DEPARTMENT OF TRANSPORTATION

UNITED STATES COAST GUARD

STATEMENT OF

CAPTAIN SCOTT HARTLEY

ON

FEDERAL, STATE AND LOCAL RESPONSE PREPAREDNESS TO BIOLOGICAL, CHEMICAL AND NUCLEAR INCIDENTS

BEFORE THE

SUBCOMMITTEE ON GOVERNMENT EFFICIENCY, FINANCIAL MANAGEMENT, AND INTERGOVERNMENTAL RELATIONS

U.S. HOUSE OF REPRESENTATIVES

JULY 1, 2002

Good afternoon, Mr. Chairman, and distinguished members of the Congress. I welcome the opportunity to appear before you today to address the topic of Federal, State and local preparedness and response to a biologic, chemical, and nuclear incident. My name is Captain Scott Hartley and I am the Commander of the Coast Guard National Strike Force. As the name implies, we are a national asset equipped and trained to conduct hazard assessment, source control, contamination reduction, release countermeasures, mitigation, decontamination, and response management activities, in support of a Federal On Scene Coordinator (FOSC), during oil and hazardous material releases occurring here in the United States.

The National Strike Force consists of three regionally based Strike Teams, the Atlantic Strike Team staged in Fort Dix, New Jersey; the Gulf Strike Team staged in Mobile, Alabama; and the Pacific Strike Team staged in Novato, California. Each of these teams of 37 Active Duty, 50 Reservists, and 1 Civilian are supported by the National Strike Force Coordination Center in Elizabeth City, North Carolina which also is home to the Preparedness for Response Exercise Program staff, the Public Information Assist Team, and the National Inventory of Oil Spill Response Resources. These teams are completely interoperable with each other and often augment each other’s responses and operational requirements. We are on call 24 hours a day, 7 days a week capable of deploying by land, sea, or air.

The National Strike Force is an integral part of the existing National Response System and is designated by law as one of the special teams in the National Contingency Plan. The National Response System is an extensive capability established in 1972 with the Clean Water Act legislation. Responsibilities and capabilities were significantly expanded in the 1980’s with the Superfund Amendments and Re-authorization Act (SARA) Title III legislation and the country’s increased desire for hazardous materials response capabilities. The National Response System is a network of numerous federal, state and local agencies, supported by 5 specialized teams including our Strike Force, and is responsible for planning for and responding to oil and hazardous substance releases, which includes chemical and biological incidents. The National Response System activates immediately upon notification of the National Response Center or any of the involved agencies.

A central figure in the National Response System is the FOSC. Under the National Contingency Plan, the FOSC leads local preparedness efforts in coordination with state and local agencies and private industry, and provides the federal lead during an actual response. With me today is Commander Mark Devries, Commanding Officer of Marine Safety Office Milwaukee and the pre-designated FOSC for the coastal regions of eastern Wisconsin. As FOSC, Commander Devries co-chairs the Eastern Wisconsin Area Committee along with the State of Wisconsin’s Emergency Management Director for the Southeastern Region. Through the Area Committee process, response protocols are developed, joint priorities are established and response resources identified through an interagency, collaborative process. These local preparedness efforts are captured in the Eastern Wisconsin Area Contingency Plan and serves as the central plan for responding to oil and hazardous materials in the region.

During an actual incident, Commander Devries, as FOSC, would establish a response organization, utilizing the Incident Command System (ICS), incorporating federal, state, local and private resources into single response structure. As part of a Unified Command, the Coast Guard FOSC works closely with local officials, such as the Fire Chief, and representatives from the State to aggressively respond to an incident. If necessary, the FOSC has access to the Oil Spill Liability Trust Fund, for oil spills, or the Superfund, for Hazardous Materials (HAZMAT) releases, to fund responses in any region of the country.

Beyond the local response community, Commander Devries as FOSC, also has access to Federal Resources such as the National Strike Force, Environmental Protection Agency’s (EPA) Emergency Response Team, Department of Energy’s Radiological Emergency Response Team, NOAA Scientific Support Coordinators, and DOD resources including the Navy’s Supervisor of Salvage to support a local response. For planning, coordination, and interoperability, he is supported by representatives of 16 federal agencies at the regional level by Regional Response Teams (RRTs) which in turn have a mirror organization for national coordination, planning, policies, and interagency coordination known as the National Response Team (NRT). The EPA is the Chair and the Coast Guard is the Vice-Chair of the NRT. All of these relationships, roles, capabilities, and responsibilities are extensively outlined in the National Contingency Plan.

If the Federal Response Plan is activated for an incident, the National Response System folds into Emergency Support Function #10 (Hazardous Materials) for further coordination of federal resources to assist the local municipalities and states. In addition, under activation of the Federal Response Plan, the Coast Guard also supports Emergency Support Function #1 (Transportation) as we did during the World Trade Center attack when we coordinated and evacuated over one million people from lower Manhattan following the collapse of the twin towers.

Because of the Coast Guard’s critical role in the coordination of local preparedness efforts, the local Coast Guard Captain of the Ports (COTPs) actively participate in training, exercises, and other interagency activities. In June 2000, the Coast Guard and Milwaukee County Emergency Management conducted a major weapon of mass destruction (WMD) maritime incident exercise. Additionally, as a member of the Military Sub-Committee of the Governor’s Task Force On Terrorism Preparedness, the local Coast Guard COTP and FOSC participate in exercises designed to examine the military sevices’ capability to integrate support operations. In May, the Sub-Committee held an exercise in conjunction with Wisconsin Emergency Management Agency’s weapons of mass destruction chemical release exercise in Madison, which included an extensive test of the area, local, and corresponding industry contingency plans. The Coast Guard COTPs regularly participate in the Nuclear Regulatory Commission’s exercises with the Kewaunee and Point Beach Nuclear Power Plants and the Coast Guard is part of Wisconsin Emergency Management Agency and power plant radiological incident response plans, and since September 11^th, security plans. Because of the key role and support to FOSCs during a major incident, the National Strike Force is often a participant in many of the local preparedness efforts and conducts training around the country. Through these types of exercises, the regional and local response communities including federal, state, county and local agencies continue to expand and enhance their overall response capabilities.

Looking to the future, the Coast Guard is leading a multi-agency review of the National Response System’s Special Teams to enhance their interoperability. The FBI Hazardous Material Response Unit (HMRU), Federal Emergency Management Agency (FEMA), Office of Homeland Security and Center for Disease Control have all accepted invitations to participate. This review will (1) assess the special teams’ individual and collective response assets and capabilities, (2) project the role the teams will play in future operations, and (3) identify gaps that may currently exist and a strategy for filling in those gaps.

As I’ve indicated, the National Response System is a valuable, time-tested response mechanism. All the authorities are pre-designated and pre-authorized, which is consistent with Presidential Decision Directives 39 and 62, which directed the federal government to use existing systems for WMD rather than creating new systems. Accordingly, the National Response System should be a key component of the new Department of Homeland Security’s Emergency Preparedness and Response Directorate.

The Coast Guard's multi-mission assets, military role as an Armed Service, and maritime presence and authorities bridge security, safety, and response capabilities between federal, state, local, and private organizations as well as other military services. We have been the leader for the non-DOD maritime security needs of our nation since 1790…it was the reason we were formed 212 years ago. We possess extensive regulatory and law enforcement authorities governing ships, boats, personnel, and associated activities in our ports, waterways, and offshore maritime regions. We are a military service with 7x24

command, communication, and response capability. We maintain, "at the ready", a network of coastal small boats, aircraft, and cutters, and expert personnel to prevent and respond to safety and security incidents; and we have geographic presence throughout the country, coasts, rivers, and lakes, both in large ports and small harbors. We are a formal member of the national foreign intelligence community. We partner with other government agencies (OGAs) and the private sector to multiply the effectiveness of our services. The Coast Guard is the recognized leader in the world regarding maritime safety, security, mobility, and environmental protection issues. These characteristics form the core of our organization and enable a unity of effort among diverse entities whether preventing or responding to incidents.

Mr. Chairman, it has been my distinct pleasure to provide this committee with information concerning the federal government’s capabilities working with state and local governments to prepare and respond to a biological or chemical attack. Commander Devries and I would be happy to answer any questions.