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Letters, statements, etc., submitted for the record by:

Cragin, Charles L., Acting Assistant Secretary for Reserve Affairs, De-
partment of Defense, prepared statement of

Light, Catherine, Director, Office of National Security Affairs, Federal

Emergency Management Agency, prepared statement of

Martinez, Barbara Y., Deputy Director, National Domestic Preparedness
Office, Department of Justice, prepared statement of





Mitchell, Andy, Deputy Director, Office for State and Local Domestic
Preparedness Support, Office of Justice Programs, Department of Jus-
tice, prepared statement of

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Shays, Hon. Christopher, a Representative in Congress from the State
of Connecticut, prepared statement of







Washington, DC.

The subcommittee met, pursuant to notice, at 10 a.m., in room 2154, Rayburn House Office Building, Hon. Christopher Shays (chairman of the subcommittee) presiding.

Present: Representatives Shays, Mica and Tierney.

Staff present: Lawrence J. Halloran, staff director and counsel; Michele Lang, professional staff member; Jonathan Wharton, clerk; David Rapallo, minority counsel; and Jean Gosa, minority staff assistant.

Mr. SHAYS. I would like to call this hearing to order.

Preparing to meet the threat of a terrorist attack here at home, local, public safety and health care officials today face a confusing array of Federal programs and agencies offering expertise, training and equipment. In 1995, the President designated the Federal Emergency Management Agency [FEMA], as the lead Federal agency for consequence management, the measures needed to protect life, restore essential services and provide emergency relief after a terrorism event involving conventional, biological or chemical weapons of mass destruction. At the same time, the Federal Bureau of Investigation [FBI], part of the Department of Justice [DOJ], was directed to lead crisis management, the measures needed to prevent or punish acts of terrorism.

In 1996, Congress directed the Department of Defense [DOD], to provide consequence management training and equipment to cities through what is now known as the Domestic Preparedness Program while also authorizing FEMA and DOJ to enhance the response capabilities of local police and fire departments. So the proposed transfer of the Domestic Preparedness Program from the Department of Defense to the Department of Justice offers the promise of one-stop shopping for State and local first responders, but raises key questions that should be addressed before an act of terrorism puts that promise to the test.

The central question, does the consolidation of domestic preparedness programs in DOJ ignore the clear, necessary distinction between crisis management and consequence management re


flected in the President's original lead agency designations? Will FEMA be able to assert a primary role in consequence management once the bulk of Federal training and equipment funds are coming from Justice? How will DOJ resolve inevitable conflicts between the law enforcement imperative to maintain the integrity of a crime scene and the equally compelling need to mitigate consequences by evacuating and decontaminating the same area when they are responsible for both?

These are not abstract policy questions. When, not if, terrorists strike within our borders again, Federal support will be indispensable to an effective local response. Unless that Federal effort is properly structured and targeted, local planning may be inadequate, local preparations may be hazard, and critical assets may be misallocated. More than 40 national departments and agencies have responsibilities in the fight against domestic terrorism. Unless their roles are thoughtfully sorted out now, uncoordinated Federal assistance could, like the Keystone Cops of silent films, only serve to confuse and confound local response operations.

Our witnesses today represent the key departments and agencies involved in the proposed consolidation and transfer of domestic preparedness activities, DOJ, DOD, and FEMA. We appreciate their testimony today and look forward to their continued cooperation in the subcommittee's oversight of Federal anti- and counterterrorism programs.

When we talk about the number of departments within the Department of Justice, you have the Federal Bureau of Investigation, Immigration and Naturalization Service, U.S. Marshals Service, Drug Enforcement Agency, Office of Justice Programs.

Then you have the Federal Emergency Management Agency.

Then you have the Department of Defense: Joint Chiefs of Staff; U.S. Army; U.S. Navy; U.S. Marine Corps, particularly their chemical-biological incident response forces; U.S. Air Force; U.S. Special Operations Command; U.S. Central Command, Defense Intelligence Agency; Advanced Research Projects Agency; Defense Information Systems Agency; Defense Special Weapons Agency; Director of Military Support.

Department of State: U.S. Information Agency under State starting October 1999.

Department of Health and Human Services: Public Health Service; Center for Disease Control and Prevention.

Department of Energy: U.S. Nuclear Regulatory Commission; Environmental Protection Agency.

Department of Transportation: Federal Aviation Administration; U.S. Coast Guard.

Department of Treasury: U.S. Customs Service; Bureau of Alcohol, Tobacco and Firearms; U.S. Secret Service.

Central Intelligence Agency, National Security Agency, National Security Council.

Department of Commerce.

Department of Veterans Affairs.

U.S. Postal Service, White House Communications Agency, U.S. Capitol Police, Office of the Vice President, U.S. Supreme Court Marshals Office, State and local entities with terrorism-related programs and activities, Governors' offices, National Guard, State po

lice, State fire, State Departments of Environmental Protection, State Department of Emergency Management, State public health departments, city-county fire departments, emergency medical services, hazardous materials teams, urban search and rescue, city and county police departments, sheriffs' offices, hospitals, emergency room physicians. It is a long list.

[The prepared statement of Hon. Christopher Shays follows:]

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