Legislature(2003 - 2004)

04/14/2003 12:20 PM Senate ASC

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
                 JOINT ARMED SERVICES COMMITTEE                                                                               
                         April 14, 2003                                                                                         
                           12:20 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Harris, Co-Chair                                                                                            
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative Bob Lynn                                                                                                         
Representative Carl Morgan                                                                                                      
Representative Cheryl Heinze                                                                                                    
                                                                                                                                
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Fred Dyson                                                                                                              
Senator Gary Stevens                                                                                                            
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Reggie Joule                                                                                                     
Representative Pete Kott (alternate)                                                                                            
                                                                                                                                
Senator Ben Stevens (alternate)                                                                                                 
Senator Gretchen Guess                                                                                                          
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Ralph Seekins                                                                                                           
Senator Bettye Davis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
^BRIEFING REGARDING HOMELAND SECURITY AND ANTI-TERRORISM                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TIM BURGESS, U.S. Attorney for Alaska                                                                                           
U.S. Department of Justice                                                                                                      
                                                                                                                                
LIEUTENANT GENERAL "HOWIE" CHANDLER, USAF Commander                                                                             
Alaskan Command                                                                                                               
                                                                                                                                
BRIGADIER GENERAL CRAIG CAMPBELL, Commissioner                                                                                  
Department of Military and Veterans' Affairs                                                                                    
                                                                                                                                
SPECIAL AGENT TOM McCLANAHAN                                                                                                    
Federal Bureau of Investigation                                                                                                 
                                                                                                                                
RANDY JOHNSON, U.S. Marshall for Alaska                                                                                         
                                                                                                                                
TED BACHMAN, Deputy Commissioner                                                                                                
Department of Public Safety                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-2, SIDE A                                                                                                             
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR GARY  WILKEN called the  Joint Armed  Services Committee                                                             
meeting  to   order  at  12:20  p.m.     Representatives  Harris,                                                               
Dahlstrom, Lynn,  Morgan, and Heinze and  Senators Wilken, Dyson,                                                               
Gary Stevens, and  Therriault were present at the  call to order.                                                               
Senators Seekins and Davis were also present.                                                                                   
                                                                                                                                
BRIEFING REGARDING HOMELAND SECURITY AND ANTI-TERRORISM                                                                       
                                                                                                                                
2.33                                                                                                                            
                                                                                                                                
TIM  BURGESS,  U.S.  Attorney  for  Alaska,  U.S.  Department  of                                                               
Justice,  began  by  thanking  the  committee  for  allowing  the                                                               
executive committee  of the Anti-Terrorism  Task Force  (ATTF) to                                                               
provide an  overview of the  cooperative efforts at  the federal,                                                               
state, and  local [levels]  in response  to terrorism  in Alaska.                                                               
He noted that the group today  meets about once a month to ensure                                                               
that everyone  is on the  same page.   Mr. Burgess turned  to the                                                               
PowerPoint presentation,  which he provided  in hard copy  to the                                                               
committee.   Mr.  Burgess pointed  out that  after the  terrorist                                                               
attacks  of  September 11,  2001,    U.S. Attorney  General  John                                                               
Ashcroft shifted the  focus of the U.S. Department  of Justice to                                                               
the   prevention  of   any  future   terrorists  attacks.     The                                                               
department's  first  priority  is  to  protect  and  disrupt  any                                                               
potential terrorist, which is antithetical  to how the department                                                               
has  approached  its   job  in  the  past.     Historically,  the                                                               
department's  job  has  been to  investigate  potential  criminal                                                               
misconduct  and preserve  that case  for  prosecution.   However,                                                               
because of  the nature of  the terrorist threat,  priorities have                                                               
shifted and the  prosecution of an offender won't be  done at the                                                               
expense of preventing a potential terrorist act.                                                                                
                                                                                                                                
MR.  BURGESS turned  to the  lessons learned  from the  terrorist                                                               
attacks of  September 11, 2001.   With  regard to the  sharing of                                                               
intelligence   between  the   intelligence  side   and  the   law                                                               
enforcement side, a number of  the concerns were addressed by the                                                               
USA PATRIOT  Act, which  allows for a  freer flow  of information                                                               
between  the  intelligence  community  and  the  law  enforcement                                                               
community.     For  instance,  if  information   of  a  potential                                                               
terrorist  threat   had  been  learned   through  a   Grand  Jury                                                               
investigation, there were barriers  to providing that information                                                               
to the  intelligence community.   The reverse  was true  as well.                                                               
Furthermore,  the  terrorist  attacks   of  September  11,  2001,                                                               
highlighted issues  with regard to  communications.  In  New York                                                               
City,  the police  department and  the  fire department  couldn't                                                               
communicate  with   one  another   because  they   had  different                                                               
communication systems.   Therefore, there  was a greater  loss of                                                               
life due to  the fire department not  receiving the communication                                                               
regarding the  failure of the  structural integrity of  the World                                                               
Trade  Center  buildings.    The  attacks  in  Washington,  D.C.,                                                               
highlighted good cooperative efforts.                                                                                           
                                                                                                                                
6.42                                                                                                                            
                                                                                                                                
MR. BURGESS  said that he  wanted to  present an overview  of the                                                               
team in Alaska, which includes  the Alaska Department of Military                                                               
and Veterans' Affairs (DMVA) as  well as the Alaska Department of                                                               
Homeland Security.   The Alaska  Department of  Homeland Security                                                               
has  a  Strategic/Tactical  Anti-Terrorism Reaction  Force  (STAR                                                               
Force).    Furthermore, the  Alaska  National  Guard is  part  of                                                               
DMVA's team.  The State of  Alaska also has the Alaska Department                                                               
of Public  Safety, specifically  the Alaska  State Troopers.   On                                                               
the federal  side there is  the Anti-Terrorism Task  Force, which                                                               
was  requested  of  every  state  shortly  after  [the  terrorist                                                               
attacks of September 11, 2001].   The group present today is part                                                               
of the  executive committee  of ATTF.   The  ATTF is  composed of                                                               
individuals from  the participating  agencies that are  tasked to                                                               
work with  the group.   The executive  committee that  is present                                                               
today is  comprised of the  heads of the  participating agencies.                                                               
There is also  the newly formed Department  of Homeland Security,                                                               
which includes  the U.S. Coast  Guard, the  Transportation Safety                                                               
Administration (TSA), Immigration  and Customs Enforcement (ICE),                                                               
and  other federal  agencies.   The  team  also includes  Alaskan                                                               
Command  and local  law enforcement  throughout the  state.   Mr.                                                               
Burgess specified  that the ATTF executive  committee consists of                                                               
the  U.S. Attorney;  the Federal  Bureau of  Investigation (FBI);                                                               
the  commissioners  of  the Alaska  Department  of  Military  and                                                               
Veterans'  Affairs and  the Alaska  Department of  Public Safety;                                                               
Alaska's attorney general, the Admiral  commanding the 17th Coast                                                               
Guard  District;   USAF  Commander,  Alaska  Command;   the  U.S.                                                               
Marshal; the  chief of the  Anchorage Police Department;  and the                                                               
director of TSA.                                                                                                                
                                                                                                                                
Number 9.30                                                                                                                     
                                                                                                                                
MR.  BURGESS focused  on the  Alaska Department  of Military  and                                                               
Veterans' Affairs  and its Department  of Homeland Security.   He                                                               
indicated that Alaska's Department  of Homeland Security is small                                                               
in size  and budget.   However,  an important part  of it  is the                                                               
State Emergency  Coordination Center  in Anchorage.   Through the                                                               
commissioner of DMVA, the state  has the ability to quickly reach                                                               
out  to   communities  and  individuals  throughout   the  state.                                                               
Furthermore,  a  task  force  was created  last  fall  under  the                                                               
command of  the commissioner of  DMVA.  Additionally,  the Alaska                                                               
National  Guard,   which  is  controlled  by   the  governor,  is                                                               
available.  He highlighted that  the Alaska National Guard is the                                                               
only agency  in the state  with a significant ability  to provide                                                               
transportation  and respond  to a  natural disaster  or terrorist                                                               
threat.    He  characterized  the  Alaska  National  Guard  as  a                                                               
critical component  of the anti-terrorism efforts.   Furthermore,                                                               
the  Alaska National  Guard  has a  role in  the  defense of  the                                                               
Valdez Terminal.   Mr.  Burgess then turned  to the  Alaska State                                                               
Troopers, who  are, in  many instances,  the first  responders to                                                               
criminal and  natural disasters  throughout the  state.   He said                                                               
that  the Alaska  State  Troopers  are very  good  at their  job,                                                               
although at times there aren't enough of them to respond.                                                                       
                                                                                                                                
11.40                                                                                                                           
                                                                                                                                
MR.  BURGESS informed  the  committee that  in  addition to  ATTF                                                               
there are  Joint Terrorism Task Forces  (JTTF) at each of  the 54                                                               
FBI field offices  located throughout the country.   He explained                                                               
that  the   Joint  Terrorism  Task  Force   is  the  department's                                                               
operational response  to terrorism.  Therefore,  JTTF is composed                                                               
of investigators that  are primarily from the FBI,  but also from                                                               
other participating  agencies.  These are  criminal investigators                                                               
who work  at detecting,  preventing, and  investigating terrorist                                                               
threats.  He pointed  out that the FBI is the  lead agency of the                                                               
JTTF.   The FBI is composed  of experts in terrorism  and foreign                                                               
intelligence.   The  JTTF is  the only  task force  with criminal                                                               
investigators.   Mr. Burgess related  his belief that  Alaska was                                                               
the leading  edge of this  effort because  the FBI in  Alaska had                                                               
recognized the need  for a joint terrorism task  force before the                                                               
terrorist attacks  of September 11,  2001, as illustrated  by the                                                               
fact  that the  FBI in  Alaska had  put in  an application  for a                                                               
joint terrorism task  force in Alaska.  There were  only about 25                                                               
JTTFs in the country prior  to the terrorist attacks of September                                                               
11, 2001.   He specified  that the JTTF  in Alaska is  staffed by                                                               
agents from the FBI, the  U.S. Marshal's Service, Immigration and                                                               
Customs  Enforcement,  U.S.  Coast  Guard,  Alcohol  Tobacco  and                                                               
Firearms, Anchorage Police, and  Alaska State Troopers.  Alaska's                                                               
JTTF provides  training and  tactical exercises.   Over  the past                                                               
year  there  have  been  several  important  tactical  exercises.                                                               
Alaska's JTTF  works closely  with the  Alaska State  Troopers in                                                               
collecting   and  disseminating   criminal  information   to  law                                                               
enforcement.                                                                                                                    
                                                                                                                                
13.51                                                                                                                           
                                                                                                                                
MR. BURGESS returned  to the ATTF.  The ATTF  does the following:                                                               
coordinates  the  efforts  of  federal,   state,  and  local  law                                                               
enforcement  to  foster  greater information  sharing;  looks  to                                                               
develop  initiatives  to  reduce  and  eliminate  vulnerabilities                                                               
within  the state;  seeks to  establish  community awareness  and                                                               
participation   in  conjunction   with  the   JTTF;  aggressively                                                               
prosecutes  terrorists,  potential   terrorism,  or  hoaxes;  and                                                               
provides  help,   training,  and  resources   for  anti-terrorist                                                               
efforts.    With  regard  to  community  awareness,  Mr.  Burgess                                                               
recalled that  shortly after the  terrorist attacks  of September                                                               
11, 2001,  there were many  incidences in which there  were civil                                                               
and  criminal attacks  against members  of the  Arab and  Islamic                                                               
communities.   Therefore,  he and  Special Agent  McClanahan have                                                               
tried to reach out to those  communities and ensure them that the                                                               
JTTF is there  to protect them from  criminal misconduct directed                                                               
against them  as well as  seek their  assistance.    The response                                                               
from the  Islamic community  has been positive,  he related.   He                                                               
turned  to the  Alaskan Command  and pointed  out that  there are                                                               
limitations on what  the Alaskan Command and the  military can do                                                               
because of the federal law, the Posse Comitatus Act.                                                                            
                                                                                                                                
17.20                                                                                                                           
                                                                                                                                
LIEUTENANT  GENERAL  "HOWIE"  CHANDLER, USAF  Commander,  Alaskan                                                               
Command,  informed the  committee that  the first  bullet on  the                                                               
Alaskan  Command slide,  "Proactive  intervention constrained  by                                                               
the Posse  Comitatus Act" is  the reason why the  Alaskan Command                                                               
isn't  involved with  the JTTF  on the  investigative side.   The                                                               
Alaskan  Command clearly  understands where  the lines  are drawn                                                               
with regard  to the  Posse Comitatus Act.   However,  the Alaskan                                                               
Command through  the Northern Command  does bring some  things to                                                               
the table with  regard to intelligence collection.   He explained                                                               
that Northern Command  is the Department of  Defense's (DoD) one-                                                               
stop  shop for  the  lead  federal agencies  in  the  event of  a                                                               
homeland  security  scenario.   However,  the  Stafford  Disaster                                                               
Relief And  Emergency Assistance Act (Stafford  Act) provides any                                                               
commander the authority as well  as the responsibility to respond                                                               
in order to  prevent further damage or loss of  life.  Therefore,                                                               
Lieutenant General  Chandler gave  the committee his  pledge that                                                               
the lines  of the Posse Comitatus  Act are understood as  well as                                                               
the responsibility to  respond when life, limb,  and property are                                                               
in jeopardy.                                                                                                                    
                                                                                                                                
LIEUTENANT  GENERAL CHANDLER,  in  response  to Co-Chair  Wilken,                                                               
explained  that  the  Posse  Comitatus  Act  basically  precludes                                                               
military forces from pursuing law enforcement activities.                                                                       
                                                                                                                                
MR.  BURGESS specified  that the  military can  provide technical                                                               
support and  assistance.  Mr.  Burgess pointed out that  DMVA can                                                               
provide support to law enforcement in some instances.                                                                           
                                                                                                                                
20.10                                                                                                                           
                                                                                                                                
BRIGADIER  GENERAL CRAIG  CAMPBELL,  Commissioner, Department  of                                                               
Military  and  Veterans'  Affairs, explained  that  the  National                                                               
Guard is a  state resource that works for  the governor, although                                                               
the  majority  of  the  equipment  is paid  for  by  the  federal                                                               
government.  Therefore,  on the surface the  [the National Guard]                                                               
is  under  the  same  role  as   the  active  duty  in  that  the                                                               
department's  forces  can  be  engaged  to  perform  state  work.                                                               
However,  the governor  has the  right to  declare the  resources                                                               
necessary  for  state emergencies  and  thus  at that  point  the                                                               
federal support  can be converted  to state use, which  makes the                                                               
National Guard the first outreach for state emergency response.                                                                 
                                                                                                                                
REPRESENTATIVE  DYSON related  his  understanding that  Brigadier                                                               
General Campbell could provide logistic  support to transport law                                                               
enforcement  people   if  requested   and  if  the   assets  were                                                               
available.                                                                                                                      
                                                                                                                                
LIEUTENANT GENERAL CHANDLER agreed.   He explained that typically                                                               
the lead federal agency would  exhaust local and state ability to                                                               
provide logistic  support and the  request would be  forwarded to                                                               
NORTHCOM.                                                                                                                       
                                                                                                                                
BRIGADIER GENERAL CAMPBELL specified that  he can't just call and                                                               
request transport.   For example,  in order to use  [the National                                                               
Guard's] C-130 transports  for state support he has to  ask if it                                                               
would  interfere with  the private  companies  because the  first                                                               
option should be a charter from  the private sector.  If there is                                                               
agreement that  there is  no conflict, then  the aircraft  can be                                                               
activated after advising the National  Guard bureau that there is                                                               
no  private sector  capability and  that it's  a state  emergency                                                               
requiring   the   use  of   a   state   resource.     The   state                                                               
responsibilities have to be protected, he said.                                                                                 
                                                                                                                                
SENATOR DYSON related his assumption  that the aforementioned can                                                               
be done  at any time  and that the  process would take  hours not                                                               
days.                                                                                                                           
                                                                                                                                
BRIGADIER GENERAL CAMPBELL agreed.                                                                                              
                                                                                                                                
LIEUTENANT  GENERAL CHANDLER  returned  to the  Stafford Act  and                                                               
pointed out that  if there is imminent danger or  peril to people                                                               
and property, local commanders have  the authority to ensure that                                                               
the support necessary to the community is provided.                                                                             
                                                                                                                                
BRIGADIER  GENERAL CAMPBELL  explained that  the general  rule is                                                               
that in the first  24 hours if there is an  absolute need -- it's                                                               
a declared  emergency and life and  safety are in jeopardy.   The                                                               
National Guard can respond in the  first 24 hours and request for                                                               
forgiveness  later.   In  the  second 24  hours,  the process  of                                                               
contacting  the private  sector should  start.   By the  third to                                                               
fourth day, the  federal resource has to be  withdrawn unless all                                                               
of the approvals to continue have been achieved.                                                                                
                                                                                                                                
22.52                                                                                                                           
                                                                                                                                
SENATOR  DYSON  clarified  that  he   was  thinking  of  a  small                                                               
operation in which  the FBI, perhaps, needs to  get somewhere and                                                               
the Alaska National Guard has the  helicopter and the tanker.  He                                                               
surmised that  such transport could  happen in hours  rather than                                                               
days.                                                                                                                           
                                                                                                                                
BRIGADIER GENERAL CAMPBELL  said that the more  agencies that are                                                               
involved, the  more difficult it  is to  meet the challenge.   He                                                               
pointed  out  that  the  Counter Drug  Operation  is  within  the                                                               
National Guard and  it has helicopters assigned  that can perform                                                               
refueling.   Therefore, if the  FBI needed support,  the National                                                               
Guard  would try  to provide  the support  through one  agency in                                                               
order to minimize the coordination requirements.                                                                                
                                                                                                                                
SENATOR DYSON  inquired as to  whether there has been  any formal                                                               
agreement with the Canadians.  He  posed a situation in which the                                                               
Royal  Canadian Mounted  Police (RCMP)  had a  mission, but  were                                                               
very  short  on  resources.    He asked  if  the  agreements  and                                                               
relationships are already in place to support the RCMP.                                                                         
                                                                                                                                
CHAIR WILKEN said that question would  be set aside until the end                                                               
of the presentation in order to  stay focused on the slide before                                                               
the committee.                                                                                                                  
                                                                                                                                
25.40                                                                                                                           
                                                                                                                                
REAR ADMIRAL  JAMES UNDERWOOD,  U.S. Coast  Guard, turned  to the                                                               
Posse  Comitatus Act  and informed  the committee  that the  U.S.                                                               
Coast  Guard  is a  military  service  that has  law  enforcement                                                               
authority under  Title 14.   The U.S. Coast Guard  operates under                                                               
Titles 10  and 14.  Often,  the U.S. Coast Guard  has the ability                                                               
to  work  with  DoD  military  counterparts  in  law  enforcement                                                               
activities in  which they are  providing a platform for  the U.S.                                                               
Coast Guard's law enforcement officers.   "In those cases, it's a                                                               
narrow opportunity  for them to  provide robust presence  to help                                                               
us do what we need to do," he said.                                                                                             
                                                                                                                                
REPRESENTATIVE LYNN  inquired as  to where  the Civil  Air Patrol                                                               
would fit into this.                                                                                                            
                                                                                                                                
LIEUTENANT GENERAL  CHANDLER explained that the  Civil Air Patrol                                                               
is  tightly  tied into  the  rescue  coordination center  at  the                                                               
National  Guard.   He pointed  out  that the  funding flow  comes                                                               
through the  U.S. Air  Force down  to the Civil  Air Patrol.   He                                                               
noted  his comfort  with the  volunteer  efforts and  the way  in                                                               
which the organizations  are connected with regard  to search and                                                               
rescue  for the  state.   In further  response to  Representative                                                               
Lynn, Lieutenant  General Chandler said that  the Posse Comitatus                                                               
Act  wouldn't have  any impact  on the  Civil Air  Patrol in  its                                                               
search and  rescue role.   He related  that to his  knowledge the                                                               
Civil  Air  Patrol had  never  been  used  in a  law  enforcement                                                               
function.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN  recalled  discussions regarding  using  the                                                               
Civil Air  Patrol for the  inspection of  drugs at airports.   He                                                               
inquired as to  the transport of key people  to certain locations                                                               
in order to assist in the process.                                                                                              
                                                                                                                                
LIEUTENANT GENERAL CHANDLER surmised that would be feasible.                                                                    
                                                                                                                                
REAR ADMIRAL UNDERWOOD interjected that  the U.S. Coast Guard has                                                               
an  agreement  with the  Civil  Air  Patrol to  transport  marine                                                               
safety  officers to  locations  where sea  marshals  are set  up.                                                               
There  are   also  Coast  Guard  auxiliaries,   who  are  trained                                                               
observers, to fly the routes of  the cruise ships in order to see                                                               
the  areas.    Although  the   aforementioned  isn't  direct  law                                                               
enforcement, they  are operations in support  of law enforcement,                                                               
which   he  believes   is  the   type  of   operation  to   which                                                               
Representative Lynn spoke.                                                                                                      
                                                                                                                                
CHAIR  WILKEN  informed  the committee  that  Lieutenant  General                                                               
Chandler had  provided a  letter to  him a week  or so  after the                                                               
first meeting  of the Joint  Armed Services Committee.   However,                                                               
the   letter  wasn't   distributed  to   the  committee   or  the                                                               
legislature.                                                                                                                    
                                                                                                                                
27.49                                                                                                                           
                                                                                                                                
MR.  BURGESS  returned to  the  PowerPoint  presentation and  the                                                               
slide dealing with  the newly formed U.S.  Department of Homeland                                                               
Security.  He pointed out that  first and foremost the U.S. Coast                                                               
Guard  participates in  anti-terrorism efforts.   The  U.S. Coast                                                               
Guard has highly  developed plans in place for  the protection of                                                               
the  Valdez terminal  and its  approaches.   Furthermore, it  has                                                               
taken great strides to protect the cruise ship trade in Alaska.                                                                 
                                                                                                                                
REAR ADMIRAL UNDERWOOD assured the  committee that the U.S. Coast                                                               
Guard has been  working closely with the cruise  ship industry as                                                               
well as law enforcement  counterparts through exercises conducted                                                               
last winter.  Since the  terrorist attacks of September 11, 2001,                                                               
the U.S.  Coast Guard has  ensured that port  security committees                                                               
are in place at  each port and that there is  a security plan for                                                               
each  cruise ship  that  arrives.   Furthermore,  the U.S.  Coast                                                               
Guard goes on  board the cruise ships to make  sure that they are                                                               
complying  with the  security  plans.   Random  U.S. Coast  Guard                                                               
cutter  escorts are  provided  for cruise  ships  at various  key                                                               
areas.    The  routes  of  the  cruise  ships  are  overseen  and                                                               
transportation  of   the  sea  marshals  is   provided  as  well.                                                               
Additionally, there  are security zones around  the Alaska Marine                                                               
Highway  System  (AMHS) ferries  on  a  blanket basis;  the  zone                                                               
prevents any  small vessels from  approaching the  ferries within                                                               
1,000 yards.   The same  consideration has been given  for cruise                                                               
ships, although it's a difficult proposition.                                                                                   
                                                                                                                                
30.18                                                                                                                           
                                                                                                                                
MR.  BURGESS pointed  out that  part  of the  U.S. Department  of                                                               
Homeland   Security   is    the   new   Transportation   Security                                                               
Administration  (TSA).   He explained  that in  Alaska there  are                                                               
three separate regional  security directors under TSA.   There is                                                               
one  in each  of the  following cities:   Anchorage,  Juneau, and                                                               
Fairbanks.   Each of those  report to the  regional headquarters,                                                               
which he  indicated will  be moved to  Seattle, Washington.   Mr.                                                               
Burgess  pointed  out  that  the   U.S.  Department  of  Homeland                                                               
Security  is  in early  stages  of  formation.   He  related  his                                                               
understanding that it  will be developed along  the same regional                                                               
lines as  reflected by  the current  organization of  the Federal                                                               
Emergency Management  Agency (FEMA).   If that  is the  case, the                                                               
regional  headquarters will  be run  out of  Seattle, Washington.                                                               
However,  that  hasn't  been  finalized,   he  noted.    All  TSA                                                               
directors   are   currently  implementing   the   congressionally                                                               
mandated security measure on schedule.                                                                                          
                                                                                                                                
MR. BURGESS  turned to the  slide entitled, "Threats  to Alaska."                                                               
He  specified  that  the  list  of threats  to  Alaska  isn't  an                                                               
exhaustive list nor  are the items prioritized.   The list merely                                                               
highlights some of the potential  threats in Alaska.  Mr. Burgess                                                               
assured  the committee  that this  has  been a  topic of  ongoing                                                               
discussion.   He  reviewed the  list, which  included the  Trans-                                                               
Alaska Pipeline and  the Valdez terminal as well  as the aviation                                                               
transportation hub,  the cruise  ship industry,  the oil  and gas                                                               
platforms  in  Cook  Inlet,  facilities   located  on  the  Kenai                                                               
Peninsula,  and the  super-computer at  the University  of Alaska                                                               
Fairbanks.    Mr.  Burgess explained  that  after  the  terrorist                                                               
attacks of  September 11,  2001, the  large cyanide  shipments to                                                               
the  Red  Dog Mine  were  of  concern  because of  the  potential                                                               
threat.                                                                                                                         
                                                                                                                                
33.17                                                                                                                           
                                                                                                                                
MR. BURGESS turned  to Alaska's challenges.  He  pointed out that                                                               
Alaska remains  vulnerable in its  fuel and water supply.   There                                                               
are  also communications  issues in  Alaska that  are similar  to                                                               
those that  occurred in New  York.  Furthermore, the  border with                                                               
Canada and the large amount  of coastline in Alaska presents some                                                               
significant  challenges, especially  in  light  of the  resources                                                               
available in  Alaska.  Furthermore,  the ability to respond  in a                                                               
timely  fashion  is an  issue  due  to  the challenges,  such  as                                                               
weather, with regard to access to communities.                                                                                  
                                                                                                                                
MR.  BURGESS  turned  to  the   slides  entitled,  "Needs  to  be                                                               
Addressed" and  informed the committee  that one goal is  to work                                                               
smarter, which  would include eliminating the  redundancies among                                                               
federal, state,  and local  law enforcement.   For  instance, the                                                               
state's terrorism  task force is  going to be combined  with ATTF                                                               
so that the duplication of  effort is eliminated.  He highlighted                                                               
the  need to  establish protocols  for communication  between the                                                               
command centers  throughout the state.   He also  highlighted the                                                               
need  to  ensure  an  adequate level  of  Alaska  State  Troopers                                                               
because  they  are  often  the   only  law  enforcement  presence                                                               
throughout  the state.   Additionally,  the Alaska  State Defense                                                               
Force (ASDF) can help respond  to homeland security efforts.  Mr.                                                               
Burgess informed  the committee that  he has been working  on the                                                               
timely dissemination  of information  to law enforcement  as well                                                               
as political leadership.                                                                                                        
                                                                                                                                
37.39                                                                                                                           
                                                                                                                                
SPECIAL AGENT  TOM McCLANAHAN,  Federal Bureau  of Investigation,                                                               
responded  to Representative  Dyson's earlier  question regarding                                                               
the  FBI's ability  to transport  personnel  in the  event of  an                                                               
attack.   He  informed the  committee that  the FBI  is routinely                                                               
deployed overseas and the FBI  relies heavily on the military for                                                               
"lift   capacity."     He   noted   that   MOUs  (memorandum   of                                                               
understanding) are  in place with the  Pentagon.  If there  was a                                                               
major  terrorist  attack  in  Alaska,  Special  Agent  McClanahan                                                               
assured the committee that the  FBI personnel and equipment would                                                               
be transported per the MOU.   Therefore, he didn't view transport                                                               
as a problem.                                                                                                                   
                                                                                                                                
REAR ADMIRAL  UNDERWOOD highlighted that  the next big  threat is                                                               
the cruise ships arriving in Alaska.   With regard to the efforts                                                               
in Valdez, Rear  Admiral Underwood informed the  committee that a                                                               
new cutter,  the Long  Island, will  be permanently  stationed in                                                               
Valdez upon her arrival, June 28, 2003.                                                                                         
                                                                                                                                
BRIGADIER GENERAL CAMPBELL  returned to the issue  of merging the                                                               
state's task force  and the ATTF.  This  merged organization will                                                               
be the first in the country.                                                                                                    
                                                                                                                                
LIEUTENANT  GENERAL CHANDLER  announced that  Alaska Command  and                                                               
the  JTTF-Alaska  looks  forward  to working  with  lead  federal                                                               
agencies should it be necessary.                                                                                                
                                                                                                                                
RANDY  JOHNSON,   U.S.  Marshall  for  Alaska,   highlighted  the                                                               
cooperation between everyone and noted  that it's the only way to                                                               
get things accomplished.                                                                                                        
                                                                                                                                
TED BACHMAN,  Deputy Commissioner,  Department of  Public Safety,                                                               
also highlighted the need for coordination of efforts.                                                                          
                                                                                                                                
41.17                                                                                                                           
                                                                                                                                
SENATOR DYSON inquired, again, as  to any exchange of information                                                               
or coordination with Canada.                                                                                                    
                                                                                                                                
MR. BURGESS answered that the  department has worked closely with                                                               
the Canadians over the last several years.                                                                                      
                                                                                                                                
SENATOR DYSON further  asked if information is  being shared with                                                               
Canada on a real-time basis.                                                                                                    
                                                                                                                                
REAR ADMIRAL UNDERWOOD  recalled from his former  position in the                                                               
Department of Transportation  that there is a  30-point plan that                                                               
the U.S. has  with the Canadian government.  The  plan strives to                                                               
develop and  mature the relationship  between the  two countries,                                                               
which  includes intelligence  sharing.    Rear Admiral  Underwood                                                               
specified  that  intelligence  sharing   is  being  done  at  the                                                               
national level not the local level.   Also at the national level,                                                               
is  the  prevention  of U.S.  law  enforcement  personnel  taking                                                               
weapons into  Canadian waters and locations.   The aforementioned                                                               
has been  lifted and thus  when the  sea marshals ride  the AMHS,                                                               
they are allowed to be armed.                                                                                                   
                                                                                                                                
SENATOR DYSON  asked if  anyone present today  has spoken  with a                                                               
Canadian counterpart in the last month.                                                                                         
                                                                                                                                
LIEUTENANT  GENERAL CHANDLER  informed the  committee that  under                                                               
the  North  American Air  Defense  Command  relationship, he  has                                                               
deputies who  are Canadian officers.   Therefore, he  related his                                                               
belief that there  is a good relationship with Canada.   He noted                                                               
that the  aforementioned relationship  has migrated to  North COM                                                               
in  that the  Canadians have  entered into  discussions regarding                                                               
how  the U.S.  and Canada  fit  together in  a military  defense.                                                               
However,  he  cautioned that  this  relationship  will take  some                                                               
time.     From  the  federal  level,   the  intelligence  sharing                                                               
continues.  The  ATTF provides an organization that  can feed the                                                               
information if necessary.                                                                                                       
                                                                                                                                
44.52                                                                                                                           
                                                                                                                                
SENATOR DYSON  commented that he  has been fairly  confident that                                                               
the intelligence sharing has been  in place for airborne threats.                                                               
However,  he expressed  concern  with regard  to the  terrestrial                                                               
threats.  He related that he  has been told that between the U.S.                                                               
Coast  Guard  and the  RCMP  and  District  13  and 17  that  the                                                               
intelligence  information is  flowing back  and forth  seamlessly                                                               
without having to go to  Washington, D.C., or Ottawa before going                                                               
to Canada.                                                                                                                      
                                                                                                                                
REAR ADMIRAL UNDERWOOD  answered that the U.S.  Coast Guard works                                                               
with  its  Canadian  counterparts  and the  13th  district  on  a                                                               
regular  basis.   The flow  of  information is  working well  for                                                               
local events.                                                                                                                   
                                                                                                                                
MR.  BACHMAN added  that the  local civil  law enforcement  level                                                               
works  on a  daily basis  with the  RCMP, both  operationally and                                                               
through the intelligence office  that shares information with the                                                               
FBI agent in Anchorage.                                                                                                         
                                                                                                                                
MR.  McCLANAHAN confirmed  that  he speaks  with  the RCMP  folks                                                               
often.  Furthermore, there are  FBI personnel stationed in Ottawa                                                               
and  Vancouver   who  work  directly   with  the  RCMP   and  its                                                               
intelligence   counterpart.       The   state   law   enforcement                                                               
intelligence center  also shares actual databases  with the RCMP.                                                               
Therefore, there is a lot of exchange going on.                                                                                 
                                                                                                                                
TAPE 03-2, SIDE B                                                                                                             
                                                                                                                                
SENATOR DYSON  asked if there is  an agreement in which  the U.S.                                                               
Coast Guard's swat team could work in District 17 if need be.                                                                   
                                                                                                                                
REAR ADMIRAL UNDERWOOD explained  that Senator Dyson is referring                                                               
to Rear Admiral Brown, 13th  District Commander, and the Maritime                                                               
Safety and  Security Team (MSST), which  was recently established                                                               
in Puget Sound, Washington.   The establishment of the first four                                                               
MSSTs were  in ports considered  so strategic that the  nature of                                                               
the MSST  wouldn't be  deployable.   Rear Admiral  Underwood said                                                               
that  he didn't  have the  agreement in  place with  Rear Admiral                                                               
Brown.  However, he  said he has talked with his  boss as well as                                                               
Rear Admiral  Brown's boss  and has been  assured that  [the swat                                                               
team]  wouldn't be  available  because it  would  be in  Seattle,                                                               
Washington, where  it's needed even  more.  However, he  noted he                                                               
has  had conversations  with Admiral  Collins  and Congress  with                                                               
regard to the  need for a MSST in Alaska,  although that isn't in                                                               
the budget for 2004.                                                                                                            
                                                                                                                                
SENATOR  DYSON said  to let  him know  if a  resolution from  the                                                               
Alaska State  Legislature in  support of a  MSST in  Alaska would                                                               
help.    Senator  Dyson  expressed  concern  that  most  maritime                                                               
security is  centered at ports,  which gives the  impression that                                                               
once the vessels  are untied no one is paying  attention to their                                                               
security.  However, from the  testimony today he understands that                                                               
there  is concern  with regard  to  the security  of vessels  not                                                               
located at a port.                                                                                                              
                                                                                                                                
REPRESENTATIVE  HEINZE  returned  to  the issue  of  the  threats                                                               
Alaska faces  and asked if Alaska  faces a threat with  regard to                                                               
it being the world's largest float plane base.                                                                                  
                                                                                                                                
MR. BURGESS  reiterated that  the list of  threats to  Alaska was                                                               
merely a sampling of concerns.   He indicated that Alaska's float                                                               
plane base is  of concern and analyzing the  potential threats is                                                               
an ongoing process.                                                                                                             
                                                                                                                                
LIEUTENANT  GENERAL   CHANDLER  related  that   determining  what                                                               
threats  are  more  important is  problematic.    Typically,  the                                                               
matter returns to the ability  to share information and determine                                                               
if there  is a threat  and if so,  where the resources  should be                                                               
placed.   He mentioned that  there could  be a scenario  in which                                                               
there  aren't  enough resources  to  go  around.   Therefore,  he                                                               
characterized Alaska's large float plane  base as one of the many                                                               
possible threats to Alaska.                                                                                                     
                                                                                                                                
43.05                                                                                                                           
                                                                                                                                
BRIGADIER  GENERAL  CAMPBELL  noted   that  they  are  trying  to                                                               
prioritize and find solutions.   He pointed out that the pipeline                                                               
became one  of the  highest priorities for  the State  of Alaska,                                                               
and therefore  the department is  in the process of  developing a                                                               
specific  operations  plan  regarding  how  to  protect  specific                                                               
critical nodes  of the pipeline.   The  same will follow  for the                                                               
railway, aviation assets,  and other critical assets  if the need                                                               
arises.                                                                                                                         
                                                                                                                                
42.07                                                                                                                           
                                                                                                                                
REPRESENTATIVE  DAHLSTROM returned  to the  issue of  ferries and                                                               
cruise ships  as potential threats.   She requested  that someone                                                               
expound on that and discuss the level of risk they may be.                                                                      
                                                                                                                                
REAR ADMIRAL  UNDERWOOD explained that  the risk to  cruise ships                                                               
and passenger ferries is reviewed on  two levels.  The numbers of                                                               
people on the  high capacity passenger vessels is  reviewed as is                                                               
the impact to  the tourism industry and the cost  to the American                                                               
industry.  Those  two factors and the willingness on  the part of                                                               
terrorists to create  an impact on the U.S.  economy while taking                                                               
as many lives  as possible is viewed as a  relatively high threat                                                               
that should be secured.                                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM  asked if the increasing  pleasure craft                                                               
use is seen  as a problem.   She also inquired as  to how vessels                                                               
from other countries are treated.                                                                                               
                                                                                                                                
REAR  ADMIRAL  UNDERWOOD  answered that  the  increased  pleasure                                                               
craft  traffic doesn't  represent a  significant concern  at this                                                               
time.  There is sufficient  ability to gather intelligence in the                                                               
ports  from  which  most  recreational  craft  are  operating  in                                                               
Alaska.  With  regard to foreign recreational  vessels in Alaska,                                                               
he pointed out that these must  check in when entering Alaska and                                                               
each is evaluated.                                                                                                              
                                                                                                                                
39.28                                                                                                                           
                                                                                                                                
CO-CHAIR HARRIS  inquired as to  how one balances the  public use                                                               
of Alaska's facilities versus the  public safety aspect, which he                                                               
indicated was probably the highest difficulty.                                                                                  
                                                                                                                                
LIEUTENANT  GENERAL CHANDLER  said that  the Posse  Comitatus Act                                                               
allows the military to do its job.                                                                                              
                                                                                                                                
CO-CHAIR HARRIS  surmised that the  public input probably  has to                                                               
be weighed when developing regulations.                                                                                         
                                                                                                                                
REAR  ADMIRAL  UNDERWOOD  turned  to the  blanket  security  zone                                                               
around  cruise ships  and the  impact  that would  have on  other                                                               
activities in the same area.   He agreed that there is a balance.                                                               
"It's not security  for the sake of security  and everything else                                                               
has to stop,"  he said.  He indicated that  the aforementioned is                                                               
taken seriously while  trying to find the  most cooperative means                                                               
to continue commerce and ensure safety.                                                                                         
                                                                                                                                
BRIGADIER GENERAL CAMPBELL, speaking  on the state's perspective,                                                               
agreed that  it's a difficult  challenge.  He noted  that shortly                                                               
the legislature will  have before it some  statutory changes that                                                               
the  ATTF  recommends.    Therefore,   he  asked  that  when  the                                                               
aforementioned  occurs that  the  legislators balance  individual                                                               
civil liberties with what's necessary to have a safe state.                                                                     
                                                                                                                                
MR. BURGESS agreed that it's  a balance that everyone's trying to                                                               
keep in mind;  trying to be as least intrusive  as possible while                                                               
having an acceptable amount of  security.  For example, screening                                                               
at airports to make them safer while not going to extremes.                                                                     
                                                                                                                                
35.43                                                                                                                           
                                                                                                                                
REPRESENTATIVE HEINZE posed  a situation in which  a passenger on                                                               
board a  ship had  Severe Acute  Respiratory Syndrome  (SARS) and                                                               
infected everyone.  She asked if  ATTF would move forward as in a                                                               
terrorism attack.                                                                                                               
                                                                                                                                
MR. McCLANAHAN surmised that state  health authorities would come                                                               
into  play rather  than  the  military or  law  enforcement.   He                                                               
characterized a  SARS outbreak  as a health  issue rather  than a                                                               
terrorist-related threat.                                                                                                       
                                                                                                                                
REAR  ADMIRAL UNDERWOOD  clarified  that such  a situation  would                                                               
probably  involve  the  state and  federal  Centers  for  Disease                                                               
Control (CDC).  He noted  that exercises have been conducted that                                                               
would include  such a scenario.   In such a scenario,  the vessel                                                               
is quarantined  and not  allowed in the  port and  the passengers                                                               
are treated on board the vessel.                                                                                                
                                                                                                                                
34.40                                                                                                                           
                                                                                                                                
CO-CHAIR  WILKEN thanked  everyone for  participating in  today's                                                               
presentation.   He related his  observation that  Americans sleep                                                               
better today because  of those who have the courage  to serve the                                                               
Commander in Chief to make America  a better place.  He closed by                                                               
thanking everyone for their service.                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the Joint                                                               
Armed Services Committee meeting was adjourned at 1:20 p.m.                                                                     

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