U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

29–334 PDF 2006

POLICING CAPITAL SITES: IMPROVING

COORDINATION, TRAINING AND EQUIPMENT

HEARING

BEFORE THE

COMMITTEE ON

GOVERNMENT REFORM

HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

JULY 21, 2006

Serial No. 109–166

Printed for the use of the Committee on Government Reform

(

Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html

http://www.house.gov/reform

(II)

COMMITTEE ON GOVERNMENT REFORM

TOM DAVIS, Virginia, Chairman

CHRISTOPHER SHAYS, Connecticut

DAN BURTON, Indiana

ILEANA ROS-LEHTINEN, Florida

JOHN M. MCHUGH, New York

JOHN L. MICA, Florida

GIL GUTKNECHT, Minnesota

MARK E. SOUDER, Indiana

STEVEN C. LATOURETTE, Ohio

TODD RUSSELL PLATTS, Pennsylvania

CHRIS CANNON, Utah

JOHN J. DUNCAN, JR., Tennessee

CANDICE S. MILLER, Michigan

MICHAEL R. TURNER, Ohio

DARRELL E. ISSA, California

JON C. PORTER, Nevada

KENNY MARCHANT, Texas

LYNN A. WESTMORELAND, Georgia

PATRICK T. MCHENRY, North Carolina

CHARLES W. DENT, Pennsylvania

VIRGINIA FOXX, North Carolina

JEAN SCHMIDT, Ohio

BRIAN P. BILBRAY, California

HENRY A. WAXMAN, California

TOM LANTOS, California

MAJOR R. OWENS, New York

EDOLPHUS TOWNS, New York

PAUL E. KANJORSKI, Pennsylvania

CAROLYN B. MALONEY, New York

ELIJAH E. CUMMINGS, Maryland

DENNIS J. KUCINICH, Ohio

DANNY K. DAVIS, Illinois

WM. LACY CLAY, Missouri

DIANE E. WATSON, California

STEPHEN F. LYNCH, Massachusetts

CHRIS VAN HOLLEN, Maryland

LINDA T. SANCHEZ, California

C.A. DUTCH RUPPERSBERGER, Maryland

BRIAN HIGGINS, New York

ELEANOR HOLMES NORTON, District of

Columbia

———

BERNARD SANDERS, Vermont

(Independent)

DAVID MARIN, Staff Director

LAWRENCE HALLORAN, Deputy Staff Director

TERESA AUSTIN, Chief Clerk

PHIL BARNETT, Minority Chief of Staff/Chief Counsel

(III)

C O N T E N T S

Page

Hearing held on July 21, 2006 ............................................................................... 1

Statement of:

McKnight, Rear Admiral Terence, U.S. Navy, Commandant, Naval District Washington; Major General Guy C. Swan III, U.S. Army Commanding General, Military District of Washington; Joseph W. Trindal,

Regional Director, National Capital Region, Federal Protective Service;

and Michael D. Fogarty, assistant chief of police, U.S. Park Police ......... 10

Fogarty, Michael D. ................................................................................... 33

McKnight, Rear Admiral Terence ............................................................ 10

Swan, Major General Guy C., III ............................................................. 20

Trindal, Joseph W. .................................................................................... 31

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

Cummings, Hon. Elijah E., a Representative in Congress from the State

of Maryland, prepared statement of ............................................................ 9

Davis, Chairman Tom, a Representative in Congress from the State of

Virginia:

Prepared statement of ............................................................................... 4

Prepared statement of Chief Ramsey ...................................................... 43

Fogarty, Michael D., assistant chief of police, U.S. Park Police, prepared

statement of ................................................................................................... 36

McKnight, Rear Admiral Terence, U.S. Navy, Commandant, Naval District Washington, prepared statement of .................................................... 13

Ruppersberger, Hon. C.A. Dutch, a Representative in Congress from the

State of Maryland, prepared statement of .................................................. 57

Swan, Major General Guy C., III, U.S. Army Commanding General, Military District of Washington, prepared statement of .................................. 23

(1)

POLICING CAPITAL SITES: IMPROVING

COORDINATION, TRAINING AND EQUIPMENT

FRIDAY, JULY 21, 2006

HOUSE OF REPRESENTATIVES, COMMITTEE ON GOVERNMENT REFORM, Washington, DC.

The committee met, pursuant to notice, at 10 a.m., in room 2154,

Rayburn House Office Building, Hon. Tom Davis (chairman of the

committee) presiding.

Present: Representatives Tom Davis, Cummings, Watson,

Ruppersberger, and Norton.

Staff present: Larry Halloran, deputy staff director; John Hunter,

counsel; Andrea LeBlanc, deputy director of communications;

Shalley Kim, professional staff member; Teresa Austin, chief clerk;

Michael Galindo, deputy clerk; Kim Trinca, minority counsel;

Earley Green, minority chief clerk; and Jean Gosa, minority assistant clerk.

Chairman TOM DAVIS. The committee will come to order.

The primary obligation of any government is the safety and security of its citizens, and we’ve been acting on many fronts to fulfill

that obligation. Our region faces unique challenges when it comes

to planning and implementing security measures. A multitude of

local, State and Federal agencies need to work in unison. Today it’s

our hope to examine the extent to which that coordination is working and where it needs to be improved.

As the Federal seat of government, Washington, DC, is unique

in that it houses the executive, legislative and judicial branches

and many independent agencies. Washington is home to many national landmarks and key operational facilities like the Washington

Monument, the Capitol and the Navy Yard. Not only do we have

the Federal work force at these sites, many thousands of visitors

come to visit these landmarks. In addition, Washington is a city

that has people living in it. It has neighborhoods, and it needs law

enforcement protection just like any other major city.

In 1997, Congress adopted the National Capital Revitalization

and Self-Government Improvement Act, which in part authorized

the District of Columbia Metropolitan Police Department and 32

Federal law enforcement agencies to enter into cooperative agreements to assist in carrying out crime prevention and law enforcement activities in the District of Columbia. Those agreements could

cover such activities as Federal law enforcement agency patrolling

areas in D.C., sharing and donating equipment and supplies, operating on shared radio frequencies, and Federal agency processing

and papering of suspects they arrest in the District of Columbia.

2

As a result, today we have a situation where many secure Federal

sites are operated and protected by Federal police units.

The Government Accountability Office recently reported that

agencies found it difficult to measure initiatives to improve security

and that resources were scarce. GAO stated, ‘‘Given their competing priorities and limited security resources, U.S. Federal agencies

could benefit from specific performance measurement guidance and

standards for facility protection to help them address the challenges they face and to help ensure that their physical security efforts are achieving the desired results.’’

While sites such as the Capitol and the White House are well

guarded, there are many other high-level and sensitive targets

that, if attacked, could result in loss of life and serious damage to

property and national prestige. September 11, 2001, confirmed the

Nation’s Capital as a terrorist target. Those who wish us harm

have demonstrated their perverted preference for high-profile targets of both operational and symbolic value. As we harden some

targets, they shop for others. We need to remain vigilant and continue to improve facility security here.

Despite clear progress, it appears more needs to be done. According to a January 6, 2006, Washington Post article, the Navy police

lacked basic training, equipment and critical resources in protecting the public and secure sites. Officers were reported complaining

about incidents of carrying unworkable police radios and armorpiercing ammunition used in service weapons but inappropriate,

even dangerous, in a civilian security mission. We were told the

Navy has been working to address these issues, and we look forward to hearing the testimony on the status of those efforts.

The committee is dedicated to fostering greater efficiency and coordination among the Federal police units and District of Columbia

Metropolitan Police Department. The Federal law enforcement

agencies share responsibility with the Metro force for protecting

the Federal facilities of the Nation’s Capital. The critical nature of

this joint mission and the shared responsibility of a myriad of

agencies demand an unprecedented degree of cooperation and coordination between traditionally independent public safety agencies

which may not be trained or resourced for that critical joint mission.

This coordination becomes all the more important now that the

Metropolitan Police Chief has declared a ‘‘crime emergency’’ in the

District as a result of a sudden increase of serious crimes after a

steady reduction in crime rates. Protection from street crimes and

terrorism demands a coordinated and comprehensive response.

This morning, we have representatives from four Federal law enforcement agencies that share in providing law enforcement services in the District: the Navy Police Division-Naval District Washington, the Army Military District of Washington, the Federal Protective Service and the U.S. Park Police. We expect to receive information that will enable us to assess the current readiness of each

of these units and the level of coordination in their core law enforcement missions. We expect each witness to provide information

concerning the agency’s security force, including training and technologies used to secure and protect Federal facilities, coordination

of security efforts within and among agencies to improve or enVerDate 11-MAY-2000 14:51 Oct 13, 2006 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 D:\DOCS\29334.TXT HGOVREF1 PsN: HGOVREF1
3

hance site security, and impediments that make it difficult to

maintain increased security at Federal facilities.

[The prepared statement of Chairman Tom Davis follows:]

4

5

6

Chairman TOM DAVIS. I would now recognize Ms. Norton for an

opening statement.

Ms. NORTON. Thank you very much, Mr. Chairman.

I very much appreciate your willingness to hold this hearing on

Federal police forces that I requested and hope that before the end

of this congressional session, other hearings I have requested, particularly hearings on the Office of the U.S. Attorney and another

on the District’s structural imbalance, can be held. I particularly

appreciate your willingness to add the U.S. Park Police to the

panel today in light of the emergence of crime on the Mall.

Among the least well known and least understood police in the

United States are the civilian Federal police forces that police our

most secure Federal facilities. The police that guard Defense Department facilities such as the Army or Navy bases, for example,

are not military police but civilian police. The most secure facilities

in the United States, some of them particularly vulnerable terrorist

targets such as nuclear facilities, are guarded by civilian police.

The District of Columbia and the National Capital Region are

laced with many secure facilities that depend on these civilian Federal police. Although they guard very high-value targets, they have

been virtually forgotten in the rush to secure the more obvious targets, such as the Congress and the White House.

Precisely because these well-known targets are so well policed

and secure, however, other targets have become more vulnerable.

For example, the District alone has six military installations within

its borders. Among them is the newly renovated Navy Yard, home

of the Naval Sea Systems Command, one of the most technologically advanced secure agencies. This facility is policed by Naval

District Washington, a civilian police force that is also responsible

for other secure facilities, among them the National Geospatial Intelligence Agency and the Anacostia installation and the Naval Observatory, which includes the Vice President’s residence, and the

top secret research facility at the Patuxent Naval Air Station in

southern Maryland.

I had a special interest in the Naval Sea Systems Command

since I worked to help bring the agencies to the Navy Yard instead

of a planned relocation to California.

My interest was piqued by a Washington Post article that the

chairman has described, describing complaints from Naval District

police officers about malfunctioning radios, substandard equipment

and armor-piercing bullets borrowed from military supplies that

are highly unsuitable for use guarding a civilian facility in an

urban area.

After meeting with the Command and the officers, it became

clear that the issues were not peculiar to the Naval District Police.

The civilian police across the country are not treated as coherent

assets that must be coordinated for maximum effect but appear to

operate like little-noticed stepchildren, notwithstanding their training and police background.

The value of the police who guard the most secure facilities nationwide is underestimated. The country can ill afford to continue

to regard these valuable police forces with just passing attention of

the kind they received before September 11th. Without a great deal

more resources but with more attention, information-sharing equipVerDate 11-MAY-2000 14:51 Oct 13, 2006 Jkt 000000 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 D:\DOCS\29334.TXT HGOVREF1 PsN: HGOVREF1
7

ment and especially coordination, these civilian police throughout

the United States can become a true post-September 11th asset,

linked to other forces with similar responsibilities. In today’s public

safety and security conscious environment, these police forces are

too valuable to be left outside the circle of our national strategy to

secure our country and to assure public safety.

I welcome today’s witnesses and look forward to their testimony.

Thank you again, Mr. Chairman.

Chairman TOM DAVIS. Thank you.

Are there any other Members who wish to make statements?

Ms. Watson.

Ms. WATSON. Thank you, Mr. Chairman, particularly for holding

this most important hearing on the authority of the police units in

our Nation’s Capital and nationwide.

Adequate attention for essential security forces used to protect

Federal facilities is a part of the many steps this Congress must

take in helping improve our homeland security, and the fact that

we have seen a threat to tourism in the last few days indicates that

we are lagging in the kind of security we need to give to our Federal sites within the local environment.

Since September 11th, lessons we have learned here in Washington preparing for natural disasters means there are State and local

first responders that possess valuable real-world experience, experience that can be a value to other States and communities across

the Nation as they seek to develop terrorism response plans of

their own.

This is not to imply that response plans developed for natural

disasters can be used in a cookie-cutter approach to respond to terrorist attacks. Preparation for a response to a terrorist incident has

its own unique needs, and our Federal police forces should have the

skills and training to protect our homeland. The Federal Government still needs to conduct a comprehensive threat and risk assessment for all Federal police units.

The administration has proposed large increases in homeland security funding without objectively assessing the best way to spend

those funds. I hope to work with my colleagues on this committee

to persuade the administration to conduct a comprehensive national coordination and training assessment for all of our police

forces, and I want to thank all of you for your willingness to come

and testify in order for us to understand the dire need for law enforcement agencies to receive the proper training and funding in

order to protect our Nation.

This committee, I am sure, will do everything in its power to

help provide all of you with the proper funding to fight and protect

America’s homeland and particularly our memorial sites here in

the Nation’s Capital and protect the people who come to America

to see the greatness of this country. So I want to encourage you to

please continue your diligent efforts in protecting our America.

I thank you, and I yield back, Mr. Chair.

Chairman TOM DAVIS. Thank you very much.

Mr. CUMMINGS. Mr. Chairman, I have a very brief statement.

Thank you again for—I just join my colleagues in thanking you,

Mr. Chairman, for working with Ms. Norton to bring about this

hearing.

8

In the wake of the September 11th terrorist attack on the Pentagon and the anthrax attack on the Hart Senate Office Building, I

think we all can agree on the need to provide our residents, workers and visitors with the utmost protection. The reality is that the

District of Columbia is a terrorist target, and we must protect it.

It appears that inefficiencies exist in the NCR police program.

There are over 50 Federal police forces with jurisdiction over the

District, ranging from the Library of Congress force, which patrols

the area surrounding its building, to the National Park Service,

which covers thousands of acres. To better coordinate Federal police forces, Congress in 1997 enacted the Police Coordination Act of

1997 as a part of the National Capital Revitalization Self-Government Improvement Act. Under the law, 31 agencies were encouraged to establish a memorandum of understanding with the Metropolitan Police Department of the District of Columbia to streamline

efforts, but, to date, only eight of those agencies have done so.

This is not necessarily bad news. Some agencies were already

working with the police department and therefore did not need to

establish a formal MOU, but some agencies still are not communicating effectively and efficiently with the District forces. We must

rectify this situation to ensure that we are providing the best protection to all who live and work in and visit the District.

Mr. Chairman, I look forward to the testimony; and, again, I

thank you for holding this hearing.

Chairman TOM DAVIS. Thank you very much, Mr. Cummings.

[The prepared statement of Hon. Elijah E. Cummings follows:]

9

10

Chairman TOM DAVIS. Members will have 7 days to submit opening statements for the record.

We will have to recognize our very distinguished panel. We have

Rear Admiral Terence McKnight, the Commandant of the U.S.

Navy, Naval District of Washington. Welcome. Major General Guy

C. Swan, U.S. Army Commanding General, Military District of

Washington. Welcome, General. Mr. Joseph W. Trindal, Regional

Director, National Capital Region, Federal Protective Service.

Thank you for being here. And Mr. Michael D. Fogarty, the assistant chief of police, U.S. Park Police. Thank you as well.

It is the policy of this committee that all witnesses be sworn before you testify. So if you’d please rise with me, please raise your

right hands.

[Witnesses sworn.]

Chairman TOM DAVIS. Thank you very much.

Admiral McKnight, we will start with you.

We have a light in front of you. It goes green when you start.

It turns orange or yellow after 4 minutes, red after 5. We would

like to try to keep that frame. Your entire statement was submitted

into the record, and any questions will be based on that. Thank you

very much.

STATEMENTS OF REAR ADMIRAL TERENCE McKNIGHT, U.S.

NAVY, COMMANDANT, NAVAL DISTRICT WASHINGTON;

MAJOR GENERAL GUY C. SWAN III, U.S. ARMY COMMANDING

GENERAL, MILITARY DISTRICT OF WASHINGTON; JOSEPH W.

TRINDAL, REGIONAL DIRECTOR, NATIONAL CAPITAL REGION, FEDERAL PROTECTIVE SERVICE; AND MICHAEL D.

FOGARTY, ASSISTANT CHIEF OF POLICE, U.S. PARK POLICE

STATEMENT OF REAR ADMIRAL TERENCE McKNIGHT

Admiral MCKNIGHT. Chairman Davis and members of the committee, good morning. I’m Rear Admiral Terence McKnight, Commandant of the Naval District Washington.

The Naval District Washington is one of seven major regions in

the continental United States, all of which fall under the command

of the Commander, Navy Installations Command. The mission of

each region is to sustain fleet combat readiness through effective

and efficient shore installation management and support for those

Navy and Marine Corps installations within the areas of responsibility. The Naval District Washington region is very large, covering parts of Virginia, Maryland and the District of Columbia. To

manage this, the Naval District Washington is organized into five

naval support activities responsible for 19 different installations.

Those 19 installations cover more than 26,000 acres. They house

more than 400 commands and activities, including 70,000 military

and civilian employees.

The security force for Naval District Washington is compromised

of approximately 660 well-equipped, well-trained military, government civilian and contractor employees. The security force is ultimately under my authority, reporting through a chain of command

that includes an Installation Commanding Officer and the Naval

District Washington Public Safety Director.

11

The mission of Naval District Washington’s security force is to

secure good order and discipline within each installation, maintaining a safe environment for installation personnel to perform their

assigned mission and to protect installation property within the installation boundaries or fence line.

Naval District Washington’s installation supports the Vice President’s residence and one of our national clocks at the National Research Lab and Navy Test Pilot School and the U.S. Naval Academy, to name just a few.

Clearly, the professionals in the Naval District Washington security force perform a job vital to our national security. I am pleased

to tell you that our Naval District Washington security force is well

trained in its important mission. All officers receive basic training

that covers a variety of topics needed to their jobs, including traffic

law enforcement, radio communication, patrol procedures, the rules

of evidence, and the Uniform Code of Military Justice. They also

attend sustainment training in accordance with Navy standards

and are provided supplemental training for specialized areas as

needed for a particular position.

In addition, Naval District Washington Headquarters Command

is a member of a team led by the U.S. Army that has been tasked

by the Office of the Secretary of Defense to develop uniform standards, including a new trainee curriculum for the Department of Defense security. We stand ready to implement the recommendations

that come from this team so Naval District Washington security

force has the right skills to meet our mission.

I am also pleased to report the Naval District Washington security force provides us with equipment that is needed to accomplish

its mission. They are issued guns, batons, pepper spray, flashlights,

handcuffs, radios and is quickly going to be supplied body armor.

I am aware of some concerns expressed in the past about body

armor, radios and bullets supplied to officers. Let me address these

items quickly, because I believe that we have made a great stride

and are continuing to make tremendous improvements in these

areas.

In the past, because of resource constraints and the demand of

equipping our troops in Afghanistan and Iraq has placed our manufacturers of body armor—and our officers did not receive all the

body armors needed. However, I can report that 90 percent of our

officers serving in the Washington, DC, area are with body armor

today. We expect all the rest of these to be fitted out shortly.

Also, in the past, not all of our radios have been operational. The

equipment is old, and replacement parts were not being provided.

Today, I can report that all our officers are supplied with operational radios that are maintained in the highest order.

In addition, enterprise land mobile radio, often referred to as

ELMR, system, a new DOD watch system has already begun to be

deployed. It is expected by the end of 2007 these new hand-held

bay station mobile radio describer units will be placed in Naval

District Washington. The ELMR system has the capability to allow

us to communicate more efficiently with the law enforcement

groups, both Federal and local.

I am also aware of concerns about the type of ammunition that

is used for our security force. The bullets provided are known as

12

ball ammunition and have the capability of passing through an intended target. Another type of ammunition, jacket or hollow point

ammunition, flattens out when it hits the targets, limiting its ability to pass through an object. However, I must report we are constrained by Navy requirements and the Navy supply system to use

ball ammunition.

I understand that the focus of the committee’s interest today concerns coordination among law enforcement in the District. The authority of the Naval District Washington security force and all

Naval District facilities generally is limited to the installation

boundaries, because of our mission and because the Naval District

Washington security force is under the control of a military commander.

Despite the limits of authority, the Naval District Washington

security force seeks to be good partners to local and Federal law

enforcement agencies by coordinating and communicating with the

Metropolitan Police Department and other Federal agencies on a

day-to-day need.

While the Naval District Washington security force did not have

a formal cooperative agreement with the Metropolitan Police Department, entering into an agreement has been discussed and the

U.S. Attorney has been working with us on this issue. However,

the lack of formal agreement has not hindered our cooperation and

communication.

In addition, the Naval District Washington security force coordinates with the Naval Criminal Investigation Services, whose official business is liaison with the agencies in the area. Naval District

Washington also participates in the National Capital Region Council of Governments. Additionally, I am the Deputy Commander of

the Joint Forces Headquarters for the National Capital Region.

In closing, as demonstrated by our improvements we reported to

you earlier, Naval District Washington continues to find ways to

support its security force so they can accomplish their mission

within our installation. On behalf of all the Navy sailors and civil

servants and their families, I thank the Congress for continuing

support for all of us. I am prepared to answer your questions.

Chairman TOM DAVIS. Thank you very much.

[The prepared statement of Admiral McKnight follows:]

13

14

15

16

17

18

19

20

Chairman TOM DAVIS. General Swan.

STATEMENT OF MAJOR GENERAL GUY C. SWAN III

General SWAN. Chairman Davis, members of the committee,

thank you for the opportunity to discuss my command’s role in supporting the important mission of safeguarding the Nation’s Capital.

As was pointed out, I am the Commander of the U.S. Army Military District of Washington, but I also am dual-hatted as the Commander of the Joint Force Headquarters, National Capital Region.

Joint Force Headquarters-NCR, activated in June 2003, is the

Department of Defense and U.S. Northern Command standing joint

military headquarters in the National Capital Region. We are

charged with important missions in the areas of homeland defense

and defense support to civil authorities. The Military District of

Washington is the Army component of this headquarters, along

with the counterpart commands from the Air Force, Admiral

McKnight’s naval district and the Marine Corps.

As part of the broad community of local, State and Federal nongovernmental emergency management professionals in the region,

we would be a vital component of any response to a man-made incident or natural catastrophe here in the greater Washington area.

Within this context, I’d like to highlight the training and emerging

technologies used to secure your military installations, our current

security coordination efforts and the security posture at our regional military bases.

The complex task of deterring enemies, defeating attacks, ensuring continuity of government and military operations as well as

mitigating the effects of natural or man-made catastrophes cannot

be done by the Army alone, by the military alone or even by the

government alone. In my view, it’s all about unity of effort at the

local, Federal, State, civil and military levels.

In the past year, we’ve made great strides in aligning our service

command partners, the Military District, Naval District, Air Force

District of Washington, the Marine Corps National Capital Region

Command and Coast Guard District 5. With their full participation

and in consultation with our many interagency partners, the State

National Guards, NORTHCOM, we have mapped out a direction

that increases our value within the emergency management community of the region.

JFHQ-NCR’s daily interaction with Federal, State and local

agencies, nongovernmental organizations, numerous jurisdictions

and even the private sector enables the command to execute missions seamlessly when needed.

We have established a strong working relationship with all law

enforcement organizations, including active participation in the

Metro Washington Council of Government Police Chiefs Committee. We communicate daily with a host of law enforcement agencies

and first responders, and through our Joint Operation Center at

Fort McNair we share valuable information needed to maintain regional situational awareness and conduct planning. We are ready

and able to provide trained military police, military working dogs

and other equipment when directed to do so in support of civil authorities and have done so on numerous occasions.

21

This day-to-day relationship building provides the command with

timely and relevant information critical to our mission of being the

eyes and ears of DOD and NORTHCOM in and around the Nation’s Capital. As a result, the command maintains constant awareness of the likely needs of our civil agency partners in a potential

crisis or emergency.

Anticipation of local and State requirements are one of the key

lessons learned from last year’s Hurricane Katrina response. These

lessons have also been applied to our critical role in supporting the

frequent national special security events [NSSEs], that occur in the

NCR. For example, during January’s Presidential State of the

Union Address, we provided over 2,000 military personnel from all

of the armed services and a host of military capabilities to the U.S.

Secret Service in its role as the principal Federal agency.

Likewise, our participation in exercises, training events and conferences with the Metro Washington Council of Governments, the

regional congressional delegation, the Joint Federal Committee and

the DHS Office of National Capital Region Coordination has

furthered the kind of understanding, trust and personal relationships that will pay off in a crisis.

In fact, one of our most successful strategic initiatives has been

assisting the region with the integration of training and exercises.

For example, we saw an opportunity to apply our inherent experience with multi-echelon military training exercises to help coordinate training across the region.

By teaming with DHS and the COG, we’ve developed an organization and process to synchronize regional training and exercises

now known as the NCR Training and Exercise Consortium.

Last year, during Exercise Capital Shield, we partnered with

local, Federal and State teammates to rehearse homeland defense

functions and procedures in a scenario that included a number of

Virginia, Maryland and D.C. jurisdictions and agencies. Using live

and virtual training techniques, immediate response, Incident

Command and Unified Command procedures were exercised. Agency capabilities were integrated and communications interoperablity

were streamlined. We will do all this again in December.

We are intent on improving information sharing and have developed a customer-focused approach through our command and control architecture. We recently activated a virtual private network

linked to USNORTHCOM and have built associated portal tools.

We have improved our land mobile radio posture that Admiral

McKnight discussed earlier and continue to improve our already

solid communications interoperatability with local and State and

Federal first responders. The successful fusion and exchange of

mission-critical information enables us to know what’s going on

and what’s needed to get the job done.

Our world-class Operations Center enables the command to stay

fully abreast of day-to-day activities of city, State, county and Federal agencies across the region, using a variety of DOD, local and

civil communications means.

As the Commanding General of the Military District of Washington, I also serve as the Senior Commander for Fort Hamilton, Fort

Meade in Maryland, Fort Myer, Fort McNair here in the District,

Fort Belvoir and Fort A.P. Hill. Providing day-to-day installation

22

management on these bases is a big part of the job but so is safeguarding them so they can be used in a response platform in the

need of an emergency. Therefore, anti-terrorism force protection of

all of our bases is imperative, and currently the Department of the

Army and the Department of Defense provide adequate resources

to ensure the safety and security of our installations.

In summary, the Soldiers, Sailors, Airmen, Marines, National

Guardsmen and civilians of this command represent an energetic

and forward-looking joint and interagency and local team player focused on safeguarding the National Capital Region. We’ll be ready

to respond in case of an emergency, and I want to thank the members of the committee and the Congress in general for the support

you continue to give all of our warriors. Thank you.

Chairman TOM DAVIS. General, thank you.

[The prepared statement of General Swan follows:]

23

24

25

26

27

28

29

30

31

Chairman TOM DAVIS. Mr. Trindal, thank you for being with us.

STATEMENT OF JOSEPH W. TRINDAL

Mr. TRINDAL. Good morning, Mr. Chairman, distinguished members of the Committee on Government Reform. Thank you for inviting the Department of Homeland Security Immigration and Customs Enforcement Federal Protective Service for the National Capital Region to appear before you today to describe the state of our

coordination, training and equipment for protecting the Nation’s

Federal facilities.

I am Joseph Trindal, Regional Director for FPS in the NCR.

Under the Homeland Security Act of 2002, FPS within NCR is responsible for law enforcement operations and protective security

missions of about 750 Federal facilities providing workspace for approximately 309,000 Federal employees and contractors. All FPS

jurisdiction Federal facilities, employees and visitors are protected

and served through the judicious application of police patrol operations, physical security risk vulnerability analysis, intelligence

management, implementation of proactive countermeasures, criminal investigations, interagency emergency preparedness as well as

posting and performance monitoring of contract guard forces.

Our current FPS/NCR staffing of full-time equivalent on-board

positions is 229 sworn and support employees. The FPS law enforcement operations and protective security missions are principally accomplished with 125 Federal police officers and inspectors. Also staffed from among these positions are certain specialty

disciplines which include K–9 explosive detection teams, HAZMAT

technicians, confined space tunnel operators and tactical emergency

medical technicians. Criminal investigations and intelligence management is handled by special agents. The mission support work

force is comprised of 36 positions and includes such functions as

budget, logistics, communications, small purchases, human resources, training and background/suitability clearances for contractors and the guard force. From among the 18 sworn command staff

officers, FPS maintains collateral liaison assignments with the

Metropolitan Council of Governments [COG], the DHS Office of

NCR Coordination, the FBI Joint Terrorism Task Force and the

Plans and Emergency Preparedness Coordinator.

The FPS also manages a contract guard pool of about 5,700

guards. FPS contract guard service requirements are developed

through FPS risk vulnerability assessments, coupled with tenant

agency requests and awarded by the FPS Consolidated Contracting

Group. Sworn FPS senior inspectors perform as certified contracting officer technical representatives in managing the guard force

contract compliance.

All entry-level police officers and sworn inspectors are required

to attend the 12-week uniformed training program, formerly called

the mixed police basic, administered by the DHS Federal Law Enforcement Training Center with FPS oversight by our National

Training Academy. FPS administers a 1-week pre-basic and 2-week

post-basic training for a total of 15 weeks of entry-level training.

This uniformed training program uses an in-depth curriculum, covering a broad range of police and general investigative skills and

provides the opportunity for trainees to develop valuable partnerVerDate 11-MAY-2000 14:51 Oct 13, 2006 Jkt 000000 PO 00000 Frm 00035 Fmt 6633 Sfmt 6633 D:\DOCS\29334.TXT HGOVREF1 PsN: HGOVREF1
32

ships with police officers from other Federal agencies, including the

U.S. Secret Service Uniformed Division, U.S. Capitol Police, Mint

Police, the Park Police and the Bureau of Land Management, to

name a few.

All entry-level special agents attend the 10-week mixed agency

criminal investigators training program also at FLETC.

FPS training does not end at FLETC. Annually, all officers,

sworn inspectors and special agents are required to successfully

complete 40 hours of in-service training which includes firearms

and other weapon re-qualification, legal updates, defensive tactics,

suicide/homicide bomber interdiction and incident command system, to name a few.

All firearms qualification is conducted quarterly. FPS officers assigned to work in the District of Columbia are required to successfully complete the D.C. Code enforcement training administered by

the U.S. Attorney’s Office. Our officers, sworn inspectors and special agents are also required to receive national in-service training

in FLETC every 5 years.

The NCR is the most jurisdictionally compressed FPS region in

the country. Furthermore, the NCR faces a significant risk from

terrorists and domestic criminal actors as well as an array of potential natural disasters. Nowhere else in our homeland is there

such compression of potential targets for terrorism coupled with

tremendous potential for broad destructive effect on local, State

and Federal Governmental services as well as the local population.

The situational conditions in the National Capital Region make

interagency collaboration and emergency preparedness especially

critical.

In strengthening the FPS’s posture as a contributor to the unified capabilities of NCR’s emergency services community, FPS/NCR

has sponsored three major computer simulation exercises involving

participation by the DCEMA, Metropolitan Police Department, D.C.

Fire and EMS, Secret Service, Park Police, the Washington Metro

Area Transit Authority Police, Prince George’s County Police, the

Prince George’s County Fire Department and General Services Administration, among others.

FPS/NCR participates in a wide arrange of interagency exercises

through our liaison with the DHS Office of National Capital Region

Coordination and the Council of Governments. Thus far this calendar year alone, we have participated in eight joint interagency

exercises, with another seven planned between July and September.

FPS utilizes a wide range of technology to carry out our mission.

Our explosive detection operation is a robust operation of K–9 and

technological assets. FPS/NCR screens trucks making deliveries to

certain high-risk Federal facilities and utilizing backscatter X-ray

technology in which we have conducted 19,000 screenings thus far

this year. Our Mobile Vehicle X-Ray operation is conducted jointly

with the D.C. National Guard. At many Federal facilities, FPS/

NCR contract guard forces conduct x-ray package of magnetometer

screening, which has resulted in 5,517 prohibited items interdicted

so far this year. At some high-risk locations, samples are being obtained from vehicles or carried items that are screened by explosive

trace detectors.

33

FPS regularly participates in mobile command vehicle

interoperatability exercises along with MPD, DCEMA, D.C. Fire

and EMS and a wide array of other Federal, State and local partners.

In order for our officers and inspectors and special agents to safely and effectively accomplish their mission, we place a priority in

obtaining the best quality equipment and training required to use

such equipment. Matters pertaining to firearms, ammunition, protective ballistic vests and less lethal weapons are governed by ICE

policy promulgated by the National Firearms Tactical Training

Unit. Our duty sidearm is a SIG model P–229 semi-automatic pistol chambered in the .357 caliber SIG. In addition to the issuance

of all uniform and duty accessory items, each officer, inspector and

special agent is issued a ballistic protective vest that meets or exceeds NFTTU standards for Level IIIA protective capability.

A number of challenges lay ahead for FPS and NCR. One of the

greatest challenges facing all emergency services agencies in our

region is communications interoperatability. FPS and a number of

our partners have the capability to overcome variations in radio

band and frequencies for pre-planned and critical incidents. These

systems work well and the quarterly exercise of our region’s emergency services community mobile command vehicles is a huge step

forward.

In the future, we look forward to continuing our liaison with Federal, State and local law enforcement security and emergency planning entities to strengthen our collective efforts in this area.

In closing, I would like to thank the members of the committee

for your support in our efforts. This concludes my prepared statement. I will be pleased to answer any questions you may have.

Thank you.

Chairman TOM DAVIS. Thank you very much.

Mr. Fogarty, thank you for being with us.

STATEMENT OF MICHAEL D. FOGARTY

Mr. FOGARTY. Good morning, Mr. Chairman, distinguished members of the committee. Thank you for the opportunity to appear before you at this oversight hearing regarding the policing of capital

sites. My written copy of this testimony has been submitted for the

record.

The U.S. Park Police has provided law enforcement services on

the public lands of our Nation’s Capital for over 200 years. Currently, there are 605 sworn members in the U.S. Park Police who

serve in our Nation’s Capital, the Golden Gate National Recreation

Area, the Presidio in San Francisco, the Statue of Liberty and

Gateway National Recreation Area in New York City. In the Washington metropolitan area, the force patrols over 24,000 acres of

urban parklands, including the Washington Monument, Lincoln

and Jefferson Memorials, Lafayette Park, the Ellipse and the National Mall from the Capitol Reflecting Pool to the Potomac River.

In addition, we patrol over 70 miles of Federal parkways leading

into and through our Nation’s Capital, including Baltimore/Washington, Clara Barton, George Washington, Rock Creek and

Suitland Parkways.

34

As a full-service police department, the force is responsible for

anti-terrorism patrols, prevention and detection crimes ranging

from homicide to drunk driving, quality-of-life crimes and the performance of other law enforcement and visitor services. Our criminal investigators and detectives have done an outstanding job in

successfully closing down crimes which occur on Federal parklands

and occasionally in other areas. For example, 3 weeks ago we provided valuable assistance in the recovery of the Veterans’ Administration laptop computer that contained the personal data of millions of U.S. military veterans.

The U.S. Park Police is well known for its work at high-profile

special events. These events include major protests and demonstrations, large events like the Fourth of July celebration and one-time

events such as the dedication of the World War II Memorial. Most

of these events are very orderly and easily policed. Others, due to

their sheer size, present significant logistical challenges; and others

result in a significant number of arrests. The force coordinates with

and requests assistance from other agencies for management of

these large events. Without the assistance from these other agencies, we could not maintain as safe an environment for the public

as we currently provide.

Our officers attend the Federal Law Enforcement Training Center, have done so since its founding in 1974. Our new officers attend basic police school for 23 weeks, receive 5 additional weeks of

training in Washington, DC, followed by 12 weeks of field training

instruction, for a total of approximately 10 months of training prior

to performing independent patrols.

Within the Metropolitan Washington area, all force operational

commanders meet at least three times a week to discuss emerging

crime patterns, potential terrorist threats and special events. The

force weekly coordinates with park superintendents and makes recommendations for additional security measures. In the downtown

area, additional security enhancements reflect the need to provide

increased protection for the historical features of our monuments

and memorials as well as the safety of the visitors, while still

maintaining an open and inviting atmosphere to the public.

We have sworn members deployed to serve with the Joint Terrorism Task Force, the Department of Homeland Security’s National

Operations Center, and during large special events or emergencies,

we participate in joint operation centers. Our officials routinely

meet with representatives of the U.S. Attorney’s Office and other

law enforcement agencies to coordinate operations and disseminate

information of mutual concern.

Our closed circuit television system consists of cameras at key locations around the monuments and memorials, allowing us to rapidly and accurately dispatch officers to emergencies and to review

reports of suspicious activity from a distance. We enhance visitor

safety both the Lincoln Memorial and the Washington Monument

through the use of technology and the construction of new vehicle

barriers.

It is always a challenge to provide open access to our icons in

public spaces while maintaining a secure environment. For years,

the force has deployed significant resources in the fight against terrorism. After September 11, 2001, the force underwent a significant

35

redeployment of sworn officers to augment icon protection and

other anti-terrorism security needs. In order to use the public

funds as efficiently as possible, the force has incorporated the use

of security guards at the icons in Washington, DC, and at the Statue of Liberty to augment our police personnel performing non-law

enforcement security functions.

We recognize that a visible presence by the force is required to

ensure an appropriate level of safety and security on the National

Mall and other park areas. The President’s budget for fiscal year

2007 requests additional funds to bolster the presence of the force

on the National Mall to reflect this increased need for patrols.

These additional officers, if approved, will increase the likelihood of

intercepting potential terrorists and other threats and crimes

aimed at the icons and the visitors to them. In spite of the redeployment, reprioritization and other actions resulting from the

events of September 11th, we continue to perform our responsibilities and duties to accomplish our primary missions as safely and

effectively as possible.

Mr. Chairman, thank you for the opportunity to comment. This

concludes my prepared remarks.

Chairman TOM DAVIS. Thank you very much.

[The prepared statement of Mr. Fogarty follows:]

36

37

38

39

40

41

42

Chairman TOM DAVIS. I would ask unanimous consent that a letter from Chief Ramsey, the chief of the Metropolitan Police Department, be placed in the record.

[The prepared statement of Chief Ramsey follows:]

43

44

45

46

Chairman TOM DAVIS. Coordination has become all the more important now that the Metropolitan Police Chief has declared this

crime emergency in the city as a result of the sudden increase of

serious crimes after we’d seen a steady reduction of crime rates

over the past few years. Have all of you had a chance to talk and

coordinate with the Chief since he’s declared this crime emergency,

just each of you for the record? Admiral McKnight.

Admiral MCKNIGHT. No, sir. I have not personally, but we’re always working with the Metropolitan Police Department.

Chairman TOM DAVIS. OK.

General SWAN. Sir, the same here. I haven’t talked to Chief

Ramsey personally on this, but we’re in day-to-day contact with

MPD.

Mr. TRINDAL. We’re working very closely with Commander

Groom of the first district in dealing with this particular issue and

focusing our patrol areas along the Constitution Avenue and the

Federal triangle and Foggy Bottom areas in concert with MPD.

Mr. FOGARTY. Chief Bedford has met with and spoken with Chief

Ramsey, and we do continue our daily cooperation with the Metropolitan Police Department.

Chairman TOM DAVIS. Mr. Fogarty, you don’t have a specific

agreement, do you, under the National Capital Revitalization SelfGovernment Improvement Act?

Mr. FOGARTY. No, sir, we do not. And the reason for that is that,

since 1882, we have had the same police authority in the District

of Columbia as the Metropolitan Police Department.

Chairman TOM DAVIS. So you overlap anyway so you don’t need

separate——

Mr. FOGARTY. That’s right.

Chairman TOM DAVIS. In the Chief’s testimony, he praises the

level of cooperation we’ve seen on that. I guess what I would ask,

you really have two different law enforcement functions, you have

street crime and combating terrorism. They are different functions.

So we’re talking about coordinating in two different areas and protecting Federal facilities and non-Federal areas. Does your agency

consider it has primary responsibility for either type of law enforcement outside the territories where we have primary jurisdiction?

Mr. FOGARTY. No, sir. Our primary responsibility is within the

National Park Service lands. If we’re talking in the District of Columbia, we certainly support with and work with the other agencies, and clearly our officers make arrests on city streets when it

is appropriate. We do not routinely exceed our areas of patrol other

than by request.

Chairman TOM DAVIS. You do have specific areas?

Mr. FOGARTY. Yes, sir. But our beats are very large. We have approximately 700 reservations in the city. We have our police officers who are patrolling constantly. They are out on city streets.

There are many opportunities for them to take action, and they do

so when warranted.

Chairman TOM DAVIS. I think you note in your testimony there

are 605 sworn officers.

Mr. FOGARTY. Yes, sir.

Chairman TOM DAVIS. The former Chief Chambers estimates

that the Park Police force for the entire area is smaller than the

47

400 officers that she had in 2003. Has the number of officers decreased?

Mr. FOGARTY. No, sir. There may be confusion; 400 may have

been the number in the D.C. area.

Chairman TOM DAVIS. OK.

Mr. FOGARTY. And that’s relatively stable.

Chairman TOM DAVIS. All right. So you have 605 sworn. That’s

throughout the country?

Mr. FOGARTY. Yes, sir. That includes New York and San Francisco.

Chairman TOM DAVIS. So there’s been no marked decrease that

you are aware of?

Mr. FOGARTY. There is a slight reduction.

Chairman TOM DAVIS. Is that budgetary or is that just caused

by other——

Mr. FOGARTY. Right now, sir, we’re at 605. Last year at this time

we were at 621, but if you had gone 2 weeks earlier, we were at

604. It’s a matter of which date you pick the numbers from.

Chairman TOM DAVIS. OK. Obviously, you have attrition and you

are filling and everything else. So, OK, what is your buildup level

that you are allowed to get—do you have a number that you are

allowed to get to if everybody’s full?

Mr. FOGARTY. The number in the President’s budget we’re trying

to get to is 639.

Chairman TOM DAVIS. OK, let me ask all of you this, I know that

in Fairfax County we go through—we recruit officers—most of our

officers have college degrees. We go through training and sometimes they’ll go work for the Federal Government afterwards. Do

you get a lot of cross-recruiting from local governments where

somebody else can pay the training costs and you can get them and

vice versa? Is it a competitive environment to get good officers?

Mr. FOGARTY. Yes, sir. Very competitive.

Admiral MCKNIGHT. Yes, sir. It is very competitive. It’s very

hard to maintain and retain the officers. We are continually hiring,

but it’s a very competitive——

Chairman TOM DAVIS. Where would you lose your people to? You

train them. You get them up. If they leave your service, where

would they be likely to go?

Admiral MCKNIGHT. They would like to go upward to the Metropolitan Police, to the Parks Service and things like that. They just

like to take a step farther up.

Chairman TOM DAVIS. And once you’ve locked them in for a few

years, you get them into the system, but it’s the young officers who

generally leave, isn’t it?

Admiral MCKNIGHT. Yes, sir. That’s correct.

General SWAN. Same for us, sir.

Chairman TOM DAVIS. How about Mr. Trindal?

Mr. TRINDAL. Yes, sir. It is very competitive. We strive to maintain a solid work force through our training, through the challenges

that we provide for our officers. But in this area in particular

there’s an awful lot of opportunities for those officers to look elsewhere.

Chairman TOM DAVIS. And how’s the interoperatability and the

communications between the Metropolitan Police Department and

48

all of your agencies? You are on different frequencies. You can

get—how’s that work if there’s an incident in the area? For example, you’re close by. You have manpower there. How quick is it to

call—you know, start——

Admiral MCKNIGHT. Sir, as I addressed earlier, we are just a little step behind. We’re going to the new radio system. We have

some sites that are manned up. So, right now, it would have to be

through the standard process. An officer would notify that there’s

an incident, and we would have to either phone—but our radio system’s just a little bit behind. We don’t have a frequency that we

can talk.

Chairman TOM DAVIS. Let me just add, the area down by where

the Navy Yard is, for example——

Admiral MCKNIGHT. Yes, sir.

Chairman TOM DAVIS [continuing]. Is rapidly changing.

Admiral MCKNIGHT. Yes, sir.

Chairman TOM DAVIS. Getting more intensity. They have a stadium down there. Your role in working with the Police Department

then is changing as a result of that?

Admiral MCKNIGHT. Sir, my jurisdiction is just with inside the

fence lines of the Naval District Washington, especially down on

Maine Street and M Street right there. But when we bring on the

new radio system, we’ll be able to coordinate better with the Metropolitan Police Department.

Chairman TOM DAVIS. OK.

General SWAN. Yes, sir. And the system that Admiral McKnight

is talking about is a Department of Defense system, so that’s already been fielded in the Army component here. The Air Force and

the Navy are coming on later this year. It gives us—this is a postSeptember 11th radio system that allows us to talk to civil agencies

at all levels, fire protection agencies as well as law enforcement,

but at the Command Center level—there is a great deal of

interoperatability at the Command Center level that we pride ourselves on.

Chairman TOM DAVIS. Yeah. Key is to make sure, if you have officers in the area, you have assets in the area, that they can be redeployed in an emergency.

General SWAN. Yes, sir.

Chairman TOM DAVIS. OK. Mr. Trindal.

Mr. TRINDAL. Our central dispatch is at the Suitland megacenter,

and presently we would communicate with MPD via telephone at

this point in time. However, under critical incidents or preplanned

incidents, we do have capability of cross-talking with them, using

their equipment as well as other Federal, State and local agencies

in the National Capital Region and our equipment cross-channeling

with them.

Chairman TOM DAVIS. Thank you. Mr. Fogarty.

Mr. FOGARTY. Yes, sir. With the Metropolitan, our best is still

the old standby civil defense line. We do use that routinely.

As far as our patrol supervisors also do have Metropolitan Police

portable radios with them, and if there is an emergency they can

switch over. Normally, we would prefer going through our dispatch

to their dispatch because that way everyone is aware and not just

one or two people.

49

Chairman TOM DAVIS. Thank you.

Ms. Norton.

Ms. NORTON. Thank you very much, Mr. Chairman.

Could I ask first Assistant Chief Fogarty, are Park Police who

have been pulled from other areas still working, some of them, on

12-hour days?

Mr. FOGARTY. Yes, ma’am. Our central district is on a 12-hour

shift. That’s their normal routine patrol. It is not an overtime function.

Ms. NORTON. Oh, they are always—the people on patrol are always there for 12 hours?

Mr. FOGARTY. Yes, ma’am. That’s their regularly scheduled patrol function. It’s been that way for some time. Twelve-hour shifts

are your most efficient man power usage. They’re not necessarily

the most effective but they’re the most efficient.

Ms. NORTON. Let me understand this. When you say a 12-hour

shift, do you mean that an officer is standing or patrolling for 12

hours? Or do you mean that he is doing Park Service, Park Police

work in some fashion for 12 hours?

Mr. FOGARTY. They are assigned to the patrol function for the 12

hours, which includes work all the time. But most of the time they

will be out on the street or, if they make an arrest, they will be

back processing.

Ms. NORTON. How does that compare with police in the other

forces? Are you on 12-hour days?

General SWAN. We’re on 8-hour inside our Army installations.

Ms. NORTON. How about you, Mr. Trindal?

Mr. TRINDAL. We’re also on 8-hour shifts.

Ms. NORTON. So you are telling me on a 90-degree day that your

officers, for example, who are assigned to the Lincoln Memorial are

there for 12 hours?

Ms. NORTON. Yes, ma’am.

Mr. FOGARTY. Yes, ma’am.

Ms. NORTON. Why is that—since you tell me that is normal, the

normal case, why is that the most efficient way?

Mr. FOGARTY. As far as when you look at the actual scheduling

of personnel, when you do it on the 12-hour shifts you actually can

deploy more personnel than you can through any of the other

shifts.

Ms. NORTON. So it has to do with the numbers that need to be

deployed. That’s how you are getting the numbers.

Mr. FOGARTY. Yes, ma’am. And others—some of our other districts are on 8-hour shifts. It depends on the district.

Ms. NORTON. In the region and in the city, they’re on 12-hour

days or is it only in the city?

Mr. FOGARTY. It’s only in our central district. For instance, our

Rock Creek District, which is also in the District, is on an 8-hour

shift.

Ms. NORTON. So it is only in this area, the Mall area, that we

have 12-hour shifts?

Mr. FOGARTY. Yes, ma’am.

Ms. NORTON. And that is in the coldest of winter and in the hottest of summer, people are on 12-hour shifts?

Mr. FOGARTY. Yes, ma’am.

50

Ms. NORTON. And you think that has largely to do with the numbers, need for—you can maximize your numbers that way?

Mr. FOGARTY. It’s effective; and the officers, from what I have

been told, like the 12-hour shifts.

Ms. NORTON. Twelve-hour shifts without overtime pay?

Mr. FOGARTY. That’s correct.

Ms. NORTON. And they like that?

Mr. FOGARTY. Yes, ma’am.

Ms. NORTON. And why do they like that?

Mr. FOGARTY. I can’t say for sure, but I think it has to do with

the fact they have more days off at the end of the week.

Ms. NORTON. All right. You should say that. Because, otherwise,

it’s very hard to understand. It’s pretty hard to understand.

Mr. FOGARTY. It gives them more actual time at home than they

would have on the 8-hour shifts because the commuting time is cut

down.

Ms. NORTON. All right. Thank you.

You patrol the entire region. Your officers—I’m sorry—Mr.

Fogarty, patrol the entire region, isn’t that so?

Mr. FOGARTY. Yes, ma’am. That’s correct.

Ms. NORTON. Would you name some of the parks, larger parks

in Maryland and Virginia, for example—we know the ones in

D.C.—that you’re responsible for, some of the larger ones?

Mr. FOGARTY. Greenbelt Park; Fort Washington Park; Fort Hunt;

Great Falls, VA; Great Falls, MD; Wolftrap; plus all the park—all

the areas along the parkways.

Chairman TOM DAVIS. They can give tickets along the parkway,

isn’t that right?

Mr. FOGARTY. Yes, sir.

Chairman TOM DAVIS. I don’t know that from personal experience, but some of my staff know it.

Ms. NORTON. How have you—do you still have a uniform presence in the Mall now until midnight when the area closes?

Mr. FOGARTY. Yes, ma’am. The Mall area is patrolled 12 hours

a day.

Ms. NORTON. I didn’t ask you that. I asked you was there uniform presence down there all evening?

Mr. FOGARTY. Yes, ma’am.

Ms. NORTON. All right. Many of those officers are borrowed from

other parks, is that not the case?

Mr. FOGARTY. Some of the officers have been redeployed. A lot

of those are from the motorcycle unit, or our special forces branch,

if they’re not otherwise assigned, they would be reassigned to the

Mall. Some of it has been done through the use of overtime.

Ms. NORTON. When I visited the Mall and talked with some of

your officers, I asked them where they came from and they named

some of the parks. Among them was Anacostia Park, for example.

I appreciated that he was there, but it did seem to me that was

a classic case of borrowing from Peter to pay Paul except that Peter

has more crime than Paul does.

I’m not blaming that on you, sir, but let me ask you, when is the

last time you have had an increase in the actual number of officers?

51

Mr. FOGARTY. We have been relatively stable for the last, I would

say at least the last 5 years.

Ms. NORTON. How many miles are you responsible for in the National Capital Region?

Mr. FOGARTY. I’m sorry, how many?

Ms. NORTON. Acres; I’m sorry.

Mr. FOGARTY. I believe it was 24,000.

Ms. NORTON. I have understood that a class for new park police

officers was recently canceled. Is that the case?

Mr. FOGARTY. Yes, ma’am.

Ms. NORTON. Why was that the case?

Mr. FOGARTY. There was just a funding issue. At the end of the

year we had hoped to have enough funding to staff it, and we did

not.

Ms. NORTON. You had some increase in funding, isn’t it true?

Mr. FOGARTY. This year it was a $100,000 increase over the year

before.

Ms. NORTON. When is the last time you had a significant increase in funding, Mr. Fogarty?

Mr. FOGARTY. 2002.

Ms. NORTON. When?

Mr. FOGARTY. 2002.

Ms. NORTON. Mr. Fogarty, I don’t see how you can continue to

operate by borrowing personnel if your last increase was 2002. How

much an increase in officers was that?

Mr. FOGARTY. The actual number of increase in officers was not

significant. It allowed us to catch up where we had been a shortfall

in our equipment and supplies and where we had been basically

borrowing from Peter to pay Paul at that point.

With the cost of living increases, things like that, even if the

budget goes up, it does not necessarily translate into an increase

in personnel.

Ms. NORTON. So in terms of personnel, you have been stable even

when you have had an increase in funding.

Mr. FOGARTY. We had a slight increase at that point, which

we’ve been trying to maintain since then. The 2007 budget is a request for an actual real increase in personnel.

Ms. NORTON. But that’s not through yet?

Mr. FOGARTY. It’s been through the House and in the Senate

committee, but it has not been passed yet.

Ms. NORTON. What kind of increase in the House did you get?

Mr. FOGARTY. The amount was exactly the same. It was a total

of a $4.5 million increase, which came out to approximately $2.8

million that actually would have been used for personnel. The rest

would have been basically cost of living adjustments.

Ms. NORTON. The Senate has not acted yet on that amount, but

the House has allowed that amount?

Mr. FOGARTY. Yes, ma’am. The House has and the Senate committee has also approved that level.

Ms. NORTON. Now if in fact that passes and you said $2 million

or so can be used for personnel, how many new officers, approximately?

52

Mr. FOGARTY. The goal is to get up to 639 sworn officers by the

end of fiscal year 2008, and again that’s the problem with attrition.

The training sites——

Ms. NORTON. From 6—to 639 by the end of 2008?

Mr. FOGARTY. Yes, ma’am. Actually, functional police officers.

Part of that is the training cycle, and we hire them, they are on

paper but they’re really of no value to us at this point.

Ms. NORTON. Would they all be used here in this region, the National Capital?

Mr. FOGARTY. The vast majority would be assigned here to the

Washington Metropolitan Area.

Ms. NORTON. When the first set of assaults occurred on the Mall

there was an immediate response. I was very grateful for it, actually. Mr. Fogarty, I’m very familiar with the Park Police. You have

worked on some of our really high crime areas because so many

parks abut those areas and you are known as crackerjack cops who

understand real criminals and have partnered with the D.C. Police

to crack important cases, cases that the press writes about, drug

busts and very violent criminals and the like. So I’m aware of your

work.

I am very concerned though about what I saw on the Mall. You

indeed had reinforcements right after the first muggings. When the

second set of muggings occurred, there had been about five police

in that entire area. It was hard for me to be critical of it.

It seemed to me that you have no sustained capacity to continue

to borrow police from Maryland, Virginia and the District without

putting areas that have greater crime rates than the Mall at risk.

Is that not the case?

Mr. FOGARTY. Part of police work is always trying to get ahead

of the criminals and deploy your personnel appropriately. This year

our crime rate actually, our violent crime rate actually is down

from last year. We’ve had high profiles crimes on the Mall and we

have redeployed to try to end that problem.

Ms. NORTON. My question, and I will pass on to my good friend

in a moment, but my question really goes to what happens after

there are assaults like this. You see how embolden these people

have become. The reason we are so concerned is not only have they

assaulted visitors who have always regarded the Mall as what it

has always been, crime free. We regard this as an assault on our

economy because those are people that come to visit, and in visiting

they are a major support for our economy.

When—the reason I asked for, and I was very grateful for the

uniform presence after the muggings in May, was because it is very

hard to do what you just said, act ahead of time. Indeed, the Chief

told me about undercover people that he was going to have. I said

that’s fine, it’s very important, but if we want to prevent crime we

not only need undercover people, we need uniform people who essentially send their own message, don’t even try. It is the message

they send.

Clearly you were so hard-pressed that the uniform presence that

might have deterred these July assaults was not possible to sustain. Is that not the case?

Mr. FOGARTY. We increased our coverage after the May assaults

and then obviously after the July assaults we increased it again.

53

Ms. NORTON. And of course it retrenched after the May assaults.

Mr. FOGARTY. It had not reduced it from what we had actually

assigned, but what we had done is the officers who were asked to

go through on routine patrols, some of them were obviously redeployed to other areas or other assignments on a day-to-day basis.

We did have an increase in the sustained increase in the number

of officers assigned to the Mall area.

Ms. NORTON. Five officers is what the chief told me in that area.

I’m very concerned about that, and I’m going to pass on now to Ms.

Watson.

Ms. WATSON. Thank you so much. As I listen to all of you, we’ve

got to focus in on Mr. Fogarty because I think that the problems

that have been identified are occurring within the Park Service’s

jurisdiction. And listening very intently, it seems that you have a

shortage of resources, is that true? I know you said you are increasing from 605 to 639 but it has not happened.

Mr. FOGARTY. It’s been requested.

Ms. WATSON. And then I’m reading in our analysis that equipment is old, that it doesn’t work in certain urban areas, and probably that you’re short of the effective tools to do the job. Is that correct?

Mr. FOGARTY. There’s some highlights in that. For instance, our

radio system which is from the 1970’s, it is in the process both here

and New York of replacing the entire system. That is actually a

joint operation with other Federal agencies, which will improve our

interoperability and also our area of coverage.

Ms. WATSON. Now is there a dedicated line—this is to all the witnesses—that would go across—there are 51 services that provide

protection, supposedly. Is there a dedicated line, a band that all of

you could use to communicate? Does it work?

General SWAN. There is an established 800-megahertz standard

that the Department of Homeland Security has established that all

first responders are capable or should be capable of operating on.

We’re pretty good on that in the NCR, at least from the military

perspective.

Ms. WATSON. Apparently it is not working as effectively as it

should because when we talk about homeland security, if we cannot secure the Nation’s Capital, the streets of the capital, we can’t

secure this country.

I was appalled by the kinds of rash of crimes on the streets that

were taking place, these foraging street gangs, these foraging thugs

that are moving freely it appears through our streets, attacking

people on the streets, killing some. I don’t know how that happens.

And I hear from you, Mr. Fogarty, that your staff works 12 hours

a day and then they have a day when they probably are in court,

and that doesn’t give them the kind of time to do the job effectively.

I think what we need is an appearance of law enforcement. You

know, I’m from Los Angeles and our colors are black and white, but

when you park a black and white on a main street, that’s a signal

and that’s a message there’s somebody around here that is going

to provide and enforce the law, so maybe I better not knock this

store off or mug this person.

And so I mentioned in my opening statement that we really need

an assessment, because I hear three things; I hear that you really

54

are under equipped, I hear that you don’t have the personnel to

stretch across all of these venues, and I hear there are plans for

the future and it’s all based on the budget.

So we here in the Congress have a job to do, and while we’re

pumping billions of dollars in countries 10,000 miles and more

away, if we really are serious about securing our land, Mr. Chairman, we’re going to have to look internally.

If we cannot protect our citizens, our visitors when they come to

the Nation’s Capital, then how can we protect our country. It’s just

verbiage.

So I am so pleased that you’re here. Don’t be restrained. We are

friendly. Eleanor Holmes Norton is the best mouthpiece that you

have. Our Chair is the best mouthpiece you have. The other member from Maryland will speak up for you, but you have to come and

let us know.

So we’re gleaning from your remarks what the story has to be,

Eleanor. During our budget discussions we must put the resources

in so you can do what you’re expected to do to protect our homeland and the people on it, be they Americans or visitors.

And so I want to thank you, and know, I want you to know that

we’re going to be supporting what you do because it’s an embarrassment. Not only is it an embarrassment, it’s tragic to know that

people come here to see our historic sites and they’re in jeopardy.

That doesn’t make sense.

So we should have learned from September 11th, and we need

to look internally and fix these problems.

So with that I’m going to say thank you, Mr. Chairman, and I

hope that we as a committee can make some strong recommendations in this regard.

Chairman Tom DAVIS. Thank you very much.

Ms. Norton, I think you have just one or two more questions.

Ms. NORTON. That’s all I had, Mr. Chairman.

I had not asked the other police forces, and actually it’s you who

stimulated me to want this hearing. You are among the Army and

Navy police. First, let me ascertain, hired by—you notice that the

Federal Protective Service is a centralized service and you come

onto the Federal Protective Services and I take it get assigned to

agencies, is that right, sir? Mr. Trindal.

Mr. TRINDAL. Yes, ma’am. That’s correct.

Ms. NORTON. Do your police get hired by the Department of Defense?

General SWAN. Yes, ma’am. Our police are hired by our services;

our police are Department of the Army.

Ms. NORTON. So the Navy would hire and Army would hire?

General SWAN. But there are Department of Defense standards

that we all adhere to.

Ms. NORTON. Yes, but are your police trained alongside his police

the way the FPS police all train together?

General SWAN. They train to the same standards but in different

facilities.

Ms. NORTON. You in Army facilities and they in Navy facilities?

General SWAN. We use Fort Leonard Wood, MO, which is our

military police school, and Aberdeen Proving Ground in Maryland

is for our Department of the Army civilian police.

55

Ms. NORTON. Much that you described that you do under your

command, your description of what you do did not involve—did not

seem to involve the police. I understand what you do but I did not

hear from either of you how your civilian police either fit in or do

not fit into what you do under your command.

Admiral MCKNIGHT. Yes, ma’am. I, like General Swan, we’re

both military commanders and the police force fall under us to protect our installations and what is between our fence lines, and

that’s our base of where we train our people to protect, within our

fence lines.

General SWAN. If I could expand on that, the military police

forces of the Department of Defense are there, as Admiral

McKnight described, for security and law enforcement within our

DOD installations, enforcing DOD law on those military reservations.

Ms. NORTON. What is DOD law? If I steal something on a reservation.

General SWAN. The Uniform Code of Military Justice applies

inside——

Ms. NORTON. Many of these are civilian agencies. Like the Naval

Sea Systems Command has mostly civilians. So if somebody commits a felony in there, what happens?

General SWAN. There are other Federal laws that applies inside

DOD that are also enforced.

Ms. NORTON. Go ahead.

Admiral MCKNIGHT. Yes, ma’am. If there’s a crime inside the

Navy Sea Systems Command we would turn that over to the Navy

Criminal Investigative Service. The police force that we have is to

provide the perimeter security for our bases, not for crimes such as

anything that they would commit——

Ms. NORTON. So if there was an altercation or a criminal act,

now I’m dealing only within the facility, how would your police

force respond?

Admiral MCKNIGHT. They would respond as trained. They would

go to the scene and respond just like any officer who was trained

for those type——

Ms. NORTON. Could they make an arrest?

Admiral MCKNIGHT. Yes, ma’am, on our installations. They can

make arrests on our installations.

Ms. NORTON. Since it was an ordinary felony or misdemeanor

violation of the local jurisdiction, let’s say, how would that be processed and handled?

Admiral MCKNIGHT. If it was a military altercation, it would be

handled within the Uniform Code of Military Justice. If it’s a civilian infraction then it would be handled within the civilian corps.

Ms. NORTON. I understand that you are talking perhaps—you,

Admiral McKnight, are talking to the U.S. Attorney here.

Admiral MCKNIGHT. That’s correct, ma’am.

Ms. NORTON. Because you are among the agencies who have not

signed onto the Police Coordinating Act, which allows some patrol

around the perimeter. The whole purpose of passing this act by

Congress was to try to keep the crime from getting to a particular

facility. And I understand the difference between you and other

Federal police, but you are in conversations?

56

Admiral MCKNIGHT. Yes, ma’am. Last spring some of my lawyers

had a conversation with the U.S. Attorney’s Office and we’re awaiting for their interpretation.

Ms. NORTON. Thank you very much.

Chairman Tom DAVIS. I want to thank the Members for their

questions. I want to thank you for your testimony. It has been very

helpful to us. The hearing is adjourned.

[Whereupon, at 11:18 a.m., the committee was adjourned.]

[The prepared statement of Hon. C.A. Dutch Ruppersberger follows:]

57

58

59

60

Æ