say that the real problem is that there had been some minor damage to Park Service property. You correctly identified there was a much larger issue at stake, and I'm not sure it was immediately apparent to some of the Federal officials. Second, the metropolitan police department was very active in helping close down the streets and man the barricades around the incident. Our office at 17th and I street, I was able to watch several rush hours go by, and it was only the very last morning that I saw any traffic control officers appear on the streets, on I or K streets. Used to be when I was a kid growing up here, we had traffic control officers at major intersections every rush hour. This time we didn't even have it during a major incident causing gridlock. I think that ought to change. And I think as a daily instance, we ought to consider some different way of controlling traffic in the city. On critical infrastructure, 82 percent of the critical infrastructure in this region is owned and operated by the private sector. Mike Byrne has set up a group to work on this and the critical infrastructure companies in our region, gas and electric, communications, are currently paying for increased security and surveillance already. However, many of the federally recommended infrastructure improvements are not currently included in their capital plans because the resources aren't available. Metro is prohibited, I believe, from using customer-generated revenue on capital expenditures. And I would add that the Federal budget doesn't consider critical infrastructure protection eligible for the funding which is otherwise eligible for first responders and emergency planners. So I hope we will be able in subsequent appropriations to develop some funding for the critical infrastructure people in the region. Just two other comments about transportation and emergency transportation. Mr. Chairman, there is, as you have noted and as Congressman Wolf noted, a need for a regional response to transportation. I will note again the Board of Trade for years has suggested that there be a regional transportation authority. Finally I will note that every day--we held a conference last year called Unlock Gridlock. Estimates are that every day in this region, 40 percent of the traffic congestion is caused either by an accident or construction projects on the roads. Some of that congestion could be reduced by better management, whether it is stationing tow trucks and cranes in strategic locations, doing a better job managing construction, better signage. There are ways to deal with this issue which is one we face every day and not just in emergencies. Thank you for inviting me and I will be happy to answer any questions. Chairman Tom Davis. Thank you very much. [The prepared statement of Mr. Peck follows:] [GRAPHIC] [TIFF OMITTED] T7679.121 [GRAPHIC] [TIFF OMITTED] T7679.122 [GRAPHIC] [TIFF OMITTED] T7679.123 [GRAPHIC] [TIFF OMITTED] T7679.124 Chairman Tom Davis. Mr. Peck, I didn't write your testimony, but I could have, particularly on the incident on the Mall, but I know of at least two cases where emergency vehicles were significantly late because they couldn't get through the traffic and fortunately there were no deaths. It is a big picture, the total picture. And we heard them talk about the life of one person and they wanted to protect that, and that is important. But over time, if you can't get through other emergencies and you shut down the town, there are huge ramifications. We have to find a balance. I don't want to beat it to death. That is the point. It is not just everybody is inconvenienced and you lose productivity and Congress can't meet--and most people don't care about that. But the fact is when you can't get emergency vehicles through, then there is a huge impact. Mr. Peck. I will just say again, in most other cities you do see police officers on the street during major rush hours. At almost every bridge and tunnel that you see, there are dedicated tow trucks. And I know in lots of tunnels, the strategy is if somebody gets stuck, you can't have a tunnel shut down. And you were talking before that you know they have to take the accident report, and a lot of tunnels, they push the vehicles out of the tunnel if they have to. They don't mess around, and I think that may be called for. Chairman Tom Davis. I think they are going to come back with some new strategies. Hopefully, this has been helpful and motivating to do that. Mr. White, let me start with you. Let me talk about the blizzard, the snowstorm. I got the last train out of Union Station that night. I had flown in from Florida to New Jersey. Had to get my son back, who had an exam at Mr. Van Hollen's alma mater the next day since they weren't canceling school. And then I took the train the rest of the way down with my daughter and got the last train out to Vienna, but obviously it was tough. That place was packed. But I gather from running them during the evening of the snowfall, damage was incurred and the like, and I wonder if you could elaborate on that, because I know when government finally reopened, you had a number of cars that were out of commission. Is there anything we can do to prevent that? I just don't understand it well enough to understand what happened, how we can prevent it, and maybe you shouldn't have put them out there the night everybody was stuck. Mr. White. It is a tough call. And in that particular instance when the snowfall began in earnest largely on Sunday, with Monday being a holiday, there were a number of events that were going on in the region. People were urged to take Metro to these events that were going on at the MCI Center, the Convention Center, other places. I don't know what everybody was doing in the system with that kind of snowfall going on, but there were a remarkable number of people in the system at that particular point in time. And we needed to make a decision. When we would normally then move into a major protect-our-system and snow-removal mode, we had all these people in the system. And we were caught with that judgment to make, and we made the judgment that we really--and have lived by this creed for all of our history, that our job really is if we bring you in, we bring you home. And we found that to be the need. That was the compelling need. There is no doubt when our--this is not a major snowbelt area, unlike like the Northeast. We get a storm like this statistically once every 9\1/2\ years. And our equipment, unlike those in other weather-prone parts of the country and the world, can't handle snowfalls in excess of about 8 to 10 inches. When that happens, it just attacks and destroys our equipment in huge numbers. Chairman Tom Davis. We would be paying a lot of extra money for the equipment to get up to speed. Mr. White. That is the point, Mr. Chairman. The question is, do we fund ourselves at a level to prepare for an event every 10 years statistically, or do we grin and bear it and attempt to learn each time to make improvements each time that we can make to make the situation better and the response better? And that, quite frankly, is kind of the double-edged sword that we have lived by. The decision to take care of our customers during that first day led to consequences that were obviously impacted by our customers in the subsequent couple of days. The other interesting comparison, Mr. Chairman, is the last major snow event we had of this magnitude was back in 1996. And during that event, the major employers shut down for 3 consecutive days, and 4 out of 5 working days after the snow event. In this case, the major employer shut down 1 day. So there is an obvious relationship between the earnest desire that people return to normalcy and return to work as soon as possible. And it wasn't just the Metro system that was suffering from the effects of the snowfall. Our road system was basically in the same kind of shape with respect to limits on our capacity. And obviously, we as a region saw the effect of those sets of conditions. So I think this issue is--and our board has agreed to relook at these things, and we are working with the COG and our partners. Do we continue to stick with what our creed has always been? Will we take care of the people we bring in? Do we need to modify that decision in some fashion? And secondarily, do we want to consider toughing up for an event that occurs every decade or not? Chairman Tom Davis. That was our first code orange that weekend. Nobody could get through anywhere. I understand that dilemma. I don't know what I would have done at Union Station. I didn't get to ride with the 76-ers. I was back at the cheap seats on the same train. But we got there. You couldn't get a cab. Mr. White. We were the only thing moving. Chairman Tom Davis. Mr. Van Hollen. Mr. Van Hollen. Thank you, Mr. Chairman, and thank you for waiting through a long hearing. I appreciate it. Mr. White, while we've got you here, one comment with respect to proposed Metro fare raises. I just urge you to look very carefully before we increase Metro fares, because I think it will have an impact clearly on Metro ridership. I know you have been a victim of your own success in many ways. I am very concerned that an increase in the fares will result in fewer people taking the Metro and putting them on the road. So I really hope that you will take a good look at that. That, of course, is related to the kind of resources that you received elsewhere. And that leads to my question. Have you received any funds from any source for the specific purpose of responding to domestic security issues? Mr. White. Yes, we have. We are quite grateful to both the Congress and the administration in the first go-around in appropriations that took place a little over year ago where the region received a considerable sum of money. We were the beneficiaries of $49 million, $39 under the appropriation control of the Congress, and $10 that was released under the authorities of the executive branch. And in my testimony there is reference to a number of activities that we have used to increase our preparedness. It is money that has been very, very important to us. We have spent most of the money. There is only very little of it that hasn't already been put in place and has done things running the gamut of making major improvements for our police departments, providing explosive-resistant trash receptacles in our stations, to target-hardening ourselves with a variety of cameras and alarms and putting in chemical sensors in our stations and a lot of things. A lot of good things have come from this investment, but there are other things that we still have been making a request on for subsequent improvements as well. Mr. Van Hollen. What is the nature of your---- Mr. White. Our most significant liability at the moment, and that which has been identified by Federal vulnerability assessment conducted by the Federal Transit Administration, is the fact that we are an enormously centralized operation. And because of the centralization, both the control of our trains and buses, the communications, the process control, our business systems and lack of sufficient redundancy and supplemental capabilities is the single thing that we are most concerned about; overcoming that and building enough initial alternate and redundant capabilities so we can properly control the movement of our trains and buses, properly communicate any and all types of normal circumstances in the event that we need to be able to do it out of the location where it is currently conducted. Mr. Van Hollen. Are you eligible for the funds out of the Urban Area Security Initiative? Mr. White. That's an interesting question. And in my testimony, I draw a little bit of a reference to that. I'm not the expert on it, but my understanding is that there is the formula that drives the money out to the States, and then there is a process through which the States allocate the money back out to the local jurisdictions. We are not owned by anybody. You perhaps were not in the room during part of my testimony. In essence, we are an institutional orphan and we don't have a chief elected official that owns us. We don't have a legislative body that owns us. Granted, we get a lot of help from a number of people. But when money gets driven in a State- driven process, we are not the first thought of a chief elected official from a State or a city. Mr. Van Hollen. Part of the purpose of coordinating things that we talked about earlier is to identify priorities within the region. And I would hope that if there are any legal obstacles to sharing in that part of the money, if it is identified as a priority in the region, that you let us know so we can address those issues. If it is identified by the group that providing additional funds for WMATA is necessary, I would hope that we---- Mr. White. Yes. And there I think lies the critical importance and really the luck that we have that our region was designated really with special status with the creation of the Office of National Capital Region Coordination and, of course, Secretary Ridge's appointment of Michael Byrne to head that effort up. He has hit the ground running, and his task at hand, amongst all the things that the members have directed to him, is that he is obligated, or that office and the Department is obligated, to provide this Congress with the baseline assessment of our region and what that baseline assessment is, including the vulnerabilities and the interdependencies and in essence what are the priorities the region needs to attack. He is also conducting a coordination of critical infrastructure review to determine again vulnerabilities and interdependencies of critical infrastructure review. He has reached out to all of us to participate in the process, and for that we are very, very grateful. And we are looking forward to the outcome of that process, because I am hopeful that it will provide a clearer road map to everybody who is looking for what are the most important things that the region needs to attend to that perhaps they are a little bit exposed to at the moment. Mr. Van Hollen. And one other question to you which relates to you--and you are right, I have been running back and forth to the Education Committee where we are voting on a series of amendments, so I am sorry if you already addressed this. But with respect to sensors in the Metro system, can you elaborate on what you have done, because that is a critical issue? Some of these potential chemical weapons, you can't see them, you can't smell them. They could be in the system for a period of time before people know they are there. And obviously early sensors are critical. How comprehensive is our sensor system in the Metro? Mr. White. I heard your interest and other Members' interest in their line of questioning with some of the previous participants. Again, we are very, very grateful to the work that we have done with the Department of Energy, the Department of Justice, and the Department of Transportation. We are the single laboratory in the world right now for the testing of chemical sensors in a mass transit environment. There is no one else in the country, or the world for that matter, that is testing out a civilian application thing. Part of the money that the Congress gave us and the President gave us is being used to begin building that capability up. We have sufficient funds to do some portion of our underground stations. We have some capabilities today. We are continuing to expand those capabilities as we finish the spending out of that money. That includes the sophisticated engineering modeling to determine as to how these various substances would work and the piston effect of trains moving through stations. It is coordinated with first responders so they have remote detection capabilities, before they might go into harm's way, to know what they are about to go into so that they can prepare themselves properly. So this is a very sophisticated capability and it is giving us an enormous tool that others don't have to hopefully send a message of deterrence and, second, give us the capability to respond far faster than any other transit system might be able to do. In addition, we have capabilities in the arena of biological and radiological detection and response as well. Mr. Van Hollen. Just in closing, I want to thank the other witnesses for being here. Mr. Peck, I agree with you with respect to the need for greater urgency in transmitting information to the public, because the best plans will be totally confounded if the public--and it has to be done in a measured way. I think you know, clearly, we had the incident with the duct tape and plastic which scared people more than was necessary. What we need to do is address this in a measured way when we are not moving from one threat level to another and allow people to know things, like in the event of an attack you shouldn't be getting in your car and driving out necessarily. And if we don't communicate that effectively to people ahead of time so that people, just as they prepare for any other kinds of emergencies that might occur in their household, if we don't do that ahead of time, the best made plans will in fact come to nothing. And so I appreciate you speaking out as part of this forum and other forums you have been speaking out on that. Thank you. Chairman Tom Davis. Thank you very much. Mr. Ruppersberger. Mr. Ruppersberger. It is great to see that we have a region that is trying to work together. I wish I had more knowledge of the Virginia and Washington area. I know more about the Maryland area. One of the things I think with regional cooperation, it is important to pull together, because if you have come together you have more influence and power to get what you want. But you have to come to a conclusion on your priorities. Are you having a problem as a region working together with the different counties involved, putting together the priorities that you think you need for homeland security, for transportation, for some of the issues we talked about today? That is one question. The other thing, Mr. Peck, I am happy you are here today, because I think it is very important having a partnership between business and government. Government can't do it all. It won't do it all, and if you rely on them it isn't going to happen. There is a lot that we talked about in homeland security. And one of the things we haven't talked about is the impact of security with respect to business; you know, coordinating our high-rise office buildings, getting our real estate people together, looking at the ventilation systems, finding out how you are going to evacuate your own building, finding out if you need sensors. I mean, there is a lot that we haven't talked about. The people who are coming and being impacted by traffic are the people that are working in those buildings. And I think that is important. But I am going to ask you another question later on. The first question about the priorities, sir. Ms. Hill. Yes, Congressman Ruppersberger, I acknowledged earlier when I made my remarks that I appreciated your remarks earlier about hometown responsibility. COG is an organization of local governments, 18 local governments in this region. We adopted our Regional Emergency Coordination Plan. I believe you received a copy of the brief on September 11, 2002. At this point we have had 16 of our 18 jurisdictions sign the MOU and adopt this formally, and 2 have it left on their docket for adoption very shortly. The point being is that the local governments throughout the region, not just the elected officials, that we have committees of our police chiefs, our fire and rescue folks, public works, planning, transportation, everybody has been involved in this process. But also at the table we have been very inclusive. We decided, as local elected officials on the board of directors, very shortly after September 11th that, yes, being on the first line of responsibility for providing for our first responders and also being the folks that our constituents meet in the grocery stores--we hear a lot from our constituents and I am sure you do as well, but we hear from them all the time that we needed to do something. So the local elected officials are very committed to working at the regional level. Our group brought together the Board of Trade, the Red Cross, the State folks. And Secretary Ridge has been very, very supportive. And I'm very appreciative of Mike Byrne. There was a point made earlier when you talked about how well we are working together. I think for the local elected officials it is working great. We have been working closely with the State. But we do have budget constraints. The States are in trouble and the localities are in trouble. And then you get to money--you raised the issue of drug enforcement money earlier. I will give you an example in Virginia of why I think it is important not just to fund at the State, but also to provide funding at the regional level. In Virginia, I have been trying to get a drug court in Prince William County. We just funded a juvenile drug court through our budget process. We could have gotten money through the intensive Drug Enforcement Agency's moneys that are funneled through to the States, but those IDA moneys were put into the general fund in Virginia. I am sure they go for worthy causes, but the transparency just isn't there for me. I don't know where they go. But it would have been money that would have been available. Mr. Ruppersberger. With respect to your regional cooperation, have you set goals and priorities? Because I think it is very effective to do that. And a lot of times it is difficult to pull that together. Mr. Peck, let me ask you a question. You made the comment that you feel that there hasn't been enough information that has been flowing. What information would you like to hear or see? What do you think where it would be better? Mr. Peck. I will give you a specific example. At one of his briefings, Chief Ramsey was asked when everybody started talking about shelter in place or staying put, the concept which still most of the public hasn't heard of--and it is probably the most important thing we need to tell people. But he was asked, well, do we need to buy cots for our employees? And he had the guts to say, we are probably talking about being there more like 8 hours than 8 days. I don't think you need to be prepared to stay overnight. That is important for people to hear because there are scenarios being bantered about on TV and the media in general that would have people think they are going to be on their own for goodness knows for how long. And that is the specific kind of thing. Here are the likely scenarios that you're going to face is really important because at least we can prepare people for those. No guarantees, but it would be good. Can I make one other point about the local coordination? I think we have done a great job in this region of setting priorities. I really think flowing funds through the States just like transportation funds get flowed through the States means that regions don't necessarily get the allocation that you might expect them to get. Mr. Ruppersberger. I agree with you--but I was in local government for 18 years, so I feel differently. It's more efficient that way, too. And I will say about the Board of Trade, I served on the Olympic committee. Unfortunately, we didn't get that; and the Board of Trade had a lot to do with it. We really would have had some issues there with respect to traffic had we gotten that, but I also think that the Board of Trade, which would be a good business partner with any organization--because you do your research and get your facts and data. I think if you look at the intercounty connector just in Maryland, you had a lot to do with influencing and getting the information. However, I would say this. I think a lot of businesses talk a lot, but they are not as involved as they could. Let me tell you why. I think, right now, we need help. We talked about traffic engineering. We talked about that we might not have the expertise or the money or whatever, but there are a lot of engineers out there in the business community who could come together, do the same thing that you did with respect to the intercounty connecter and some other issues and help and give us the resources in the government arena; and that is extremely important, something I think we need to work on. Also, I think the issues that you heard about here today--I know my time is up, so I'll move quickly. But you take more time than I do when you answer the questions. You know, I think anything--management starts at the top, and you have to be held responsible if you're at the top. Now, I praised the police departments, and I think they are doing a good job, but right now--and I said that right now, but sometimes people are used to doing the same things over and over, and there is a lot that has changed since September 11th. And just the frustration of being involved in traffic and not having a live individual who can redirect something, I think, you know, we've got to learn from those mistakes, and I think that you and the public are putting the pressure on to make sure that we look at this and have the authority so that the person at the top who is making the decisions can make the right decisions and be held accountable for those decisions. So there's a lot to do. I believe we can turn a negative into a positive with September 11th. We've got a big problem here in Washington. We have the Nation's Capitol, but its infrastructure is really inadequate, and there needs to be a lot of money, probably Federal money, but its got to be more of a teamwork approach. This reminds me more of a transportation hearing today than it was a--and I'm glad we talked about that, because in the end whatever happens with the terrorism issue, we're going to have to decide, do we stay, do we go, what's going to be impacted, is it going to be our subways, is it going to be our traffic, is it going to be our airline, you know, all of those issues that need to be involved. So keep being involved. And, again, I'm calling after you, Mr. Peck, because you have a good record. You're Board of Trade. We need a lot more help from the business community in a lot of the areas that I mentioned. Mr. Peck. Thank you. I agree. Chairman Tom Davis. I guess I get to ask a few questions. I won't keep you much longer, but thank you very much. Let me ask you--I don't know, Mr. Robertson or Ms. Hill, if you know, who leads the RICCS conference calls and how is it decided who the parties are? Mr. Robertson. The RICCS conference calls--the RICCS server, it's a computer-based server that is headquartered currently in the D.C. Emergency Management Agency, because it is a 24/7 emergency management center. We also have a new center that's been established in Montgomery County, and an additional one will be put in Fairfax County and also in the State emergency management agencies in Richmond and in Reisterstown, MD. The RICCS data base is populated by information from the various stakeholders. For example, the emergency management directors at the State and local level, we have the contact information. We put that information in through the Council of Governments, and then it's---- Chairman Tom Davis. Who leads the call, though? Mr. Robertson. The conference call is typically led by either the chief administrative officer, the city and county managers for the incident location, or it could well be a Federal agency or State agency, but it is---- Chairman Tom Davis. Mr. Peck, do you think that the typical business owner knows what to do in the event of an emergency or what actions to take when a color code alert activity level changes? Mr. Peck. No. Chairman Tom Davis. I don't either. I was at a Q and A and somebody said, we understand at code red the airports are closed. I said, oh, that can't be right; and I went back and checked it; and I think that may be right. Mr. Peck. Well, there is an assumption, for example, that at code red all the museums on the Mall will close; and that's not a part of the SOP. So, you know, people don't know, and to the credit of the Homeland Security Department, they have defined code red now as something that only happens when there is an actual incident, and people don't know that either, but I can tell you every time we go to a code change and nobody sees any changes on the street, there's a loss of confidence. And maybe that's fine, because it may be that it only applies to the emergency responders, but people need to know that, too. They'd feel better just having--being clued in on what this testimony is all about. Chairman Tom Davis. My experience is we have some really great people who work in the homeland security, like Mr. Byrne and stuff, but it's getting started late. I mean, they just got the duct tape off the doors, what, about a month ago, to open the thing. So it's just been very late to develop, but we're getting there, and, fortunately, we haven't had any--if the biggest incident we're complaining about is tractor man, we're OK. I mean, we could have done better, but we're lucky at this point. Mr. White, I was just struck by something you said that I've known, and that is we don't really have any capacity to move more people at this point. I know at least on the Virginia side--I don't know if you do on the Maryland side or not--but we don't have the capacity without significant infrastructure improvement. Is that correct? Mr. White. Yeah. That's correct. And we've heard some members of this panel kind of come up with that observation. This region has a serious problem with its transportation infrastructure and with respect to its insufficiency, both on the transit side and the roadside. The COG has done a tremendous amount of analysis with all of the States and local governments in this arena, and today the region as a region spends $3 billion every year in its surface transportation program. And based upon a reasonable assessment, not a wish list but a reasonable assessment of what the region needs to be spending to protect its infrastructure and have a modest expansion, we need another $1.7 billion a year. So, as a region, of all the resource that has come in, Federal, State, local government, we're just not getting the job done, and it's going to--and, you know, on a good day the network is so fragile that the capacity is barely able to meet the demand. And with any hiccup, 40 percent comes from a nonrecurring event, as Mr. Peck said. Any event just spins out of control quickly. It's kind of like water going down a faucet. The minute that piece of lettuce gets stuck in your drain, you know, it's--and that's what happens to our road system and even our transit system, for that matter. Chairman Tom Davis. I'll just make one other thought. I don't know if I'm off the wall or not. But I wonder if it's possible to get one set of cars that are more snow resistent so in emergency times you could run one out to Orange line, one out to Green line, one out to Yellow line. Do you know what I'm saying? Mr. White. Yes. Chairman Tom Davis. That way you wouldn't have to change the whole system, but you would have some capacity at that time. Mr. White. Through improvements that have occurred over the years since the original pieces of rolling stock that we bought, the industry has gotten smart and we have gotten smarter on how to weather protect the equipment; and although most of that equipment is in the undercarriage of the train, it is not sitting on the top of the train, it is down below, we figured out and the supply side of the industry has figured out to better weather protect and to seal this equipment. So our newer cars are performing far superior to our older cars. As we rehabilitate those cars, we bring these improvements---- Chairman Tom Davis. Do we still go to Italy to get the cars or where are they---- Mr. White. The particular order we have coming now is coming--it's a Spanish company who's doing a domestic final assembly here in the States---- Chairman Tom Davis. I was afraid you were going to say it's a French company. Mr. White. No. It's one of our friends and allies, without making a political comment on this. But---- Chairman Tom Davis. I can see the amendment on the floor. Mr. White. And, Mr. Chairman, we have an option that we need to exercise in less than 2 years to buy more rail cars to bring this capacity in from this company and its other company that is supplying cars to us. It's an enormous opportunity, and it will pass us by if we're not able to generate the resources in the next couple of years. Interestingly, we're only using 58 percent of the Metro rail design capacity, that which the builders built for us. We're using less than 6 out of 10 percent of that, and we can move ourselves toward greater capacity by implementing the steps that people said we should take over time. Our system was designed to accommodate a maximum of eight cars in any train setting, and today we're running fours and sixes. So as we buy more cars, they're better designed, better weather protected, better able to deal with the inclement events; and it gives us that broader capacity to carry more people, particularly during surge moments when we have to have the ability to do that. Chairman Tom Davis. Thank you very much. Any other questions? Well, we thank the panel. Mary, you did great your first time out here. Hope to see you again here. Mr. Robertson, congratulations on your permanent appointment. Bob Peck, always great to see you. We appreciate all the things that the Board of Trade is doing, and we thank you very much. We would like to thank all of the witnesses for appearing today. I want to thank the staff who worked on the hearing. I want to thank particularly my two colleagues from Maryland who stayed here the whole time. I really appreciate it. It shows their interest in the regional interest in this. I want to add that the record will be kept open for 2 week to allow witnesses to include other information in the record. The hearing is adjourned. [Whereupon, at 4:19 p.m., the subcommittee was adjourned.] [The prepared statement of Hon. Wm. 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