PREPARED STATEMENT OF SENATOR DIANNE FEINSTEIN

It goes without saying that we need to be prepared for the threat of terrorist attacks on U.S. soil. The United States now faces the threat of attack from a variety of terrorist incidents. These terrorists can arise domestically, as we saw with the Oklahoma City bombing, or from abroad, as with the World Trade Center bombing. Disgruntled individuals also pose similar threats, as we have seen with the Unabomber.

I have undertaken a number of efforts to help prevent, investigate, and prosecute such attacks.

The threat of biological terrorism was highlighted in 1995, when Larry Wayne Harris, an Ohio white supremacist, managed to order and receive samples of the bubonic plague through the mail. To prevent this from happening again in the future, I was an original co-sponsor of the Hatch-Feinstein Biological Agents Enhanced Penalties and Control Act, which ultimately passed as part of the 1996 terrorism bill.

This bill: Added the attempt or threat to acquire dangerous biological agents for use as a weapon as crimes punishable by fines or imprisonment up to life imprisonment; Directed the Secretary of Health and Human Services to rapidly establish and maintain a list of biological agents which pose a severe threat to public health and safety; and Directed the Secretary of Health and Human Services to rapidly establish and enforce safety procedures for transfers of human pathogens, to ensure proper training and procedures for handling such agents, and to prevent unauthorized persons from obtaining the dangerous biologicals, while maintaining appropriate availability of these agents for research, education and other legitimate purposes. Later that year, HHS, through the Centers for Disease Control, published regulations implementing this Act. I look forward to discussing implementation of this law and these regulations with the witnesses today.

To date, the United States has not experienced a biological or chemical weapons attack of significance by terrorists. In contrast, we have suffered hundreds of deaths due to terrorist attacks using conventional explosives. To help investigate, prosecute, and punish these despicable, evil and cowardly acts, I led the fight to give the Treasury Department the authority to require the use of taggants in explosive materials, which also passed as part of the 1996 terrorism law. The Treasury Department is now conducting the studies necessary to implement this law in appropriate circumstances.

I also have been fighting to prohibit the distribution of bomb-making manuals for a criminal purpose. A report published by RAND in just the last-month, "Countering the New Terrorism," found that, "An amateur terrorist-anyone with a grievance and a bomb-making manual-can be just as deadly and more difficult to anticipate than his professional counterpart."

My proposal to punish those who knowingly distribute these manuals to terrorists and other criminals has the support of the United States Department of Justice, who has helped me to draft the specific language. The Senate has passed this prohibition on three separate occasions, without a single vote in opposition. Unfortunately, the House has eliminated it in conference each time. However, the objectives of one of the chief opponents have now been resolved, and I am optimistic that we will finally pass this common-sense law this Congress.

Swift, certain apprehension, prosecution and punishment of terrorists can do much to reduce the need for emergency response measures in the first place.

But, of course, we need to be prepared for such attacks. Our preparation should at least track the expected threat, taking into account, for instance, the relative likelihood of use of chemical vs. biological weapons. Similarly, terrorism experts note that major population centers-principally New York, Los Angeles, and Washington, DC-are at the greatest risk of terrorist attack, and that the chances of a terrorist attack in a rural, sparsely-populated area are slight. We must bear in mind that, when it comes to preparedness, one size does not fit all.

So I look forward to exploring these issues with the witnesses today, as well as other experts who are not before us.

Senator SESSIONS. Senator Feinstein. I appreciate your leadership on these and other law enforcement-type issues.

Let me call the first panel up, if you would, if you will step forward. I will introduce Barbara Martinez. She is the Deputy Director of the National Domestic Preparedness Office, NDPO. It is a newly established office for the Department of Justice that will attempt to coordinate the domestic preparedness programs between

the various Federal agencies involved. Thank you very much for joining us today.

Ms. MARTINEZ. Thank you, Mr. Chairman.

Senator SESSIONS. Dr. James Hughes is a Fellow of the American College of Physicians and the Infectious Diseases Society of America, and Assistant Surgeon General in the U.S. Public Health Service. Dr. Hughes has been Director of the National Center for Infectious Diseases, Centers for Disease Control and Prevention, since 1992. The National Center for Infectious Diseases is currently working to address domestic and global challenges posed by emerging infectious diseases and the threat of bioterrorism.

Charles Cragin currently serves as Acting Assistant Secretary of Defense for Reserve Affairs. Mr. Cragin has broad responsibilities for coordinating the Department of Defense's weapons of mass destruction preparedness efforts. Prior to his current duties, he served as Chairman of the Board of Veterans Appeals of the Department of Veterans Affairs. During his 36 years of military service, Mr. Cragin received several commendations, including the Legion of Merit and the Defense Meritorious Service Medal.

Andy Mitchell has over 25 years of experience in public safety and criminal justice program development and planning, and is currently Deputy Director of the Office for State and Local Domestic Preparedness within the Office of Justice Programs. The Office is responsible for the development of training programs for State and local responders, including administering a grant program to provide specialized equipment that will assist State and local agencies to respond to terrorist incidents. Before his current position, he was responsible for management of the Bureau of Justice Assistance First Responder to Terrorist Incident's National Training Program for fire and emergency medical personnel.

I think we have an excellent panel here. I would ask that you would please contain your remarks to 5 minutes, because we do have more people that will be talking.

Ms. Martinez.

PANEL CONSISTING OF BARBARA Y. MARTINEZ, DEPUTY DIRECTOR, NATIONAL DOMESTIC PREPAREDNESS OFFICE, U.S. DEPARTMENT OF JUSTICE; JAMES M. HUGHES, DIRECTOR, NATIONAL CENTER FOR INFECTIOUS DISEASES, CENTERS FOR DISEASE CONTROL AND PREVENTION, DEPARTMENT OF HEALTH AND HUMAN SERVICES; CHARLES L. CRAGIN, ACTING ASSISTANT SECRETARY OF DEFENSE FOR RESERVE AFFAIRS, DEPARTMENT OF DEFENSE; AND ANDY MITCHELL, DEPUTY DIRECTOR, OFFICE FOR STATE AND LOCAL DOMESTIC PREPAREDNESS SUPPORT, OFFICE OF JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE

STATEMENT OF BARBARA Y. MARTINEZ

Ms. MARTINEZ. Good afternoon, Mr. Chairman, Senator Feinstein. Thank you for this opportunity to speak before distinguished Members of Congress and my colleagues regarding the role of the National Domestic Preparedness Office in combatting terrorism within the United States. I have submitted a written statement for the record that further details my testimony here today.

Senator SESSIONS. We will make that a part of the record. Thank

My intent is to highlight the importance of providing coordination for all of the Federal Government's efforts that provide valuable assistance to prepare States and local communities to face the challenge that terrorism presents.

While over 40 Federal agencies have a role in response to a true terrorist attack involving weapons of mass destruction, so too are many of them in a logical position to provide various forms of expert assistance to their State and local counterparts, the men and women of this country on the front line, whose job it is to save lives and protect the security of our communities if such an event ever

occurs.

Federal assistance is currently available in the form of training, exercising, equipping, research and technology development, information-sharing, planning guides, grants, and other support to enhance State and local capabilities. It is upon these very partnerships and concerns of the Federal Government and the emergency response community that the National Domestic Preparedness Of fice, or NDPO, was founded.

As you know, in the past few years the President of the United States and Congress have taken significant steps to increase our national security and to promote interagency cooperation. Most recently, the cooperative efforts against terrorism have been extended to include State and local agencies, as well as professional and private sector associations.

For example, in preparation of the 5-year Counterterrorism and Technology Crime Plan for the administration, the Attorney General of the United States directed the Department of Justice, Office of Justice Programs, to host a meeting of individuals who represent the various emergency response disciplines that would most likely be involved in the response to a terrorist event. More than 200 stakeholders, representing each of the response disciplines, including fire services and HAZMAT personnel, law enforcement and public safety personnel, emergency medical and public health professionals, emergency management and State government officials, as well as various professional associations and organizations, all attended the two-day session.

Collectively, they made recommendations to the Attorney General, as well as James Lee Witt, Director of FEMA, Dr. Hamre, the Deputy Secretary of Defense, and other Federal officials, on ways to improve assistance for State and local communities. These recommendations have been incorporated into the Attorney General's 5-year plan.

The most critical issue identified by stakeholders was the need for a central Federal point of coordination. Due to the size and complexity of both the problem of terrorism and the Federal Government itself, it was no surprise that many different avenues through which aid may be acquired by State and local officials and the resulting inconsistency of those programs was deemed to be simply overwhelming. In essence, the Federal Government, though well-intentioned, was not operating in an optimal manner, nor was

it effectively serving its constituents with regard to domestic preparedness programs and issues.

So with careful consideration of the stakeholders' recommendations, the Attorney General consulted the National Security Council, the Federal Emergency Management Agency, the Department of Health and Human Services and other relevant agencies regarding the creation of a single coordination point within the Federal Government to better meet the needs of the Nation.

It was agreed that the FBI, in conjunction with its existing responsibilities for coordinating Federal assets during an actual terrorist event, would lead the interagency coordination initiative, now known as the National Domestic Preparedness Office. It is intended that the NDPO will serve as a much-needed clearinghouse to provide information to local and State officials who must determine the preparedness strategy for their own community.

In keeping with the stakeholders' requests, the NDPO will also provide a forum for the establishment of agreed-upon recommended minimum standards upon which Federal programs should be built. Federal participants in the NDPO currently include the Department of Defense, the Department of Energy, the Department of Health and Human Services, the Environmental Protection Agency, the Office of Justice Programs, the Federal Bureau of Investigation, the Federal Emergency Management Agency, the National Guard Bureau, and in the near future the U.S. Coast Guard, the Nuclear Regulatory Agency, and the Office of Victims of Crime.

Stakeholders cited the need for formal representation of State and local officials with the Federal agencies in the form of an advisory board to guide the development and delivery of more effective Federal programs. Federal agencies agree that their participation is critical to the whole process of domestic preparedness.

Therefore, in addition to the advisory board, it is anticipated that, when fully staffed, approximately one-third of the office will be comprised of State and local experts from various response disciplines. These positions will be filled through the establishment of interagency reimbursable agreements or contract hires and volunteer service arrangements.

Stakeholders easily identified six broad issue areas in need of coordination and assistance-planning, training, exercise, equipment research and development, information-sharing, and public health and medical services. And if I have time, I would like to just highlight a few of these ongoing efforts.

In the area of planning, NDPO is coordinating with FEMA on the implementation of a WMD resource database to detail all of the available response assets for consequence management to an incident involving weapons of mass destruction. NĎPO will facilitate the distribution of the U.S. Government Interagency Domestic Terrorism Concept of Operations Plan and other planning guidance for State and local communities through the WMD coordinators in the FBI field offices to ensure a unified response to a WMD incident. The benefit of the guide is to explain to State and local planners the logistics of how Federal assets may be included in their local emergency response plans.

In the area of training, NDPO is coordinating a DOD initiative to maintain a compendium of existing training. In connection with

the information-sharing program area, the NDPO has implemented, in association with the FBI, a mechanism to grant access to approved personnel outside law enforcement to information that could be important for preparedness activities.

In the equipment/R&D area, NDPO has established a standardized equipment list which has been incorporated into the grant application kits used by the Office of Justice Programs.

In the health and medical program area, NDPO, under the guidance of the Public Health Service and the Department of Health and Human Services, will coordinate efforts to support the Metropolitan Medical Response Systems, as well as pharmaceutical stockpiling, establishment of surveillance systems and other initiatives.

I am going to sum up here. I see that my time is short. I would like to thank you for the opportunity to speak with you here today, and in the future, as the NDPO continues to mature into a onestop shop for domestic preparedness, as the Attorney General of the United States has proposed. As she has recently said, "the actions of the first people on the scene can really make the difference between life and death. The key is to work together in a partnership among Federal, State and local communities and prepare a coordinated response that saves lives and provides for the safety of all involved." She continued to say that none of us could do it alone.

I stand ready to respond to your questions. Thank you, sir. Senator SESSIONS. Well, I thank you, and you certainly are correct that the many thousands of State and local law enforcement, medical, and fire departments, do need a place that they can call and not have to trace down the whole list of Federal agencies that you have just listed. So I hope that we can move toward that, but my experience in Government is that it will not be as easy as it sounds.

[The prepared statement of Ms. Martinez follows:]

PREPARED STATEMENT OF BARBARA Y. MARTINEZ

Good afternoon, Mr. Chairman and thank you for this opportunity to speak before distinguished members of Congress and my colleagues regarding the role of the National Domestic Preparedness Office in combating terrorism within the United States. I have submitted a written statement for the record which further details my testimony here today.

My intent is to highlight the importance of providing coordination of all the federal government's efforts that provide valuable assistance to prepare states and local communities to face the challenge that terrorism presents. While over 40 federal agencies have a role in response to a true terrorist attack involving weapons of mass destruction, so too are many of them in a logical position to provide various forms of expert assistance to their state and local counterparts-the men and women of this country on the front line, whose job it is to save lives and protect the security of our communities if such an event occurs. Federal assistance is currently available in the forms of training, exercising, equipping, research and technology development, information sharing, planning guidance and grants and other support to enhance local and state capabilities. It is upon these very partnerships and concerns, of the federal government and the emergency response community, that the National Domestic Preparedness Office (NDPO) is founded.

As you know, in the past few years, the President of the United States and Congress have taken significant steps to increase our national security and to promote interagency cooperation. Most recently, the cooperative efforts against terrorism have been extended to include state and local agencies as well as professional and private sector associations.