Homeland Security in the States & Territories

1. Homeland Security in the States & Territories Homeland Security and Technology Division Center For Best Practices National Governors Association Jerry Murphy, Director

2. NGA Center for Best Practices • Provides support to Governors and Homeland Security officials -Technical assistance -Policy Research -Forums for debate and discussion -Issue Briefs

3. What are the states’ top priorities? • Coordinating Efforts by All Levels of Government • Receiving and Disseminating Timely Intelligence Information • Developing Interoperable Communications between First Responders • Identifying and Protecting Critical Infrastructure • Enhancing Bioterrorism Preparedness • Funding • Protecting Sensitive Security Information • Securing Border, Airports, and Seaports • Defining the Role of the National Guard in Homeland Security • Integrating Incident Command Systems

4. States’ priorities • Coordinating Efforts by All Levels of Government • Ensures all entities are working toward the same goals • Coordination through the nation’s governors’ offices and appropriate state agencies • Avoids gaps in coverage, incompatibility, and duplication

5. States’ top priorities • Receiving and Disseminating Timely Intelligence Information • States rely on federal government to share actionable information and intelligence • Office of Homeland Security should be central repository and clearinghouse to provide state and local agencies with counterterrorism-related information (TTIC) • State and local authorities need security clearances to receive information

6. States’ top priorities • Developing Interoperable Communications between First Responders • Communications compatibility across jurisdictions • Definitions and Terms • Adequate federal spectrum must be secured • Analog spectrum must be vacated by commercial broadcasters • Northern-border interference from Canadian broadcasters

7. States’ top priorities • Identifying and Protecting Critical Infrastructure • Governors have bolstered security at key assets • Vulnerability assessments/strategic plans • Federal support is necessary • Regulatory oversight and guidance to private sector

8. States’ top priorities • Enhancing Bioterrorism Preparedness • States face significant challenges in preparing to respond to bioterrorism • Public Health must be integrated into all of the other state preparedness and emergency response agencies efforts • Federal definition of “first responder” needs to be broadened to include public health, hospitals, and other nontraditional response agencies

9. States’ top priorities • Enhancing Bioterrorism Preparedness (continued) • State and local governments need help in upgrading the following key areas: • Coordinated planning among public health, emergency services and hospitals • Enhanced analytical capacity at state and local laboratories • Improved response and capacity to deal with mass casualties’ response • Enhanced medical surge capacity

10. States’ top priorities • Enhancing Bioterrorism Preparedness (continued) • State and local governments need help in upgrading the following key areas: • Build-out of communications systems that improve surveillance, detection, and communication capabilities using symptomlogy and disease reporting • Enhance forensic epidemiology capability • Bioterrorism-relevant training for first responders • Rapid distribution of vaccines and medical supplies

11. State’s top priorities • Funding • State budgets depressed through 2004 • Federal government should not reduce adequate funding and support to ensure that homeland security needs are met • DHS should have the ultimate authority to coordinate policy and set funding levels

12. States’ top priorities • Protecting Sensitive Security Information • DHS authorizing statute provides protections for “voluntarily submitted” information • Many states have passed similar exemptions to protect sensitive information at the state level

13. States’ top priorities • Securing Borders, Airports, and Seaports • Increased security at borders has hurt commerce, especially those states sharing a border with Canada • More appropriate staffing must be provided for the federal agencies responsible for border and port security • A better system needs to be developed for inspecting tens of millions of containers that cross U.S. borders

14. States’ top priorities • The Role of the National Guard • The optimal use of the National Guard occurs under the control of the Governor • Evolving role for the National Guard, including: • Receiving and distributing CDC pharmaceutical push package • Border, Port, and Nuclear Power Plant security support • Civil Support Teams (CSTs)

15. States’ top priorities • Integrating Incident Command Systems • Federal agencies should integrate their command systems into existing state and local incident command systems (ICS) • States and locals already have systems tailored to local conditions • The Unified Command process is the best way to integrate command in both crisis and consequence management

16. What are states doing to enhance homeland security? • In response to September 11, Governors designated an advisor and/or director for homeland security. • Some Governors have chosen to elevate this position to Cabinet-level, including MA, MO, NY, SC, TN and OR, while others have chosen to use the expertise of state emergency management directors, adjutant generals, and state public safety departments.

17. What are states doing to enhance homeland security? • Legislation--States have passed numerous homeland security legislative initiatives, including crime, public health, records protections, and drivers license protections initiatives to name a few.

18. What are states doing to enhance homeland security? • Crime • Many comprehensive legislative packages have been pushed through state legislatures rendering terrorism or support of terrorism an act punishable by significant criminal penalties, including the death penalty. The primary approach has been to assign specific criminal statutes to certain types of terrorism, including nuclear, bio- and agroterrorism.

19. What are states doing to enhance homeland security? • Public Health • Several states have implemented differing forms of emergency health powers, bestowing a number of powers on the Governor, including the power to enforce isolation and quarantines, to compel movement of persons and property, to compel hospitalization and vaccination of affected, and to control stockpiles of pharmaceuticals.

20. What are states doing to enhance homeland security? • Public Records • Many states have undertaken changes to their “Sunshine Laws” or other forms of statutorily-authorized public records access. In nearly every instance, the alterations concerned exempting sensitive, homeland security-related information from public access.

21. What are states doing to enhance homeland security? • Driver’s Licenses • Two main changes have been made by states: • (1) Linking Visa expiration to the expiration of the driver’s license • (2) Physical alterations to the Driver’s license including, bar code information, digital biometric technology, and differently colored licenses to designate foreign versus U.S. citizen status

22. What are states doing to enhance homeland security? • State Homeland Security Initiatives--States have compiled plans for addressing various forms of terrorism, including bioterrorism, agroterrorism, and nuclear terrorism

23. What are states doing to enhance homeland security? • Critical Infrastructure—Each state is conducting risk assessments to determine vulnerabilities in critical infrastructure

24. What are states doing to enhance homeland security? • Interoperability—Governors are taking steps to solve communications interoperability problems, including investing in new communications equipment, updating antiquated communications networks, and developing compatibility standards for communications equipment

25. Future considerations • Over the course of the next year, NGA’s Homeland Security Division will be undertaking a number of projects, including: • Homeland Security Task Force • Bioterrorism Conference • Energy Security forum • Interoperability policy academy • Intelligence policy academy • New Homeland Security Directors Forum