[House Report 112-522]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2nd Session 112-522
_______________________________________________________________________
Union Calendar No. 370
REPORT ON LEGISLATIVE AND OVERSIGHT
ACTIVITIES
of the
HOUSE COMMITTEE ON HOMELAND SECURITY
THIRD QUARTER
ONE HUNDRED TWELFTH CONGRESS
second session
(Pursuant to House Rule XI, 1(d))
June 12, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
LETTER OF TRANSMITTAL
----------
U.S. House of Representatives,
Committee on Homeland Security,
Washington, DC, June 12, 2012.
Hon. Karen L. Haas,
Clerk of the House of Representatives,
Washington, DC.
Dear Ms. Haas: Pursuant to clause 1(d)(1) of Rule XI and
Rule X of the Rules of the House of Representatives, attached
is a report of the legislative and oversight activities of the
Committee on Homeland Security for the Third Quarter of the
111th Congress.
Sincerely,
Peter T. King,
Chairman.
Union Calendar No. 370
112th Congress Report
HOUSE OF REPRESENTATIVES
2nd Session 112-522
======================================================================
LEGISLATIVE AND OVERSIGHT ACTIVITIES OF THE
COMMITTEE ON HOMELAND
SECURITY
112TH CONGRESS
THIRD QUARTER
_______
June 12, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King, from the Committee on Homeland Security, submitted the
following
R E P O R T
Overview
The Committee on Homeland Security met on January 26, 2011,
for an organizational meeting for the 112th Congress under the
direction of Chairman Peter T. King of New York. The Committee
Membership was set at 33 Members: With 19 Republicans and 14
Democrats.
The Committee established six Subcommittees: The
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies; the Subcommittee on Transportation
Security; the Subcommittee on Oversight, Investigations, and
Management; the Subcommittee on Emergency Preparedness,
Response, and Communications; the Subcommittee on Border and
Maritime Security; and the Subcommittee on Counterterrorism and
Intelligence.
CONTENTS
Page
Jurisdiction and Legislative History............................. 3
Membership and Organization...................................... 9
Full Committee................................................... 13
Legislative Activities....................................... 14
Oversight Activities......................................... 36
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies.......................................... 53
Legislative Activities....................................... 53
Oversight Activities......................................... 59
Subcommittee on Transportation Security.......................... 79
Legislative Activities....................................... 79
Oversight Activities......................................... 85
Subcommittee on Oversight, Investigations, and Management........ 95
Oversight Activities......................................... 95
Subcommittee on Emergency Preparedness, Response, and
Communications................................................. 111
Legislative Activities....................................... 111
Oversight Activities......................................... 116
Subcommittee on Border and Maritime Security..................... 139
Legislative Activities....................................... 139
Oversight Activities......................................... 148
Subcommittee on Counterterrorism and Intelligence................ 163
Legislative Activities....................................... 163
Oversight Activities......................................... 164
Committee Oversight Plan......................................... 175
Part A, Oversight Plan As Agreed to.......................... 175
Part B, Implementation of the Oversight Plan................. 189
Appendices
Appendix I--Committee Rules.................................. 215
Appendix II--Membership Changes to the Committee............. 229
Jurisdiction and Legislative History
A provision for the establishment of a Committee on
Homeland Security was included in H. Res. 5, the Rules of the
House of Representatives for the 112th Congress, agreed to on
January 5, 2011. The jurisdiction of the Committee is as
follows:
HOUSE RULE X
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
(I) Committee on Homeland Security
(1) Overall homeland security policy.
(2) Organization and administration of the Department
of Homeland Security.
(3) Functions of the Department of Homeland Security
relating to the following:
(A) Border and port security (except
immigration policy and non-border enforcement).
(B) Customs (except customs revenue).
(C) Integration, analysis, and dissemination
of homeland security information.
(D) Domestic preparedness for and collective
response to terrorism.
(E) Research and development.
(F) Transportation security.
* * * * *
General oversight responsibilities
2. (a) The various standing committees shall have general
oversight responsibilities as provided in paragraph (b) in
order to assist the House in
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration,
execution, and effectiveness of Federal laws;
and
(B) conditions and circumstances that may
indicate the necessity or desirability of
enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of
changes in Federal laws, and of such additional
legislation as may be necessary or appropriate.
(b)(1) In order to determine whether laws and programs
addressing subjects within the jurisdiction of a committee are
being implemented and carried out in accordance with the intent
of Congress and whether they should be continued, curtailed, or
eliminated, each standing committee (other than the Committee
on Appropriations) shall review and study on a continuing
basis--
(A) the application, administration, execution, and
effectiveness of laws and programs addressing subjects
within its jurisdiction;
(B) the organization and operation of Federal
agencies and entities having responsibilities for the
administration and execution of laws and programs
addressing subjects within its jurisdiction;
(C) any conditions or circumstances that may indicate
the necessity or desirability of enacting new or
additional legislation addressing subjects within its
jurisdiction (whether or not a bill or resolution has
been introduced with respect thereto); and
(D) future research and forecasting on subjects
within its jurisdiction.
(2) Each committee to which subparagraph (1) applies having
more than 20 members shall establish an oversight subcommittee,
or require its subcommittees to conduct oversight in their
respective jurisdictions, to assist in carrying out its
responsibilities under this clause. The establishment of an
oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its
oversight responsibilities.
(c) Each standing committee shall review and study on a
continuing basis the impact or probable impact of tax policies
affecting subjects within its jurisdiction as described in
clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be submitted
simultaneously to the Committee on Government Reform and to the
Committee on House Administration. In developing its plan each
committee shall, to the maximum extent feasible--
(A) consult with other committees that have
jurisdiction over the same or related laws, programs,
or agencies within its jurisdiction with the objective
of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws,
programs, or agencies and include in its plan an
explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) review specific problems with Federal rules,
regulations, statutes, and court decisions that are
ambiguous, arbitrary, or nonsensical, or that impose
severe financial burdens on individuals;
(C) give priority consideration to including in its
plan the review of those laws, programs, or agencies
operating under permanent budget authority or permanent
statutory authority;
(D) have a view toward ensuring that all significant
laws, programs, or agencies within its jurisdiction are
subject to review every 10 years; and
(E) have a view toward insuring against duplication
of Federal programs.
(2) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the Majority
Leader, and the Minority Leader, the Committee on Government
Reform shall report to the House the oversight plans submitted
by committees together with any recommendations that it, or the
House leadership group described above, may make to ensure the
most effective coordination of oversight plans and otherwise to
achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose of
reviewing specific matters within the jurisdiction of two or
more standing committees.
Special oversight functions
3. (g)(1) The Committee on Homeland Security shall review
and study on a continuing basis all Government activities
relating to homeland security, (including the interaction of
all departments and agencies with the Department of Homeland
Security.
(2) In addition, the Committee shall review and study on
a primary and continuing basis all Government activities,
programs and organizations related to homeland security that
fall within its primary legislative jurisdiction.
----------
Legislative History To Accompany Changes to Rule X
(Congressional Record, January 4, 2005, Page H25)
Rule X and the Committee on Homeland Security
Legislative History
Overall homeland security policy--The jurisdiction of the
Committee on Homeland Security over ``overall homeland security
policy'' is to be interpreted on a government-wide or multi-
agency basis similar to the Committee on Government Reform's
jurisdiction over ``overall economy, efficiency, and management
of government operations and activities . . . .'' Surgical
addresses of homeland security policy in sundry areas of
jurisdiction occupied by other committees would not be referred
to the Committee on Homeland Security on the basis of
``overall'' homeland security policy jurisdiction.
For example, the Committee on Homeland Security shall have
jurisdiction over a bill coordinating the homeland security
efforts by all of the critical infrastructure protection
sectors. Jurisdiction over a bill addressing the protection of
a particular sector would lie with the committee otherwise
having jurisdiction over that sector.
Organization and administration of the Department of
Homeland Security--The jurisdiction of the Committee on
Homeland Security would apply only to organizational or
administrative aspects of the Department where another
committee's jurisdiction did not clearly apply. The Committee's
jurisdiction is to be confined to organizational and
administrative efforts and would not apply to programmatic
efforts within the Department of Homeland Security within the
jurisdiction of other committees.
Homeland Security Oversight--This would vest the Committee
on Homeland Security with oversight jurisdiction over the
homeland security community of the United States. Nothing in
this clause shall be construed as prohibiting or otherwise
restricting the authority of any other committee to study and
review homeland security activities to the extent that such
activity directly affects a matter otherwise within the
jurisdiction of that committee.
Individual Committee Concerns
Agriculture--The jurisdiction of the Committee on Homeland
Security over ``border and port security'' shall be limited to
agricultural importation and entry inspection activities of the
Department of Homeland Security under section 421 of the
Homeland Security Act of 2002. The Committee on Agriculture
shall retain jurisdiction over animal and plant disease policy
including the authority reserved to the Department of
Agriculture to regulate policy under section 421 of the
Homeland Security Act of 2002, and the Animal Health Protection
Act, the Plant Protection Act, the Plant Quarantine Act, and
the Agriculture Quarantine Inspection User Fee Account. The
Committee on Agriculture shall retain jurisdiction over the
agricultural research and diagnosis mission at the Plum Island
Animal Disease Center.
Armed Services--The Committee on Armed Services shall
retain jurisdiction over warfighting, the military defense of
the United States, and other military activities, including any
military response to terrorism, pursuant to section 876 of the
Homeland Security Act of 2002.
Energy and Commerce--The Committee on Homeland Security
shall have jurisdiction over measures that address the
Department of Homeland Security's activities for domestic
preparedness and collective response to terrorism. The words
``to terrorism'' require a direct relation to terrorism. The
Committee on Homeland Security's jurisdiction over ``collective
response to terrorism'' means that it shall receive referrals
of bills addressing the Department of Homeland Security's
responsibilities for, and assistance to, first responders as a
whole. The Committee on Energy and Commerce (and other relevant
committees) shall retain their jurisdiction over bills
addressing the separate entities that comprise the first
responders. For example, the Committee on Energy and Commerce
shall retain its jurisdiction over a bill directing the
Department of Health and Human Services to train emergency
medical personnel.
Financial Services--The Committee on Financial Services
shall retain jurisdiction over the National Flood Insurance
Program and Emergency Food and Shelter Program of FEMA, and the
Defense Production Act. The Committee on Financial Services
shall retain its jurisdiction over the anti-money laundering,
terrorist financing, and anti-counterfeiting activities within
the Department of the Treasury and the financial regulators.
Government Reform--The Committee on Homeland Security shall
have jurisdiction over ``the organization and administration of
the Department of Homeland Security.'' The Committee on
Government Reform shall retain jurisdiction over federal civil
service, the overall economy, efficiency, and management of
government operations and activities, including Federal
procurement, and federal paperwork reduction. The Committee on
Government Reform shall retain jurisdiction over government-
wide information management efforts including the Federal
Information Security Management Act. The Committee on Homeland
Security shall have jurisdiction over integration, analysis,
and dissemination of homeland security information by the
Department of Homeland Security, and the Committee on
Government Reform shall retain jurisdiction over measures
addressing public information and records generally including
the Privacy Act and the Freedom of Information Act. The
Committee on Government Reform shall have jurisdiction over the
policy coordination responsibilities of the Office of
Counternarcotics Enforcement.
Intelligence--The Permanent Select Committee on
Intelligence shall retain jurisdiction over the intelligence
and intelligence-related activities of all departments and
agencies of the Federal Government, including the Office of the
Director of National Intelligence and the National
Counterterrorism Center as defined in the Intelligence Reform
and Terrorism Prevention Act of 2004.
Judiciary--The Committee on the Judiciary shall retain
jurisdiction over immigration policy and non-border enforcement
of the immigration laws. Its jurisdiction over immigration
policy shall include matters such as the immigration and
naturalization process, numbers of aliens (including immigrants
and non-immigrants) allowed, classifications and lengths of
allowable stay, the adjudication of immigration petitions and
the requirements for the same, the domestic adjudication of
immigration petitions and applications submitted to the
Department of Labor or the Department of Homeland Security and
setting policy with regard to visa issuance and acceptance. Its
jurisdiction over non-border enforcement shall be limited to
those aspects of immigration enforcement not associated with
the immediate entry of individuals into the country, including
those aspects of the Bureau of Immigration and Customs
Enforcement. The Committee on Homeland Security shall have
jurisdiction over border and port security including the
immigration responsibilities of inspectors at ports of entry
and the border patrol. As used in the new Rule X(1)(l)(9) and
this legislative history, the word ``immigration'' shall be
construed to include ``naturalization'' and no substantive
change is intended by the new rule's not containing the word
``naturalization.''
Science--The Committee on Science shall retain some
jurisdiction over the research and development activities of
the Department of Homeland Security as such matters are
incidental to the Committee on Science's existing jurisdiction
(except where those activities are in the jurisdiction of
another committee).
Transportation and Infrastructure--The Committee on
Transportation and Infrastructure shall retain jurisdiction
over the Coast Guard. However, the Committee on Homeland
Security has jurisdiction over port security, and some Coast
Guard responsibilities in that area will fall within the
jurisdiction of both committees. Jurisdiction over emergency
preparedness will be split between the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security. The Committee on Transportation and Infrastructure
shall retain its jurisdiction under clause 1(r)(2) over
``federal management of emergencies and natural disasters.''
This means that the committee retains its general jurisdiction
over the emergency preparedness and response operations of the
Federal Emergency Management Agency (FEMA). Bills addressing
FEMA's general preparation for disaster from any cause shall be
referred to the Committee on Transportation and Infrastructure.
The Committee on Homeland Security shall have jurisdiction over
the Department of Homeland Security's responsibilities with
regard to emergency preparedness only as they relate to acts of
terrorism. Thus, the Committee on Homeland Security shall have
jurisdiction over the responsibilities of the Office for
Domestic Preparedness, in accordance with section 430 of the
Homeland Security Act of 2002.
As indicated earlier, the Committee on Homeland Security's
jurisdiction over ``collective response to terrorism'' means
that it would receive referrals of bills addressing the
Department of Homeland Security's responsibilities for, and
assistance to, first responders as a whole and not over
measures addressing first responder communities individually.
The Committee on Homeland Security shall have jurisdiction
over the functions of the Department of Homeland Security
relating to transportation security, while the Committee on
Transportation and Infrastructure shall retain its jurisdiction
over transportation safety. In general, the Committee on
Homeland Security would have jurisdiction over bills addressing
the Transportation Security Administration and the Committee on
Transportation and Infrastructure would have jurisdiction over
bills addressing the various entities within the Department of
Transportation having responsibility for transportation safety,
such as the Federal Aviation Administration and the Federal
Motor Carrier Safety Administration. The jurisdiction of the
Committee on Homeland Security does not include expenditures
from trust funds under the jurisdiction of other committees,
including but not limited to the Highway Trust Fund, the
Airport and Airway Trust Fund, the Harbor Maintenance Trust
Fund, the Federal Buildings Fund, and the Inland Waterways
Trust Fund.
Ways and Means--The jurisdiction of the Committee on Ways
and Means over ``customs revenue'' is intended to include those
functions contemplated in section 412(b)(2) of the Homeland
Security Act of 2002 and includes those functions as carried
out in collection districts and ports of entry and delivery.
Membership and Organization of the Committee on Homeland Security
(19-14)
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas Bennie G. Thompson, Mississippi,
Daniel E. Lungren, California Loretta Sanchez, California
Mike Rogers, Alabama Sheila Jackson Lee, Texas
Michael T. McCaul, Texas Henry Cuellar, Texas
Gus M. Bilirakis, Florida Yvette D. Clarke, New York
Paul C. Broun, Georgia Laura Richardson, California
Candice S.Miller, Michigan Danny K. Davis, Illinois
Tim Walberg, Michigan Brian Higgins, New York
Chip Cravaack, Minnesota Cedric L. Richmond, Louisiana
Joe Walsh, Illinois Hansen Clarke, Michigan
Patrick Meehan, Pennsylvania William R. Keating, Massachusetts
Ben Quayle, Arizona Kathleen C. Hochul, New York
E. Scott Rigell, Virginia Janice Hahn, California
Billy Long, Missouri Vacancy
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York
__________
Appointment of Mr.Peter T. King of New York as Chair, and Mr.Bennie
G. Thompson of Mississippi as Ranking Minority Member on January 5,
2011, pursuant to H. Res. 6 and H. Res. 7, respectively.
The Majority Members of the Committee were elected to the Committee
on January 18, 2011, pursuant to H. Res. 37; and the Minority Members
on January 19, 2011, pursuant to H. Res. 39.
Mr.Blake Farenthold of Texas was elected to the Committee pursuant
to H. Res. 42 on January 19, 2011.
Mr.Mo Brooks of Alabama was elected to the Committee pursuant to H.
Res. 53 on January 25, 2011.
Ms.Jane Harman of California resigned as a Member of the House of
Representatives on February 28, 2011.
Mrs.Donna M. Christensen resigned as a Member of the Committee on
Homeland effective March 7, 2011.
Ms.Kathleen C. Hochul of New York was elected to the Committee
pursuant to H. Res. 293 on June 2, 2011.
Ms.Janice Hahn of California was elected to the Committee pursuant
to H. Res. 377 on July 28, 2011.
Mr.Mo Brooks of Alabama resigned as a Member of the Committee on
Homeland Security on October 4, 2011, and Mr. Robert L. Turner of New
York was elected to the Committee pursuant to H. Res. 420.
Ms. Jackie Speier of California resigned as a Member of the
Committee on Homeland Security on February 16, 2012.
__________
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
__________
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Cedric L. Richmond, Louisiana
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
__________
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
__________
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
__________
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
__________
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Brian Higgins, New York
Loretta Sanchez, California
Henry Cuellar, Texas
Kathleen C. Hochul, New York
Janice Hahn, California
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
Full Committee
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren,
California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan,
Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York Bennie G. Thompson, Mississippi
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Kathleen C. Hochul, New York
Janice Hahn, California
Vacancy
----------
From January 2011 through the end of May 2012, the
Committee on Homeland Security held 12 hearings, receiving
testimony from 38 witnesses, and considered 17 measures.
----------
Organizational Meeting of the Committee
The Committee on Homeland Security met on January 26, 2011,
for an organizational meeting for the 112th Congress under the
direction of Chairman Peter T. King of New York.
The Full Committee met pursuant to notice and adopted the
Committee Rules for the 112th Congress by unanimous consent.
The Committee also approved the Committee on Homeland
Security's Oversight Plan for the 112th Congress and Committee
Resolution No. 1, relating to staff hiring, and both were
adopted by unanimous consent.
The Committee established six Subcommittees: The
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies; the Subcommittee on Transportation
Security; the Subcommittee on Oversight, Investigations, and
Management; the Subcommittee on Emergency Preparedness,
Response, and Communications; the Subcommittee on Border and
Maritime Security; and the Subcommittee on Counterterrorism and
Intelligence.
FIRST QUARTER ACTIVITY REPORT
On June 22, 2011, the Committee on Homeland Security met
pursuant to notice and adopted a report on the Oversight and
Legislative Activities of the Committee on Homeland Security
for the First Quarter of the 112th Congress. The Committee
ordered the report to be reported to the House, without
amendment, favorably, by voice vote.
THIRD QUARTER ACTIVITY REPORT
On June 6, 2012, the Committee on Homeland Security met
pursuant to notice and adopted a report on the Oversight and
Legislative Activities of the Committee on Homeland Security
for the Third Quarter of the 112th Congress. The Committee
ordered the report to be reported to the House, without
amendment, favorably, by voice vote.
----------
Legislative Activities of the Committee
ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2011
Pub. L. 112-54 S.1487 (H.R.2042 | H.R.3312)
To require the Secretary of Homeland Security, in consultation
with the Secretary of State, to establish a program to issue
Asia-Pacific Economic Cooperation Business Travel Cards, and
for other purposes.
Summary
The Asia-Pacific Economic Cooperation Business Travel Cards
Act of 2011 authorizes the Secretary of Homeland Security to
issue, in coordination with the Secretary of State, Asia-
Pacific Economic Cooperation business travel cards (ABT Cards)
to approved individuals. S. 1487 requires the Secretary of
Homeland Security to integrate the ABT Cards with other
Department trusted traveler programs. Additionally, S. 1487
permits the Secretary of Homeland Security to consult with
appropriate private sector entities and, if necessary,
prescribe regulations to issue the ABT Cards. The bill also
authorizes the Secretary to collect and adjust a user fee for
establishing and operating the ABT Card program. The Secretary
may terminate the program if it is in the interest of the
United States.
Legislative History
S.1487 was introduced in the Senate on August 2, 2011, by
Ms.Cantwell, Mr.Akaka, Mr.Inouye, and Mr.Johnson of Wisconsin,
and referred to the Committee on Homeland Security and
Governmental Affairs.
On October 19, 2011, the Senate Committee on Homeland
Security and Governmental Affairs considered S.1487 and ordered
the measure to be favorably reported to the Senate with an
Amendment in the Nature of a Substitute.
The Senate Committee on Homeland Security and Governmental
Affairs reported S. 1487 to the Senate on November 3, 2011 with
no written report.
The Senate considered and passed S.1487 on November 3,
2011, by unanimous consent.
On November 4, 2011, the House considered and passed
S.1487, under Suspension of the Rules, clearing the measure for
the President.
The President signed S.1487 into law on November 12, 2011,
as Public Law 112-54.
H.R.2042, the House companion measure, was introduced in
the House on May 26, 2011, by Mr.Larsen of Washington,
Mr.Herger, Mr.Crowley, Mr.Brady of Texas, and Mr.Daniel E.
Lungren of California, and referred to the Committee on
Homeland Security. Within the Committee, H.R.2042 was referred
to the Subcommittee on Border and Maritime Security.
On October 25, 2011, the House considered H.R.2042 under
Suspension of the Rules and passed the measure by voice vote.
H.R.2042 was received in the Senate on October 31, 2011,
and on November 3, 2011, was read twice, and placed on the
Senate Legislative Calendar.
H.R.3312 was introduced in the House on November 2, 2011,
by Mr.Brady of Texas and Mr.Larsen of Washington, and referred
to the Committee on Homeland Security. Within the Committee,
H.R. 3312 was referred to the Subcommittee on Border and
Maritime Security. H.R.3312 consisted of the text of S.1487, as
ordered to be reported by the Senate Committee on Homeland
Security and Governmental Affairs.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012
Pub. L. 112-81 H.R.1540 | S.1867
To authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
The annual National Defense Authorization Act (NDAA) is the
primary mechanism by which the United States Congress fulfills
its Constitutional obligation to provide for the common
defense.
The NDAA for fiscal year 2012 authorizes $554 billion for
the Defense base budget, and $115.5 billion for overseas
contingency operations. This represents a $19 billion reduction
from fiscal year 2011 and a $24.1 billion reduction from the
President's request.
Although this legislation authorizes programs within the
Department of Defense, the NDAA contains certain War on Terror
detainee provisions that are of great interest to the Committee
on Homeland Security. These include a prohibition on the
transfer or release of detainees housed at Guantanamo Bay, Cuba
into the United States, and a reaffirmation of the lawful
detention of individuals from al-Qaeda, the Taliban, and
associated forces engaged in an armed conflict with the United
States.
Also of interest to the Committee on Homeland Security are
the requirements for the detection of insider threats, in
response to the dissemination of classified information on the
WikiLeaks.org website, and the authorization of the Department
of Defense's counter-narcotics activities on the Southern
Border of the United States.
Legislative History
H.R.1540 was introduced in the House on April 14, 2011, by
Mr.McKeon and Mr.Smith of Washington, and referred to the
Committee on Armed Services.
The Committee on Armed Services considered H.R.1540 on May
11, 2011, and ordered the measure to be reported to the House,
amended by a recorded vote of 60 yeas and 1 nay.
The Chair of the Committee on Homeland Security sent a
letter on May 4, 2011, to the Chair of the Committee on Armed
Services agreeing, that, in order to expedite consideration of
H.R.1540 by the Full House, the Committee would not seek a
sequential referral of H.R.1540. The letter further requested
an appointment of Conferees should a House-Senate Conference be
called. The Chair of the Committee on Armed Services responded
on May 16, 2011, acknowledging the jurisdictional interests of
the Committee on Homeland Security and the agreement to not
seek a sequential referral.
The Committee on Armed Services reported H.R.1540 to the
House on May 17, 2011, as H. Rpt. 112-78. The Committee on
Armed Services filed the supplemental report to H.R.1540 on May
23, 2011 as H. Rpt. 112-78, Part II.
The House considered H.R.1540 on May 24 and 25, 2011. The
House continued consideration of H.R.1540 on June 26, 2011, and
passed H.R.1540 by a recorded vote of 322 yeas and 96 nays
(Recorded Vote No. 375).
H.R.1540 was received in the Senate, read twice, and
referred to the Senate Committee on Armed Services on June 6,
2011.
On November 15, 2011, the Senate Committee on Armed
Services reported S.1687, the Senate companion measure, to the
Senate, with no written report.
The Senate considered S.1687 on November 17, 18, 28, 29,
and 30, 2011. On November 30, 2011, the Senate invoked cloture
on S.1867 by a recorded vote of 88 yeas and 12 nays (Record
Vote No. 212). The Senate continued consideration on December
1, and passed S.1687 by a recorded vote of 93 yeas and 7 nays
(Record Vote No. 218.).
On December 1, the Senate Committee on Armed Services was
discharged from further consideration of H.R.1540 by unanimous
consent. The Senate considered H.R.1540 by unanimous consent;
struck all after the enacting clause and substituted the text
of S.1867, as amended. The Senate then passed H.R.1540,
amended, by unanimous consent.
The Senate insisted upon its amendment to H.R.1540 on
December 1, 2011, requested a Conference with the House, and
appointed Conferees: Senators Levin; Lieberman; Reed; Akaka;
Nelson of Nebraska; Webb; McCaskill; Udall of Colorado; Hagan;
Begich; Manchin; Shaheen; Gillibrand; Blumenthal; McCain;
Inhofe; Sessions; Chambliss; Wicker; Brown of Massachusetts;
Portman; Ayotte; Collins; Graham; Cornyn; and Vitter.
On December 2, 2011, the Chair of the Committee on Homeland
Security sent a letter to the Speaker of the House requesting
to have Members of the Committee appointed as Conferees to the
Committee of Conference on H.R. 1540.
The House, on December 7, 2011, by unanimous consent,
agreed to disagree to the Senate amendment, and agreed to a
Conference with the Senate thereon. The House agreed to
instruct House Conferees by a recorded vote of 421 yeas and 2
nays (Recorded Vote No. 892).
The Chair appointed Conferees on the part of the House on
December 7, 2011: From the Committee on Armed Services; the
Permanent Select Committee on Intelligence; the Committee on
Education and the Workforce; the Committee on Energy and
Commerce; the Committee on Financial Services; the Committee on
Foreign Affairs; the Committee on Homeland Security; the
Committee on the Judiciary; the Committee on Natural Resources;
the Committee on Oversight and Government Reform; the Committee
on Science, Space, and Technology; the Committee on Small
Business; the Committee on Transportation and Infrastructure;
the Committee on Veterans Affairs; and the Committee on Ways
and Means.
Conferees from the Committee on Homeland Security, for
consideration of sec. 1099H of the House bill; and sec.
1092 of the Senate amendment, and modifications
committed to conference: Mr.Daniel E. Lungren of
California, Mrs.Miller of Michigan and Mr.Thompson of
Mississippi.
Conferees met on December 12, 2011, and agreed to file a
Conference Report to accompany H.R.1540. Conference Report to
accompany H.R.1540 filed in the House as H. Rpt. 112-329. As
reported, the Conference Report struck section 1099H; section
1092 was retained by the Committee of Conference.
The Committee on Rules met on December 13, 2011, and
reported a rule providing for the consideration of the
Conference Report to accompany H.R.1540. The Rule filed in the
House as H. Res. 493 (H. Rpt. 112-330).
The House considered the Conference Report to accompany
H.R.1540 on December 14, 2011, under the provisions of H. Res.
493, after agreeing to the Rule by a recorded vote of 245 yeas
and 169 nays, (Recorded Vote No. 926). During consideration, a
motion to recommit the conference report to the Committee of
Conference with instructions to the managers on the part of the
House, was not agreed to by a recorded vote of 183 yeas and 234
nays, (Recorded Vote No. 931).
The House agreed to the Conference Report to accompany
H.R.1540 on December 14, 2011, by a recorded vote of 283 yeas
to 136 nays (Recorded Vote No. 932). The House subsequently
agreed to H. Con. Res. 92, to direct the Clerk of the House of
Representatives to correct the enrollment of the bill H.R.1540.
The Senate considered the Conference Report to accompany
H.R. 1540 on December 15, 2011, and agreed to the Conference
Report by a recorded vote of 86 yeas and 13 nays (Record Vote
No. 230.) The Senate subsequently agreed to H. Con. Res. 92 by
unanimous consent, clearing the measure for the President.
H.R. 1540 was presented to the President on December 21,
2011. On December 31, 2011, the President signed H.R. 1540 into
law as Public Law 112-81.
RISK-BASED SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES ACT
Pub. L. 112-86 (H.R.1801)
To amend title 49, United States Code, to provide for expedited
security screenings for members of the Armed Forces.
Summary
This legislation directs the Transportation Security
Administration to develop and implement a plan to provide
expedited screening for any member of the U.S. Armed Forces--
and any accompanying family member--when that individual is
traveling on official orders through a primary airport.
Legislative History
H.R.1801 was introduced in the House on May 10, 2011, by
Mr.Cravaack, Mr.Bachus, and Mr.Rogers of Alabama, and referred
to the Committee on Homeland Security. Within the Committee,
H.R.1801 was referred to the Subcommittee on Transportation
Security.
The Subcommittee on Transportation Security considered
H.R.1801 on May 12, 2011, and ordered the measure reported,
favorably, to the Full Committee, without amendment, by voice
vote.
The Committee considered H.R.1801 on September 21, 2011,
and ordered the measure to be reported to the House, amended,
with a favorable recommendation, by voice vote.
The Committee reported H.R.1801 to the House on November 4,
2011, as H. Rpt. 112-271.
The House considered H.R.1801 under Suspension of the
Rules, and passed the measure by a two-thirds recorded vote of
404 yeas and none voting ``nay''.
H.R.1801 was received in the Senate on November 30, 2011,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
The Senate Committee on Commerce, Science, and
Transportation was discharged from further consideration by
unanimous consent on December 12, 2011. The Senate subsequently
passed H.R.1801, amended, by voice vote.
The House debated a motion to agree to concur in the Senate
amendment to H.R. 1801 on December 19, 2011. On December 20,
2011, the House agreed to Suspend the Rules and concurred in
the Senate amendment to H.R. 1801 by voice vote, clearing the
measure for the President.
H.R. 1801 was presented to the President on December 23,
2011, and on January 3, 2012, was signed into law as Public Law
112-86.
CHEMICAL FACILITY ANTI-TERRORISM SECURITY AUTHORIZATION ACT OF 2011
H.R.901
To amend the Homeland Security Act of 2002 to codify the
requirement that the Secretary of Homeland Security maintain
chemical facility anti-terrorism security regulations.
Summary
The Secretary of the Department of Homeland Security
currently has authority to regulate chemical facilities under
the Chemical Facility Anti-Terrorism Standards (CFATS) issued
pursuant to section 550 of the Department of Homeland Security
Appropriations Act, 2007 (Pub.L. 109-295). H.R.901 codifies the
Secretary's authority to regulate chemical facility security
within the Homeland Security Act of 2002 and extend this
authority for 7 years to allow the program to be fully
implemented and achieve its objectives of enhancing chemical
facility security and reducing risks of terrorism. The
provisions contained in H.R.901 largely reflect the original
statute, i.e. Section 550, and will enable the Department of
Homeland Security and chemical facilities to continue
implementing CFATS uninterrupted using the existing risk-based,
performance-based approach without imposing additional,
burdensome requirements that could slow or hinder progress
being made by both the Department and the chemical facilities.
H.R.901 is intended to provide long-term certainty to the
Department and chemical facilities regarding the requirement to
improve security at our Nation's chemical facilities while
preserving the ability of American companies to compete, remain
innovative, and create jobs.
Legislative History
H.R.901 was introduced in the House on March 3, 2011, by
Mr.Daniel E. Lungren of California and eight original
cosponsors, and referred to the Committee on Homeland Security,
and in addition to the Committee on Energy and Commerce. Within
the Committee, H.R.901 was referred to the Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies.
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies considered H.R.901 on
April 14, 2011, and ordered the measure to be favorably
reported to the Full Committee, without amendment, by a roll
call vote of 6 yeas and 4 nays.
On June 22, 2011, the Committee on Homeland Security met to
consider H.R.901 and ordered the measure to be reported to the
House, amended, by voice vote.
The Committee filed a report on H.R.901 in the House on
September 26, 2011, as H. Rpt. 112-224, Pt. 1. Referral of the
bill to the Committee on Energy and Commerce was extended on
September 26, 2011, for a period ending not later than November
11, 2011. Referral of the bill to the Committee on Energy and
Commerce was extended on November 11, 2011, for a period ending
not later than January 6, 2012. Referral of the bill to the
Committee on Energy and Commerce was extended on January 6,
2012, for a period ending not later than January 20, 2012.
Referral of the bill to the Committee on Energy and Commerce
was extended on January 20, 2012, for a period ending not later
than March 1, 2012. Referral of the bill to the Committee on
Energy and Commerce was extended on March 1, 2012, for a period
ending not later than March 9, 2012. Referral of the bill to
the Committee on Energy and Commerce was extended on March 9,
2012, for a period ending not later than June 8, 2012.
JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE ACT
H.R.915
To establish a Border Enforcement Security Task Force program
to enhance border security by fostering coordinated efforts
among Federal, State, and local border and law enforcement
officials to protect United States border cities and
communities from trans-national crime, including violence
associated with drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and
across the international borders of the United States, and for
other purposes.
Summary
The Jaime Zapata Border Enforcement Security Task Force Act
establishes in United States Immigration and Customs
Enforcement (ICE) a Border Enforcement Security Task Force
(BEST) program to enhance border security by addressing and
reducing border security threats and violence by: (1)
Facilitating collaboration among Federal, State, local, Tribal,
and foreign law enforcement agencies to execute coordinated
activities in furtherance of border security and homeland
security; and (2) enhancing information-sharing among such
agencies.
H.R.915 authorizes the Secretary of Homeland Security,
acting through the Assistant Secretary for ICE, to establish
BEST units after considering: (1) Whether the area where the
unit would be established is significantly impacted by cross-
border threats; (2) the availability of Federal, State, local,
Tribal, and foreign law enforcement resources to participate in
the unit; and (3) the extent to which border security threats
are having a significant harmful impact in the area and in
other jurisdictions. The bill authorizes the Secretary, in
order to provide Federal assistance to the area so designated,
to: (1) Obligate such sums as are appropriated for the BEST
program; (2) direct the assignment of Federal personnel to that
program; and (3) take other actions to assist State, local,
Tribal, and foreign jurisdictions to participate.
The bill directs the Secretary to report on the
effectiveness of the program in enhancing border security and
reducing the drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and
across the borders of the United States.
Legislative History
111th Congress
H.R.1437, the ``Southern Border Security Task Force Act of
2009,'' was introduced in the House on March 11, 2009, by
Mr.Cuellar, and referred to the Committee on Homeland Security,
and in addition to the Committee on the Judiciary. Within the
Committee, H.R.1437 was referred to the Subcommittee on Border,
Maritime, and Global Counterterrorism. No further action
occurred on H.R.1437 in the 111th Congress.
H.R.1437 contains provisions similar to those in H.R.915 in
the 112th Congress.
112th Congress
H.R.915 was introduced in the House on March 3, 2011, by
Mr.Cuellar and Mr.McCaul, and referred to the Committee on
Homeland Security. Within the Committee, H.R.915 was referred
to the Subcommittee on Border and Maritime Security.
On June 2, 2011, the Subcommittee on Border and Maritime
Security considered H.R.915 and favorably reported the measure
to the Full Committee for consideration, amended, by voice
vote.
On September 21, 2011, the Committee considered H.R.915,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R.915 to the House on November 4,
2011, as H. Rpt. 112-268.
The House considered H.R. 915 on May 30, 2012, under
Suspension of the Rules, and passed the measure by a \2/3\ roll
call vote of 391 yeas and 2 nays (Roll No. 296).
TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN ACT OF 2011
H.R.1165
To amend title 49, United States Code, to establish an
Ombudsman Office within the Transportation Security
Administration for the purpose of enhancing transportation
security by providing confidential, informal, and neutral
assistance to address work-place related problems of
Transportation Security Administration employees, and for other
purposes.
Summary
H.R. 1165 enhances transportation security by providing
confidential, informal, and neutral assistance to address work-
place related problems of Transportation Security
Administration (TSA) employees by strengthening and refining
the role of the TSA Office of Ombudsman.
Legislative History
H.R.1165 was introduced in the House on March 17, 2011, by
Ms.Jackson Lee of Texas, Ms.Speier, Mr.Thompson of Mississippi,
and Mr.Davis of Illinois, and referred to the Committee on
Homeland Security. Within the Committee, H.R.1165 was referred
to the Subcommittee on Transportation Security.
The Subcommittee on Transportation Security considered
H.R.1165 on May 12, 2011, and ordered the measure reported,
favorably, to the Full Committee, amended, by voice vote.
The Committee considered H.R.1165 on September 21, 2011,
and ordered the measure to be reported to the House, amended,
with a favorable recommendation, by voice vote.
The Committee reported H.R.1165 to the House on November 4,
2011, as H. Rpt. 112-270.
SECURE BORDER ACT OF 2011
H.R.1299
To achieve operational control of and improve security at the
international land borders of the United States, and for other
purposes.
Summary
In testimony before Congress, a Government Accountability
Office witness reported that the U.S. Border Patrol has less
than 44 percent of the Southwest Border under operational
control and less than 2 percent of the Northern Border under
operational control [GAO-11-374T and GAO-11-508T). H.R. 1299
requires the Department of Homeland Security to develop a plan
to gain operational control, as defined by the Secure Fence Act
of 2006 (Pub. L. 109-367), of the borders of the United States
within 5 years. In the event that the Secretary should try to
utilize another measure other than operational control, that
measure must be evaluated by a National Laboratory for
suitability in measuring control of the border. The Secretary
must also develop a comprehensive new measurement system which
captures the effectiveness of security at the ports of entry.
Finally, it requires the U.S. Customs and Border Protection to
provide the Committee with its resource allocation model for
the current future year staffing requirements and detailed port
of entry manpower data.
Legislative History
H.R.1299 was introduced in the House on March 31, 2011, by
Mrs.Miller of Michigan and 18 original cosponsors, and referred
to the Committee on Homeland Security. Within the Committee,
H.R.1299 was referred to the Subcommittee on Border and
Maritime Security.
On June 2, 2011, the Subcommittee on Border and Maritime
Security considered H.R.1299 and favorably reported the measure
to the Full Committee for consideration, amended, by voice
vote.
The Committee considered H.R.1299 on September 21, 2011,
and ordered the measure to be reported to the House, with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R.1299 to the House on November
10, 2011, as H. Rpt. 112-274.
The House considered H.R. 1299 on May 30, 2012, under
Suspension of the Rules and passed the measure by voice vote.
The Chair of the Committee on Ways and Means sent a letter
to the Chair of the Committee on Homeland Security agreeing to
waive consideration of H.R. 1299, the letter further requested
the appointment of Conferees should a House-Senate Conference
be convened. On June 5, 2012, the Chair of the Committee on
Homeland Security sent a letter to the Chair of the Committee
on Ways and Means acknowledging the jurisdictional concerns of
the Committee on Ways and Means, and agreeing to support the
appointment of Conferees.
AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2011
H.R.1447
To amend title 49, United States Code, to direct the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to establish an Aviation Security Advisory
Committee, and for other purposes.
Summary
H.R. 1447 directs the Assistant Secretary of the
Transportation Security Administration to establish an Aviation
Security Advisory Committee. The Assistant Secretary is
required to consult with the Advisory Committee on aviation
security matters and the development of recommendations to
improve aviation security.
Legislative History
H.R.1447 was introduced in the House on April 8, 2011, by
Mr.Thompson of Mississippi and Ms.Jackson Lee of Texas, and
referred to the Committee on Homeland Security. Within the
Committee, H.R.1447 was referred to the Subcommittee on
Transportation Security.
On September 21, 2011, the Chair discharged the
Subcommittee on Transportation Security from further
consideration of H.R.1447. The Committee proceeded to the
consideration of H.R.1447 and ordered the measure to be
reported to the House, without amendment, by voice vote.
The Committee reported H.R.1447 to the House on November 4,
2011, as H. Rpt. 112-269.
NATIONAL SECURITY AND FEDERAL LANDS PROTECTION ACT
H.R. 1505
To prohibit the Secretaries of the Interior and Agriculture
from taking action on public lands which impede border security
on such lands, and for other purposes.
Summary
H.R. 1505 prohibits the Secretaries of the Interior and
Agriculture from taking action on public lands which impede the
Border Patrol from conducting security activities under the
direction of the Secretary of Homeland Security. In order to
effectively secure the border, the Department of Homeland
Security is provided to have immediate access to any public
land managed by the Federal Government; including access to
maintain and construct roads, construct a fence, use patrol
vehicles, and set up monitoring equipment.
Legislative History
H.R. 1505 was introduced in the House on April 13, 2011, by
Mr. Bishop of Utah and 54 cosponsors, and referred to the
Committee on Natural Resources, and in addition the Committees
on Agriculture and Homeland Security. Within the Committee,
H.R. 1505 was referred to the Subcommittee on Border and
Maritime Security.
On October 5, 2011, the Natural Resources Subcommittee on
National Parks, Forests, and Public Lands discharged H.R. 1505.
On October 5, 2011 the Committee on Natural Resources
considered H.R. 1505, and ordered the measure to be reported to
the House with a favorable recommendation, amended, by a
recorded vote of 26 yeas and 17 nays.
The Chair of the Committee on Natural Resources sent a
letter on December 14, 2011, to the Chair of the Committee on
Homeland Security requesting that, in order to expedite
consideration of H.R. 1505 by the Full House, the Committee
would discharge H.R. 1505 from any further consideration. The
Chair of the Committee responded on December 14, 2011
acknowledging the request of the Committee on Natural Resources
by discharging H.R. 1505 from further consideration by the
Committee. The response further requested an appointment of
Conferees should a House-Senate Conference be called.
The Committee on Natural Resources reported H.R. 1505 to
the House as H. Rpt. 112-448, Pt. I on April 17, 2012. The
Committee on Agriculture and the Committee on Homeland Security
were subsequently discharged from further consideration of H.R.
1505.
SECURE VISAS ACT
H.R. 1741
To authorize the Secretary of Homeland Security and the
Secretary of State to refuse or revoke visas to aliens if in
the security or foreign policy interests of the United States,
to require the Secretary of Homeland Security to review visa
applications before adjudication, to provide for the immediate
dissemination of visa revocation information, and for other
purposes.
Summary
H.R. 1741, also known as the Secure Visas Act, provides the
Secretary of Homeland Security authority to refuse or revoke
any visa to an alien or class of aliens if deemed necessary or
advisable to protect the security interests of the United
States. The legislation mandates inspection of all visa
applications and supporting documentation before the
adjudication of the application at the 20 highest-risk visa
issuing diplomatic and consular posts, as determined by the
Secretary, and authorizes the Secretary to assign employees to
those diplomatic consular posts.
Legislative History
H.R. 1741 was introduced in the House on May 5, 2011, by
Mr. Smith of Texas and eight original cosponsors, and referred
to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security. Within the Committee, H.R. 1741
was referred to the Subcommittee on Border and Maritime
Security.
The Committee on the Judiciary considered H.R. 1741 on June
23, 2011, and ordered the measure to be reported to the House,
amended, by a recorded vote of 17 yeas and 11 nays.
The Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on the Judiciary on July
13, 2011, agreeing that, in order to expedite consideration on
the House Floor, the Committee on Homeland Security would waive
its right to consider H.R. 1741. The letter further requested
the appointment of Conferees should a House-Senate Conference
be called. On that same date, the Chair of the Committee on the
Judiciary sent a letter to the Chair of the Committee on
Homeland Security agreeing to the waiving of consideration in
order to expedite consideration.
The Committee on the Judiciary reported H.R. 1741 to the
House as H. Rpt. 112-441, Pt. I on March 8, 2012. Subsequently,
the Committee on Homeland Security was discharged from further
consideration of H.R. 1741.
TO AMEND TITLE 49, UNITED STATES CODE, TO DIRECT THE ASSISTANT
SECRETARY OF HOMELAND SECURITY (TRANSPORTATION SECURITY ADMINISTRATION)
TO TRANSFER UNCLAIMED MONEY RECOVERED AT AIRPORT SECURITY CHECKPOINTS
TO UNITED SERVICE ORGANIZATIONS, INCORPORATED, AND FOR OTHER PURPOSES.
H.R. 2179
To amend title 49, United States Code, to direct the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to transfer unclaimed money recovered at
airport security checkpoints to United Service Organizations,
Incorporated, and for other purposes.
Summary
This legislation directs the Transportation Security
Administration (TSA) to transfer unclaimed money recovered at
airport security checkpoints to United Service Organizations,
Inc. for use in support of its airport centers. The legislation
will support the continued efforts of the United Service
Organizations, Inc. (USO) by providing funds to create a
welcoming and comfortable atmosphere at airports for our
dedicated military personnel and their families. Additionally,
this bill also directs TSA to provide clothing assistance to
homeless or needy veterans with unclaimed clothing recovered at
airport security checkpoints.
Legislative History
H.R. 2179 was introduced in the House on June 14, 2011, by
Mr. Miller of Florida, and referred to the Committee on
Homeland Security. Within the Committee, H.R. 2179 was referred
to the Subcommittee on Transportation Security.
On March 7, 2012, the Subcommittee on Transportation
Security considered H.R. 2179 and reported the measure to the
Full Committee with a favorable recommendation, without
amendment, by voice vote.
The Full Committee considered H.R. 2179 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
The Committee reported H.R. 2179 to the House on May 8,
2012, as H. Rpt. 112-468.
WMD PREVENTION AND PREPAREDNESS ACT OF 2011
H.R.2356
To enhance homeland security by improving efforts to prevent,
protect against, respond to, and recover from an attack with a
weapon of mass destruction, and for other purposes.
Summary
H.R. 2356 enhances homeland security by improving efforts
to prevent, protect against, respond to, and recover from an
attack with a weapon of mass destruction (WMD), and for other
purposes. The bill addresses the range of actions necessary to
counter the WMD threat as identified through the Committee on
Homeland Security's oversight work and the recommendations of
the Commission on the Prevention of WMD Proliferation and
Terrorism in its report, ``World At Risk.'' The approach is to
include all aspects of the preparedness framework--prevention,
protection, response, and recovery--for chemical, biological,
radiological, and nuclear attacks and incidents.
Legislative History
111th Congress
H.R. 5498 was introduced in the House on March 15, 2010, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, Ms. Clarke, and Mr. Daniel E. Lungren of
California and referred to the Committee on Homeland Security,
and in addition to the Committee on Energy and Commerce, the
Committee on Agriculture, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence. Within the
Committee, H.R. 5498 was referred to the Subcommittee on
Emerging Threats, Cybersecurity, and Science and Technology.
On June 15, 2010, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held a hearing on
H.R. 5498, the ``WMD Prevention and Preparedness Act of 2010.''
The Subcommittee received testimony from Sara (Sally) T.
Beatrice, PhD, Assistant Commissioner, Public Health
Laboratory, Department of Health and Mental Hygiene, City of
New York; Randall S. Murch, PhD, Associate Director, Research
Program Development, National Capital Region, Virginia
Polytechnic Institute and State University; Robert P. Kadlec,
MD, Vice President, Global Public Sector, PRTM Management
Consulting; and Julie E. Fischer, PhD, Senior Associate, Global
Health Security Program, Henry L. Stimson Center.
On June 23, 2010, the Full Committee considered H.R. 5498
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by a recorded vote of 26
yeas and 0 nays (Roll Call Vote No. 24).
On November 17, 2010, the Chair of the House Permanent
Select Committee on Intelligence sent a letter to the Chair of
the Committee on Homeland Security indicating that, in order to
expedite consideration of the measure by the full House, the
Permanent Select Committee on Intelligence would agree to not
seek a sequential referral of H.R. 5498. On that same date, the
Chair of the Committee on Homeland Security responded and
agreed to the waiving of the sequential referral and agreeing
to request to seek appointments of Conferees should a House-
Senate Conference be convened. On November 18, 2010, the Chair
of the Committee on Foreign Affairs sent a letter to the Chair
of the Committee on Homeland Security agreeing that, in order
to expedite consideration of the measure by the full House, the
Committee would waive consideration of H.R. 5498. On that same
date, the Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on Foreign Affairs
acknowleding the jurisdictional interests of the Committee on
Foreign Affairs.
The Committee on Homeland Security reported H.R. 5498 to
the House on November 18, 2010, as H. Rept. 111-659, Pt. I.
Subsequently, the Committee on Agriculture, the Committee
on Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence were discharged from further consideration of H.R.
5498.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on November 18, 2010, for a period ending
not later than December 3, 2010. The referral of H.R. 5498 to
the Committee on Energy and Commerce was extended on December
3, 2010, for a period ending not later than December 17, 2010.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on December 17, 2010, for a period ending
not later than December 21, 2010.
112th Congress
H.R. 2356 was introduced in the House on June 24, 2011, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, and eight original cosponsors, and referred to the
Committee on Homeland Security, and in addition to the
Committee on Energy and Commerce, the Committee on
Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence. Within the Committee, H.R. 2356 was referred to
the Subcommittee on Cybersecurity, Infrastructure Protection,
and Security Technologies and the Subcommittee on Emergency
Preparedness, Response, and Communications.
The Chair discharged the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications from further consideration of H.R. 2356 on May
9, 2012.
The Full Committee considered H.R. 2356 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
WMD INTELLIGENCE AND INFORMATION SHARING ACT OF 2011
H.R.2764
To amend the Homeland Security Act of 2002 to establish weapons
of mass destruction intelligence and information sharing
functions of the Office of Intelligence and Analysis of the
Department of Homeland Security and to require dissemination of
information analyzed by the Department to entities with
responsibilities relating to homeland security, and for other
purposes.
Summary
This legislation requires the Department of Homeland
Security's Office of Intelligence and Analysis to support the
analysis and dissemination of information regarding threats
involving chemical, biological, radiological, and nuclear
weapons throughout the Department and among other Federal,
State, local, and private sector partners.
Legislative History
H.R.2764 was introduced in the House on August 1, 2011, by
Mr.Meehan, Ms.Speier, Mr.Pascrell, Mr.Marino, Mr.King of New
York, and Mr.Rogers of Alabama, and referred to the Committee
on Homeland Security. Within the Committee, H.R.2764 was
referred to the Subcommittee on Counterterrorism and
Intelligence.
The Subcommittee on Counterterrorism and Intelligence
considered H.R.2764 on November 15, 2011, and ordered the
measure to reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Full Committee considered H.R. 2764 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
The Committee reported H.R. 2764 to the House on May 8,
2012, as H. Rpt. 112-466.
The House considered H.R. 2764 on May 30, 2012, under
Suspension of the Rules, and passed the measure by voice vote.
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2012
H.R.3116
To authorize certain programs of the Department of Homeland
Security, and for other purposes.
Summary
H.R. 3116 authorizes several existing components and
positions of the Department and provides metrics for programs
operated by the Department of Homeland Security. In addition,
H.R. 3116 clarifies authorities among various operating
officers and policy offices in order to promote greater
coordination among Departmental programs. H.R. 3116 also
proposes several measures designed to bring about greater
fiscal discipline within the Department. For example, H.R. 3116
requires Department-wide cost and efficiency reviews for
existing expenditures, independent valuations for major
acquisitions, and intra-Department consultation for
acquisitions.
H.R. 3116 provides extensive direction and metrics carried
out in the fields of border security, information sharing,
preparedness, and response to terrorist attacks and natural
disasters and science and technology research and development.
Moreover, H.R. 3116 authorizes pragmatic improvements for
security, including providing liability protections for
citizens who make good faith reports of suspected terrorist
activity and establishing a commission to reevaluate the causes
of the attacks of September 11, 2001, and the Federal
Government's ability to carry out the resulting
recommendations.
Legislative History
H.R.3116 was introduced in the House on October 6, 2011, by
Mr.King of New York and 12 original cosponsors, and referred to
the Committee on Homeland Security.
On October 12 and 13, 2011, the Committee considered
H.R.3116 and ordered the measure to be favorably reported to
the House, amended, by a recorded vote of 20 yeas and 12 nays.
On October 20, 2011 the Chair of the Committee on Science,
Space, and Technology sent a letter to the Speaker of the House
requesting a sequential referral of H.R. 3116. On November 21,
2011, the Chair of the Committee on Transportation and
Infrastructure sent a letter to the Speaker of the House
requesting a sequential referral of H.R.3116. On December 14,
2011, the Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on Natural Resources
requesting the waiving of a request to seek a referral of
H.R.3116. The Chair of the Committee on Committee on Natural
Resources agreed to not insist on a sequential referral of
H.R.3116. On December 15, 2011, the Chair of the Committee on
Energy and Commerce sent a letter to the Speaker of the House
requesting a referral of H.R. 3116.
MASS TRANSIT INTELLIGENCE PRIORITIZATION ACT
H.R.3140
To amend the Homeland Security Act of 2002 to direct the
Secretary of Homeland Security to prioritize the assignment of
officers and analysts to certain State and urban area fusion
centers to enhance the security of mass transit systems.
Summary
This legislation requires the Secretary of Homeland
Security to prioritize the assignment of officers and analysts
to participate in State and local fusion centers in
jurisdictions with mass transit systems. These officers and
analysts will be responsible for the creation of mass transit
intelligence products to assist in the effective protection of
mass transit systems and promote consistent and timely
distribution of mass transit information, relevant to security,
among these jurisdictions.
Legislative History
H.R.3140 was introduced in the House on October 6, 2011, by
Ms.Speier and Mr.Meehan, and referred to the Committee on
Homeland Security. Within the Committee, H.R.3140 was referred
to the Subcommittee on Counterterrorism and Intelligence.
The Subcommittee on Counterterrorism and Intelligence
considered H.R.3140 on November 15, 2011, and ordered the
measure reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Full Committee considered H.R. 3140 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
without amendment, by voice vote.
The Committee reported H.R. 3140 to the House on May 8,
2012, as H. Rpt. 112-467.
The House considered H.R. 3140 on May 30, 2012, under
Suspension of the Rules, and passed the measure by voice vote.
TO DIRECT THE SECRETARY OF HOMELAND SECURITY TO REFORM THE PROCESS FOR
THE ENROLLMENT, ACTIVATION, ISSUANCE, AND RENEWAL OF A TRANSPORTATION
WORKER IDENTIFICATION CREDENTIAL (TWIC) TO REQUIRE, IN TOTAL, NOT MORE
THAN ONE IN-PERSON VISIT TO A DESIGNATED ENROLLMENT CENTER.
H.R.3173
To direct the Secretary of Homeland Security to reform the
process for the enrollment, activation, issuance, and renewal
of a Transportation Worker Identification Credential (TWIC) to
require, in total, not more than one in-person visit to a
designated enrollment center.
Summary
The Transportation Worker Identification Credential (TWIC)
program was created to ensure all individuals who require
admittance into secure areas of regulated maritime facilities
and vessels are properly vetted and do not pose a threat to
maritime and supply chain security. Current TWIC requirements
compel applicants go to an enrollment center twice to complete
the application and confirm the biometric information embedded
into the card. The Committee believes that this is an onerous
burden for workers in the maritime industry, such as merchant
vessel operators and truck drivers, who rely on obtaining the
credential for employment.
H.R. 3173 provides the Transportation Security
Administration with the ability to streamline the process for
TWIC application and require not more than one in-person visit.
Legislative History
H.R. 3173 was introduced in the House on October 12, 2011,
by Mr. Scalise, Mr. Young of Alaska, Mr. King of New York, Mr.
Thompson of Mississippi, Mr. Cummings, and Mr. Richmond, and
referred to the Committee on Homeland Security. Within the
Committee, H.R. 3173 was referred to the Subcommittee on Border
and Maritime Security.
The Subcommittee on Border and Maritime Security was
discharged from further consideration of H.R. 3173 on May 9,
2012.
The Full Committee considered H.R. 3173 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2011
H.R.3563
To amend the Homeland Security Act of 2002 to direct the
Secretary of Homeland Security to modernize and implement the
national integrated public alert and warning system to
disseminate homeland security information and other
information, and for other purposes.
Summary
H.R. 3563 requires the Secretary of Homeland Security to
modernize and implement the National integrated public alert
and warning system through the establishment of common alert
and warning protocols, standards, terminology, and an operating
system. Among other things, H.R. 3563 requires the Secretary to
develop alerting capabilities for diverse modes of
communications, the ability to adapt to future technologies,
mechanisms to protect individual privacy, and the ability to
alert non-resident visitors to an affected area. The bill
further requires that the system be developed to ensure alerts
and warnings are provided to individuals with disabilities and
access and functional needs.
Within one year of the system becoming fully functional,
and every six months thereafter, the Secretary is required to
report to the Committee on Homeland Security and the Senate
Homeland Security and Governmental Affairs Committee on the
functionality and performance of the system.
H.R. 3563 authorizes $13.4 million for the system for each
of fiscal years 2012 through 2016. This amount is equal to the
Federal Emergency Management Agency's budget request for fiscal
year 2012, and approximately $5 million less than the
appropriated amount for fiscal year 2011.
Legislative History
H.R.3563 was introduced in the House on December 6, 2011,
by Mr.Bilirakis and Ms.Richardson, and referred to the
Committee on Homeland Security, and the Committee on
Transportation and Infrastructure. Within the Committee,
H.R.3563 was referred to the Subcommittee on Emergency
Preparedness, Response, and Communications.
The Subcommittee considered H.R.3563 on December 8, 2011,
and reported the measure to the Full Committee with a favorable
recommendation, amended, by voice vote.
The Full Committee considered H.R. 3563 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
TO REQUIRE THE TRANSPORTATION SECURITY ADMINISTRATION TO COMPLY WITH
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.
H.R. 3670 (S. 1990)
To require the Transportation Security Administration to comply
with the Uniformed Services Employment and Reemployment Rights
Act.
Summary
This legislation amends the Aviation and Transportation
Security Act (Pub. L. 107-71) to require the Transportation
Security Administration (TSA) to be fully compliant with the
Uniformed Services Employment and Reemployment Rights Act (Pub.
L. 103-353). TSA has stated that current practice conforms to
the requirements of H.R. 3670, the legislation would mandate
this practice.
Legislative History
H.R. 3670 was introduced in the House on December 14, 2011,
by Mr. Walz of Minnesota, Mr. Bilirakis, and Mr. Owens, and
referred to the Committee on Homeland Security, and the
Committee on Veterans' Affairs. Within the Committee, H.R. 3670
was referred to the Subcommittee on Transportation Security.
The Committee on Veterans' Affairs considered H.R. 3670 on
April 27, 2012, and ordered the measure to be reported to the
House by voice vote. The Committee on Veterans' Affairs
reported H.R. 3670 to the House on May 18, 2012 as H. Rpt. 112-
487, Pt. I.
The House considered H.R. 3670 on May 30, 2012, under
Suspension of the Rules and passed the measure by voice vote.
S. 1990, the Senate companion measure, was introduced in
the Senate on December 14, 2011, by Mr. Lieberman and six
original co-sponsors, and referred to the Senate Committee on
Commerce, Science, and Transportation.
PROMOTING AND ENHANCING CYBERSECURITY AND INFORMATION SHARING
EFFECTIVENESS ACT OF 2011
H.R. 3674
To amend the Homeland Security Act of 2002 to make certain
improvements in the laws relating to cybersecurity, and for
other purposes.
Summary
This measure provides authority for the Department of
Homeland Security to perform its current cybersecurity mission,
provides personnel authority, authorizes the National
Cybersecurity and Communications Integration Center at the
Department of Homeland Security and authorizes cybersecurity
research and development activities.
Legislative History
H.R. 3674 was introduced in the House on December 15, 2011,
by Mr.Daniel E. Lungren of California and 11 original
cosponsors, and referred to the Committee on Homeland Security,
and in addition to the Committee on Oversight and Government
Reform, the Committee on Science, Space, and Technology, the
Committee on the Judiciary, and the House Permanent Select
Committee on Intelligence. Within the Committee, H.R. 3674 was
referred to the Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies.
On February 1, 2012, the Subcommittee considered H.R. 3674
and ordered the measure reported to the Full Committee for
consideration, with a favorable recommendation, amended, by
voice vote.
The Committee on Homeland Security considered H.R. 3674 on
April 18, 2012, and ordered the measure to be reported to the
House with a favorable recommendation, amended, by a recorded
vote of 16 yeas and 13 nays.
On April 20, 2012, the Chair of the Committee on Homeland
Security sent letters to the Chairs of the Committee on the
Judiciary, the Committee on Oversight and Government Reform,
and the Chair of the House Permanent Select Committee on
Intelligence requesting that, in order to expedite
consideration on the House Floor, the Committees be discharged
from further consideration of H.R. 3674. On that same date, the
Chair of the Committee on Oversight and Government Reform sent
a letter to the Chair of the Committee on Homeland Security
agreeing to waive further consideration of H.R. 3674. The
Chairs of the Committee on the Judiciary and the House
Permanent Select Committee on Intelligence sent letters to the
Chair of the Committee on Homeland Security on April 23, 2012,
agreeing to waive further consideration of
H.R. 3674.
PUBLIC TRANSIT SECURITY AND LOCAL LAW ENFORCEMENT SUPPORT ACT
H.R.3857
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes.
Summary
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes. The bill also authorizes $400 million for TSGP grants
for each of fiscal years 2012 and 2013, except that no more
than 50 percent of those funds in each of the fiscal years may
be used for operational costs.
Legislative History
H.R. 3857 was introduced in the House on January 31, 2012,
by Mr. Turner of New York, Mr. King of New York, Mr. Rogers of
Alabama, and Mr. Grimm, and referred to the Committee on
Homeland Security. Within the Committee, H.R. 3857 was referred
to the Subcommittee on Emergency Preparedness, Response, and
Communications and the Subcommittee on Transportation Security.
The Subcommittee on Emergency Preparedness, Response and
Communications and the Subcommittee on Transportation Security
were discharged from further consideration of H.R. 3857 on May
9, 2012.
The Full Committee considered H.R. 3857 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R. 3857 to the House on May 30,
2012 as H. Rpt. 112-498.
GAUGING AMERICAN PORT SECURITY ACT
H.R.4005
To direct the Secretary of Homeland Security to conduct a study
and report to Congress on gaps in port security in the United
States and a plan to address them.
Summary
H.R. 4005 provides for the Secretary of Homeland Security
to conduct a study on the remaining gaps in port security. Not
later than one year after the enactment of the bill, a
classified report must be submitted to the Congress. This
report should clearly prioritize the port security gaps and
provide a plan to address them.
Legislative History
H.R. 4005 was introduced in the House on February 9, 2012,
by Ms. Hahn, and referred to the Committee on Homeland
Security. Within the Committee, H.R. 4005 was referred to the
Subcommittee on Border and Maritime Security.
The Subcommittee on Border and Maritime Security was
discharged from further consideration of H.R. 4005 on May 9,
2012.
The Full Committee considered H.R. 4005 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R. 4005 to the House on May 30,
2012 as H. Rpt. 112-499.
BORDER TUNNEL PREVENTION ACT OF 2012
H.R.4119 (S. 1236)
To reduce the trafficking of drugs and to prevent human
smuggling across the Southwest Border by deterring the
construction and use of border tunnels.
Summary
H.R. 4119 enhances the penalties of anyone who attempts or
assists in the construction of a tunnel other passage that
crosses the international border between the United States and
another country with the intent of using the tunnel for
smuggling. The legislation also encourages the Department of
Homeland Security to continue outreach efforts to educate
landowners and residents in areas along the border between the
United Mexican States and the United States about cross-border
tunnels and requests their assistance in combating tunnel
construction.
The Secretary of Homeland Security is also required to
submit an annual report to Congress indicating the number of
tunnels located, and efforts to prevent these means of
smuggling.
Legislative History
H.R. 4119 was introduced in the House on March 1, 2012, by
Mr. Reyes, Mr. Dreier, Mr. Quayle, and Mr. Thompson of
Mississippi, and referred to the Committee on the Judiciary,
and in addition to the Committee on Ways and Means and the
Committee on Homeland Security. Within the Committee, H.R. 4119
was referred to the Subcommittee on Border and Maritime
Security.
The Committee on the Judiciary considered H.R. 4119 on
March 6, 2012, and ordered the measure to be reported to the
House, without amendment, by voice vote.
The Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on the Judiciary on March
15, 2012, agreeing that, in order to expedite consideration on
the House Floor, the Committee would discharge itself from
consideration of H.R. 4119. On that same date, the Chair of the
Committee on the Judiciary sent a letter to the Chair of the
Committee on Homeland Security acknowledging the decision to
forego consideration of
H.R. 4119.
The Committee on the Judiciary reported H.R. 4119 to the
House on March 21, 2012, as H. Rpt. 112-418, Pt. I.
Subsequently, the Committee on Ways and Means and the Committee
on Homeland Security were discharged from further
consideration.
The House considered H.R. 4119 under Suspension of the
Rules on May 15, 2012, and on May 16, 2012 passed the bill by a
two-thirds vote of 416 yeas and 4 nays (Recorded Vote No. 256).
The Senate considered and passed H.R. 4119 on May 17, 2012,
by unanimous consent.
H.R. 4119 was presented to the President on May 29, 2012.
S. 1236, the Senate companion measure, was introduced in
the Senate on June 20, 2011, by Mrs. Feinstein, Mr. Kyl, Ms.
Landrieu, and Ms. McCaskill, and referred to the Senate
Committee on the Judiciary.
The Senate Committee on the Judiciary considered S. 1236 on
December 15, 2011, and ordered the measure to be reported to
the Senate, without amendment. The Senate Committee on the
Judiciary reported the measure on that same date, with no
written report.
The Senate passed S. 1236, without amendment, by unanimous
consent on January 30, 2012.
S. 1236 was received in the House and held at the Desk on
January 31, 2012.
SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING THE 2007 PASSENGER NAME
RECORD AGREEMENT BETWEEN THE UNITED STATES AND THE EUROPEAN UNION
H. Res. 255
Expressing the sense of the House of Representatives that
effective sharing of passenger information from inbound
international flight manifests is a crucial component of our
national security and that the Department of Homeland Security
must maintain the information sharing standards required under
the 2007 Passenger Name Record Agreement between the United
States and the European Union.
Summary
H. Res. 255 expresses the sense of the House of
Representatives that effective sharing of passenger information
from inbound international flight manifests is a crucial
component of our National security and that the Department of
Homeland Security must maintain the information sharing
standards required under the 2007 Passenger Name Record
Agreement (PNR) between the United States and the European
Union. H. Res. 255 calls for the Department to refute any
attempt to modify the current PNR regime if the modifications
imposed new limitations that materially reduced access by the
United States to PNR data. In May 2011, the Senate passed a
companion resolution, S. Res. 174.
Legislative History
H. Res. 255 was introduced in the House on May 10, 2011, by
Mr.King of New York, and nine original cosponsors, and referred
to the Committee on Homeland Security. Within the Committee,
H. Res. 255 was retained at the Full Committee.
On September 21, 2011, the Committee considered H.Res. 255
and ordered the measure to be favorably reported to the House,
without amendment, by voice vote.
The Committee reported H. Res. 255 to the House on November
4, 2011, as H. Rpt. 112-272.
SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING THE SEPTEMBER 11, 2001,
10TH ANNIVERSARY
H. Res. 391
Expressing the sense of the House of Representatives regarding
the terrorist attacks launched against the United States on
September 11, 2001, on the 10th anniversary of that date.
Summary
Through H. Res. 391, the House of Representatives
recognizes September 11 as a day of solemn commemoration and
extends its deepest sympathies to the innocent victims of the
September 11, 2001 terrorist attacks and their families,
friends, and loved ones.
The resolution further commends the military and
intelligence personnel involved in the removal of Osama bin
Laden and reasserts the commitment to opposing violent
extremism against American interests and to providing the U.S.
military, intelligence, and law enforcement communities with
the resources and support to achieve this.
Legislative History
H. Res. 391 was introduced in the House on September 7,
2011, by Mr.Cantor and Ms.Pelosi, and referred to the Committee
on Oversight and Government Reform, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Transportation and Infrastructure, the Committee on the
Judiciary, the Committee on Homeland Security, and the
Permanent Select Committee on Intelligence.
On September 9, 2011, the House agreed to discharge the
Committee on Oversight and Government Reform, the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee
on Transportation and Infrastructure, the Committee on the
Judiciary, the Committee on Homeland Security, and the
Permanent Select Committee on Intelligence from further
consideration of H. Res. 391, and agreed to the measure by
voice vote.
----------
Oversight Activities of the Committee
CURRENT TERRORIST THREATS
Since September 11, 2001, there have been over 50 plots and
terrorist attacks against the Homeland; two of them successful
in killing innocent Americans. Additionally, law enforcement
officers have arrested dozens of individuals plotting attacks
against the Homeland and our allies. On December 21, 2010, the
Attorney General stated that in the last 2 years there have
been 126 people indicted on terrorism charges, including 50
citizens of the United States. The threat from al-Qaeda and its
affiliates continues to remain extremely high.
On January 24, 2011, the Committee conducted a Member site
visit to the National Counterterrorism Center (NCTC) to educate
Members on the NCTC and receive a threat briefing from the NCTC
Director. The NCTC was established in August 2004 by Executive
Order 13354, and codified by the Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub.L. 108-458). The NCTC
serves as the primary organization within the United States
Government for integrating and analyzing all terrorism-related
intelligence that has a foreign nexus.
On February 9, 2011, the Committee held a hearing entitled
``Understanding the Homeland Threat Landscape Considerations
for the 112th Congress.'' The Committee received testimony from
Hon. Janet Napolitano, Secretary, Department of Homeland
Security; and Hon. Michael E. Leiter, Director, National
Counterterrorism Center.
Throughout the 112th Congress Members of the Committee
received regular monthly classified briefings from NCTC, the
Department of Homeland Security, and the Federal Bureau of
Investigation to stay current on the latest intelligence and
threats to the homeland. The Committee intends to hold regular,
monthly briefings with the Intelligence Community.
On February 18, March 18, June 17, July 22, September 16,
October 22, and November 18, 2011; February 17, March 30, and
May 18, 2012, Committee staff received classified intelligence
briefings from the Department on threats to the Nation's
borders.
On May 25, 2011, the Full Committee held a hearing entitled
``Threats to the American Homeland After Killing Bin Laden: An
Assessment.'' The Committee received testimony from Hon. Lee
Hamilton, Bipartisan Policy Center; Ms.Frances F. Townsend,
Senior Vice President, Worldwide Government, Legal, and
Business Affairs, MacAndrews & Forbes Holdings, Inc; Mr.Peter
Bergen, Director, National Security Studies Program, New
America Foundation; and Mr.Evan F. Kohlmann, Flashpoint Global
Partners.
On September 8, 2011, the Committee held a hearing entitled
``The Attacks of September 11th: Where are We Today.'' The
Committee received testimony from Hon. Lee Hamilton, Former
Vice-Chairman, The National Commission on Terrorist Attacks
Upon the United States; Hon. Tom J. Ridge, Former Secretary of
Homeland Security; and Hon. Eugene L. Dodaro, Comptroller
General of the United States.
On October 11, 2011, Members of the Committee conducted a
site visit of the NCTC and the Office of the Director of
National Intelligence.
The Chair of the Full Committee and the Chair of the
Subcommittee on Counterterrorism and Intelligence sent a letter
to the Secretary of State on March 30, 2012, requesting that
the Nigerian Islamist group Boko Haram be designated as a
Foreign Terrorist Organization. On May 18, 2012, the Chair of
the Full Committee and the Chair of the Subcommittee on
Counterterrorism and Intelligence sent a follow-up letter to
the Secretary of State regarding the Department of State's
inaction on the designation of Boko Haram as a Foreign
Terrorist Organization.
PRESIDENTIAL BUDGET REQUESTS FOR THE DEPARTMENT OF HOMELAND SECURITY
Fiscal Year 2012 Budget Request
As part of the Committee's oversight responsibilities,
Committee staff reviewed the President's budget request for the
Department of Homeland Security for fiscal year 2012, and on
March 3, 2011, the Committee held a hearing entitled ``The
President's fiscal year 2012 Budget Request for the Department
of Homeland Security.'' The Committee received testimony from
Hon. Janet Napolitano, Secretary, Department of Homeland
Security. Based on a Committee staff review of the President's
budget request for fiscal year 2012 and testimony received, the
Committee completed its Views and Estimates of the President's
budget request and submitted them to the House Budget Committee
for its consideration.
FY 2013 Budget Request
On February 15, 2012, the Committee held a hearing entitled
``An Examination of the President's FY2013 Budget Request for
the Department of Homeland Security.'' The Committee received
testimony from Hon. Janet Napolitano, Secretary, Department of
Homeland Security. The Committee completed its Views and
Estimates of the President's budget request and submitted them
to the House Budget Committee for its consideration.
RADICALIZATION
One of the greatest threats facing the homeland is that of
homegrown violent Islamist terrorists who depart from
mainstream Islam and are radicalized to al-Qaeda's violent
ideology. These individuals often have no contact with known
terrorist networks overseas, making it exponentially difficult
for law enforcement to detect these individuals who may be
actively plotting attacks. Interception often requires
cooperation and a partnership from members of the Muslim
community, who may be witnesses to an individual's path toward
radicalization. As part of the Committee's oversight of
domestic radicalization, Committee staff held a series of
meetings with representatives of Federal, State, and local law
enforcement, academia, religious organizations, private sector
entities, and non-profit organizations. The meetings focused on
discussing the current threat of homegrown terrorism and
violent extremism within the United States and what measures
can be taken to address this problem. Briefers included
representatives of the Ahmaddiyya Group, the World Organization
for Resource Development and Education, the Anti-Defamation
League, a former United States attorney with expertise in this
area, representatives from Johns Hopkins University,
representatives from the New York Department of Corrections,
and representatives from the U.S. Bureau of Prisons, among
others.
On March 10, 2011, the Committee held a hearing entitled
``The Extent of Radicalization in the American Muslim Community
and That Community's Response.'' The Committee received
testimony from Hon. John D. Dingell, a Representative in
Congress from the 15th District of Michigan; Hon. Keith
Ellison, a Representative in Congress from the 5th District of
Minnesota; Hon. Frank Wolf, a Representative in Congress from
the 10th District of Virginia; Dr. M. Zuhdi Jasser, President
and Founder, American Islamic Forum for Democracy; Mr.Abdirizak
Bihi, Director, Somali Education and Social Advocacy Center;
Mr.Melvin Bledsoe, Private Citizen; and Sheriff Leroy Baca, Los
Angeles County Sheriff's Department.
One platform for Islamist radicalization is within the U.S.
prison system. In advance of a hearing on radicalization within
the U.S. prison system, Committee staff visited the
Administrative Maximum (ADX) prison in Florence, Colorado in
May 2011. Staff toured the facility and received a briefing on
the on-going security threats at the prison, which houses a
number of former al-Qaeda members and affiliates.
On June 15, 2011, the Committee held the second in the
series of hearings entitled ``The Threat of Muslim-American
Radicalization in U.S. Prisons.'' The Committee received
testimony from Mr.Patrick T. Dunleavy, Ret. Deputy Inspector
General, Criminal Intelligence Unit, New York State Department
of Correctional Services; Mr.Kevin Smith, Former Assistant
United States Attorney, Central District of California;
Mr.Michael P. Downing, Commanding Officer, Counter-Terrorism
and Special Operations Bureau, Los Angeles Police Department;
and Dr. Bert Useem, Department Head and Professor, Sociology
Department, Purdue University.
The Committee held the third in the series of
radicalization hearings on July 27, 2011, ``Al Shabaab:
Recruitment and Radicalization within the Muslim American
Community and the Threat to the Homeland.'' The Committee
received testimony from Mr.Ahmed Hussen, Canadian Somali
Congress National President; Mr.Thomas Joscelyn, Senior Fellow,
Foundation for Defense of Democracies; Mr.William Anders Folk,
Former Assistant United States Attorney, District of Minnesota;
and Mr.Thomas E. Smith, Chief of Police, Saint Paul, Minnesota.
On September 13, 2011, the Full Committee Chair testified
in the United Kingdom before the Home Affairs Committee of the
House of Commons. The Chair responded to an invitation from the
Home Affairs Committee to appear as the first witness to
testify on the Committee's inquiry into the ``Roots of Violent
Radicalisation.'' The Chair presented evidence based upon
findings from the series of hearings held this Congress.
On December 7, 2011, the Committee held a joint hearing
with the Senate Committee on Homeland Security and Governmental
Affairs entitled ``Homegrown Terrorism: The Threat to Military
Communities Inside the United States.'' This hearing was the
fourth in the Committee's series of hearings on radicalization,
and marked the first-ever joint hearing between the House and
Senate Homeland Security Committees since the inception of the
House Committee on Homeland Security in 2005. The Committees
received testimony from Hon. Paul N. Stockton, Assistant
Secretary of Defense for Homeland Defense and Americas'
Security Affairs, Office of Undersecretary of Defense for
Policy, Department of Defense, accompanied by: Mr.Jim
Stuteville, United States Army Senior Advisor,
Counterintelligence Operations and Liaison to the Federal
Bureau of Investigation; LTC Reid L. Sawyer, Director,
Combating Terrorism Center at West Point; and Mr.Daris Long,
Private Citizen.
In advance of the hearing, joint House and Senate Committee
staffs held a number of briefings with Government officials and
experts from this field, including: A counterterror expert and
advisor to the Army Counterintelligence Operations; a
prosecutor in the case against Farooque Ahmed; a U.S. Navy
Medical Service Corps Commander, Middle East Foreign Area
Officer; the Deputy Executive Director of the American Muslim
Armed Forces and Veteran Affairs Council; and representatives
from think tanks.
Committee staff also received a number of official
Government briefings on the terrorist threat to military
communities in the United States. Briefers included: the
Defense Intelligence Agency's Joint Intelligence Task Force-
Combating Terrorism (JITF-CT); the Naval Criminal Investigative
Service (NCIS); the Joint Chiefs of Staff (JCS); the Department
of Homeland Security's Office of Intelligence and Analysis
(I&A); and the Federal Bureau of Investigation (FBI).
In addition to the hearing, the Committee also released a
majority investigative report entitled ``Homegrown Terrorism:
The Threat To Military Communities Inside The United States.''
Additionally, in light of the testimony received, Mr. King of
New York and 12 original cosponsors introduced H.R. 5144 on
April 27, 2012. This legislation allows members of the Armed
Forces who were killed or wounded as a result of a terrorist
attack on US soil to be eligible for the Award of the Purple
Heart. Similar legislation,
S. 2885, was introduced by Senator Lieberman on May 8, 2012.
In addition to the Committee's investigative hearings,
Committee staff have been engaged in oversight of the Federal
Government's efforts to counter radicalization. Committee staff
were briefed by officials from the Department of Homeland
Security, including the Principal Deputy Counterterrorism
Coordinator and Senior Advisor to the Secretary, who has been
directed to serve as the Department's lead on countering
violent extremism (CVE). The Committee's oversight has focused
specifically on the administration's recently released
strategies, entitled ``Empowering Local Partners to Prevent
Violent Extremism in the United States'' and ``Strategic
Implementation Plan for Empowering Local Partners to Prevent
Violent Extremism in the United States.'' In addition,
Committee staff attended the Department's National Countering
Violent Extremism Workshop in August 2011.
The Committee also included two provisions within H.R.3116,
the ``Department of Homeland Security Authorization Act for
Fiscal Year 2012'', to address the administration's efforts to
counter violent extremism. The first provision requires the
Secretary of Homeland Security to designate an official of the
Department to coordinate efforts to counter homegrown violent
Islamist extremism. The second requires the Director of the
Federal Law Enforcement Training Center to report to the House
and Senate Committees on its counter-violent extremism
training.
On December 14, 2011, Committee staff met with
representatives from the Department of Homeland Security and
the White House for a briefing on the administration's
Strategic implementation Plan (SIP) as part of its countering
violent extremism strategy. On April 13, 2012, Committee staff
met with individuals from DHS and the Federal Law Enforcement
Training Center (FLETC) for a briefing on the CVE curriculum
being developed and implemented at FLETC. Committee staff will
continue to monitor this issue closely.
On April 26, 2012, the Chair of the Full Committee sent a
letter to the Deputy Attorney General expressing concerns over
the FBI's revisions of its counterterror training curriculum.
No reply has yet been received.
OVERSIGHT OF WASTE, FRAUD, AND ABUSE
One of the Committee's primary oversight responsibilities
is to ensure that American taxpayer dollars are spent wisely by
eliminating waste, fraud, and abuse. As a result, the Committee
has made it a priority to identify high-risk programs and
ensure transparency within the Department of Homeland Security.
Committee staff held multiple meetings on the Department's
Transformation and Systems Consolidation (TASC) solicitation.
On May 20, 2011, Committee staff met with the Department's
Chief Financial Officer on the Department's decision to cancel
TASC following the Government Accountability Office's
recommendation to reevaluate the requirements. According to the
Department, the Federal Information Technology (IT) policy
changes, as well as advances in IT, altered the requirements
with regard to the scope of work and the need for an already-
integrated finance, acquisition, and asset management solution.
On March 15, 2011, the Subcommittee on Border and Maritime
Security held a hearing entitled, ``Strengthening the Border--
Finding the Right Mix of Personnel, Infrastructure, and
Technology.'' The purpose of this hearing was to review
Department of Homeland Security actions related to the purchase
and deployment of border technology along with personnel and
infrastructure resources.
On May 4, 2011, the Subcommittee on Transportation Security
held a legislative hearing on ``H.R.1690, the MODERN Security
Credentials Act.'' The purpose of the legislation and the
hearing is to address redundant and burdensome security
background checks conducted by the Transportation Security
Administration (TSA) for transportation workers. The bill
eliminates a specific redundancy whereby commercial motor
vehicle operators must undergo two security threat assessments
to gain a Hazardous Materials Endorsement and a Transportation
Worker Identification Credential. During the hearing, witnesses
testified about the burden duplicative processes place on
workers, as well as the cost implications.
On June 16, 2011, the Chair and Ranking Member of the Full
Committee sent a letter to the Administrator of TSA requesting
more information regarding a recent report of racial profiling
by Behavior Detection Officers (BDOs) at Newark Liberty
International Airport.
In response to these management difficulties, the Committee
engaged in other oversight activities aimed at identifying and
addressing waste, fraud, and abuse within the Department. The
Chairs of the Subcommittee on Emergency Preparedness, Response,
and Communications and the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies sent a
letter, on April 5, 2011, to the Secretary of Homeland Security
requesting information on the procurement of detection systems
for biological agents. On May 4, 2011, the Chair of the
Emergency Preparedness, Response, and Communications
Subcommittee and the Chair of the Oversight, Investigations,
and Management Subcommittee sent a letter to the Administrator
of the Federal Emergency Management Agency regarding processes
for vetting employees with access systems in response to a case
of employee embezzlement.
On May 27, 2011, the Chair of the Oversight,
Investigations, and Management Subcommittee and Ranking Member
sent two letters to the Government Accountability Office to
conduct audits of the Department of Homeland Security related
to information technology governance and high-risk information
technology investments. Through this work, the Committee
intends to identify process improvements and potential cost
savings.
Committee Members and staff held a series of meetings with
Federal officials and private sector stakeholders regarding the
Department of Homeland Security's Science and Technology
Directorate. The oversight included a review of the how the
Department could improve technology transfer with other Federal
agencies to enhance capability and reduce costs. In-depth staff
briefings continued on a bi-weekly basis to ensure that the S&T
Directorate activities are addressing critical priorities. The
Under Secretary has also appeared before the Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies to address budget prioritizations going forward.
The Subcommittee on Oversight, Investigations, and
Management held a hearing on March 8, 2012, entitled
``Eliminating Waste, Fraud, Abuse, and Duplication in the
Department of Homeland Security.'' The Subcommittee received
testimony from Hon. James Gilmore III, Former Governor of
Virginia and Chairman of the Congressional Advisory Panel to
Assess Domestic Response Capabilities for Terrorism Involving
Weapons of Mass Destruction; Ms. Cathleen Berrick, Managing
Director, Homeland Security and Justice Issues, Government
Accountability Office; Mr. Charles K. Edwards, Acting Inspector
General, Department of Homeland Security; and Mr. Scott Lilly,
Senior Fellow, Center for American Progress.
The Chair of the Full Committee and the Chair of the
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies sent a letter on April 26, 2012, to the
Comptroller General of the United States regarding the
Department of Homeland Security's Protective Security Advisors.
The letter requested that the Comptroller General address
concerns over the general responsibilities of the Protective
Security Advisors, the vulnerability assessments conducted, or
the possibility of duplication with other Departmental
components conducting separate vulnerability assessments.
PUBLIC SAFETY COMMUNICATIONS
The terrorist attacks of September 11, 2001, highlighted
the fact that our Nation's first responders lack true
interoperable communications. In the 10 years since the
attacks, billions of dollars have been spent, yet public safety
officers are still unable to effectively communicate with one
another.
On February 1, 2011, Committee staff met with
representatives from the Department of Homeland Security's
Office of Emergency Communications (OEC) to receive an update
on OEC's current activities. Staff held a follow-up meeting
with OEC on March 23, 2011 to receive an update on the
completion of Goal 1 of the National Emergency Communications
Plan. Throughout the 112th Congress, Committee staff met with
representatives from various stakeholder organizations and the
private sector, including the Amateur Radio Relay League, to
inform the development and continued discussion of the
Broadband for First Responders Act of 2011 (H.R.607), which was
introduced by the Chair and Ranking Member of the Full
Committee on February 10, 2011.
On March 4, 2011, Committee staff met with representatives
from the Department of Homeland Security to receive a briefing
on the National Communication System. On May 13, 2011,
Committee staff attended a briefing provided by various State
and local stakeholder groups on the need for the allocation of
the D Block to public safety.
The Committee held a hearing on March 30, 2011, entitled
``Public Safety Communications: Are the Needs of Our First
Responders Being Met?'' The Committee received testimony from
Mr.William ``Bill'' D. Carrow, President, The Association of
Public-Safety Communications Officials (APCO) International;
Sheriff Paul H. Fitzgerald, First Vice President, National
Sheriffs' Association; Chief John E. ``Jack'' Parow (Ret.),
President and Chairman of the Board, International Association
of Fire Chiefs; and Mr.Gregory L. Simay, At-Large Director, Los
Angeles Regional Interoperable Communication System. This
hearing reviewed the state of public safety communications, and
evaluated the progress that has been made since the attacks of
September 11, 2001. Issues, such as the need for a National
interoperable public safety wireless broadband network, the
need to reallocate the D Block to public safety uses, and the
coordination between Federal, State, and local partners were
discussed. This hearing provided Committee Members with an
opportunity to hear from State, local, and non-Governmental
officials on their successes and challenges as they work to
prepare for and respond to natural disasters and terrorist
attacks.On February 8, 2012, the Chair of the Full Committee
sent a letter to the Chair of the Senate Committee on Finance,
the Chair of the House Committee on Ways and Means, and Members
of the Committee of Conference on H.R. 3630, the Middle Class
Tax Relief and Job Creation Act of 2012 urging the inclusion of
provisions allocating the D Block to public safety. H.R. 3630
was signed into law on February 22, 2012 (Pub. L. 112-96).
Title VI of the Act, Public Safety Communications and
Electromagnetic Spectrum Action, reallocated the D Block
spectrum to public safety, one of the Committee's primary goals
in the 112th Congress.
MASS TRANSIT SECURITY
An attack on our Nation's mass transit systems could have
devastating consequences for innocent passengers, National
infrastructure, and our economy. Each year, the American public
takes over 10 billion trips on public transit systems,
traveling more than 55 billion miles annually.\1\ An attack on
one system could impact not only the immediately affected
system, but disrupt public transit systems throughout the
United States, thereby affecting the way tens of millions of
citizens get to work every day.
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\1\http://www.apta.com/resources/statistics/Documents/FactBook/
APTA_2010_Fact_Book.
pdf.
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Unlike aviation, mass transit relies on an open
infrastructure with multiple access points and a significantly
higher passenger volume. The tactics and techniques used for
passenger screening in aviation are generally not feasible in
the open environment of a mass transit system. Consequently,
these systems can be an attractive terrorist target. On
February 28, 2011, the Chair of the Full Committee met with
representatives from Amtrak to discuss their rail security
initiatives and security problems.
The Full Committee held a hearing on May 4, 2011, entitled
``Securing Our Nation's Mass Transit Systems Against a
Terrorist Attack.'' The Committee received testimony from Hon.
John S. Pistole, Administrator, Transportation Security
Administration, Department of Homeland Security; Hon. W. Craig
Fugate, Administrator, Federal Emergency Management Agency,
Department of Homeland Security; Mr.Richard Daddario, Deputy
Commissioner for Counterterrorism, New York City Police
Department; Mr.Richard L. Rodriguez, President, Chicago Transit
Authority; and Mr.Daniel O. Hartwig, Deputy Chief-Operations,
BART Police Department, San Francisco Bay Area Rapid Transit
(BART).
As a result of testimony received during the hearing, the
Chair of the Full Committee and Ms. Clarke of New York sent a
joint letter to the Appropriations Committee Homeland Security
Subcommittee on May 6, 2011, requesting $300 million in funding
for the Transit Security Grant Program in fiscal year 2012.
SECURING SENSITIVE INFORMATION
In July 2010, WikiLeaks.org posted thousands of sensitive
and classified military documents on a website. This
intentional release of classified information significantly
jeopardized the lives of U.S. military and intelligence
personnel, as well as jeopardizing National security. The
threat was compounded when WikiLeaks.org, in November 2010,
released another trove of documents which included thousands of
confidential diplomatic cables. As a continuation of the
Committee's oversight from the 111th Congress, the Chair of the
Full Committee sent a letter to the Secretary of the Department
of the Treasury seeking the have WikiLeaks and its founder
designated on the Specially Designated Nationals List on
January 12, 2011.
On May 11, 2011, the Chair of the Full Committee sent a
letter to the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff requesting an explanation of news reports
that the Defense Department may allow terrorist detainees held
at Guantanamo Bay to receive visits from wives and other family
members. The Chair of the Full Committee expressed grave
concern with the potential damage to our National security
posed by the prospect of such visits. The Committee received a
response on June 23, 2011, updating the Committee on the
procedures at Guantanamo Bay, Cuba relating to detainees and
their interactions with family members.
On February 7, 2012, Chair sent a letter to the General
Counsel of the Department of Defense (DoD) regarding concerns
about the disclosure of classified information to al-Qaeda
detainees at Guantanamo Bay, Cuba. While a response was
received, the Committee is still awaiting the information
requested.
The Chair of the Full Committee sent a letter to the
Director of the Federal Bureau of Investigation on May 21,
2012, requesting a full investigation of reported leaks of
highly classified information regarding penetration of al-Qaeda
in the Arabian Peninsula. The requested investigation was to
include the Intelligence Community, the Department of Defense,
the Department of Homeland Security, Federal law enforcement
and the White House, including the National Security staff. The
Chair of the Full Committee expressed concern with implications
of the leaks including the lives of unique intelligence sources
and other being jeopardized, the aborting of operations, and
damage to critical intelligence relationships.
PROSECUTION OF UNINDICTED CO-CONSPIRATORS
On May 27, 2009, the United Stated District Court in
Northern Texas handed down a decision to sentence the Holy Land
Foundation and its leaders on charges of providing material
support to Hamas, a designated foreign terrorist organization.
On April 15, 2011, the Chair of the Full Committee sent a
letter to the Attorney General of the United States to inquire
about the decision to not prosecute the 246 individuals and
organizations named as unindicted co-conspirators in the U.S.
v. Holy Land Foundation. On April 29, 2011, the Committee
received a response.
SEE SOMETHING, SAY SOMETHING
The ``If You See Something, Say Something,'' program
originally implemented by New York City's Metropolitan
Transportation Authority, aims to engage the public and key
frontline employees to identify and report indicators of
terrorism, crime, and other threats to the appropriate
transportation and law enforcement authorities. The Committee
has worked with the Department of Homeland Security, as well as
other Federal, State, local, and private sector entities to
expand the ``If You See Something, Say Something'' campaign. On
January 26, 2011, the Chair of the Full Committee introduced,
H.R.495, the ``See Something Say Something Act of 2011''.
Provisions of H.R. 495 were included in H.R. 3116, the
Department of Homeland Security Authorization Act of 2011. For
further discussion, see H.R. 3116 listed above.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND FIRST RESPONDERS
On April 12, 2011, the Chair of the Full Committee sent a
letter to the Secretary of the Department of Homeland Security
expressing concern over the risk-based and effective allocation
of grant funds for the Urban Area Security Initiative. On April
29, 2011, the Committee received a response.
The Chair of the Full Committee sent two letters to the
Director of National Intelligence and the Director of the
Central Intelligence Agency on April 24, 2012 requesting more
intelligence access and dissemination for first responders. No
replies have yet been received.
Committee staff received, and has requested further,
briefings on the domestic threat of remote-controlled bombs,
pursuant to a request by State and local police bomb squads for
jammer technology.
AVIATION SECURITY
On June 16, 2011, the Chair and Ranking Member of the Full
Committee sent a letter to the Administrator of the
Transportation Security Administration requesting more
information regarding a recent report of racial profiling by
Behavior Detection Officers at Newark Liberty International
Airport.
The Chair of the Full Committee and the Chair Subcommittee
sent a letter on November 15, 2011, to the Assistant Secretary
of Homeland Security for the Transportation Security
Administration.
TERROR THREAT FROM IRAN
The Committee began an investigation into the exposure of
Iran's plot to assassinate the ambassador of the Kingdom of
Saudi Arabia to the United States in Washington, DC. Committee
staff met with a number of experts on this issue, including
representatives from the Foundation for Defense of Democracies
and the American Enterprise Institute. On November 22, 2011,
the Chair of the Full Committee and the Chairs of the
Subcommittee on Oversight, Investigations, and Management, and
the Subcommittee on Counterterrorism and Intelligence sent a
letter to the President requesting a strong and effective
response to Iran's dangerous provocations.
On March 21, 2012, the Committee held a hearing entitled
``Iran, Hezbollah, and the Threat to the Homeland.'' The
Committee received testimony from Mr. Mitchell Silber,
Director, Intelligence Analysis, NYPD Intelligence Division,
New York City Police Department; Mr. Michael A. Braun, Managing
Partner, Spectre Group International, LLC.; Dr. Matthew Levitt,
Director, Stein Program on Counterterrorism and Intelligence,
The Washington Institute for Near East Policy; Mr. Christopher
E. Swecker, Private Citizen, and Dr. Colin Kahl, Associate
Professor, Georgetown University, Senior Fellow, Center for a
New American Security.
In advance of the hearing, Committee staff met with a
number of experts on this issue, including representatives
from, or formerly with, the following organizations: The
Federal Bureau of Investigation's Office of International
Operations; the Center for Law and Counterterrorism at the
Foundation for Defense of Democracies; the Office of the
Secretary of Defense and an Assistant Director for Terrorism
and Financial Intelligence at the U.S. Department of the
Treasury; Georgetown University; the Council on Foreign
Relations; the RAND Corporation; the Bipartisan Policy Center;
and the Director of Central Intelligence.
DOD/CIA INVOLVEMENT IN BIN LADEN MISSION FILM
On August 9, 2011, the Chair of the Full Committee sent a
letter to the Inspectors General of the Department of Defense
(DoD) and the Central Intelligence Agency (CIA) expressing
concern regarding on-going leaks of classified information
concerning sensitive military operations, specifically
allegations that administration officials may have provided
filmmakers with details of the raid that successfully killed
Osama bin Laden. The Chair further requested an investigation
and classified briefing into this matter from the DoD and the
CIA's Inspectors General. On November 17, 2011, Committee staff
met with the Deputy Inspector General, Office of the Inspector
General for Intelligence and Special Program Assessments,
Department of Defense, to discuss further actions the office
plans to take with regard to this issue.
On February 2, 2012, staff requested an update from the
Department of Defense's Inspector General on the investigation
into leaks about the Osama bin Laden raid. To date, the
Committee has not been briefed.
On May 22, 2012, in response to a Freedom of Information
Act request made by Judicial Watch, a Federal judge ordered the
release of electronic communications regarding the cooperation
of the Department of Defense and the Central Intelligence
Agency with the filmmakers of the bin Laden movie. The Chair of
the Full Committee sent letters on May 23, 2012, to the Under
Secretary of Defense for Intelligence and the Deputy Director
of the CIA expressing concern over the central role
Administration officials, including them, played in granting
individuals without appropriate security clearances
unprecedented access to classified and sensitive information.
The Chair further expressed concern that leaks pertaining to
the raid would jeopardize the capabilities of the Special
Operations Forces to eliminate terrorist leaders who pose a
threat to the U.S. Homeland and risk the safety of special
operators and their families.
FUSION CENTERS
In the aftermath of the information-sharing failures of
September 11, 2001, State and local governments, working with
the Department of Homeland Security, established a National
Network of Fusion Centers to facilitate two-way threat
information sharing and enhance counterterrorism partnerships
and analysis. As part of the Committee's oversight, Committee
staff visited 20 of the 77 fusion centers within the National
Network, meeting with State and local law enforcement,
intelligence analysts and other fusion center personnel,
emergency managers, State homeland security advisors,
Department of Homeland Security intelligence officers, reports
officers, intelligence analysits, and regional directors, and
Federal Bureau of Investigation personnel. Additionally,
Committee staff attended the National Fusion Center Training
Event held in Phoenix, Arizona in April 2012.
DETENTION OF AMERICAN CONTRACTORS
The Chair of the Full Committee sent a letter to the Prime
Minister of Iraq and the Secretary of State on December 21,
2011, regarding three American contractors detained in Iraq.
Their release was secured on December 27, 2011.
On January 4, 2012, the Chair sent a letter to the
Secretary of State regarding concerns over the Department's
inadequate response to the detention of American contractors in
Iraq. The Department of State replied on January 24, and
subsequently a follow-up letter was sent on February 21, 2012,
and a response was received on March 15, 2012.
ANWAR AL-AWLAKI
On May 26, 2011, the Chair of the Full Committee sent a
letter to the Attorney General of the United States requesting
documents and case files related to al-Qaeda in the Arabian
Peninsula (AQAP) terrorist Anwar al-Awlaki and his possible
involvement in the planning and execution of the September 11,
2001 terrorist attacks.
On October 25, 2011, the Chair of the Full Committee sent
letters to the Director of the Defense Intelligence Agency, the
Secretary of Homeland Security, the Secretary of State, and the
Attorney General of the United States seeking an investigation
into the roles of Anwar al-Awlaki, Eyad al-Rababah, and Daoud
Chehazeh in facilitating the attacks of September 11, 2011.
The Chair of the Full Committee and Committee staff
received classified briefings in February and March 2012 from
the Federal Bureau of Investigation on Anwar al-Awlaki's
possible role in the attacks of September 11, 2001.
On February 16, and March 15, 2012, the Chair of the Full
Committee and the Committee Staff received classified briefings
from the Federal Bureau of Investigation on Anwar al-Awlaki's
possible role in the attacks of September 11.
Committee staff met with lawyers from law firms
representing clients on April 11, 2012, to discuss an on-going
lawsuit against the Kingdom of Saudi Arabia over compensation
for families of the 9/11 victims. In addition, Committee staff
spoke with former Senator Bob Graham (who co-Chaired the Joint
Intelligence Committee Inquiry into the 9/11 attacks) and
former Senator Bob Kerry concerning unresolved aspects of the
9/11 investigation.
UNITED STATES SECRET SERVICE
On April 19, 2012, the Committee Chair initiated an
investigation into an alleged incident involving United States
Secret Service's personnel and foreign nationals in Cartagena,
Colombia. The investigation is on-going.
The Chair of the Full Committee sent a letter to the
Director of the Secret Service on April 20, 2012, with
questions relating to the alleged incident in Cartagena,
Colombia. On May 1, 2012, the Committee received a response
letter from the USSS.
On May 4, 2012, Committee staff received a briefing from
multiple representatives from the USSS and the Department of
Homeland Security to provide additional information in response
to the April 20 letter.
The Chair of the Full Committee sent a letter to the
Secretary of State on May 15, 2012, requesting that three State
Department personnel on the ground in Colombia would be made
available to the Committee for its investigation.
WEAPONS OF MASS DESTRUCTION
On June 1, 2012, the Committee on Homeland Security held a
Member-Only briefing on the threat from weapons of mass
destruction, including baseline assessments and any recent
threat information on chemical, biological, radiological, and
nuclear weapons. Representatives from the Central Intelligence
Agency, the Defense Intelligence Agency, the Federal Bureau of
Investigation Weapons of Mass Destruction Directorate, the
National Counterterrorism Center, the National Guard Bureau of
the Department of Defense, and the New York City Police
Department were present to respond to Member questions.
CONGRESSIONAL DELEGATIONS
CODEL Rogers (March 20-27, 2011)
From March 20 through March 27, 2011, the Subcommittee on
Transportation Security Chair led a Congressional Delegation to
the State of Israel to examine critical homeland security
issues including aviation security, counterterrorism,
intelligence and information sharing, and border security.
Members had the opportunity to meet with U.S. State Department
officials stationed in Israel and Israeli government officials,
including the Prime Minister and Deputy Prime Minister of
Israel. Members examined various topics including, but not
limited to: U.S. relations with Israel; Israel's nuclear
program; Israeli security; counterterrorism; information
sharing; border security; and on-going threats to the region.
Members also visited Ben Gurion International Airport, the
largest and busiest airport in Israel, to observe aviation
security measures and discuss cooperation on security.
CODEL McCaul (November 4-11, 2011)
From November 4 through 11, 2011, the Subcommittee on
Oversight, Investigations, and Management Chair led a
Congressional Delegation to the Islamic Republic of
Afghanistan, the Islamic Republic of Pakistan, the Republic of
Turkey, and the Republic of Iraq. Members on the trip examined
counterterrorism efforts including general threats to the U.S.
Homeland; reviewed the Department of Homeland Security overseas
presence, including port security; examined local and regional
threats; and met with foreign officials.
As a result of information garnered during the CODEL, the
Subcommittee on Oversight, Investigations, and Management Chair
sent a letter to the National Security Advisor to the
President, requesting the administration consider several
observations and recommendations from the trip, which would
enhance National security.
CODEL King (February 19-22, 2012)
From February 19 through 22, 2012, the Chair of the Full
Committee visited the United Kingdom as part of an effort to
examine security and counterterror issues related to the 2012
Summer Olympics. During the trip, the Full Committee Chair met
with various intelligence and counterterrorism officials,
including: The U.S. Ambassador to the Court of Saint James; a
British Security Service official responsible for counterterror
investigations (which included a tour of the Olympic site); the
Director General of the British Security Service; the British
Secret Intelligence Service; the Commissioner of the
Metropolitan Police; officials from the U.S. Embassy in London;
and member of the British Special Forces.
CODEL Rogers (March 31-April 6, 2012)
From March 31 through April 6, 2012, the Chair of the
Subcommittee on Transportation Security led a Congressional
Delegation to the People's Republic of China, South Korea, and
Japan, to examine critical transportation infrastructure and
security in these countries, and gain an in-depth first-hand
perspective on commercial and passenger transportation security
issues that impact U.S. National security and the economy.
----------
Full Committee Hearings Held
``Understanding the Homeland Threat Landscape--Considerations
for the 112th Congress.'' February 9, 2011. (Serial No.
112-1)
``The President's FY 2012 Budget Request for the Department of
Homeland Security.'' March 3, 2011. (Serial No. 112-6)
``The Extent of Radicalization in the American Muslim Community
and That Community's Response.'' March 10, 2011.
(Serial No. 112-9)
``Public Safety Communications: Are the Needs of Our First
Responders Being Met?'' March 30, 2011. (Serial No.
112-13)
``Securing Our Nation's Mass Transit Systems Against a
Terrorist Attack.'' May 4, 2011. (Serial No. 112-22)
``Threats to the American Homeland After Killing Bin Laden: An
Assessment.'' May 25, 2011. (Serial No. 112-9)
``The Threat of Muslim-American Radicalization in U.S.
Prisons.'' June 15, 2011. (Serial No. 112-9)
``Al Shabaab: Recruitment and Radicalization within the Muslim
American Community and the Threat to the Homeland.''
July 27, 2011. (Serial No. 112-9)
``The Attacks of September 11th: Where are We Today?''
September 8, 2011. (Serial No. 112-42)
``Homegrown Terrorism: The Threat to Military Communities
Inside the United States.'' December 7, 2011. Joint
hearing with the Senate Committee on Homeland Security
and Governmental Affairs. (Serial No. 112-63)
``An Examination of the President's FY 2013 Budget Request for
the Department of Homeland Security.'' February 15,
2012. (Serial No. 112-69)
``Iran, Hezbollah, and the Threat to the Homeland.'' March 21,
2012. (Serial No. 112-80)
Subcommittee on Cybersecurity, Infrastructure Protection, and Security
Technologies
Daniel E. Lungren, California, Chairman
Tim Walberg, Michigan
Patrick Meehan,
Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex
Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies held 15 hearings, receiving testimony
from 60 witnesses, and considered three measures.
----------
Legislative Activities of the Subcommittee
CHEMICAL FACILITY ANTI-TERRORISM SECURITY AUTHORIZATION ACT OF 2011
H.R.901
To amend the Homeland Security Act of 2002 to codify the
requirement that the Secretary of Homeland Security maintain
chemical facility anti-terrorism security regulations.
Summary
The Secretary of the Department of Homeland Security
currently has authority to regulate chemical facilities under
the Chemical Facility Anti-Terrorism Standards (CFATS) issued
pursuant to section 550 of the Department of Homeland Security
Appropriations Act, 2007 (Pub.L. 109-295). H.R.901 codifies the
Secretary's authority to regulate chemical facility security
within the Homeland Security Act of 2002 and extend this
authority for 7 years to allow the program to be fully
implemented and achieve its objectives of enhancing chemical
facility security and reducing risks of terrorism. The
provisions contained in H.R.901 largely reflect the original
statute, i.e. Section 550, and will enable the Department of
Homeland Security and chemical facilities to continue
implementing CFATS uninterrupted using the existing risk-based,
performance-based approach without imposing additional,
burdensome requirements that could slow or hinder progress
being made by both the Department and the chemical facilities.
H.R.901 is intended to provide long-term certainty to the
Department and chemical facilities regarding the requirement to
improve security at our Nation's chemical facilities while
preserving the ability of American companies to compete, remain
innovative, and create jobs.
Legislative History
H.R.901 was introduced in the House on March 3, 2011, by
Mr.Daniel E. Lungren of California and eight original
cosponsors, and referred to the Committee on Homeland Security,
and in addition to the Committee on Energy and Commerce. Within
the Committee, H.R.901 was referred to the Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies.
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies considered H.R.901 on
April 14, 2011, and ordered the measure to be favorably
reported to the Full Committee, without amendment, by a roll
call vote of 6 yeas and 4 nays.
On June 22, 2011, the Committee on Homeland Security met to
consider H.R.901 and ordered the measure to be reported to the
House, amended, by voice vote.
The Committee filed a report on H.R.901 in the House on
September 26, 2011, as H. Rpt. 112-224, Pt. 1. Referral of the
bill to the Committee on Energy and Commerce was extended on
September 26, 2011, for a period ending not later than November
11, 2011. Referral of the bill to the Committee on Energy and
Commerce was extended on November 11, 2011, for a period ending
not later than January 6, 2012. Referral of the bill to the
Committee on Energy and Commerce was extended on January 6,
2012, for a period ending not later than January 20, 2012.
Referral of the bill to the Committee on Energy and Commerce
was extended on January 20, 2012, for a period ending not later
than March 1, 2012. Referral of the bill to the Committee on
Energy and Commerce was extended on March 1, 2012, for a period
ending not later than March 9, 2012. Referral of the bill to
the Committee on Energy and Commerce was extended on March 9,
2012, for a period ending not later than June 8, 2012.
WMD PREVENTION AND PREPAREDNESS ACT OF 2011
H.R.2356
To enhance homeland security by improving efforts to prevent,
protect against, respond to, and recover from an attack with a
weapon of mass destruction, and for other purposes.
Summary
H.R. 2356 enhances homeland security by improving efforts
to prevent, protect against, respond to, and recover from an
attack with a weapon of mass destruction (WMD), and for other
purposes. The bill addresses the range of actions necessary to
counter the WMD threat as identified through the Committee on
Homeland Security's oversight work and the recommendations of
the Commission on the Prevention of WMD Proliferation and
Terrorism in its report, ``World At Risk.'' The approach is to
include all aspects of the preparedness framework--prevention,
protection, response, and recovery--for chemical, biological,
radiological, and nuclear attacks and incidents.
Legislative History
111th Congress
H.R. 5498 was introduced in the House on March 15, 2010, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, Ms. Clarke, and Mr. Daniel E. Lungren of
California and referred to the Committee on Homeland Security,
and in addition to the Committee on Energy and Commerce, the
Committee on Agriculture, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence. Within the
Committee, H.R. 5498 was referred to the Subcommittee on
Emerging Threats, Cybersecurity, and Science and Technology.
On June 15, 2010, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held a hearing on
H.R. 5498, the ``WMD Prevention and Preparedness Act of 2010.''
The Subcommittee received testimony from Sara (Sally) T.
Beatrice, PhD, Assistant Commissioner, Public Health
Laboratory, Department of Health and Mental Hygiene, City of
New York; Randall S. Murch, PhD, Associate Director, Research
Program Development, National Capital Region, Virginia
Polytechnic Institute and State University; Robert P. Kadlec,
MD, Vice President, Global Public Sector, PRTM Management
Consulting; and Julie E. Fischer, PhD, Senior Associate, Global
Health Security Program, Henry L. Stimson Center.
On June 23, 2010, the Full Committee considered H.R. 5498
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by a recorded vote of 26
yeas and 0 nays (Roll Call Vote No. 24).
On November 17, 2010, the Chair of the House Permanent
Select Committee on Intelligence sent a letter to the Chair of
the Committee on Homeland Security indicating that, in order to
expedite consideration of the measure by the full House, the
Permanent Select Committee on Intelligence would agree to not
seek a sequential referral of H.R. 5498. On that same date, the
Chair of the Committee on Homeland Security responded and
agreed to the waiving of the sequential referral and agreeing
to request to seek appointments of Conferees should a House-
Senate Conference be convened. On November 18, 2010, the Chair
of the Committee on Foreign Affairs sent a letter to the Chair
of the Committee on Homeland Security agreeing that, in order
to expedite consideration of the measure by the full House, the
Committee would waive consideration of H.R. 5498. On that same
date, the Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on Foreign Affairs
acknowleding the jurisdictional interests of the Committee on
Foreign Affairs.
The Committee on Homeland Security reported H.R. 5498 to
the House on November 18, 2010, as H. Rept. 111-659, Pt. I.
Subsequently, the Committee on Agriculture, the Committee
on Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence were discharged from further consideration of H.R.
5498.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on November 18, 2010, for a period ending
not later than December 3, 2010. The referral of H.R. 5498 to
the Committee on Energy and Commerce was extended on December
3, 2010, for a period ending not later than December 17, 2010.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on December 17, 2010, for a period ending
not later than December 21, 2010.
112th Congress
H.R. 2356 was introduced in the House on June 24, 2011, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, and eight original cosponsors, and referred to the
Committee on Homeland Security, and in addition to the
Committee on Energy and Commerce, the Committee on
Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence. Within the Committee, H.R. 2356 was referred to
the Subcommittee on Cybersecurity, Infrastructure Protection,
and Security Technologies and the Subcommittee on Emergency
Preparedness, Response, and Communications.
The Chair discharged the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications from further consideration of H.R. 2356 on May
9, 2012.
The Full Committee considered H.R. 2356 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
FEDERAL PROTECTIVE SERVICE REFORM AND ENHANCEMENT ACT
H.R.2658
To amend the Homeland Security Act of 2002 to enhance the
ability of the Federal Protective Service to provide adequate
security for the prevention of terrorist activities and for the
promotion of homeland security, and for other purposes.
Summary
The Government Accountability Office (GAO) issued a series
of scathing reports highlighting deficiencies in the ability of
the Federal Protective Service (FPS) to protect Federal
facilities, specifically with regard to ability of FPS to
provide proper oversight over contract guards and provide
sufficient training [GAO-11-705R, GAO-11-554, GAO-11-492, and
GAO-11-813T]. H.R. 2658 will improve security at Federal
facilities by directing the Secretary of Homeland Security to
establish minimum training standards, improve systems for
verifying guard certifications, and standardize training. The
legislation requires the FPS to provide at least 16 hours of X-
ray and magnetometer training before a guard may stand post. It
also requires the Secretary to submit to Congress a 5-year
staffing needs plan designed to addressing GAO's concerns that
FPS is unable to focus on its long-range needs. Further, the
bill authorizes FPS to conduct a covert testing program to test
guard competency and training. The legislation also establishes
baseline standards for contracts for security services,
establishes a toll-free hotline to report security violations,
and requires the Secretary to establish a standardized list of
items to be prohibited from entering a Federal facility.
Legislative History
H.R.2658 was introduced in the House on July 26, 2011, by
Mr.Daniel E. Lungren of California, and referred to the
Committee on Transportation and Infrastructure, and in addition
to the Committee on Homeland Security. Within the Committee,
H.R.2658 was referred to the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies.
On July 28, 2011, the Subcommittee considered H.R.2658 and
ordered the measure reported to the Full Committee for
consideration, with a favorable recommendation, amended, by
voice vote.
PROMOTING AND ENHANCING CYBERSECURITY AND INFORMATION SHARING
EFFECTIVENESS ACT OF 2011
H.R. 3674
To amend the Homeland Security Act of 2002 to make certain
improvements in the laws relating to cybersecurity, and for
other purposes.
Summary
This measure provides authority for the Department of
Homeland Security to perform its current cybersecurity mission,
provides personnel authority, authorizes the National
Cybersecurity and Communications Integration Center at the
Department of Homeland Security and authorizes cybersecurity
research and development activities.
Legislative History
H.R. 3674 was introduced in the House on December 15, 2011,
by Mr.Daniel E. Lungren of California and 11 original
cosponsors, and referred to the Committee on Homeland Security,
and in addition to the Committee on Oversight and Government
Reform, the Committee on Science, Space, and Technology, the
Committee on the Judiciary, and the House Permanent Select
Committee on Intelligence. Within the Committee, H.R. 3674 was
referred to the Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies.
On February 1, 2012, the Subcommittee considered H.R. 3674
and ordered the measure reported to the Full Committee for
consideration, with a favorable recommendation, amended, by
voice vote.
The Committee on Homeland Security considered H.R. 3674 on
April 18, 2012, and ordered the measure to be reported to the
House with a favorable recommendation, amended, by a recorded
vote of 16 yeas and 13 nays.
On April 20, 2012, the Chair of the Committee on Homeland
Security sent letters to the Chairs of the Committee on the
Judiciary, the Committee on Oversight and Government Reform,
and the Chair of the House Permanent Select Committee on
Intelligence requesting that, in order to expedite
consideration on the House Floor, the Committees be discharged
from further consideration of H.R. 3674. On that same date, the
Chair of the Committee on Oversight and Government Reform sent
a letter to the Chair of the Committee on Homeland Security
agreeing to waive further consideration of H.R. 3674. The
Chairs of the Committee on the Judiciary and the House
Permanent Select Committee on Intelligence sent letters to the
Chair of the Committee on Homeland Security on April 23, 2012,
agreeing to waive further consideration of
H.R. 3674.
TO AUTHORIZE, ENHANCE, AND REFORM CERTAIN PORT SECURITY PROGRAMS
THROUGH INCREASED EFFICIENCY AND RISK-BASED COORDINATION WITHIN THE
DEPARTMENT OF HOMELAND SECURITY
H.R. 4251
To authorize, enhance, and reform certain port security
programs through increased efficiency and risk-based
coordination within the Department of Homeland Security, and
for other purposes.
Summary
The purpose H.R. 4251 is to expand and update the Security
and Accountability For Every Port Act of 2006 (SAFE Port Act
Pub.L. 109-347) by enhancing security measures overseas before
threats reach U.S. shores, to foster a collaborative
environment between Customs and Border Protection and the U.S.
Coast Guard in sharing port security duties, and to leverage
the maritime security work of trusted allies of the U.S. such
as the United Kingdom, Canada, and New Zealand.
H.R. 4251 is based upon three fundamental themes: (1)
Encouraging Department of Homeland Security (DHS) components
with shared jurisdiction to cooperate in maritime operations
and partner with State and local law enforcement agencies to
enhance the Nation's maritime security; (2) securing the supply
chain through the use of risk-based methodology; and (3)
finding cost savings through increased collaboration with
international, Federal, State, and local partners.
Key provisions in the bill include: (1) A Port Security
Grant Program management provision that sets timelines for
responses that DHS and the Federal Emergency Management Agency
(FEMA) must provide in regards to Port Security Grant
Applications; (2) authorizing the Coast Guard and Royal
Canadian Mounted Police maritime Shiprider program, including
funding of $2 million per year, which is the current level of
funding for the program; (3) port security training program
with accredidation from the Federal Law Enforcement Training
Center; and (4) requiring DHS to publish its spending
regulations regarding Transportation Worker Identification
Credential readers and including a firm deadline of December
31, 2014, for full deployment of readers.
Legislative History
H.R. 4251 was introduced in the House on March 22, 2012, by
Mrs. Miller of Michigan, Mr. King of New York, Mr. Cuellar, Mr.
McCaul, and Mr. Clarke of Michigan, and referred to the
Committee on Homeland Security. Within the Committee, H.R. 4251
was referred to the Subcommittee on Border and Maritime
Security.
The Subcommittee considered H.R.4251 on March 26, 2012, and
favorably reported the measure to the Full Committee, amended,
by voice vote.
The Committee considered H.R. 4251 on June 6, 2012, and
ordered the measure to the favorably reported to the House,
amended, by voice vote.
----------
Oversight Activities of the Subcommittee
CHEMICAL SECURITY
On February 11, 2011, the Subcommittee held a hearing
entitled ``Preventing Chemical Terrorism: Building a Foundation
of Security at Our Nation's Chemical Facilities.'' This hearing
reviewed the Department of Homeland Security's (DHS) risk-based
efforts to strengthen the security of hundreds of chemical
facilities around the Nation; assessed progress of the Chemical
Facility Anti-Terrorism Standards (CFATS) implementation;
examined actions that DHS and chemical facilities have taken to
date under the CFATS regulations and discussed near-term steps
to strengthen the program going forward in order to reach
longer-term goals; and examined whether the Department's
approach is striking an appropriate balance between
strengthening security and enabling growth in this vital sector
of our economy. The Subcommittee received testimony from Hon.
Rand Beers, Under Secretary, National Protection and Programs
Directorate, Department of Homeland Security; Mr.Timothy J.
Scott, Chief Security Officer, The Dow Chemical Company,
testifying on behalf of the American Chemistry Council; Dr. M.
Sam Mannan, PhD, PE, CSP, Regents Professor and Director, Mary
Kay O'Connor Process Safety Center, Texas A&M University
System; and Mr.George S.Hawkins, General Manager, District of
Columbia Water and Sewer Authority.
Committee staff participated in numerous meetings,
including conferences, with CFATS stakeholders. Committee staff
met with various representatives from the private sector in
addition to Federal Government entities impacted, or
prospectively impacted, by CFATS including the DHS National
Protection and Programs Directorate, the U.S. Coast Guard, the
Environmental Protection Agency, and the Nuclear Regulatory
Commission.
On May 11, 2011, the Chair of the Full Committee sent a
letter to the Speaker of the House requesting a referral of
H.R.908, the Full Implementation of the Chemical Facility Anti-
Terrorism Standards Act, which was referred to the Committee on
Energy and Commerce, based on the jurisdiction of the Committee
on Homeland Security on CFATS matters.
These oversight activities led to the introduction of
H.R.901, discussed above, and will continue to inform the
Committee's legislative and oversight priorities related to
CFATS implementation. In addition, Committee staff will
continue to monitor the development of ammonium nitrate
regulations as required by the Secure Handling of Ammonium
Nitrate Act, Section 563 of the fiscal year 2008 Department of
Homeland Security Appropriations Act (Pub.L. 110-161).
In response to the contents of a leaked internal memo which
revealed management and implementation problems within the
CFATS program, on January 11, 2012, the Subcommittee held a
bipartisan, bicameral staff briefing with program leadership on
the contents of the memo and the Department's plan to address
the issues contained therein.
On February 8, 2012, the Subcommittee held a Member
briefing on Chemical Facilities Anti-Terrorism Standards
(CFATS). Members were briefed on the challenges CFATS faces to
its complete implementation, including those identified in a
leaked internal memo by representatives from the National
Protection and Programs Directorate (NPPD) of the U.S.
Department of Homeland Security.
In February 2012, the Chair of the Subcommittee sent two
requests for study of the CFATS program to the Government
Accountability Office (GAO). The first, sent on February 17,
2012 requested an analysis of the chemical facility tiering
process. The second was sent on February 28, 2012 and asked for
analysis of the roles of unions and contractors in the employ
of the CFATS program. Similar letters were sent from the Chair
of the Subcommittee to the Undersecretary of the National
Protection and Programs Directorate (NPPD).
In response to concerns about an Environmental Protection
Agency (EPA) decision to post the locations and inventory of
chemical facilities, the Chair of the Subcommittee sent a
letter to the EPA Administrator questioning the decision. The
potential rulemaking was subsequently abandoned.
The Subcommittee held a hearing on March 6, 2012, entitled
``The Chemical Facilities Anti-Terrorism Standards Program:
Addressing Its Challenges and Finding a Way Forward.'' The
Subcommittee received testimony from Hon. Rand Beers, Under
Secretary, National Protection and Programs Directorate,
Department of Homeland Security; Ms. Penny J. Anderson,
Director, Infrastructure Security Compliance Division, Office
of Infrastructure Protection, Department of Homeland Security;
Mr. David Wulf, Deputy Director, Infrastructure Security
Compliance Division, Office of Infrastructure Protection,
Department of Homeland Security; Mr. Bill Allmond, Vice
President, Government and Public Relations, Society of Chemical
Manufacturers and Affiliates; Mr. Timothy J. Scott, Chief
Security Officer and Corporate Director, Emergency Services and
Security, Dow Chemical; and Mr. David L. Wright, President,
American Federation of Government Employees Local 918. This
hearing provided Members with information concerning the
management and administration problems in the program. The
Subcommittee further requested that the Department provide
Members with a quarterly update on the progress of the program.
During the month of April 2012 Committee staff had numerous
meetings with private industry interests on the status and
progress of the CFATS program. This included briefings and
updates on industry's interactions with the Department and
whether those interactions were within the spirit of the CFATS
public-private partnership model. Other meetings were subject
matter specific. Those included discussions on the status of
the personnel surety component of CFATS and the disputed fuel
mixtures rule.
On May 31, 2012, the Subcommittee Members received an
update on the status of the CFATS program. Representatives from
the National Protection and Programs Directorate (NPPD) of the
U.S. Department of Homeland Security (DHS) responded to Member
concerns and provided an update on the progress CFATS'
management has taken to correct management and personnel
problems identified during March 6 Subcommittee hearing.
NUCLEAR REACTOR FACILITY SECURITY
On March 11, 2011, an earthquake and tsunami struck Japan
causing a nuclear emergency at the Fukushima Daiichi Nuclear
Power Station and a global impact on the nuclear sector.
Committee staff examined the integrated effort of numerous U.S.
Government agencies to support Japan's effort to respond to
this event. The lessons learned were applied to nuclear
security activities in the United States as well as the
appropriate role of the Department of Homeland Security (DHS)
of better preparing the nuclear sector for extreme events,
including terrorist attacks.
On March 25, 2011, Committee staff conducted a site visit
to the Calvert Cliffs Nuclear Power Plant on the Chesapeake Bay
in Lusby, Maryland. This facility is owned by Constellation
Energy and located approximately 50 miles southeast of
Washington, DC. The trip provided staff with an opportunity to
observe nuclear power plant security measures (physical
security, cybersecurity, and personnel security) to determine
how the facility interacts with the Department of Homeland
Security and State and local first responders to address
vulnerabilities and respond to a potential attack or accident
at the facility. The Committee will continue to examine what
steps the Nation's nuclear energy industry is taking to ensure
the safe and secure operation of facilities in light of the
events in Japan.
Committee staff toured the Nuclear Regulatory Commission
(NRC) Emergency Operations Center on May 6, 2011, and received
briefings on the mission, goals, and functions of the NRC and,
specifically, on the NRC Emergency Preparedness and Response
Program and the NRC's security policy and operations to ensure
NRC-regulated nuclear facilities remain among the Nation's most
secure critical infrastructures. Partnerships between the NRC
and the DHS Federal Emergency Management Agency, the Domestic
Nuclear Detection Office, the National Protection and Programs
Directorate, and State and local entities were explored.
On May 12, 2011, Committee staff met with representatives
from the Indian Point Energy Center, a nuclear energy plant in
Buchanan, New York, situated along the Hudson River,
approximately 25 miles north of Manhattan. These
representatives provided their perspective on the implications
of the events at Fukushima for the U.S. nuclear energy
industry, as well as a detailed overview of the multiple
barriers and redundant systems in place to prevent and prepare
for such an event whether due to natural causes or potential
terrorist attacks.
WEAPONS OF MASS DESTRUCTION
Weapons of mass destruction (WMD) pose a daunting challenge
to homeland security because of their great potential to cause
catastrophic consequences. Terrorists actively seek to acquire,
build, and use such weapons and technologies. Dangerous
chemical, biological, radiological, and nuclear (CBRN)
materials, technology, and knowledge, often dual-use, circulate
with ease in our global economy and are controlled unevenly
around the world, making it difficult to limit their access and
movement and ultimately prevent terrorist acts. The Commission
on the Intelligence Capabilities of the United States Regarding
Weapons of Mass Destruction (WMD Commission) has released
several reports in recent years detailing that these agents
remain a threat, and that biological and nuclear weapons in
particular are most concerning. In the 111th Congress, Mr. King
of New York and Mr. Pascrell introduced bipartisan legislation
focused on achieving success in countering the WMD threat
(H.R.5057).
During the 112th Congress, the Committee has continued to
examine efforts across the Federal Government aimed at
expanding and strengthening capabilities to prevent, detect,
protect against, mitigate, respond to, and recover from such
attacks. Committee staff met with stakeholders involved in
activities across the spectrum of WMD defense to keep Members
informed of advances being made, as well as gaps that persist.
Additionally, Mr. Pascrell, the Chair of the Full Committee,
and nine current Members of the Committee on Homeland Security
introduced H.R. 2356 on June 24, 2011.
On March 31, 2011, the Chair of the Subcommittee sent a
letter to the Committee on Appropriations' Subcommittee on
Homeland Security urging continued support for appropriations
for radiological and nuclear transformational research and
development within the Domestic Nuclear Detection Office's
(DNDO) budget, instead of transferring this portfolio to the
Science and Technology Directorate per the President's budget
request, to enable DNDO to continue carrying out its activities
as authorized under the SAFE Port Act of 2006 (Pub.L. 109-347).
On April 5, 2011, the Chair of the Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies and the Chair and Ranking Member of the
Subcommittee on Emergency Preparedness, Response, and
Communications sent a letter to the Secretary of Homeland
Security requesting responses related to the procurement of
Generation-3 BioWatch detection systems. The response was
deemed inadequate to assure the Committee that the Department's
decisions to-date on the Gen-3 procurement are the product of a
sound acquisition process and based on valid science, and
whether, going forward, the Department has in place the tools,
technical expertise, and acquisition policies and procedures to
effectively support the successful delivery of the needed rapid
biodetection capability. As such, the Subcommittee Chairmen
requested on November 17, 2011, that the Government
Accountability Office investigate further.
Committee staff observed the Securing the Cities (STC)
full-scale exercise in New York City, New York (NYC) on April
7, 2011. STC is a successful initiative by DNDO to reduce the
risk of a radiological or nuclear attack on the NYC region by
enhancing regional capabilities to detect, identify, and
interdict illicit radioactive materials. STC involves 13
principal partners coordinated through the New York City Police
Department (NYPD). The exercise served as a milestone to assess
the effectiveness of the program to-date. Ultimately, DHS
envisions utilizing the detection and interdiction architecture
implemented in NYC as a template for radiological and nuclear
protection of other cities in the United States. During the
exercise, Committee staff toured the Lower Manhattan Security
Coordination Center and learned of the NYC infrastructure being
protected by STC; visited the NYPD Emergency Operations Center
to observe regional cooperation and real-time information
sharing among Federal, State, county, and city agencies in the
tri-State area; and observed the exercise at multiple choke
points including land and sea to view fixed, mobile, maritime,
and human-portable radiation detection systems in use.
In addition to the STC exercise, DNDO conducted an external
assessment of the STC program. On May 5, 2011, Committee staff
received a briefing from the STC Strategic Assessment Team led
by experts from Oak Ridge National Laboratory, Lawrence
Livermore National Laboratory, and the University of Tennessee.
The assessment concluded that the STC initiative is a valuable,
worthwhile program that should be completed in the New York
City region and, in parallel, expanded to other cities in a
phased approach.
Since the beginning of the 112th Congress, Committee staff
participated in numerous meetings with DNDO and radiological/
nuclear defense stakeholders to ensure that Members were
informed and in a position to conduct appropriate oversight. In
particular, Committee staff received a briefing from senior
officials on the Global Nuclear Detection Architecture
Strategic Plan delivered in December 2010 and discussed next
steps in developing Implementation Plans.
In addition, representatives from the National Academy of
Sciences (NAS) briefed staff on the Academy's 2011 report,
``Evaluating Testing, Costs, and Benefits of Advanced
Spectroscopic Portals (ASPs).'' The DNDO subsequently provided
the Committee with information on how it is addressing the
recommendations from NAS on the ASP program. On July 25, 2011,
the DNDO Director notified the Committee of the termination of
the ASP program and on August 9, 2011, the DNDO briefed
Committee staff on the plan going forward.
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies, Subcommittee on
Counterterrorism and Intelligence, and Subcommittee on
Emergency Preparedness, Response, and Communications held a
joint classified Member briefing on the present and evolving
threat of WMD terrorism on May 13, 2011. Representatives from
the Office of the Director of National Intelligence, National
Counterterrorism Center (NCTC), and the National Counter
Proliferation Center (NCPC) briefed Members on terrorist
intent, capability, and plans to develop, acquire, and use CBRN
weapons. This information will provide the foundational
underpinning for the Committee's future legislative and
oversight activities to address shortfalls in National WMD
preparedness.
On June 23, 2011, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications held a joint hearing, prior to introduction, on
H.R. 2356, the ``WMD Prevention and Preparedness Act of 2011.''
The Subcommittees received testimony from Hon. William J.
Pascrell, Jr., a Representative in Congress from the 8th
District of New Jersey; Senator Jim Talent, Vice Chairman, The
Bipartisan WMD Center; Dr. Robert P. Kadlec, Former Special
Assistant to the President for Biodefense; and Mr.Richard H.
Berdnik, Sheriff, Passaic County, New Jersey. Following the
hearing, Mr. Pascrell and 10 current Members of the Committee
on Homeland Security introduced
H.R. 2356 on June 24, 2011. H.R. 2356 was referred to the
Committee on Homeland Security, the Committee on Energy and
Commerce, the Committee on Transportation and Infrastructure,
the Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence.
Between June and December 2011, Committee staff met with
stakeholders, including Federal officials and the private
sector, to examine progress in the development of alternatives
to Helium-3 for radiation detection equipment. On September 23,
2011, DHS officials provided an update to Committee staff on
the recent outcome of tests on alternative neutron detection
technology and plans going into FY2012. Throughout the 112th
session, Committee staff will continue to assess progress
toward replacement technologies that address the Helium-3
shortage.
Throughout the month of July 2011, Committee staff attended
a seminar series entitled ``Nuclear Weapons and Nuclear
Security: History, Policy, and Outlook'' organized by the
Center for Science, Technology, and Security Policy at the
American Association for the Advancement of Science. Through
December 2011, Committee staff also attended seminars offered
to Congressional staff by the Center for Biosecurity at the
University of Pittsburgh Medical Center on U.S. preparedness
for biological and nuclear attacks. The insight offered by
nuclear and biological experts improved the Committee awareness
of current gaps in preparedness and will continue to inform the
Committee's oversight of WMD activities.
On July 26, 2011, the Subcommittee held a hearing entitled
``The Last Line of Defense: Federal, State, and Local Efforts
to Prevent Nuclear and Radiological Terrorism Within the United
States.'' The hearing examined Federal, State, and local
efforts to implement the domestic portion of the Global Nuclear
Detection Architecture (GNDA), with a focus on efforts to build
capability in the interior of the U.S. including through the
Securing the Cities program. The Subcommittee received
testimony from Mr.Warren M. Stern, Director, Domestic Nuclear
Detection Office, Department of Homeland Security; Mr.Carl
Pavetto, Deputy Associate Administrator, Office of Emergency
Operations, National Nuclear Security Administration,
Department of Energy; Mr.Richard Daddario, Deputy Commissioner
for Counterterrorism, New York City Police Department; Mr.Mark
Perez, Homeland Security Advisor, Florida Department of Law
Enforcement; and Mr.David C. Maurer, Director, Homeland
Security and Justice Issues, Government Accountability Office.
This hearing examined Federal, State, and local efforts to
implement the domestic portion of GNDA, with a focus on efforts
to build capability within the interior of the United States.
The hearing addressed issues including how the Federal
Government works with State and local stakeholders to build
basic detection architectures and enhance awareness of
radiological and nuclear threats; whether a clear delineation
of roles and responsibilities exists; the extent of integration
of efforts and technology across all levels of government; and
cost-effective approaches to meet the needs of the GNDA.
From August 10 through 17, 2011, Committee staff traveled
to the United Kingdom and Austria to engage government and
international officials on nuclear security issues of mutual
interest. Staff visited the Ministry of Defence and Aldermaston
Weapons Establishment while in the United Kingdom, and the
Comprehensive Nuclear Test Ban Treaty Organization and the
International Atomic Energy Agency in Vienna, Austria.
On December 13, 2011, Committee staff received a briefing
from representatives from the Central Intelligence Agency to
discuss possible chemical weapons in Syria.
On February 21, 2012, Committee staff received a briefing
from the Domestic Nuclear Detection Office on that agency's
fiscal year 2013 budget request.
Committee staff received a briefing from the Science and
Technology Directorate on March 6, 2012, on the 2012 Site-
Specific Biosafety and Biosecurity Mitigation Risk Assessment
for the National Bio and Agro-defense Facility.
On March 19, 2012, the Chair of the Full Committee sent a
letter to DNDO requesting detailed information on plans on
distribution and deployment of Radiation Portal Monitors. DNDO
and CBP jointly and responded on April 20, 2012.
Committee staff were briefed by the Domestic Nuclear
Detection Office on March 29, 2012, about their activities with
respect to Department of Homeland Security and Department of
Energy National laboratories. As a follow-up, staff were
briefed on April 4, 2012 by the Department of Energy on the
breadth of its laboratories, its funding processes for them,
and its partnerships with the Department of Homeland Security
in utilizing the labs.
On April 24, 2012, Committee staff participated in the 1st
Annual Global Nuclear Detection Architecture (GNDA) symposium.
This symposium brought together all cooperating agencies and
the first responder community to establish an integrated inter-
and intra-agency plan for the GNDA.
Committee staff visited DNDO headquarters on April 26,
2012, and met with the Director to discuss the strategy, plans,
and issues of the Office. Staff also received a tour of the
DNDO Joint Analysis Center.
On May 2, 2012, Committee staff attended the Domestic
Preparedness meeting in New York City. The focus of this
meeting was on nuclear preparedness of major urban areas and
associated inter-agency coordination. The Secure the Cities
program was highlighted as a successful model for equipping
first responders for WMD prevention and preparedness.
Committee staff received a briefing on the GNDA program,
its accomplishments, and plans on May 15, 2012. . On May 16,
Committee staff received a briefing from the Director of the
DNDA on the Implementation Plan. This Plan, which was requested
by the Committee, provides the programmatic details that
support the implementation of the GNDA Strategic Plan.
The Members of the Subcommittee received a classified
threats briefing on June 1, 2012, and examined the current
status of the potential threats to the homeland from weapons of
mass destruction.
AMMONIUM NITRATE
Between June and December 2011, Committee staff met with
stakeholders from the private sector and the Federal Government
to discuss the development of ammonium nitrate regulations as
required by the Secure Handling of Ammonium Nitrate Act
(Section 563 of the fiscal year 2008 Department of Homeland
Security Appropriations Act (Pub.L. 110-161)). Following the
release of the Notice of Proposed Rulemaking (NPRM), Department
of Homeland Security officials briefed Committee staff on
August 3, 2011, on the path forward for the Ammonium Nitrate
NPRM; however, Department policy restrictions prevented further
discussions with the Committee until after the comment period
closed on December 1, 2011.
Through H.R. 3116, the ``Department of Homeland Security
Authorization Act for Fiscal Year 2012,'' the Committee
addressed initial concerns that the Department is overreaching
beyond the Congressional intent established within the Ammonium
Nitrate Act. The Committee does not intend for the Department
to regulate the entire chain of custody of ammonium nitrate,
just the point of sale. Thus, H.R.3116 includes a provision to
clarify that transportation providers who are already subject
to a sufficient security program will be exempt from the
ammonium nitrate regulations.
During March 2012, Committee staff met with stakeholders
regarding concerns with the Ammonium Nitrate program. Staff
heard concerns about the administration of the program and how
efforts to begin the regulatory process would be impacted by
the issues with the CFATS program. On April 13, 2012, DHS
leadership briefed staff from the Committee on Homeland
Security and the Committee on Appropriations.
See additional discussion of H.R. 3116, listed above.
SCIENCE AND TECHNOLOGY
During the 112th Congress, to-date, Committee staff
conducted meetings with Federal officials, academic experts,
the private sector, and other stakeholders on the mission and
operations of the Department of Homeland Security's (DHS)
Science and Technology (S&T) Directorate. The S&T Directorate
is the component responsible for research, development,
testing, and evaluation of homeland security technologies. The
Directorate was established upon the creation of the Department
and has experienced considerable growing pains and
Congressional scrutiny during its 8 years of existence.
In 2009, the S&T Directorate underwent a structural
realignment, developed a strategic plan, and conducted an
expansive portfolio analysis that informed resource allocation
and FY2012 budget planning. The Subcommittee's oversight has
focused on examining: (1) The linkage between the S&T's
strategic plan and its programs; (2) inadequate transparency
and detail in its budget justifications; (3) the persistent
lack of responsiveness to the needs of its customers and end-
users; (4) S&T's ability to provide scientific and technical
support to components throughout a technology's acquisition
lifecycle; (5) leveraging of the scientific capital of the
Department of Energy National Laboratories, other Federal
Departments and agencies, academia, and the private sector; and
(6) the failure to more rapidly develop and transition homeland
security technologies. The Subcommittee will continue to
monitor the Directorate as it evolves and assess whether it is
achieving the goals and objectives stated in its strategic
plan.
On March 31, 2011, Committee staff met with representatives
from the Department's Centers of Excellence (COEs) to learn
about the tools, technologies, and other capabilities being
developed by this network of universities and partners. The
Subcommittee's continued oversight will focus on examining the
linkages between the COEs, the Department, and other customers,
as well as the ability of the COEs to provide enduring, cross-
cutting technology and basic research needs for the Department
and the Nation.
Committee staff attended the DHS S&T Expo on April 28,
2011, in Washington, DC. At the expo, S&T demonstrated and
displayed homeland security technologies that support our
Nation, including first responders, when protecting,
responding, and recovering from hazards and terrorist attacks.
Staff interacted with subject matter experts from the
Department, as well as Department-funded laboratories and other
technology developers.
On June 6, 2011, Committee staff held a roundtable
discussion with the Under Secretary for Science and Technology
at the Department. The Under Secretary addressed the shifting
strategy of the Directorate toward rapid fielding of technology
and acquisition support, interagency collaboration on research
priorities, and the implications of proposed research and
development budget cuts on homeland security.
Additionally, on June 15, August 3, and August 9, 2011,
Committee staff attended briefings with the S&T Directorate
regarding issues including international collaborative research
and development efforts; agriculture security activities; and
approaches to protect against and mitigate damage to New York
City's network of tunnels.
Committee staff met with representatives from the
Commonwealth of Australia on October 5, 2011, to discuss
mechanisms for coordinating research and development
internationally and cost-sharing in order to advance National
security and innovation.
Begining on October 18, 2011, Committee staff initiated a
series of Committee staff briefings at which the DHS S&T
provided in-depth discussions of the activities of each of its
divisions on a bi-weekly basis. To-date, representatives from
DHS have briefed staff on the Explosives Division, the Borders
and Maritime Division, the Human Factors Division, the Chemical
and Biological Defense Division, and the Cybersecurity
Division. The S&T briefing series is expected to continue
throughout the remainder of the 112th Congress.
On November 17, 2011 the Subcommittee held a hearing
entitled ``S&T on a Budget: Finding Smarter Approaches to Spur
Innovation, Impose Discipline, Drive Job Creation, and
Strengthen Homeland Security.'' Given the new reality facing
S&T of significant budgetary pressures going forward, the
hearing examined S&T's evolving mission, organization, assets,
and activities. Particular emphasis was placed on: (1) The
balance of the directorate's programs (e.g., long-term vs.
near-term R&D, S&T, acquisition support); (2) its priorities
and how they are set; (3) its relationships with other R&D
organizations and the allocation of resources between
Government, industry, and academia; (4) its strategic planning
process; (5) stakeholder involvement in setting research
priorities; and other concerns. The Subcommittee received
testimony from Hon. Tara O'Toole, Under Secretary, Science and
Technology Directorate, Department of Homeland Security; and
Mr.David C. Maurer, Director, Homeland Security and Justice
Issues, Government Accountability Office.
The Subcommittee's detailed oversight of the activities of
the Science and Technology Directorate continued with its bi-
weekly briefing series from Directorate officials. During the
first half of 2012, representatives from DHS briefed staff on
their work with the strategic investor In-Q-Tel, the Office of
University Programs, the First Responder Group, the Office of
National Laboratories, research to support the United States
Secret Service, efforts to develop technologies to secure the
commercial supply chain, international partnerships, and
infrastructure protection and disaster management.
On February 14, 2012, Committee staff received a briefing
from the Science and Technology Directorate on its fiscal year
2013 budget request.
Committee staff received a briefing on March 1, 2012, from
Pacific Northwest National Laboratories on the lab's biological
and chemical defense work for the Department of Homeland
Security.
On March 16, 2012, Committee staff attended an open session
of the National Academies of Science Committee on the
Evaluation of the Updated Site-Specific Risk Assessment for the
National Bio and Agro-defense Facility.
Committee staff received a briefing on April 4, 2012, from
the directors of the DHS Centers of Excellence. This provided
an opportunity to better understand the role that universities
play in the DHS S&T strategy, and the relationships with
industry and National laboratories.
Committee staff were briefed on April 17, 2012, about the
overall S&T Directorate strategy by the Deputy Under Secretary
for Science and Technology.
Committee staff received numerous briefings from the
Department of Energy National Laboratories that work with the
Department of Homeland Security in preparation for the hearing
and for general oversight purposes.
On April 19, 2012, the Subcommittee held a hearing entitled
``The DHS and DOE National Labs: Finding Efficiencies and
Optimizing Outputs in Homeland Security Research and
Development.'' The Subcommittee received testimony from Dr.
Daniel M. Gerstein, Deputy Under Secretary for Science and
Technology, Department of Homeland Security; Dr. Huban Gowadia,
Deputy Director, Domestic Nuclear Detection Office, Department
of Homeland Security; Dr. Daniel Morgan, Specialist in Science
and Technology Policy, Resources, Sciences, and Industry
Division, Congressional Research Service; Ms. Jill Hruby, Vice
President, International, Homeland and Nuclear Security, Sandia
National Laboratories; and Dr. Michael Robert Carter, Senior
Scientist, National Ignition Facility and Photon Science
Directorate, Lawrence Livermore National Laboratory.
On April 25, 2012, Committee staff received a briefing from
the National Institute of Standards and Technology of the
Department of Commerce in preparation for the joint
subcommittee hearing on first responder technologies.
The Subcommittee on Emergency Preparedness, Response, and
Communications and the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
joint hearing on May 9, 2012, entitled, ``First Responder
Technologies: Ensuring a Prioritized Approach for Homeland
Security Research and Development.'' The Subcommittees received
testimony from Dr. Robert Griffin, Director of First Responder
Programs, Science and Technology Directorate, Department of
Homeland Security; Ms. Mary H. Saunders, Director, Standards
Coordination Office, National Institute of Standards and
Technology; Chief Edward Kilduff, Chief of Department, New York
City Fire Department, New York City, New York; Ms. Annette
Doying, Director, Office of Emergency Management, Pasco County,
Florida; and Ms. Kiersten Todt Coon, President and CEO, Liberty
Group Ventures.
SAFETY ACT IMPLEMENTATION
The Support Anti-Terrorism by Fostering Effective
Technologies Act of 2002 (SAFETY Act), (6 USC. 441 et seq.;
Title VIII, Subtitle G of the Homeland Security Act of 2002
Pub.L. 107-296) was intended to encourage the development and
deployment of anti-terrorism technologies by limiting the
liability of sellers of the technology and others in the
distribution and supply chain for third-party claims arising
out of acts of terrorism where the technology has been deployed
to prevent, respond to, or recover from such events. Despite
Congressional intent for broad application and use of the
SAFETY Act protections and efforts by the Department to
streamline the SAFETY Act application process, the Department
of Homeland Security continues to experience difficulty
generating interest in the program and developing efficient
internal review processes.
Committee staff met with Department officials to monitor
the program's progress and consulted with various stakeholders
concerned with the pace and requirements of the SAFETY Act
review process. Other aspects of Subcommittee oversight
included the application burden, general program awareness,
options for expedited review, renewal process and rate, and the
SAFETY Act's coordination with procurement.
On March 9, 2011, the Chair of the Full Committee and the
Chair of the Subcommittee sent a letter to the Department's
Under Secretary for the Science and Technology Directorate
requesting an update on the implementation of the SAFETY Act,
including: Annual data on quantity of applications,
designations, and certifications; corresponding data on renewal
applications; processing times; review process and criteria;
use of the pre-qualification process; program metrics; and
program costs. The Committee received a response on May 13,
2011.
The Subcommittee held a hearing on May 26, 2011, entitled
``Unlocking the SAFETY Act's Potential to Promote Technology
and Combat Terrorism.'' The Subcommittee received testimony
from Mr.Paul Benda, Acting Deputy Under Secretary, Science and
Technology Directorate, Department of Homeland Security;
Mr.Marc Pearl, President and Chief Executive Officer, Homeland
Security and Defense Business Counsel; Mr.Brian Finch, Partner,
Dickstein Shapiro LLP; Mr.Scott Boylan, Vice President and
General Counsel, Morpho Detection, Inc.; and Mr.Craig Harvey,
Chief Operations Officer and Executive Vice President, NVision
Solutions, Inc.
On September 14, 2011, Committee staff received their first
quarterly briefing from the Department on the status of SAFETY
Act implementation after the May 26 hearing. Topics discussed
included: Progress of the SAFETY Act in terms of numbers of
certifications and designations, addition of new block
designations and certifications, and other accomplishments to-
date as well as challenges.
CYBERSECURITY THREAT
The threat posed by hackers, nation states, terrorists, and
common thieves to the critical infrastructure of the Nation has
only increased in recent years. It is important that the
Subcommittee understand the threat environment and the
implications to the security of the country. Committee staff
participated in multiple briefings and meetings with
stakeholders including officials from the Intelligence
Community and the Department of Homeland Security.
On February 11, 2011, Members of the Subcommittee received
a classified Member-only briefing on an assessment of the
current cybersecurity threat. Representatives from the
Department of Homeland Security and the National Security
Agency were present. The Subcommittee has continues these
briefings every three months throughout the 112th Congress.
The Subcommittee held a hearing on March 16, 2011, entitled
``Examining the Cyber Threat to Critical Infrastructure and the
American Economy.'' The Subcommittee received testimony from
Hon. Phillip Reitinger, Deputy Under Secretary, National
Protection and Programs Directorate, Department of Homeland
Security; Mr.Gregory C. Wilshusen, Director, Information
Security Issues, Government Accountability Office; Dr. Phyllis
Schneck, Vice President and Chief Technical Officer, McAfee
Inc.; Mr.James A. Lewis, Director and Senior Fellow, Technology
and Public Policy Program, Center for Strategic and
International Studies; and Ms.Mischel Kwon, President, Mischel
Kwon Associates.
CYBERSECURITY
The Department of Homeland Security (DHS) is the primary
point of contact and coordination for all civilian, non-
intelligence U.S. Government networks as well as privately held
critical infrastructure. Understanding how the Department
currently fulfills that role and how it can improve its
relationship with other Federal agencies as well as with the
private sector is an important function of the Subcommittee.
Committee staff participated in numerous meetings with private
stakeholders as well as the Department to support the Members
of the Subcommittee in their conduct of oversight.
The Subcommittee held a hearing on April 15, 2011, entitled
``The DHS Cybersecurity Mission: Promoting Innovation and
Securing Critical Infrastructure.'' The Subcommittee received
testimony from Mr.Sean McGurk, Director, National Cybersecurity
and Communications Integration Center, Department of Homeland
Security; Mr.Gerry Cauley, President and CEO, North American
Electric Reliability Corporation; Ms.Jane Carlin, Chair,
Financial Services Sector Coordinating Council; and Mr.Edward
Amoroso, Senior Vice President and Chief Security Officer,
AT&T. The Department is the primary agency in coordinating the
protection of privately owned critical infrastructure and it is
important for the Committee to understand how the Department
performs this mission. This hearing focused on how the
Department interacts with those owners and operators of
critical infrastructure.
On June 24, 2011, the Subcommittee held a hearing entitled
``Examining the Homeland Security Impact of the Obama
Administration's Cybersecurity Proposal.'' The Subcommittee
received testimony from Ms.Melissa Hathaway, President,
Hathaway Global Strategies, LLC; Dr. Greg Shannon, Chief
Scientist for Computer Emergency Readiness Team, Software
Engineering Institute, Carnegie Mellon University; Mr.Leigh
Williams, BITS President, The Financial Services Roundtable;
and Mr.Larry Clinton, President, Internet Security Alliance.
This hearing examined an Administration proposal for
cybersecurity and that proposal's impact on the Department of
Homeland Security and the owners and operations of critical
infrastructure."
The Subcommittee Chair received a classified cybersecurity
operations briefing on July 14, 2011, from the Department of
Homeland Security's Under Secretary for National Protection and
Programs Directorate.
On August 25, 2011, Committee staff received a classified
briefing on the status of the Einstein 3 program by DHS
National Cyber Security Division.
Committee staff received a briefing on September 9, 2011,
from the Department's Acting Assistant Secretary for
Cybersecurity and Communications on cybersecurity training and
educational outreach efforts.
On September 22, 2011, the Subcommittee Chair received a
classified cybersecurity operations briefing from the Acting
Deputy Under Secretary for National Protection and Programs
Directorate.
The Subcommittee held a hearing on October 6, 2011,
entitled ``Cloud Computing: What are the Security
Implications?'' The Subcommittee received testimony from Hon.
Richard Spires, Chief Information Officer, Department of
Homeland Security; Dr. David McClure, Associate Administrator,
Office of Citizen Services and Innovative Technologies, General
Services Administration; Mr.Greg Wilshusen, Director of
Information Security Issues, Government Accountability Office;
Mr.James W. Sheaffer, President, North American Public Sector,
Computer Sciences Corporation; Mr.Timothy Brown, Senior Vice
President, and Chief Architect for Security, CA Technologies;
Mr.James R. Bottum, Vice Provost for Computing and Information
Technology, and Chief Information Officer, Clemson University;
and Mr.John Curran, Chief Executive Officer, American Registry
of Internet Numbers.
Committee staff received a series of briefings on October
14, November 8, and November 10, 2011, on issues including: The
National Critical Infrastructure Protection Program; the United
States Computer Emergency Readiness Team (US-CERT); and the
Office of Federal Network Security.
On November 16, 2011, the Subcommittee Chair and Ranking
Member received a classified cybersecurity operations briefing
by Acting Deputy Under Secretary National Protection and
Programs Directorate.
The Subcommittee held a hearing on December 6, 2011,
entitled ``Hearing on Draft Legislative Proposal on
Cybersecurity.'' The Subcommittee received testimony from
Ms.Cheri McGuire, Vice President of Global Government Affairs
and Cybersecurity Policy, Symantec Corporation; Dr. Greg
Shannon, Chief Scientist for Computer Emergency Readiness Team,
Software Engineering Institute, Carnegie Mellon University;
Mr.Gregory T. Nojeim, Senior Counsel and Director, Project on
Freedom, Security and Technology, Center for Democracy and
Technology; and Mr.Kevin R. Kosar, Analyst in American
Government, Congressional Research Service.
This hearing examined the Directorate's evolving mission,
organization, assets, and activities. Particular emphasis was
placed on prioritization of the Directorate's programs, its
relationships with other organizations and the allocation of
resources between government, industry, and academia, its
strategic planning process, and stakeholder involvement in
setting research priorities.
CRITICAL INFRASTRUCTURE PROTECTION MISSION OF THE DEPARTMENT OF
HOMELAND SECURITY
Committee staff received multiple briefings from the
Department of Homeland Security's National Protection and
Programs Directorate (NPPD), specifically with the Office of
Infrastructure Protection on activities conducted by the Risk
Management Analysis, Enhanced Critical Infrastructure Program
(ECIP), Protected Critical Infrastructure Information Program
(PCII), as well as meetings with the Government Accountability
Office (GAO) and the Congressional Research Service regarding
the current state of critical infrastructure protection.
On February 24, 2011, Committee staff visited the Federal
Energy Regulatory Commission (FERC). The briefing provided an
overview of FERC's jurisdiction and authorities, a look at the
electricity and natural gas markets, major rulemakings
currently under way, and it provided an opportunity to share
information on electric transmission, smart grid security, and
cybersecurity. The visit also included tours of FERC's market
monitoring and reliability monitoring centers.
Committee staff visited the House of Representatives mail
facility in Capitol Heights, Maryland on April 26, 2011. The
briefing and facility tour focused on security measures and
screening protocols in place for detecting dangerous materials
in the mail system. Staff also received an overview of the
facility's coordination with the United State's Postal Service
and private partners FedEx and UPS.
On May 24, 2011, the Subcommittee Chair requested a GAO
study of the Department of Homeland Security's decision to
change its process for assessing Level 1 and Level 2 status to
critical infrastructure. The GAO initiated the investigation
and is expected to issue a report later in 2012.
The Subcommittee Chair requested the GAO study of the
Department of Homeland Security's ability to identify and
resolve cross-sector dependencies on May 24, 2011. These
dependencies are created by statute or regulation and could
force the outage of two or more sectors (i.e. electric and gas)
simultaneously.
The Full Committee Chair and the Subcommittee Chair sent a
letter to the Under Secretary for NPPD indicating that the
reorganization of the National Programs and Protection
Directorate without notice to Congress would be in violation of
the Homeland Security Act of 2002. The letter, sent on June 1,
2011 requested an immediate and complete briefing on the matter
before the Full Committee. Committee staff met with the NPPD
Chief of Staff on June 3, 2011 to discuss this matter.
From June 7 through 11, 2011, Committee staff joined Senate
and Department representatives on the United States--European
Union Expert Meeting on Critical Infrastructure Protection. The
meeting covered the following topics: Information sharing,
international cooperation, interdependencies, the economics of
critical infrastructure protection, and the threat of solar
weather on critical infrastructure.
On June 3, 2011, Committee staff received a briefing from
the Director of the National Space Weather Prediction Center on
the science of space weather predictions. This included an
overview of potential impacts of a heightened solar storm
season on critical infrastructure.
Committee staff received a briefing on June 7, 2011, on
IBM's Global Critical Infrastructure Project from the company's
Vice President. Staff received an overview of IBM's work to
improve government efficiency and information sharing,
particularly in the arenas of cyber security and supply chain
security.
Committee staff received a briefing on June 15, 2011, from
the Department on special events risk assessment and
prioritization process. Department experts explained the intra-
agency coordination process and the system for ranking various
events based on risk factors.
On June 16, 2011, Committee staff received a briefing on
underwater cable reliability from TE Connectivity. Underwater
cable and cable landings are critical infrastructure within the
spirit of the National Infrastructure Protection Plan. Staff
learned of the specific benefits and vulnerabilities of
underwater cable.
Committee staff received a briefing on June 16, 2011, from
the Office for Bombing Prevention on the status of the
Department's efforts to establish explosives detection canine
standards.
On July 20, 2011, Committee staff received a classified
briefing on DHS Critical Foreign Dependencies Initiative
(CFDI). The CFDI focuses on identifying infrastructure risks
and vulnerabilities across borders. DHS Office of
Infrastructure Protection and Risk Management Analysis staff
provided an overview of the methodology and criteria used in
determining dependencies.
Committee staff visited The University of Maryland Center
for Critical Infrastructure Sensor Networks on July 29, 2011.
The campus in College Park, Maryland is a Department of
Homeland Security Center of Excellence focusing on applied
science related to understanding and combating terrorism.
Applications for the sensor network include: Disaster response,
critical infrastructure protection, intelligence sharing. The
Center also houses START, the National Consortium for the Study
of Terrorism and Responses to Terrorism.
On August 3, 2011, Committee staff met with staff from the
Government Accountability Office (GAO) requesting a review and
survey design for statutory dependency research project
initiated in May 2011.
Committee staff conducted a site visit to the Port of
Baltimore on August 30, 2011, and toured a cable landing ship
and held a meeting with a private company security director on
critical infrastructure protection and resiliency.
On October 6, 2011, Committee staff attended the
Congressional Solar Weather and Electro Magnetic Pulse
Briefing, hosted by DHS and the National Defense University.
Staff attended subsequent forums where Subcommittee Members
addressed the conference.
Committee staff received a briefing on November 3, 2011, on
the Department's Operation Global Shield, a border security and
counter-proliferation initiative.
On November 9, 2011, Committee staff visited the Department
of Defense (DoD) Cyber Command for an overview of activities,
legal authorities, and to visit the DoD--National Security
Agency Joint Operations Center.
The Subcommittee held a Member briefing on the present and
evolving threat to dam security on December 13, 2011.
Representatives from the Dams Sector Branch of the Office of
Infrastructure Protection, National Protection and Programs
Directorate (NPPD) of the Department of Homeland Security
responded to Member concerns.
Committee staff conducted a site visit with the DHS Science
and Technology Directorate to examine a tunnel plug project
demonstration on January 25, 2012. The demonstration was an
opportunity to learn about a new approach to halting flood
waters in the event of a natural or technological disaster to
preserve lives and infrastructure.
Committee staff received briefings on solar weather and
electromagnetic pulse impacts from DHS/FEMA, the private
sector, and the National Center for Atmospheric Research. The
National Center for Atmospheric Research (NCAR) and the
University Consortium for Atmospheric Research provided staff
with an overview of its work on solar weather and a view of
current threats on March 22, 2012.
On April 10, 2012, the Chair of the Full Committee and the
Subcommittee Chair sent a letter to the GAO requesting a study
of the Department of Homeland Security's Protective Security
Advisor (PSA) Program. The request asks that GAO identify
redundancies between the efforts of PSAs and other similar
representatives of the Department. It also requires a look at
consistency and continuity of communications and information
sharing within the Department and with critical infrastructure
owners and operators. The Protective Security Advisor program
is designed to provide owners and operators of critical
infrastructure with subject matter expertise on vulnerability
mitigation and infrastructure protection.
FEDERAL PROTECTIVE SERVICE
The Federal Protective Service (FPS) is a vital component
within the Department of Homeland Security. The mission of the
FPS in securing Government buildings and its occupants is
critical to protecting thousands of Governmental employees
working in Federal buildings across the Nation.
On February 25, 2011, Committee staff visited an FPS
facility in Alexandria, Virginia. Staff received an overview of
the FPS mission to secure Federal buildings. The visit included
a brief on the agency's legal authorities, as well as its
budget, recruiting, and training challenges.
The Subcommittee Chair sent a letter to the Government
Accountability Office (GAO) on March 8, 2011, requesting a
review of FPSs management of its contract guard program. The
Subcommittee Chair sent an additional letter on March 14, 2011,
requesting a comprehensive review of changes in physical
security in Federal facilities since September 11, 2001.
On May 23, 2011, the Deputy Director of FPS provided a
briefing for Committee staff on the corrective actions taken at
the Detroit Federal Building after a bombing attempt.
The Subcommittee Chair sent a letter to GAO on May 23,
2011, requesting a comprehensive review on FPS future plans
following decision to move away from the Risk Assessment
Management Program.
On July 13, 2011, the Subcommittee held a hearing entitled
``Securing Federal Facilities: Challenges of the Federal
Protective Service and the Need for Reform.'' The Subcommittee
received testimony from Mr.L. Eric Patterson, Director, Federal
Protective Service; Mr.Mark L. Goldstein, Director Physical
Infrastructure, Government Accountability Office; Mr.Steve
Amitay, Legislative Counsel, National Association of Security
Companies; and Mr.David Wright, President, National Federal
Protective Service Union, American Federation of Government
Employees. This hearing allowed Members to examine several
perennial and reoccurring issues impacting the ability of the
FPS to complete its mission of securing and safeguarding
Federal facilities and their occupants. The hearing also
provided the recently appointed FPS Director an opportunity to
explain his vision for the organization, and provide the
Subcommittee an opportunity to identify areas of concern that
may need to be addressed through further Congressional
oversight and legislative reform.
On September 27, 2011, Committee staff met with
representatives from the Federal Protective Service Union to
discuss on-going concerns.
Committee staff met with representatives from GAO on
November 10, 2011, to discuss on-going work done at the request
of the Committee as well as preliminary findings.
On November 16, 2011, the Subcommittee Chair sent letters
to the GAO requesting an assessment of the adequacy the
evacuation plans of Federal facilities; and an assessment of
how facility security risk assessments are conducted across the
Government.
Committee staff met with the Deputy Director of FPS on
February 14, 2012, to receive a briefing on the President's FY
2013 budget request.
Committee staff met with representatives from GAO on
February 27, 2012, to discuss on-going work done at the request
of the Committee as well as preliminary findings.
Committee staff received a briefing from the FPS Director
on February 29, 2012, regarding efforts by the FPS to develop
an interim risk management tool, training and certifications
for contract guards, and progress made toward implementing GAO
recommendations.
On May 15, 2012, Committee staff received a briefing from
the Deputy Director of FPS regarding the agency's role in
providing perimeter security for Federal buildings, and role
FPS played during the 2012 NATO Summit in Chicago.
IRANIAN CYBER THREATS
On April 26, 2012, the Subcommittee on Counterterrorism and
Intelligence and the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
joint hearing entitled ``Iranian Cyber Threat to the U.S.
Homeland.'' The Subcommittees received testimony from Mr. Frank
J. Cilluffo, Associate Vice President and Director, Homeland
Security Policy Institute, The George Washington University;
Mr. Ilan Berman, Vice President, American Foreign Policy
Council; and Mr. Roger Caslow, Executive Cyberconsultant, Suss
Consulting.
----------
Subcommittee Hearings Held
``Preventing Chemical Terrorism: Building a Foundation of
Security at Our Nation's Chemical Facilities.''
February 11, 2011. (Serial No. 112-3)
``Examining the Cyber Threat to Critical Infrastructure and the
American Economy.'' March 16, 2011. (Serial No. 112-11)
``The DHS Cybersecurity Mission: Promoting Innovation and
Securing Critical Infrastructure.'' Apr. 15, 2011.
(Serial No. 112-19)
``Unlocking the SAFETY Act's Potential to Promote Technology
and Combat Terrorism.'' May 26, 2011. (Serial No. 112-
26)
``H.R. 2356, the `WMD Prevention and Preparedness Act of
2011.''' June 23, 2011. Joint hearing with the
Subcommittee on Emergency Preparedness, Response, and
Communications (Serial No. 112-32)
``Examining the Homeland Security Impact of the Obama
Administration's Cybersecurity Proposal.'' June 24,
2011. (Serial No. 112-33)
``Securing Federal Facilities: Challenges of the Federal
Protective Service and the Need For Reform.'' July 13,
2011 (Serial No. 112-38)
``The Last Line of Defense: Federal, State, and Local Efforts
to Prevent Nuclear and Radiological Terrorism Within
the United States.'' July 26, 2011 (Serial No. 112-40)
``Cloud Computing: What are the Security Implications?''
October 6, 2011. (Serial No. 112-50)
``S&T on a Budget: Finding Smarter Approaches to Spur
Innovation, Impose Discipline, Drive Job Creation and
Strengthen Homeland Security.'' November 17, 2011.
(Serial No. 112-57)
``Hearing on Draft Legislative Proposal on Cybersecurity.''
December 6, 2011. (Serial No. 112-61)
``The Chemical Facilities Anti-Terrorism Standards Program:
Addressing Its Challenges and Finding a Way Forward.''
March 6, 2012. (Serial No. 112-76)
``The DHS and DOE National Labs: Finding Efficiencies and
Optimizing Outputs in Homeland Security Research and
Development.'' April 19, 2012. (Serial No. 112-88)
``Iranian Cyber Threat to the U.S. Homeland.'' Joint with the
Subcommittee on Counterterrorism and Intelligence.
April 26, 2012. (Serial No. 112-88)
``First Responder Technologies: Ensuring a Prioritized Approach
for Homeland Security Research and Development.'' May
9, 2012. Joint with the Subcommittee on Emergency
Preparedness, Response, and Communications. (Serial No.
112-93)
Subcommittee on Transportation Security
Mike Rogers, Alabama, Chairman
Daniel E. Lungren,
California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice
Chair
Robert L. Turner, New York
Peter T. King, New York
(Ex
Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Cedric L. Richmond, Louisiana
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Transportation Security held 15 hearings,
receiving testimony from 93 witnesses, and considered five
measures.
----------
Legislative Activities of the Subcommittee
RISK-BASED SECURITY SCREENING FOR MEMBERS OF THE ARMED FORCES ACT
Pub. L. 112-86 (H.R.1801)
To amend title 49, United States Code, to provide for expedited
security screenings for members of the Armed Forces.
Summary
This legislation directs the Transportation Security
Administration to develop and implement a plan to provide
expedited screening for any member of the U.S. Armed Forces--
and any accompanying family member--when that individual is
traveling on official orders through a primary airport.
Legislative History
H.R.1801 was introduced in the House on May 10, 2011, by
Mr.Cravaack, Mr.Bachus, and Mr.Rogers of Alabama, and referred
to the Committee on Homeland Security. Within the Committee,
H.R.1801 was referred to the Subcommittee on Transportation
Security.
The Subcommittee on Transportation Security considered
H.R.1801 on May 12, 2011, and ordered the measure reported,
favorably, to the Full Committee, without amendment, by voice
vote.
The Committee considered H.R.1801 on September 21, 2011,
and ordered the measure to be reported to the House, amended,
with a favorable recommendation, by voice vote.
The Committee reported H.R.1801 to the House on November 4,
2011, as H. Rpt. 112-271.
The House considered H.R.1801 under Suspension of the
Rules, and passed the measure by a two-thirds recorded vote of
404 yeas and none voting ``nay''.
H.R.1801 was received in the Senate on November 30, 2011,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
The Senate Committee on Commerce, Science, and
Transportation was discharged from further consideration by
unanimous consent on December 12, 2011. The Senate subsequently
passed H.R.1801, amended, by voice vote.
The House debated a motion to agree to concur in the Senate
amendment to H.R. 1801 on December 19, 2011. On December 20,
2011, the House agreed to Suspend the Rules and concurred in
the Senate amendment to H.R. 1801 by voice vote, clearing the
measure for the President.
H.R. 1801 was presented to the President on December 23,
2011, and on January 3, 2012, was signed into law as Public Law
112-86.
TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN ACT OF 2011
H.R.1165
To amend title 49, United States Code, to establish an
Ombudsman Office within the Transportation Security
Administration for the purpose of enhancing transportation
security by providing confidential, informal, and neutral
assistance to address work-place related problems of
Transportation Security Administration employees, and for other
purposes.
Summary
H.R. 1165 enhances transportation security by providing
confidential, informal, and neutral assistance to address work-
place related problems of Transportation Security
Administration (TSA) employees by strengthening and refining
the role of the TSA Office of Ombudsman.
Legislative History
H.R.1165 was introduced in the House on March 17, 2011, by
Ms.Jackson Lee of Texas, Ms.Speier, Mr.Thompson of Mississippi,
and Mr.Davis of Illinois, and referred to the Committee on
Homeland Security. Within the Committee, H.R.1165 was referred
to the Subcommittee on Transportation Security.
The Subcommittee on Transportation Security considered
H.R.1165 on May 12, 2011, and ordered the measure reported,
favorably, to the Full Committee, amended, by voice vote.
The Committee considered H.R.1165 on September 21, 2011,
and ordered the measure to be reported to the House, amended,
with a favorable recommendation, by voice vote.
The Committee reported H.R.1165 to the House on November 4,
2011, as H. Rpt. 112-270.
AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2011
H.R.1447
To amend title 49, United States Code, to direct the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to establish an Aviation Security Advisory
Committee, and for other purposes.
Summary
H.R. 1447 directs the Assistant Secretary of the
Transportation Security Administration to establish an Aviation
Security Advisory Committee. The Assistant Secretary is
required to consult with the Advisory Committee on aviation
security matters and the development of recommendations to
improve aviation security.
Legislative History
H.R.1447 was introduced in the House on April 8, 2011, by
Mr.Thompson of Mississippi and Ms.Jackson Lee of Texas, and
referred to the Committee on Homeland Security. Within the
Committee, H.R.1447 was referred to the Subcommittee on
Transportation Security.
On September 21, 2011, the Subcommittee on Transportation
Security was discharged from further consideration of H.R.1447.
The Committee proceeded to the consideration of H.R.1447 and
ordered the measure to be reported to the House, without
amendment, by voice vote.
The Committee reported H.R.1447 to the House on November 4,
2011, as H. Rpt. 112-269.
MODERNIZING OF DOCUMENTATION AND ELIMINATION OF REDUNDANT
IDENTIFICATION AND SECURITY CREDENTIALS ACT
H.R.1690
To amend titles 49 and 46, United States Code, and the Homeland
Security Act of 2002 to provide for certain improvements in
surface transportation security, and for other purposes.
Summary
H.R. 1690 requires the Department of Homeland Security to
establish a comprehensive task force with representatives from
industry, labor, and Federal Government agencies to evaluate
the effects of harmonizing the disqualifying offenses and
waiver processes for transportation workers, evaluate potential
fee reductions for transportation workers, and provide its
recommendations to the Secretary of Homeland Security. The bill
ensures that airport operators continue to manage their own
security credentialing programs. This will give local airports
the flexibility they need to enhance their own security,
provided they meet minimum Federal standards.
This legislation eliminates a redundancy whereby commercial
motor vehicle operators must undergo a Federal security threat
assessment in order to obtain a Hazardous Materials Endorsement
(HME), which is needed to transport hazardous materials, and a
similar assessment to obtain a Transportation Worker
Identification Credential (TWIC), which is needed to enter onto
a port facility. Instead, this bill repeals the requirements
for a threat assessment as part of an HME, and requires all
commercial truck drivers who carry security-sensitive cargo to
simply obtain a TWIC. The Secretary of Homeland Security is
required to identify a list of all security-sensitive
materials--materials that have a security nexus and have
potential links to terrorism.
Legislative History
H.R.1690 was introduced in the House on May 3, 2011, by
Mr.Rogers of Alabama, Mr.McCaul, Mr.Walsh of Illinois, and
Mr.Brooks, and referred to the Committee on Homeland Security.
Within the Committee, H.R.1690 was referred to the Subcommittee
on Transportation Security.
On May 4, 2011 the Subcommittee on Transportation Security
held a hearing on ``H.R.1690, the MODERN Security Credentials
Act.'' The Subcommittee received testimony from Mr.Stephen
Sadler, Deputy Assistant Administrator, Transportation Threat
Assessment and Credentialing, Transportation Security
Administration, Department of Homeland Security; Mr.Darrell
S.Bowman, Group Leader, Advanced Systems and Applications,
Virginia Tech Transportation Institute; Ms.Jeanne M. Olivier,
A.A.E., Assistant Director, Aviation Security and Technology,
Aviation Department, The Port Authority of New York & New
Jersey, testifying on behalf of the American Association of
Airport Executives; Mr.Martin Rojas, Vice President, Security
and Operations, American Trucking Association; and Mr.Randall
H. Walker, Director of Aviation, Las Vegas McCarran
International Airport, Clark County Department of Aviation,
testifying on behalf of the Airports Council International--
North America.
The Subcommittee on Transportation Security considered
H.R.1690 on May 12, 2011, and ordered the measure favorably
reported to the Full Committee, amended, by voice vote.
TO AMEND TITLE 49, UNITED STATES CODE, TO DIRECT THE ASSISTANT
SECRETARY OF HOMELAND SECURITY (TRANSPORTATION SECURITY ADMINISTRATION)
TO TRANSFER UNCLAIMED MONEY RECOVERED AT AIRPORT SECURITY CHECKPOINTS
TO UNITED SERVICE ORGANIZATIONS, INCORPORATED, AND FOR OTHER PURPOSES.
H.R. 2179
To amend title 49, United States Code, to direct the Assistant
Secretary of Homeland Security (Transportation Security
Administration) to transfer unclaimed money recovered at
airport security checkpoints to United Service Organizations,
Incorporated, and for other purposes.
Summary
This legislation directs the Transportation Security
Administration (TSA) to transfer unclaimed money recovered at
airport security checkpoints to United Service Organizations,
Inc. for use in support of its airport centers. The legislation
will support the continued efforts of the United Service
Organizations, Inc. (USO) by providing funds to create a
welcoming and comfortable atmosphere at airports for our
dedicated military personnel and their families. Additionally,
this bill also directs TSA to provide clothing assistance to
homeless or needy veterans with unclaimed clothing recovered at
airport security checkpoints.
Legislative History
H.R. 2179 was introduced in the House on June 14, 2011, by
Mr. Miller of Florida, and referred to the Committee on
Homeland Security. Within the Committee, H.R. 2179 was referred
to the Subcommittee on Transportation Security.
On March 7, 2012, the Subcommittee on Transportation
Security considered H.R. 2179 and reported the measure to the
Full Committee with a favorable recommendation, without
amendment, by voice vote.
The Full Committee considered H.R. 2179 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
The Committee reported H.R. 2179 to the House on May 8,
2012, as H. Rpt. 112-468.
TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZATION ACT OF 2011
H.R. 3011
To authorize the programs of the Transportation Security
Administration relating to the provision of transportation
security, and for other purposes.
Summary
This legislation authorizes funding for fiscal years 2012
and 2013 for the Transportation Security Administration (TSA)
to carry out its mission of securing the Nation's
transportation systems. The bill specifically aims to
streamline and improve programs and address key issues at TSA
by increasing accountability, transparency, and reducing waste
and ineffiecncies.
Legislative History
Prior to introduction of H.R. 3011, the Subcommittee on
Transportation Security considered a Subcommittee print on
September 14, 2011, and ordered the measure to be reported to
the Full Committee, amended, by voice vote.
H.R.3011 was subsequently introduced in the House on
September 22, 2011, by Mr.Rogers of Alabama, Mr.King of New
York, Mr.Daniel E. Lungren of California, Mr.Walberg,
Mr.Cravaack, and Mr.Brooks, and referred the Committee on
Homeland Security and the Committee on the Judiciary.
TO REQUIRE THE TRANSPORTATION SECURITY ADMINISTRATION TO COMPLY WITH
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT.
H.R. 3670 (S. 1990)
To require the Transportation Security Administration to comply
with the Uniformed Services Employment and Reemployment Rights
Act.
Summary
This legislation amends the Aviation and Transportation
Security Act (Pub. L. 107-71) to require the Transportation
Security Administration (TSA) to be fully compliant with the
Uniformed Services Employment and Reemployment Rights Act (Pub.
L. 103-353). TSA has stated that current practice conforms to
the requirements of H.R. 3670, the legislation would mandate
this practice.
Legislative History
H.R. 3670 was introduced in the House on December 14, 2011,
by Mr. Walz of Minnesota, Mr. Bilirakis, and Mr. Owens, and
referred to the Committee on Homeland Security, and the
Committee on Veterans' Affairs. Within the Committee, H.R. 3670
was referred to the Subcommittee on Transportation Security.
The Committee on Veterans' Affairs considered H.R. 3670 on
April 27, 2012, and ordered the measure to be reported to the
House by voice vote. The Committee on Veterans' Affairs
reported H.R. 3670 to the House on May 18, 2012 as H. Rpt. 112-
487, Pt. I.
The House considered H.R. 3670 on May 30, 2012, under
Suspension of the Rules and passed the measure by voice vote.
S. 1990, the Senate companion measure, was introduced in
the Senate on December 14, 2011, by Mr. Lieberman and six
original co-sponsors, and referred to the Senate Committee on
Commerce, Science, and Transportation.
PUBLIC TRANSIT SECURITY AND LOCAL LAW ENFORCEMENT SUPPORT ACT
H.R.3857
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes.
Summary
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes. The bill also authorizes $400 million for TSGP grants
for each of fiscal years 2012 and 2013, except that no more
than 50 percent of those funds in each of the fiscal years may
be used for operational costs.
Legislative History
H.R. 3857 was introduced in the House on January 31, 2012,
by Mr. Turner of New York, Mr. King of New York, Mr. Rogers of
Alabama, and Mr. Grimm, and referred to the Committee on
Homeland Security. Within the Committee, H.R. 3857 was referred
to the Subcommittee on Emergency Preparedness, Response, and
Communications and the Subcommittee on Transportation Security.
The Subcommittee on Emergency Preparedness, Response and
Communications and the Subcommittee on Transportation Security
were discharged from further consideration of H.R. 3857 on May
9, 2012.
The Full Committee considered H.R. 3857 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R. 3857 to the House on May 30,
2012 as H. Rpt. 112-498.
----------
Oversight Activities of the Subcommittee
THREATS TO AVIATION AND SURFACE TRANSPORTATION SECURITY
The Subcommittee conducted oversight activities to assess
the threats to aviation and surface transportation. Committee
staff met with a wide range of representatives from the
Transportation Security Administration (TSA), the
transportation industry, and other stakeholders to examine
information sharing, coordination among Federal, State, and
local partners, and other security matters. Recent intelligence
collected from Osama bin Laden's compound further emphasizes
the threat to both our aviation and surface transportation
systems.
On February 10, 2011, the Subcommittee held a hearing
entitled ``Terrorism and Transportation Security.'' The
Subcommittee received testimony from Hon. John S. Pistole,
Administrator, Transportation Security Administration,
Department of Homeland Security. The purpose of this hearing
was to examine the TSA's progress in developing meaningful
security measures, discuss the future of the agency as a nimble
counterterrorism organization, and identify areas for
operational improvements and cost savings in order to
strengthen TSA's effectiveness and efficiency at preventing
terrorism and protecting the traveling public.
On February 16, 2011, the Subcommittee held a classified
Member briefing on current threats to the Nation's aviation and
surface transportation security. Representatives from the
Transportation Security Administration were present to respond
to Member questions.
The Subcommittee Chair sent a letter to the Assistant
Administrator of the Transportation Security Administration on
February 17, 2011, requesting more detailed information on
TSA's aviation, pipeline, and surface transportation efforts.
On March 18, 2011, the Subcommittee received a reply.
On September 8, 2011, the Members of the Subcommittee
received a classified briefing from representatives from the
Transportation Security Administration on current threats to
the Nation's aviation and surface transportation security.
The Chair of the Full Committee and the Chair of the
Subcommittee sent a letter on November 15, 2011, to the
Assistant Secretary of Homeland Security for the Transportation
Security Administration. On December 8, 2011, TSA provided the
Committee with a classified response.
On November 16, 2011, the Subcommittee Chair received a
classified briefing on a vital transportation security matter.
On November 18, 2011, the Members of the Subcommittee received
a classified Member-only briefing on this issue.
Representatives from the Transportation Security Administration
and the Department of Homeland Security's Office of Inspector
General responded to Member concerns.
On June 4, 2012, the Members of the Subcommittee conducted
a site visit to Chicago, Illinois, to receive a briefing and
examine security at the Chicago O'Hare International Airport.
The site visit included a briefing and tour of the surface
transportation systems connected to the airport.
AIR CARGO SECURITY
On August 1, 2010, the Department of Homeland Security met
the mandate in the Implementing Recommendations of the 9/11
Commission Act (Pub.L. 110-53) to screen 100 percent of air
cargo transported on domestic passenger aircraft flights and
flights departing the United States. The Transportation
Security Administration (TSA) is not currently able to screen
100 percent of all inbound cargo on international passenger
flights but has not the Implementing Recommendation of the 9/11
Commission Act (Pub. L. 110-53) mandate to screen 100 percent
of domestic air cargo. The Subcommittee continues to discuss
with private sector stakeholders and the TSA methods to improve
security in a risk based manner, while promoting the free flow
of commerce.
On March 9, 2011, the Subcommittee held a hearing entitled
``Securing Air Commerce From the Threat of Terrorism.'' The
Subcommittee received testimony from Mr.John Sammon, Assistant
Administrator, Transportation Sector Network Management,
Transportation Security Administration, Department of Homeland
Security; and Mr.Stephen Lord, Director, Homeland Security and
Justice Issues, Government Accountability Office. The purpose
of this hearing was to examine air cargo security including:
On-going challenges for securing inbound cargo on international
passenger flights; TSA's efforts to develop screening measures
in collaboration with industry and foreign partners; and the
technology available to conduct those screening measures.
On February 28, 2012, the Subcommittee held a Member
briefing on the progress of securing inbound air cargo. Members
received an update from the Transportation Security
Administration and industry representatives.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Subcommittee conducted oversight of the Transportation
Security Administration (TSA) on transportation security
credentialing programs, including the Transportation Worker
Identification Credential (TWIC) in order to eliminate
inefficiencies and redundancies within the threat assessment
process and reduce costs for card applicants. Committee staff
also met with private sector stakeholders representing
different modes of transportation to examine impacts of the
TWIC on their sectors.
On March 17, 2011, the Subcommittee Chair sent a letter to
the Government Accountability Office (GAO) requesting to be a
co-requestor of a report entitled ``Transportation Worker
Identification Credential: Internal Control Weaknesses Need to
Be Corrected to Help Achieve Security Objectives.'' The GAO
provided this report on May 10, 2011 [GAO-11-657].
On April 6, 2011, the Subcommittee held a Member briefing
on the TWIC Program. Representatives from the Transportation
Security Administration and the U.S. Coast Guard were present
to respond to Member questions.
Committee staff have continued to meet with representatives
from TSA and other relevant Government stakeholders, including
GAO, to learn about challenges facing the TWIC program, and
updates on the impending universal rule.
AVIATION SECURITY
The Subcommittee continued to examine passenger and baggage
screening technology and procedures, international cooperation
issues, and Transportation Security Administration's (TSA)
security programs in order to identify where progress has been
made, and where shortfalls remain in strengthening aviation
security.
In the 112th Congress, the Subcommittee Chair and Committee
staff met with representatives from TSA and the Federal Air
Marshal Service to discuss the use of canines for explosives
detection. Similarly, the Subcommittee Chair met with the State
of Israel's Deputy Chief of Mission to discuss international
cooperation and aviation security and counterterrorism efforts.
On March 11, 2011, the Subcommittee Chair sent a letter to
the Administrator of the TSA expressing concern with inaccurate
contractor reporting concerning test results for X-ray
technologies deployed by TSA in the Nation's airports.
On May 25, 2011 the Subcommittee received a Member briefing
on the Transportation Security Administration's authorization
for fiscal years 2012 and 2013. Members were briefed by
representatives from the Transportation Security
Administration.
The Subcommittee held a hearing on June 2, 2011, entitled
``Authorizing the Transportation Security Administration for
Fiscal Years 2012 and 2013.'' The Subcommittee received
testimony from Hon. John S. Pistole, Administrator,
Transportation Security Administration, Department of Homeland
Security.
Members of the Subcommittee received a briefing on June 14,
2011, on the TSA's Behavior Detection Officer Screening of
Passengers by Observation Techniques, or the SPOT program.
On June 16, 2011, the Chair and Ranking Member of the Full
Committee sent a letter to the Administrator of TSA requesting
more information regarding a recent report of racial profiling
by Behavior Detection Officers (BDOs) at Newark Liberty
International Airport.
Committee staff met with various stakeholders from the
surface and aviation transportation industries to solicit their
input for the Transportation Security Administration
Authorization bill for fiscal years 2012 and 2013.
The Subcommittee held a hearing on July 12, 2011, entitled
``Industry Perspectives: Authorizing the Transportation
Security Administration for FY 2012 and 2013.'' The
Subcommittee received testimony from Mr.Tom Farmer, Assistant
Vice President, Security Safety and Operations, American
Association of Railroads; Mr.Martin Rojas, Vice President,
Security and Operations, American Trucking Association;
Ms.Wanda Dunham, Chief of Police and Emergency Management,
Metropolitan Atlanta Rapid Transit Authority, MARTA Police
Headquarters; Mr.Raymond Reese, Corporate Health, Safety and
Security Leader, Colonial Pipeline Company; Mr.John Risch,
Alternate National Legislative Director, United Transportation
Union; Mr.Peter J. Bunce, President and Chief Executive
Officer, General Aviation Manufacturers Association;
Mr.Nicholas E. Calio, President and Chief Executive Officer,
Air Transport Association; Mr.Steve Alterman, President, Cargo
Airline Association; and Mr.Christopher Witkowski, Director,
Air Safety, Health and Security, Association of Flight
Attendants--CWA. For further information, see the discussion on
H.R. 3011, listed above.
The Subcommittee held a classified Member-only briefing on
July 20, 2011, to examine covert testing results at
Transportation Security Administration passenger screening
checkpoints. Representatives from the Government Accountability
Office were present to respond to Member concerns.
On October 14, 2011, the Chair of the Subcommittee sent a
letter to the Administrator of the TSA expressing concern with
a recent court finding of a potentially flawed bidding process
for private security screeners at one of the Nation's airports.
The TSA provided a response to the Subcommittee on November 10,
and December 12, 2011.
The Chair of the Subcommittee sent a letter to the
Inspector General of the Department of Homeland Security on
November 2, 2011, regarding the recent allegations of perimeter
security breaches at one of the Nation's largest airports. The
Inspector General provided the Committee with a classified
report in February 2012 on this issue.
On November 30, 2011, the Subcommittee Chair and Mr.
Farenthold sent a letter to the Administrator of the TSA
requesting more information about TSA's use of storage
facilities nation-wide. In response, representatives from TSA
met with the Subcommittee Chair and Mr. Farenthold to discuss
the use of storage facilities.
On December 8, 2011, the Subcommittee held a hearing
entitled ``A Review of Passenger Screening Technology at U.S.
Airports.'' The Subcommittee received testimony from Hon. John
S. Pistole, Administrator, Transportation Security
Administration, Department of Homeland Security; Ms.Gale D.
Rossides, Deputy Administrator, Transportation Security
Administration, Department of Homeland Security; Mr.Robin E.
Kane, Assistant Administrator for Security Technology,
Transportation Security Administration, Department of Homeland
Security; Hon. Caryn Wagner, Under Secretary, Office of
Intelligence and Analysis, Department of Homeland Security; Dr.
Tara O'Toole, Under Secretary, Science and Technology
Directorate, Department of Homeland Security; Dr. Cedric Sims,
Executive Director, Office of Program Accountability and Risk
Management, Management Directorate, Department of Homeland
Security; Mr.Charles K. Edwards, Acting Inspector General,
Office of Inspector General, Department of Homeland Security;
Ms.Anne Richards, Assistant Inspector General for Audits,
Office of Inspector General, Department of Homeland Security;
and Mr.Stephen M. Lord, Director, Homeland Security and Justice
Issues, Government Accountability Office.
The Subcommittee Members received a classified briefing on
March 21, 2012, updating them on the concerns raised at the
December 8, 2011, hearing. Members were provided an update by
representatives from the Government Accountability Office.
Members of the Subcommittee conducted a site visit on
February 6, 2012, to Washington Dulles International Airport.
Members had the opportunity to observe the cargo and baggage
screening facilities, the Transportation Security Operations
Center (TSOC), and the Transportation Security Administration's
pilot program to test Credential Authentication Technology
Boarding Pass Scanning System (CAT/BPSS). On May 30, 2012,
Members of the Subcommittee conducted a site visit to TSA's
system integrity facility to receive a demonstration and
addtional detailes of CAT/BPSS.
On February 7 and 16, 2012, the Subcommittee held a hearing
entitled ``Screening Partnership Program: Why is a Job-
Creating, Public-Private Partnership Meeting Resistance at
TSA?'' The Subcommittee received testimony from Hon. John S.
Pistole, Administrator, Transportation Security Administration,
Department of Homeland Security; Mr. Mark VanLoh, A.A.E.,
Director, Aviation Department, Kansas City International
Airport; Stephen D. Amitay, Esq., Federal Legislative Counsel,
National Association of Security Companies; and Mr. John Gage,
National President, American Federation of Government
Employees. The purpose of this hearing was to examine the TSA
Screening Partnership Program (SPP) and discuss TSA's ability
to make responsible contracting decisions, while ensuring that
taxpayer dollars are not wasted. On March 1, 2012, the Chair of
the Subcommittee sent a letter to TSA following up on questions
raised at this hearing. The Subcommittee recived a response on
March 28, 2012.
The Subcommittee held a hearing on February 16, 2012,
entitled ``Last Line of Defense: the Federal Air Marshal
Service 10 Years After 9/11.'' The Subcommittee received
testimony from Mr. Robert S. Bray, Assistant Administrator for
Law Enforcement, Director, Federal Air Marshal Service,
Transportation Security Administration, Department of Homeland
Security; Mr. Michael Novak, Assistant Administrator, Training
and Workforce Engagement, Transportation Security
Administration, Department of Homeland Security; Mr. Roderick
J. Allison, Deputy Assistant Administrator for Law Enforcement,
Deputy Director, Federal Air Marshal Service, Transportation
Security Administration, Department of Homeland Security; and
Mr. Charles K. Edwards, Acting Inspector General, Office of the
Inspector General, Department of Homeland Security. The purpose
of this hearing was to assess the continued value and impact of
the Federal Air Marshal Service (FAMS) on aviation security;
learn about changes to FAMS as a result of the Transportation
Security Administration's recent internal reorganization; and
discuss the impact of the President's FY 2013 budget request.
On March 28, 2012, the Subcommittee held a hearing entitled
``Rightsizing TSA Bureaucracy and Workforce Without
Compromising Security.'' The Subcommittee received testimony
from Mr. David Nicholson, Assistant Administrator, Finance and
Administration and Chief Financial Officer, Transportation
Security Administration, Department of Homeland Security; Mr.
Christopher L. McLaughlin, Assistant Administrator, Security
Operations, Transportation Security Administration, Department
of Homeland Security; Mr. Sean J. Byrne, Assistant
Administrator, Human Capital, Transportation Security
Administration; Department of Homeland Security; and Mr. James
G. Duncan, Assistant Administrator, Professional
Responsibility, Transportation Security Administration,
Department of Homeland Security. The purpose of this hearing
was to examine the large number of Full Time Equivalent
employees at the Transportation Security Administration,
despite a net decrease in the number of passengers traveling
each year in the United States.
Members of the Subcommittee received a classified briefing
on April 25, 2012, on passenger screening technology at the
Nation's airports.
The Subcommittee held a hearing on May 16, 2012, entitled
``Access Control Point Breaches at Our Nation's Airports:
Anomalies or Systemic Failures?'' The Subcommittee received
testimony from Mr. John P. Sammon, Assistant Administrator,
Office of Security Policy and Industry Engagement,
Transportation Security Administration, Department of Homeland
Security; Mr. Charles K. Edwards, Acting Inspector General,
Department of Homeland Security; Mr. Mark Crosby, Chief of
Public Safety and Security, Portland International Airport,
testifying on behalf of the American Association of Airport
Executives; Captain Sean P. Cassidy, First Vice President, Air
Line Pilots Association, International; and Mr. William Swift,
Chairman, Airport Minority Advisory Council. The purpose of
this hearing was to discuss with TSA and its partners recent
breaches of security at airports across the country.
Additionally, this hearing examined coordination across all
entities with respect to the background checks that airports
and airline workers are subject to, and assessed whether those
background checks are sufficient.
On May 17, 2012, the Chair and Ranking Member of the
Subcommittee sent a letter to the Administrator of the
Transportation Security Administration regarding testimony
received at the May 16 hearing and recent Department of
Homeland Security Inspector General report entitled
``TransportationSecurity Administration's Efforts to Identify
and Track Breaches at Our Nation's Airports'' [OIG-12-80].
TECHNOLOGY PROCUREMENT
On September 22, 2011, the Subcommittee held a hearing
entitled ``TSA Reform: Exploring Innovations in Technology
Procurement to Stimulate Job Growth.'' The Subcommittee
received testimony from Ms.Elaine C. Duke, President, Elaine
Duke & Associates, LLC; Mr.Michael P. Jackson, President,
Firebreak Partners, LLC; and Mr.Stephen M. Lord, Director,
Homeland Security and Justice Issues, Government Accountability
Office.
On October 13, 2011, the Subcommittee continued its hearing
from September, receiving testimony from Mr.Marc A. Pearl,
President and CEO, Homeland Security and Defense Business
Council; Mr.Scott Boylan, Vice President and General Counsel,
Safran Morpho Detection; and Mr.Guy Ben-Ari, Deputy Director,
Defense-Industrial Initiatives Group, Fellow, International
Security Program, Center for Strategic and International
Studies.
The Subcommittee continued its examination on November 3,
2011, with a hearing entitled ``TSA Reform: Exploring
Innovations in Technology Procurement to Stimulate Job Growth,
Part III.'' The Subcommittee received testimony from Dr. Nick
Nayak, Chief Procurement Officer, Department of Homeland
Security; Mr.Robin E. Kane, Assistant Administrator, Security
Technology, Transportation Security Administration, Department
of Homeland Security; Mr.Paul Benda, Chief of Staff, Director,
Homeland Security Advanced Research Projects Agency, Department
of Homeland Security, accompanied by Dr. Susan Hallowell,
Director, Transportation Security Laboratory; and Mr.Charles K.
Edwards, Acting Inspector General, Department of Homeland
Security. This seriesr of hearings provided Members an
opportunity to examine innovaticve solutions to technology
procurement challenges at TSA, an agency that expends
significant funds each year on developing, purchasing, and
maintaining screening technology. The TSA is by far the largest
purchaser of detection equipment for the Department, with over
$2 billion in inventories in 2012, representing 66 percent of
the Department's assets according to a recent DHS Inspector
General report.
The Subcommittee Chair sent a letter to the Government
Accountability Office on February 22, 2012, requesting to be a
co-requestor of a report on the Transportation Security
Administration's National Explosives Detection Canine Program.
The GAO is initiating a review, and a report is expected to be
issued in 2012.
TRANSPORTATION SECURITY ADMINISTRATION REORGANIZATION
On December 1, 2011, the Subcommittee Members received a
briefing on the Transportation Security Administration's
internal reorganization from representatives from the
Transportation Security Administration.
AVIATION SECURITY EFFORTS IN FOREIGN NATIONS
On March 22, 2012, the Subcommittee held a Member briefing
on the delayed Rule for Aircraft Repair Station Security.
Representatives from the Transportation Security Administration
(TSA) and industry representatives were present to respond to
Member questions.
On March 27, 2012, the Chair of the Subcommittee and Mr.
Walberg sent a letter to the Secretary of Homeland Security
regarding the delayed rulemaking for Aircraft Repair Station
Security. On May 4, 2012, the Subcommitte received a response.
The Subcommittee held a hearing on April 7, 2011, entitled
``Strengthening International Cooperation on Aviation
Security.'' The Subcommittee received testimony from Mr.John W.
Halinski, Assistant Administrator, Office of Global Strategies,
Transportation Security Administration; Mr.Filip Cornelis, Head
of Unit for Aviation Security, Directorate General for Mobility
and Transport, European Commission; Mr.Rafi Ron, President, New
Age Security Solutions; and Mr.Jim Marriott, Chief, Aviation
Security Branch, International Civil Aviation Organization.
This hearing examined international standards that are designed
to ensure the security of both passenger and all-cargo
aircraft; how the United States works with its foreign partners
to ensure screening equipment is up-to-date and adequate for
the volume and type of passengers, baggage, and cargo it needs
to screen; the success of the foreign airport assessments
program; and how TSA shares information on security technology,
passenger name record data, and other vital security protocols
with foreign partners. On May 4, 2012, the Subcommitte received
a response.
On May 8, 2012, the Subcommittee held a hearing entitled
``Building Secure Partnerships in Travel, Commerce, and Trade
with the Asia-Pacific Region.'' The Subcommittee received
testimony from Mr. John Halinski, Assistant Administrator,
Office of Global Strategies, Transportation Security
Administration, Department of Homeland Security; Mr. Mark
Koumans, Deputy Assistant Secretary, Office of International
Affairs, Department of Homeland Security; Hon. Hans G. Klemm,
Economic Coordinator, U.S. Senior Official for Asia-Pacific
Economic Cooperation, Bureau of East Asian and Pacific Affairs,
U.S. Department of State; Mr. Gary E. Wade, Vice President
Security, Atlas Air Worldwide Holdings, Inc., testifying on
behalf of the Cargo Airline Association; Ms. Dorothy Reimold,
Assistant Director, Security and Travel Facilitation,
International Air Transport Association; Mr. Roger Dow,
President and Chief Executive Officer, U.S. Travel Association;
and Mr. Michael C. Mullen, Executive Director, Express
Association of America. The purpose of this hearing was to
discuss the economic and security ties between the United
States and Asia; the Department of Homeland Security's work in
Asia, including air cargo security; and information sharing
both amongst the Department and its private sector partners,
and amongst the Nation's public and private sector entities and
their Asia-Pacific counterparts.
On May 31, 2012, the Subcommittee on Oversight,
Investigations, and Management, and the Subcommittee on
Transportation Security held a joint Member briefing on the
Transportation Security Administration's (TSA) coordination on
aviation security with foreign countries. Representatives from
TSA were present to respond to Member questions.
SURFACE TRANSPORTATION SECURITY
From May 14 through 15, 2012, the Subcommittee conducted a
Member site visit to New York City, New York. Members examined
security issues including tours of the Jamaica Station Transit
Hub, Red Hook Container Terminal, Brooklyn-Battery Tunnel, New
York Police Department Lower Manhattan Security Initiative, 9/
11 Memorial, Ground Zero and Port Authority Trans-Hudson
Station. The Members also received a rail security briefing on-
board Amtrak.
On May 31, 2012, the Subcommittee held a hearing entitled
``TSA's Surface Inspection Program: Strengthening Security or
Squandering Scant Resources?'' The Subcommittee received
testimony from Chief John O'Connor, Amtrak Police Department;
Mr. Skip Elliott, Vice President, Public Safety and
Environment, CSX; Mr. Philip L. Byrd Sr., President, Bulldog
Hiway Express, testifying on behalf of the American Trucking
Associations; Mr. William C. Blankenship, Chief Operating
Officer, Greyhound Lines, Inc.; and Mr. Doug Morris, Director,
Safety and Security Operations, Owner-Operator Independent
Drivers Association. This hearing provided Members an
opportunity to examine the Surface Transportation Security
Inspection Program, and whether the budget for this program
would be more wisely spent on other surface transportation
security initiatives, such as the Transit Security Grant
Program; the canine explosives detection team funding; or TSA's
other surface transportation security initiatives. Stakeholder
concerns with the program were discussed, as well as other
surface transportation-related issues.
----------
Subcommittee Hearings Held
``Terrorism and Transportation Security.'' February 10, 2011.
(Serial No. 112-2)
``Securing Air Commerce From the Threat of Terrorism.'' March
9, 2011. (Serial No. 112-8)
``Strengthening International Cooperation on Aviation
Security.'' April 7, 2011. (Serial No. 112-17)
``H.R.1690, the `MODERN Security Credentials Act.''' May 4,
2011. (Serial No. 112-23)
``Authorizing the Transportation Security Administration for
Fiscal Years 2012 and 2013.'' June 2, 2011. (Serial No.
112-28)
``Industry Perspectives: Authorizing the Transportation
Security Administration for FY2012 and 2013.'' July 12,
2011 (Serial No. 112-28)
``TSA Reform: Exploring Innovations in Technology Procurement
to Stimulate Job Growth.'' September 22, 2011. (Serial
No. 112-46)
``TSA Reform: Exploring Innovations in Technology Procurement
to Stimulate Job Growth, Part II.'' October 13, 2011.
(Serial No. 112-46)
``TSA Reform: Exploring Innovations in Technology Procurement
to Stimulate Job Growth, Part III.'' November 3, 2011.
(Serial No. 112-46)
``A Review of Passenger Screening Technology at U.S.
Airports.'' December 8, 2011. (Serial No. 112-64)
``Screening Partnership Program: Why is a Job-Creating, Public-
Private Partnership Meeting Resistance at TSA?''
February 7, 16, 2012. (Serial No. 112-69)
``Last Line of Defense: the Federal Air Marshal Service 10
Years After 9/11.'' February 16, 2012. (Serial No.
112-71)
``Rightsizing TSA Bureaucracy and Workforce Without
Compromising Security.'' March 28, 2012. (Serial No.
112-82)
``Building Secure Partnerships in Travel, Commerce, and Trade
with the Asia-Pacific Region.'' May 8, 2012. (Serial
No. 112-92)
``Access Control Point Breaches at Our Nation's Airports:
Anomalies or Systematic Failures.'' May 16, 2012.
(Serial No. 112-94)
``TSA's Surface Inspection Program: Strengthening Security or
Squandering Scant Recources?'' May 31, 2012. (Serial
No. 112-98)
Subcommittee on Oversight, Investigations, and Management
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Texas
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex
Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Oversight, Investigations, and Management held
17 hearings, receiving testimony from 86 witnesses.
----------
Oversight Activities of the Subcommittee
WAR AGAINST MEXICAN DRUG CARTELS
Violence in the United Mexican States' war against drug
trafficking organizations has escalated in recent years. As a
result, the drug-related violence along the Mexican side of the
United States-Mexican border has become more brutal and
widespread. Given the increase in violent crime, the
Subcommittee examined the role the Department of Homeland
Security is playing to address Mexican drug-related violence at
and near the border.
On March 31, 2011, the Subcommittee held a hearing entitled
``The U.S. Homeland Security Role in the Mexican War Against
Drug Cartels.'' The Subcommittee received testimony from
Mr.Luis Alvarez, Assistant Director, Immigration and Customs
Enforcement, Department of Homeland Security; Mr.Brian Nichols,
Deputy Assistant Secretary, International Narcotics and Law
Enforcement Affairs, U.S. Department of State; Mr.Frank Mora,
Deputy Assistant Secretary of Defense, Western Hemisphere
Affairs, Department of Defense; Dr. Kristin Finklea, Analyst,
Domestic Social Policy Division, Congressional Research
Service; Mr.Jon Adler, President, Federal Law Enforcement
Officers Association; Dr. David Shirk, Director, Trans-Border
Institute, University of San Diego; Mr.John Bailey, Professor,
Government and Foreign Service, Georgetown University; and Dr.
Ricardo C. Ainslie, Department of Educational Psychology,
College of Education, The University of Texas at Austin. The
purpose of the hearing was to examine the Nation's efforts to
assist Mexico in the establishment of the rule of law and to
combat drug cartels.
On April 27, 2011, the Chairs of the Full Committee and the
Subcommittee sent a letter to the Secretary of State urging
support for H.R.1270 and requesting the State Department
``develop a comprehensive strategy with the overall goal of
assisting the Mexican Government in their effort to win the war
against the drug cartels.''
During a speech given March 24, 2011, the Secretary of
Homeland Security stated: ``the border is better now than it
ever has been.'' On May 11, 2011, the Subcommittee held a
follow-up hearing entitled ``On the Border and in the Line of
Fire: U.S. Law Enforcement, Homeland Security, and Drug Cartel
Violence,'' to examine current border security efforts and
reports of spill-over violence. The Subcommittee received
testimony from Mr.Grayling Williams, Director, Office of
Counternarcotics Enforcement, Department of Homeland Security;
Ms.Amy Pope, Deputy Chief of Staff and Counselor, Criminal
Division, Office of Assistant Attorney General, U.S. Department
of Justice; Mr.Steven C. McCraw, Director, Texas Department of
Public Safety; Hon. Thomas C. Horne, Attorney General, State of
Arizona; Sheriff Sigifredo Gonzalez, Zapata County, State of
Texas; and Chief Victor Rodriguez, McAllen Police Department,
State of Texas.
Following the May 11 hearing, the Subcommittee Chair sent a
letter to the Government Accountability Office requesting among
other things an audit of the Merida Initiative. The GAO is
investigating this issue and plans to issue a report later in
2012.
On October 4, 2011, the Subcommittee on Oversight,
Investigations, and Management and the Committee on Foreign
Affairs' Subcommittee on the Western Hemisphere held a joint
hearing entitled ``Is Merida Antiquated? Part Two: Updating
U.S. Policy to Counter Threats of Insurgency and Narco-
Terrorism.'' The Subcommittees received testimony from Hon.
William R. Brownfield, Assistant Secretary, Bureau of
International Narcotics and Law Enforcement Affairs, U.S.
Department of State; Mr.Rodney G. Benson, Assistant
Administrator, Chief of Intelligence, Drug Enforcement
Administration, U.S. Department of Justice; and Ms.Mariko
Silver, Acting Assistant Secretary, Office of International
Affairs, U.S. Department of Homeland Security. The purpose of
the hearing was to examine the Nation's efforts to assist the
Mexican government and win the war against the Mexican drug
cartels.
Following the hearing, the Subcommittee Chair sent a letter
to the Secretary of State on December 9, 2011, urging review of
the entire Merida Initiative and urging making the necessary
changes to the program to address the new terrorist tactics of
the drug cartels.
DHS MANAGEMENT
On March 11, 2011, the Subcommittee Chair met with the
newly confirmed Department of Homeland Security Under Secretary
for Management to discuss his vision and goals as the Under
Secretary.
The Subcommittee Chair met with representatives of the
Government Accountability Office (GAO) on March 11, 2011,
regarding issues facing the Department. Among the topics
discussed were duplication of Government homeland security
programs, border security, transportation security,
cybersecurity, Fusion Centers, and DHS contracting.
The Subcommittee Chair met with the Acting Inspector
General of the Department of Homeland Security on April 13,
2011, to receive a briefing on what the Office of Inspector
General had in plan for future investigations.
On February 9, 2012, the Subcommittee hosted a Member
briefing on the Department's management goals and priorities
for 2012. Topics covered during the briefing, led by the Under
Secretary for Management, included strengthening the
Department's acquisition process, contracting duplication, a
simplified budget structure, improper payments, and progress
made on the Department's ``qualified'' audit opinion.
The Subcommittee Chair sent a letter to the Comptroller
General of the United States on April 24, 2012, requesting to
be a co-requester of two reports GAO is preparing on the
Department of Homeland Security's Office of Policy and
intelligence analysis capabilities at the request of the Senate
Committee on Homeland Security and Governmental Affairs.
Committee staff received briefings from the Department's
Chief Human Capital Officer, the Chief Procurement Officer, the
Chief Financial Officer, the Chief Administrative Officer,
Chief Learning Officer, and the Chief Information Officer.
On May 30, 2012, the Chair and Ranking Members of the
Subcommittee on Oversight, Investigations and Management and
the Subcommittee on Border and Maritime Security sent a letter
to the GAO requesting a review of the Department's Trusted
Traveler programs to include the extent to which these programs
have improved the facilitation of commerce and trade across
U.S. borders, their impact on security, the effectiveness of
the application process, and how the Department measures the
programs' performance.
DHS INFORMATION TECHNOLOGY
The Department of Homeland Security (DHS) is the largest
procurer of information technology (IT) systems in the Federal
civilian Government with a fiscal year 2011 IT budget of
roughly $6 billion. The Department plans to use these funds to
manage 90 ``major'' IT investments intended to assist the
Department in carrying out its mission of leading the National
effort to secure the Nation against terrorist attacks and other
threats and hazards. Recently the Department reported that over
half of these ``major'' investments encountered or are at risk
of encountering significant cost and schedule shortfalls.
In light of this, on May 27, 2011, the Subcommittee Chair
and Ranking Member sent letters to the Government
Accountability Office (GAO): the first, requesting GAO to
review how well the Department is managing at-risk investments,
and the second, asked GAO to assess the extent to which the
Department has established IT governance and oversight
structures, and how these are being used to manage and oversee
IT investments. The GAO has initiated an investigation and
intends to issue a report on the findings later in 2012.
DENYING TERRORIST SAFE HAVENS
The Intelligence Reform and Terrorism Prevention Act of
2004 (Pub. L. 108-458) and the National Defense Authorization
Act of 2010 (Pub. L. 111-84) require the Administration to
report on efforts to deny terrorists safe havens. A June 2011
Government Accountability Office (GAO) report titled,
``Combating Terrorism: U.S. Government Should Improve Its
Reporting on Terrorist Safe Havens,'' [GAO-11-561] reviewed the
extent to which the Department of State (DOS) identified and
assessed terrorist safe havens and interagency efforts to deny
terrorists safe havens. GAO found that although DOS does
identify existing terrorist safe havens in its Country Reports
on Terrorism, that report lacks the level of detail required by
Congress. Specifically, the GAO stated that ``the DOS report is
incomplete without including the contributions of its various
interagency partners to address terrorist safe havens.''
Additionally, the GAO notes that the Government has not
developed a list of all efforts to deny safe haven to
terrorists. DOS has identified only a few efforts that it
funds, but does not include other Federal Government funding
efforts, including funding by the Department of Defense (DoD).
The Department of Homeland Security currently receives its
funding for programs and activities that deny safe havens from
both the Departments of State and Defense.
Following the release of the GAO report, the Subcommittee
held a hearing to examine the threat of safe havens to the
United States and what the Department of Homeland Security--
working in conjunction with other Federal Government agencies--
is doing to combat this threat. On June 3, 2011, the
Subcommittee held the hearing entitled ``Denying Safe Havens:
Homeland Security's Efforts to Counter Threats from Pakistan,
Yemen, and Somalia.'' The Subcommittee received testimony from
Ms.Jacquie Williams-Bridgers, Managing Director, International
Affairs and Trade, Government Accountability Office; Mr.Mark
Koumans, Deputy Assistant Secretary, International Affairs,
Department of Homeland Security; Ms.Shari Villarosa, Deputy
Coordinator for Regional Affairs, Department of State; Mr.James
Q. Roberts, Principal Director for Special Operations and
Combating Terrorism, Office of Special Operations/Low-Intensity
Conflict and Interdependent Capabilities, Department of
Defense; Mr.Steve Coll, President and CEO, New America
Foundation; Prof. Bruce Hoffman, Director, Center for Peace and
Security Studies and Director, Security Studies Program,
Georgetown University; and Prof. Daniel L. Byman, Security
Studies Program, School of Foreign Service at Georgetown
University and Senior Fellow, Saban Center for Middle East
Policy, The Brookings Institution. The purpose of the hearing
was to determine the Department of Homeland Security's presence
in surrounding safe haven countries and the United States'
efforts to contain terrorists in those safe havens.
DHS ACQUISITION MANAGEMENT
The Department of Homeland Security has been criticized in
the past for, among other things, failing to supervise projects
and allowing the costs of certain contracts to exceed initial
estimates. As a result of this lapse, on May 27, 2011, the
Subcommittee Chair and Ranking Member sent a letter to the
Government Accountability Office requesting a review of the
contracting mechanisms at the Department. The GAO has initiated
an investigation and intends to issue a report on its findings
later in 2012.
Additionally, on March, 21, 2012, the Subcommittee Chair
sent a letter to the Comptroller General asking to be a co-
requester of a report that the Government Accountability Office
is preparing on the Department of Homeland Security's
acquisition policy at the request of the Senate Committee on
Homeland Security and Governmental Affairs. The GAO has
initiated an investigation and intends to issue a report on the
findings later in 2012.
DHS WORKFORCE MORALE
In recent years, the Department of Homeland Security has
ranked as one of the Departments with the lowest morale among
employees within the Federal Government. Understanding why the
Department is considered such a difficult place to work is
imperative. The ``Best Places to Work in the Federal
Government'' rankings--compiled by the Partnership for Public
Service and American University's Institute for the Study of
Public Policy Implementation--showed the Department in 28th
place out of 32 agencies in 2010. This is the same ranking as
in 2009. Additionally, in 2010, the Department administered an
internal survey, which returned more than 10,000 completed
responses. The findings of this survey show leading indications
of dissatisfaction ranged from: The Department not dealing with
poor work performers to the way promotions are decided. As a
result, on May 27, 2011, the Subcommittee Chair and Ranking
Member sent a letter to the Government Accountability Office
requesting an investigation into the causes of this,
specifically, to what extent the Department has identified the
root causes that have contributed to low employee morale, and
what progress has made in addressing these issues within the
Department. The GAO has initiated an investigation and intends
to issue a report on the findings later in 2012.
In a continued effort to examine the problem of low morale
within the Department, on March 22, 2012, the Subcommittee held
a hearing entitled ``Building One DHS: Why is Employee Morale
Low?'' The Subcommittee received testimony from Admiral Thad
Allen (Ret.), Senior Vice President, Booz Allen Hamilton; Ms.
Catherine Emerson, Chief Human Capital Officer, Department of
Homeland Security; Mr. David Maurer, Director, Homeland
Security and Justice Team, Government Accountability Office;
Mr. Max Stier, President and CEO, The Partnership for Public
Service; and Dr. Jeff T. H. Pon, Chief Human Resources Officer,
Society for Human Resource Management.
Following the hearing, the Subcommittee chair sent a letter
to the Secretary of Homeland Security on May 17, 2012,
encouraging the Department to work with stakeholders,
leadership, and DHS employees to adopt a robust plan to improve
morale within the agency.
FINANCIAL MANAGEMENT AT FEMA
In light of a March 31, 2011 criminal complaint filed
against a Federal Emergency Management Agency (FEMA) employee
for embezzlement, on May 4, 2011, the Chairs of the
Subcommittee on Oversight, Investigations, and Management and
the Subcommittee on Emergency Preparedness, Response, and
Communications Subcommittee, sent a letter to the Administrator
of FEMA requesting information regarding the processes that
exist to vet employees, particularly those with access to
financial systems, and what internal controls are in place
within FEMA's various payroll systems to help identify possible
fraudulent activity. At this time, no response has been
received by the Committee.
OVERSIGHT OF ST. ELIZABETHS CONSTRUCTION
The construction of the Department of Homeland Security
Headquarters at the St. Elizabeths facility is the largest
Federal construction project to occur in Washington, DC area
since the construction of The Pentagon. The project will bring
many Department components together under one roof and house
roughly 14,000 employees on the campus. Over $1 billion has
been appropriated for its construction to-date.
On May 31, 2011, Members conducted a site visit to the St.
Elizabeths campus to examine the progress of construction and
plans moving forward.
On March 29, 2012, officials from DHS and the General
Services Administration briefed Committee staff on construction
at the St. Elizabeths facility and discussed upcoming budget
requests. The Subcommittee will continue to closely monitor
this major project.
DHS EFFORTS TO PROTECT AMERICAN JOBS AND SECURE THE HOMELAND
Two Department of Homeland Security components, U.S.
Immigration and Customs Enforcement and the U.S. Customs and
Border Protection (CBP), have broad responsibilities to enforce
laws and regulations that have a significant impact on the
American economy. It is imperative these components work hand-
in-hand with the private sector to effectively enforce the law
and protect the Nation's intellectual property. Given these
challenges, the Subcommittee examined the effectiveness of the
Department's efforts.
On July 7, 2011, the Subcommittee held a hearing entitled
``Homeland Security Investigations: Examining DHS's Efforts to
Protect American Jobs and Secure the Homeland.'' The
Subcommittee received testimony from Mr.Brian Toohey,
President, Semiconductor Industry Association; Mr.Michael
Russo, Director of Global Security and Product Protection, Eli
Lilly and Company; Mr.Mario Mancuso, Partner, Fried, Frank,
Harris, Shriver & Jacobson, LLP; and Ms.Jena Baker-McNeill,
Private Citizen.
The Subcommittee Chair, along with Mr. Duncan of South
Carolina and Mr. Marino, sent a letter to the Secretary of
Homeland Security and the Secretary of the Treasury on July 13,
2011, requesting an explanation of a CBP policy that appears to
deter collaborative efforts and information sharing between CBP
and the private sector as it relates to counterfeit computer
chips entering the United States. The Commissioner of the U.S.
Customs and Border Protection responded on July 28, 2011. The
response did address most of the concerns of the Subcommittee
and on September 22, 2011, the Chair and Ranking Member of the
Subcommittee sent a follow-up letter requesting further
clarification. At this time, no response has been received by
the Committee.
HOMELAND SECURITY CONTRACTING
The Department of Homeland Security continues to face
challenges managing and overseeing its acquisition programs, as
well as effectively leveraging existing and emerging
technologies to accomplish its mission. Additionally, instances
have arisen where the Department spends millions of dollars
developing new technologies only to discover adequate off-the-
shelf technologies exist that can accomplish the same
objectives. Therefore, the Subcommittee examined the
Department's process for seeking out technologies across
components, the Federal Government, and the private sector in
order to reduce costs.
On July 15, 2011, the Subcommittee held a hearing entitled
``Homeland Security Contracting: Does the Department
Effectively Leverage Emerging Technologies?'' The Subcommittee
received testimony from Mr.Charles K. Edwards, Acting Inspector
General, Department of Homeland Security; Mr.David Maurer,
Director, Homeland Security and Justice Team, Government
Accountability Office; Mr.Rafael Borras, Under Secretary for
Management and Chief Acquisition Officer, Department of
Homeland Security; Dr. Tara O'Toole, Under Secretary, Science
and Technology Directorate, Department of Homeland Security;
Mr.Jim Williams, Vice Chair, Homeland Security Committee,
TechAmerica; Mr.Marc Pearl, President and CEO, Homeland
Security and Defense Business Council; and Mr.Scott Amey,
General Counsel, Project On Government Oversight.
ASSESSING SECURITY AT THE PORT OF HOUSTON
In testimony before the Subcommittee, a Government
Accountability Office witness testified: ``[Al-Qaeda] and other
groups with malevolent intent continue to target energy tankers
and offshore energy infrastructure because of their importance
to the Nation's economy and National Security.'' It is because
of this on-going threat and the Port of Houston's importance to
the Nation's energy, economy, and National security, the
Subcommittee examined security measures implemented at the
Port, possible improvements, and best practices that could
potentially be implemented at other ports.
On August 24, 2011, the Subcommittee held a field hearing
in Houston, Texas, entitled ``Preventing an Economic Shock
Wave: Securing the Port of Houston from a Terrorist Attack.''
The Subcommittee received testimony from Mr.Stephen Caldwell,
Director of Maritime and Coast Guard Issues, Homeland Security
and Justice Team, Government Accountability Office; Capt. James
H. Whitehead, Sector Commander, Sector Houston-Galveston,
United States Coast Guard, Department of Homeland Security;
Sheriff Adrian Garcia, Harris County Sheriff's Office, Texas;
Mr.James T. Edmonds, Chairman, The Port of Houston Authority;
and Capt. William Diehl (Ret.), President, Greater Houston Port
Bureau.
The Subcommittee Chair sent a letter to the Commandant of
the U.S. Coast Guard, on August 24, 2011, urging the U.S. Coast
Guard to examine the unique public-private partnership
established at the Port of Houston and its possible
applicability at other ports in the United States. No response
has been received at this time.
TEN YEARS AFTER 9/11: ASSESSING AIRPORT SECURITY AT BOSTON LOGAN
Over the last decade, the Department of Homeland Security
(DHS) worked to develop systems to secure aviation
transportation to prevent terrorist attacks such as the tragic
events of September 11, 2001. The two main areas of focus were
perimeter security and the new behavior screening system known
as Screening Passengers by Observation Techniques (SPOT). The
Subcommittee examined how the perimeter and behavior detection
systems developed over the last 10 years, and observed the
perimeter and system at Boston Logan International Airport, one
of the launch sites for the attacks of September 11.
On September 16, 2011, the Subcommittee held a field
hearing in Boston, Massachusetts entitled ``Ten Years After 9/
11: Assessing Airport Security and Preventing a Future
Terrorist Attack.'' The Subcommittee received testimony from
Mr.Stephen M. Lord, Director, Homeland Security and Justice
Issues, Government Accountability Office; Mr.Chris McLaughlin,
Assistant Administrator, Office of Security Operations,
Transportation Security Administration, Department of Homeland
Security; Admiral (Ret.) George Naccara, Federal Security
Director, Transportation Security Administration, Department of
Homeland Security; Mr.Edward C. Freni, Director of Aviation,
Massachusetts Port Authority; and Major Michael Concannon,
Massachusetts State Police Troop F Headquarters.
The Subcommittee Chair sent a letter to the Secretary of
Homeland Security on December 5, 2011, urging the Department to
consider implementation of the SPOT behavioral screening system
Nation-wide and to continue close examination of perimeter
security at all aviation sites throughout the United States.
On May 16, 2012, the Subcommittee Chair sent a letter to
the Administrator of the Transportation Security Administration
expressing concerns over the inefficient deployment of certain
screening equipment and the need for the agency to work with
foreign partners to deploy advanced screening technologies and
procedures abroad.
NARCO-TERRORISM'S THREAT ALONG THE SOUTHERN U.S. BORDER
In 2011, the Southwest Border of the United States,
specifically the State of Texas, reported they had experienced
more than 22 murders, 24 assaults, 15 shootings, and 5
kidnappings stemming from cartel activity during a one year
period. The cartels are exploiting holes in U.S. border
security to infiltrate America's cities as bases for narco-
trafficking and terrorist activities. Retired U.S. Army
Generals Scales and McCaffrey produced a report entitled ``A
Call to Action: Narco-Terrorism's Threat to the Southern U.S.
Border,'' which outlined these threats and sparked the
Subcommittee to further investigate their findings as related
to the potential gaps in homeland security.
On October 14, 2011, the Subcommittee held a hearing
entitled ``A Call to Action: Narco-Terrorism's Threat to the
Southern U.S. Border.'' The Subcommittee received testimony
from General Barry R. McCaffrey (Ret.), President, BR McCaffrey
Associates, LLC; Major General Robert H. Scales (Ret.),
President, COLGEN, LP; Mr.Todd Staples, Commissioner, Texas
Department of Agriculture; and Dr. Michael Vickers, Las Palmas
Veterinary Hospital; and Ms. Sylvia Aguilar, Chief Deputy, El
Paso County Sheriff's Office Head Quarters. The purpose of the
hearing was to determine the Nation's effort to counter the
growing violence along the Southern Border.
As a result of the hearing, the Chair of the Subcommittee
sent a letter to the Secretary of Homeland Security on December
5, 2011, requesting the Department review the McCaffrey-Scales
report and, furthermore, develop a comprehensive strategy with
State authorities to make border security more effective.
BUREAUCRACY, FEMA, AND THE TEXAS WILDFIRES
The Summer of 2011 brought the State of Texas record-high
temperatures and the worst drought in 100 years. This set the
conditions for-fires to spark and spread to engulf more than
1,400 homes and thousands of acres. The Federal Emergency
Management Agency's (FEMA) response was delayed and the Federal
Government failed to pre-position assisting aircraft despite
all of the warning signs and potential damage to the region. In
an effort to determine lessons learned from the disaster, the
Subcommittee examined the Federal response to the wildfires,
and the processes by which local and State government had to
initiate in order to receive necessary support from the Federal
Government.
On October 17, 2011, the Subcommittee held a field hearing
in Austin, Texas entitled ``Texas Wildfire Review: Did
Bureaucracy Prevent a Timely Response?'' The Subcommittee
received testimony from Mr.W. Nim Kidd, Assistant Director,
Emergency Management, Texas Department of Public Safety; Major
General John F. Nichols, Adjutant General, Texas Military
Forces Texas; Mr.Kevin Starbuck, CEM, Emergency Management
Coordinator, Amarillo/Potter/Randall Office of Emergency
Management; Mr.Tony Russell, Region VI Regional Administrator,
Federal Emergency Management Agency, Department of Homeland
Security; and Mr.Tom Harbour, Director, Fire and Aviation
Management, Forest Service, U.S. Department of Agriculture.
TERRORIST TRAVEL
On October 11, 2011 United States officials revealed that
two men were charged in New York State for allegedly plotting
to assassinate the Saudi Arabian Ambassador in Washington, DC,
on behalf of the Government of Iran. One man was a citizen of
the United States, the other a member of Iran's Qods Force--a
special operations unit within the Iranian Islamic
Revolutionary Guard Corps. Allegedly the men collaborated with
a Drug Enforcement Administration informant who was identified
as a member of the Los Zetas drug cartel. The implications of
foreign governments utilizing cartels to gain access to the
United States in an attempt to assassinate political officials
are a threat to National security and a breach of international
law. The Subcommittee investigated the matter in order to fully
assess the likelihood and capabilities of foreign terrorist
organizations to breach the country's border and terrorize the
homeland.
On October 26, 2011, the Subcommittee on Counterterrorism
and Intelligence and the Subcommittee on Oversight,
Investigations, and Management held a joint hearing entitled
``Iranian Terror Operations on American Soil.'' The
Subcommittees received testimony from General Jack Keane
(Ret.), United States Army; Mr.Reuel Marc Gerecht, Senior
Fellow, Foundation for Defense of Democracies; Dr. Matt Levitt,
Director, Stein Program on Counterterrorism and Intelligence,
The Washington Institute for Near East Policy; Dr. Lawrence
Korb, Senior Fellow, Center For American Progress Action Fund;
and Colonel Timothy J. Geraghty (Ret.), United States Marine
Corps. The purpose of the hearing was to examine the plot by
Iran to assassinate the Saudi Arabian ambassador to the United
States.
As a result of the hearing, the Chairs of the Full
Committee and the Subcommittee on Oversight, Investigations,
and Management and the Subcommittee on Counterterrorism and
Intelligence sent a letter on November 22, 2011, to the
President urging the administration to enforce sanctions on
Iran's Central Bank, designate the Iranian Revolutionary Guard
Corps as a foreign terrorist organization, and conduct all
efforts appropriate to ensure protection of the homeland.
FORFEITED ASSETS MANAGEMENT
According to the Department of the Treasury, the Department
of Homeland Security received $345.72 million in Treasury
Forfeiture Funds in FY2010. The Department of the Treasury
states that the U.S. Customs and Border Protection received
$65.343 million, the U.S. Immigration and Customs Enforcement
received $154.14 million, the Secret Service received $121.724
million, the United States Coast Guard received $4.18 million,
and the Federal Law Enforcement Training Center received $0.345
million in FY2010.
Given the magnitude of the aforementioned funds, the
Subcommittee Chair sent a letter to the Secretary of Homeland
Secretary on December 9, 2011, requesting the Department
clarify how the money was used by the Department and its
components. The Committee has not received a response at this
time.
OVERSIGHT OF MANAGEMENT EFFICIENCY
The Department of Homeland Security established an
Efficiency Review Board for the purposes of measuring cost-
savings, effectiveness, and efficiencies within Departmental
components. The Secretary of Homeland Security, Janet
Napolitano, stated the efficiency review, ``is designed to make
sure we get the highest and best use out of precious taxpayer
dollars.'' Government Accountability Office reports indicate
that oversight of the progress of efficiency review boards is
critical to make sure the review is being properly conducted.
To assess the progress of the board, the Subcommittee Chair
sent a letter on December 9, 2011, to the Secretary of Homeland
Security requesting information about the board's composition,
methodologies of assessment, and findings thus far. The
Committee has not received a response at this time.
The Department of Homeland Security (DHS) continues to face
challenges integrating and consolidating its basic management
functions. Inadequate business information integration has
caused mismanagement, redundancies and duplication, and
inefficient use of resources that has increased costs within
the Department. DHS still lacks effective program management,
clear roles and processes for program governance, sharing of
best practices, and access to timely, reliable and analyzed
data on more than $18 billion in acquisitions and investments.
As a result, management integration remains on the Government
Accountability's Office (GAO) High Risk List (High-Risk Series:
An Update, [GAO-11-278].
In response to these management difficulties, on March 1,
2012, the Subcommittee held a hearing entitled ``Building One
DHS: Why Can't Management Information be Integrated?'' The
Subcommittee received testimony from Hon. Rafael Borras, Under
Secretary for Management, Department of Homeland Security; Mr.
David Maurer, Director, Homeland Security and Justice Team,
Government Accountability Office; and Mr. Charles K. Edwards,
Acting Inspector General, Department of Homeland Security.
In light of the April 2, 2012, ``Management Deficiency
Report,'' published by the Office of Inspector General at the
U.S. General Services Administration (GSA), the public became
aware of egregious waste and abuse of resources within Federal
agencies. The report highlighted excessive and improper
spending on conference planning, food, and mementos within the
GSA. On April 27, 2012, the Subcommittee Chair sent a letter to
the Under Secretary for Management of the Department of
Homeland Security requesting information regarding National and
international conferences attended by DHS personnel and how
resources are spent. No response has been received from the
Department.
DUPLICATIVE TASKING REQUIREMENTS
Given the constrained fiscal environment, the Department of
Homeland Security is under increased pressure to find cost
savings and optimize funding. However, Government
Accountability Office (GAO) reports [GAO-11-318SP, GAO-12-
342SP, and GAO-12-453SP] indicate the agency has a number of
duplicative tasking requirements. These duplicative taskings
spike costs and drain vital revenues. In many instances the
Department is repeating efforts of State and local governments,
other agencies, and in some cases within its own agency.
Given these concerns, the Subcommittee Chair sent a letter
to the Comptroller General of the United States on December 9,
2011, requesting that GAO investigate and report on the
specific instances of duplicative taskings within Departmental
components.
In February 2012, the GAO reported on duplication and cost
savings opportunities across the Federal Government in a report
entitled ``2012 Annual Report: Opportunities to Reduce
Potential Duplication, Overlap, and Fragmentation, Achieve
Savings, and Enhance Revenue'' [GAO-12-342SP]. The GAO
identified two new duplicative homeland security areas
including homeland security grants and Federal facility risk
assessments in its February 2012 report on duplication. GAO's
report also identified four opportunities to save costs
including border security, passenger aviation security fees,
immigration inspection fees, and domestic disaster assistance.
To continue its examination of duplication and
opportunities for cost savings within the Department, on March
8, 2012, the Subcommittee held a hearing entitled ``Eliminating
Waste, Fraud, Abuse, and Duplication in the Department of
Homeland Security.'' The Subcommittee received testimony from
Hon. James Gilmore III, Former Governor of Virginia and
Chairman of the Congressional Advisory Panel to Assess Domestic
Response Capabilities for Terrorism Involving Weapons of Mass
Destruction; Ms. Cathleen Berrick, Managing Director, Homeland
Security and Justice Issues, Government Accountability Office;
Mr. Charles K. Edwards, Acting Inspector General, Department of
Homeland Security; and Mr. Scott Lilly, Senior Fellow, Center
for American Progress.
Immediately following the March 8 hearing, the Subcommittee
Chair sent a letter to the Secretary of Homeland Security to
inform the Secretary of the hearing findings.
HOMELAND SECURITY STRATEGY
In the Implementing Recommendations of the 9/11 Commission
Act of 2007 (Pub. L. 110-53), Congress mandated that the
Department of Homeland Security (DHS) carry out a Quadrennial
Homeland Security Review (QHSR), as a way to develop and update
strategies for homeland security and align the strategy to the
Department's programs and activities. DHS defines the primary
purpose of the QHSR as a strategic framework to guide the
activities of participants in homeland security toward a common
end. In an effort to examine the current strategy documents
produced by the Department and their effective implementation,
on February 3, 2012, the Subcommittee held a hearing entitled
``Is DHS Effectively Implementing a Strategy to Counter
Emerging Threats?'' The Subcommittee received testimony from
Hon. Paul Schneider, Principal, The Chertoff Group; Ms. Sharon
L. Caudle, PhD, The Bush School of Government and Public
Service, Texas A&M University; Mr. Shawn Reese, Analyst,
Emergency Management and Homeland Security Policy,
Congressional Research Service; Mr. David Maurer, Director,
Homeland Security and Justice Team, Government Accountability
Office; and Mr. Alan Cohn, Deputy Assistant Secretary, Office
of Policy, Department of Homeland Security.
Following the hearing, the Subcommittee Chair sent a letter
to the Secretary of Homeland Security encouraging the
Department to conduct an in-depth risk assessment prior to
developing a strategy and to work more closely with
stakeholders.
ETHICAL STANDARDS
Public service is a public trust. Each Federal employee has
a responsibility to the United States Government and its
citizens to place loyalty to the Constitution, laws and ethical
principles above private gain. However, over the past two years
several reports of employees of the Department of Homeland
Security acting unethically and in some cases criminally have
eroded the faith entrusted to them by the American people. In
response, on May 17, 2012, the Subcommittee held a hearing
entitled ``Department of Homeland Security: An Examination of
Ethical Standards.'' The Subcommittee received testimony from
Mr. Charles K. Edwards, Acting Inspector General, Department of
Homeland Security; Mr. Thomas S. Winkowski, Acting Deputy
Commissioner, Customs and Border Protection, Department of
Homeland Security; Mr. James G. Duncan, Assistant
Administrator, Office of Professional Responsibility,
Transportation Security Administration, Department of Homeland
Security; and Mr. Timothy Moynihan, Assistant Director, Office
of Professional Responsibility, Immigration and Customs
Enforcement, Department of Homeland Security.
Furthermore, on April 24, 2012, the Subcommittee Chair
asked to become a co-requester of a report that the Government
Accountability Office is preparing on personnel misconduct in
the Transportation Security Administration at the request of
the Chairman of the House Transportation and Infrastructure
Committee. Additionally the Subcommittee Chair sent a letter
providing the findings from the hearing to the Secretary.
CYBER THREATS
Americans are currently under attack by nation states and
computer hackers seeking to target our Nation's critical
infrastructure, steal our intellectual property, and compromise
sensitive information such as personal credit cards, bank
accounts, and social security numbers. The Director of the
Federal Bureau of Investigation, Robert S. Mueller III stated
the dangers from cyber attacks will equal or surpass the
dangers of terrorism ``in the foreseeable future, and will pose
the number one threat to our country.'' In response to this
rapidly growing threat, on April 24, 2012, the Subcommittee
held a hearing entitled ``America is Under Cyber Attack: Why
Urgent Action is Needed.'' The Subcommittee received testimony
from Mr. Shawn Henry, Former Executive Assistant Director,
Criminal, Cyber, Response, and Services Branch, Federal Bureau
of Investigation, Department of Justice; Mr. James Lewis,
Director and Senior Fellow, Technology and Public Policy
Program, Center for Strategic and International Studies; Mr.
Gregory C. Wilshusen, Director, Information Security Issues,
Government Accountability Office; Mr. Stuart McClure, Chief
Technology Officer, McAfee; and Dr. Stephen E. Flynn, Founding
Co-Director, George J. Kostas Research Institute for Homeland
Security, Northeastern University.
AVIATION SECURITY WITH FOREIGN COUNTRIES
On May 31, 2012, the Subcommittee on Oversight,
Investigations, and Management, and the Subcommittee on
Transportation Security held a joint Member briefing on the
Transportation Security Administration's (TSA) coordination on
aviation security with foreign countries. Representatives from
TSA were present to respond to Member questions.
----------
Subcommittee Hearings Held
``The U.S. Homeland Security Role in the Mexican War Against
Drug Cartels.'' March 31, 2011. (Serial No. 112-14)
``On the Border and in the Line of Fire: U.S. Law Enforcement,
Homeland Security and Drug Cartel Violence.'' May 11,
2011. (Serial No. 112-24)
``Denying Terrorist Safe Havens: Homeland Security's Efforts to
Counter Threats from Pakistan, Yemen and Somalia.''
June 3, 2011. (Serial No. 112-28)
``Homeland Security Investigations: Examining DHS's Efforts to
Protect American Jobs and Secure the Homeland.'' July
7, 2011 (Serial No. 112-34)
``Homeland Security Contracting: Does the Department
Effectively Leverage Emerging Technologies?'' July 15,
2011 (Serial No. 112-39)
``Preventing an Economic Shock Wave: Securing the Port of
Houston from a Terrorist Attack.'' August 24, 2011
(Houston, Texas) (Serial No. 112-41)
``Ten Years After 9/11: Assessing Airport Security and
Preventing a Future Terrorist Attack.'' September 16,
2011. (Boston, Massachusetts) (Serial No. 112-45)
``Merida Part Two: Insurgency and Terrorism in Mexico.''
October 4, 2011. Joint with the Committee on Foreign
Affairs' Subcommittee on the Western Hemisphere.
(Serial No. 112-48)
``A Call to Action: Narco-Terrorism's Threat to the Southern
U.S. Border.'' October 14, 2011. (Serial No. 112-51)
``Texas Wildfire Review: Did Bureaucracy Prevent a Timely
Response?'' October 17, 2011. (Austin, Texas) (Serial
No. 112-52)
``Iranian Terror Operations on American Soil.'' October 26,
2011. Joint hearing with the Subcommittee on
Counterterrorism and Intelligence (Serial No. 112-54)
``Is DHS Effectively Implementing a Strategy to Counter
Emerging Threats?'' February 3, 2012. (Serial No. 112-
66)
``Building One DHS: Why Can't Management Information be
Integrated?'' March 1, 2012. (Serial No. 112-74)
``Eliminating Waste, Fraud, Abuse, and Duplication in the
Department of Homeland Security.'' March 8, 2012.
(Serial No. 112-77)
``Building One DHS: Why is Employee Morale Low?'' March 22,
2012. (Serial No. 112-81)
``America is Under Cyber Attack: Why Urgent Action is Needed.''
April 24, 2012. (Serial No. 112-87)
``Department of Homeland Security: An Examination of Ethical
Standards.'' May 17, 2012. (Serial No. 112-95)
Subcommittee on Emergency Preparedness, Response, and Communications
Gus M. Bilirakis, Florida, Chairman
Scott Rigell, Virginia
Tom Marino, Pennsylvania,
Vice
Chair
Blake Farenthold, Texas
Robert L. Turner, New York
Peter T. King, New York
(Ex
Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Emergency Preparedness, Response, and
Communications held 17 hearings, receiving testimony from 75
witnesses, and considered three measures.
----------
Legislative Activities of the Subcommittee
HOMELAND SECURITY GRANT MANAGEMENT IMPROVEMENT ACT
H.R.1129
To amend the Homeland Security Act of 2002 to prohibit
requiring the use of a specified percentage of a grant under
the Urban Area Security Initiative and State Homeland Security
Grant Program for specific purposes, and for other purposes.
Summary
H.R. 1129 prohibits the Administrator of the Federal
Emergency Management Agency (FEMA) from requiring recipients of
funds under the State Homeland Security Grant Program (SHSGP)
or the Urban Area Security Initiative (UASI) to use a specific
percentage of those funds for a particular allowable use,
unless otherwise directed by statute.
The bill further requires the Administrator of FEMA to
study the use of SHSGP and UASI funds for managing and
administering the grants to determine whether the current
statutory percentage is sufficient to ensure proper oversight,
management, and administration of grant awards. H.R. 1129 also
directs the Administrator to study the feasibility, advantages,
and disadvantages of issuing multi-year grant guidance for
SHSGP and UASI. The Administrator is required to report to the
Committee on Homeland Security and Senate Homeland Security and
Governmental Affairs Committee on the findings of both studies
within 180 days of enactment of the bill.
Legislative History
H.R.1129 was introduced in the House on March 16, 2011, by
Ms.Richardson, Ms.Bass of California, and Ms.Hirono, and
referred solely to the Committee on Homeland Security. Within
the Committee, H.R.1129 was referred to the Subcommittee on
Emergency Preparedness, Response and Communications.
The Subcommittee considered H.R.1129 on December 8, 2011,
and reported the measure to the Full Committee with a favorable
recommendation, amended, by voice vote.
METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM ACT OF 2011
H.R.1411
To amend the Homeland Security Act of 2002 to ensure
continuation of the Metropolitan Medical Response System
Program, and for other purposes.
Summary
H.R. 1411 authorizes the Metropolitan Medical Response
System Program (MMRS) and directs the Secretary of Homeland
Security to provide grants through the Administrator of the
Federal Emergency Management Agency to State and local
governments to strengthen medical surge capacity and mass
prophylaxis capabilities, enhance detection capabilities,
develop mass triage plans, support information sharing and
collaboration, conduct training and exercises, and strengthen
decontamination capabilities. Jurisdictions that received
funding in fiscal year 2010 are eligible for continued funding.
After fiscal year 2012, a jurisdiction shall not be eligible
unless the Secretary determines that the jurisdiction maintains
a sufficient measured degree of capability in accordance with
outlined performance measures. The provision also requires a
review of the program to provide recommendations going forward.
For each fiscal year, 2012 through 2016, $41 million is
authorized.
Legislative History
H.R.1411 was introduced in the House on April 7, 2011, by
Mr.Bilirakis, and referred to the Committee on Energy and
Commerce and the Committee on Homeland Security. Within the
Committee, H.R.1411 was referred to the Subcommittee on
Emergency Preparedness, Response, and Communications.
The Subcommittee considered H.R.1129 on December 8, 2011,
and reported the measure to the Full Committee with a favorable
recommendation, amended, by voice vote.
WMD PREVENTION AND PREPAREDNESS ACT OF 2011
H.R.2356
To enhance homeland security by improving efforts to prevent,
protect against, respond to, and recover from an attack with a
weapon of mass destruction, and for other purposes.
Summary
H.R. 2356 enhances homeland security by improving efforts
to prevent, protect against, respond to, and recover from an
attack with a weapon of mass destruction (WMD), and for other
purposes. The bill addresses the range of actions necessary to
counter the WMD threat as identified through the Committee on
Homeland Security's oversight work and the recommendations of
the Commission on the Prevention of WMD Proliferation and
Terrorism in its report, ``World At Risk.'' The approach is to
include all aspects of the preparedness framework--prevention,
protection, response, and recovery--for chemical, biological,
radiological, and nuclear attacks and incidents.
Legislative
111th Congress
H.R. 5498 was introduced in the House on March 15, 2010, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, Ms. Clarke, and Mr. Daniel E. Lungren of
California and referred to the Committee on Homeland Security,
and in addition to the Committee on Energy and Commerce, the
Committee on Agriculture, the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence. Within the
Committee, H.R. 5498 was referred to the Subcommittee on
Emerging Threats, Cybersecurity, and Science and Technology.
On June 15, 2010, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held a hearing on
H.R. 5498, the ``WMD Prevention and Preparedness Act of 2010.''
The Subcommittee received testimony from Sara (Sally) T.
Beatrice, PhD, Assistant Commissioner, Public Health
Laboratory, Department of Health and Mental Hygiene, City of
New York; Randall S. Murch, PhD, Associate Director, Research
Program Development, National Capital Region, Virginia
Polytechnic Institute and State University; Robert P. Kadlec,
MD, Vice President, Global Public Sector, PRTM Management
Consulting; and Julie E. Fischer, PhD, Senior Associate, Global
Health Security Program, Henry L. Stimson Center.
On June 23, 2010, the Full Committee considered H.R. 5498
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by a recorded vote of 26
yeas and 0 nays (Roll Call Vote No. 24).
On November 17, 2010, the Chair of the House Permanent
Select Committee on Intelligence sent a letter to the Chair of
the Committee on Homeland Security indicating that, in order to
expedite consideration of the measure by the full House, the
Permanent Select Committee on Intelligence would agree to not
seek a sequential referral of H.R. 5498. On that same date, the
Chair of the Committee on Homeland Security responded and
agreed to the waiving of the sequential referral and agreeing
to request to seek appointments of Conferees should a House-
Senate Conference be convened. On November 18, 2010, the Chair
of the Committee on Foreign Affairs sent a letter to the Chair
of the Committee on Homeland Security agreeing that, in order
to expedite consideration of the measure by the full House, the
Committee would waive consideration of H.R. 5498. On that same
date, the Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on Foreign Affairs
acknowleding the jurisdictional interests of the Committee on
Foreign Affairs.
The Committee on Homeland Security reported H.R. 5498 to
the House on November 18, 2010, as H. Rept. 111-659, Pt. I.
Subsequently, the Committee on Agriculture, the Committee
on Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence were discharged from further consideration of H.R.
5498.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on November 18, 2010, for a period ending
not later than December 3, 2010. The referral of H.R. 5498 to
the Committee on Energy and Commerce was extended on December
3, 2010, for a period ending not later than December 17, 2010.
The referral of H.R. 5498 to the Committee on Energy and
Commerce was extended on December 17, 2010, for a period ending
not later than December 21, 2010.
112th CongressHistory
H.R. 2356 was introduced in the House on June 24, 2011, by
Mr. Pascrell, Mr. King of New York, Mr. Thompson of
Mississippi, and eight original cosponsors, and referred to the
Committee on Homeland Security, and in addition to the
Committee on Energy and Commerce, the Committee on
Transportation and Infrastructure, the Committee on Foreign
Affairs, and the House Permanent Select Committee on
Intelligence. Within the Committee, H.R. 2356 was referred to
the Subcommittee on Cybersecurity, Infrastructure Protection,
and Security Technologies and the Subcommittee on Emergency
Preparedness, Response, and Communications.
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies and the Subcommittee on
Emergency Preparedness, Response, and Communications were
discharged from further consideration of H.R. 2356 on May 9,
2012.
The Full Committee considered H.R. 2356 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION ACT OF 2011
H.R.3563
To amend the Homeland Security Act of 2002 to direct the
Secretary of Homeland Security to modernize and implement the
national integrated public alert and warning system to
disseminate homeland security information and other
information, and for other purposes.
Summary
H.R. 3563 requires the Secretary of Homeland Security to
modernize and implement the National integrated public alert
and warning system through the establishment of common alert
and warning protocols, standards, terminology, and an operating
system. Among other things, H.R. 3563 requires the Secretary to
develop alerting capabilities for diverse modes of
communications, the ability to adapt to future technologies,
mechanisms to protect individual privacy, and the ability to
alert non-resident visitors to an affected area. The bill
further requires that the system be developed to ensure alerts
and warnings are provided to individuals with disabilities and
access and functional needs.
Within one year of the system becoming fully functional,
and every six months thereafter, the Secretary is required to
report to the Committee on Homeland Security and the Senate
Homeland Security and Governmental Affairs Committee on the
functionality and performance of the system.
H.R. 3563 authorizes $13.4 million for the system for each
of fiscal years 2013 through 2017. This amount is equal to the
Federal Emergency Management Agency's budget request for fiscal
year 2013, and approximately $5 million less than the
appropriated amount for fiscal year 2011.
Legislative History
H.R.3563 was introduced in the House on December 6, 2011,
by Mr.Bilirakis and Ms.Richardson, and referred to the
Committee on Homeland Security, and the Committee on
Transportation and Infrastructure. Within the Committee,
H.R.3563 was referred to the Subcommittee on Emergency
Preparedness, Response, and Communications.
The Subcommittee considered H.R.3563 on December 8, 2011,
and reported the measure to the Full Committee with a favorable
recommendation, amended, by voice vote.
The Full Committee considered H.R. 3563 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
PUBLIC TRANSIT SECURITY AND LOCAL LAW ENFORCEMENT SUPPORT ACT
H.R.3857
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes.
Summary
To amend the Implementing Recommendations of the 9/11
Commission Act of 2007 to require the Secretary of Homeland
Security to include as an eligible use the sustainment of
specialized operational teams used by local law enforcement
under the Transit Security Grant Program, and for other
purposes. The bill also authorizes $400 million for TSGP grants
for each of fiscal years 2012 and 2013, except that no more
than 50 percent of those funds in each of the fiscal years may
be used for operational costs.
Legislative History
H.R. 3857 was introduced in the House on January 31, 2012,
by Mr. Turner of New York, Mr. King of New York, Mr. Rogers of
Alabama, and Mr. Grimm, and referred to the Committee on
Homeland Security. Within the Committee, H.R. 3857 was referred
to the Subcommittee on Emergency Preparedness, Response, and
Communications and the Subcommittee on Transportation Security.
The Subcommittee on Emergency Preparedness, Response and
Communications and the Subcommittee on Transportation Security
were discharged from further consideration of H.R. 3857 on May
9, 2012.
The Full Committee considered H.R. 3857 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
----------
Oversight Activities of the Subcommittee
DISASTER PREPAREDNESS, RESPONSE, AND RECOVERY
Since the beginning of the 112th Congress, States and
localities have experienced thwarted terror plots, severe
winter storms, tornados, hurricanes, a tsunami, and widespread
flooding. It is imperative that the Federal Government, along
with its partners at the State and local levels and the private
sector, work to prepare for and respond to terrorist attacks,
natural disasters, and other emergencies.
On February 4, 2011, Committee staff conducted a site visit
of the Mount Weather Emergency Operations Center in Virginia to
receive a tour and briefing on the Federal Government's
emergency operation center.
On February 8, 2011, the Subcommittee held a Member site
visit to the Federal Emergency Management Agency's (FEMA)
National Response Coordination Center in Washington, DC. This
visit provided Subcommittee Members with an overview of FEMA's
mission and operations and efforts to work with its State,
local, and private sector partners. Members met with officials
from throughout the agency including the Administrator and
Deputy Administrator of FEMA. Following the briefing, Members
toured the National Response Coordination Center.
As part of the Subcommittee's oversight, on February 24 and
March 22, 2011, Committee staff met with representatives from
FEMA and the U.S. Marine Corps to receive a briefing on the
Prepositioned Equipment Program.
On March 16, 2011, the Subcommittee Chair met with the
Director of FEMA's Office of Disability Integration and
Coordination to discuss efforts to integrate individuals with
disabilities and access functional needs into emergency
preparedness and response efforts.
Committee staff met with representatives from the Homeland
Security Policy Institute on April 5, 2011, to discuss
resiliency, and on April 21, 2011, staff participated in a tour
of the Department of Health and Human Services' Emergency
Operations Center.
On May 5, 2011, Committee staff attended a briefing on
FEMA's direct housing program. This included a preview of the
agency's hurricane season preparedness and queries on its
housing contracts oversight.
Committee staff attended FEMA's quarterly response and
recovery briefing at FEMA Headquarters on May 6, 2011, and
received an update on operations in response to tornados and
flooding in FEMA Regions IV and VI.
On May 31, 2011, the Subcommittee held a Member site visit
to the American Red Cross' disaster operations center. The
visit provided information on the Red Cross' role in disaster
response and services it provides through its local chapters.
The Subcommittee held a field hearing in Clearwater,
Florida, on June 10, 2011, entitled ``Weathering the Storm: A
State and Local Perspective on Emergency Management.'' The
Subcommittee received testimony from Mr.Bryan Koon, Director,
Florida Division of Emergency Management; Ms.Nancy Dragani,
Director, Ohio Emergency Management Agency, testifying on
behalf of the National Emergency Management Association;
Mr.Gerald Smith, Director, Lake County Division of Emergency
Management, testifying on behalf of the Florida Emergency
Preparedness Association; Mr.John ``Rusty'' Russell, Director,
Huntsville--Madison County (AL) Emergency Management Agency,
testifying on behalf of the International Association of
Emergency Managers; Ms.Chauncia Willis, Emergency Coordinator,
City of Tampa, Florida; and Ms.Linda Carbone, Chief Executive
Officer, Tampa Bay Chapter, American Red Cross. This hearing
provided the Members with an opportunity to hear from State,
local and non-Governmental officials on their successes and
challenges as they work to prepare for and respond to natural
disasters and terrorist attacks.
Committee staff attended a briefing with representatives
from Joplin, Missouri, on June 14, 2011, to learn about the
impact of the tornados and receive an update on recovery
efforts.
Committee staff visited the National Operations Center
(NOC) on July 18, 2011 to receive a briefing on the NOC's
operations, intelligence, and response missions.
On July 21, 2011, the Subcommittee hosted a Member briefing
for the Members of the Committee on FEMA's recovery assistance
available after a disaster. Representatives from FEMA responded
to Member questions.
Committee staff conducted a site visit to the University of
Maryland College Park Campus, on July 29, 2011, to receive
briefings from representatives of the Center for Networking of
Infrastructure Sensors and the National Consortium on Terrorism
and Responses to Terrorism.
On September 3, 2011, Committee staff visited the Tampa Bay
Chapter of the American Red Cross.
On September 13, 2011, the Subcommittee Chair addressed the
FEMA Office of Disability Integration and Coordination's
``Getting Real'' Conference regarding the importance of
integrating individuals with disabilities and access and
functional needs in preparedness and response efforts.
The Subcommittee hosted a National Preparedness Month
briefing on September 19, 2011. Representatives from FEMA and
the Ready Program attended to provide information and respond
to staff questions.
On September 23, 2011, Committee staff attended a briefing
on the National Disaster Recovery Framework provided by FEMA,
the Department of Commerce, the Department of Housing and Urban
Development, and the Department of the Interior.
Committee staff conducted a site visit to Virginia Urban
Search and Rescue (USAR) Team 1 in Fairfax, Virginia, on
September 27, 2011. Staff received a briefing from
representatives of FEMA and Fairfax County Fire and Rescue on
the capabilities of USAR teams. Representatives demonstrated
the various equipment and capabilities of USAR Team 1.
Committee staff visited the Nassau County (New York) Office
of Emergency Management's Emergency Operations Center for a
briefing and tour on October 20, 2011.
On October 25, 2011, the Subcommittee held a hearing
entitled ``Five Years Later: An Assessment of the Post Katrina
Emergency Management Reform Act.'' The Subcommittee received
testimony from Hon. W. Craig Fugate, Administrator, Federal
Emergency Management Agency, Department of Homeland Security.
This hearing provided Subcommittee Members with an opportunity
to assess FEMA's progress since the passage of the Post Katrina
Emergency Management Reform Act and consider areas in which
FEMA's capabilities could be further enhanced.
The Subcommittee held a field hearing in Detroit, Michigan,
on October 28, 2011, entitled ``The State of Northern Border
Preparedness: A Review of Federal, State, and Local
Coordination.'' The Subcommittee received testimony from
Mr.Andrew Velasquez, Regional Administrator--Region V, Federal
Emergency Management Agency, Department of Homeland Security;
RADM Michael Parks, Ninth District Commander, U.S. Coast Guard,
Department of Homeland Security; Mr.John Beutlich, Director of
the Northern Region, Office of Air and Marine, U.S. Customs and
Border Protection, Department of Homeland Security; Captain
Thomas Sands, Deputy State Director, Emergency Management and
Homeland Security, State of Michigan; Commissioner Donald
Austin, Detroit Fire Department; Mr.R. Daryl Lundy, Director,
Homeland Security and Emergency Management, City of Detroit;
and Mr.James P. Buford P.E.M., Director, Department of Homeland
Security and Emergency Management, Wayne County, Michigan. This
hearing considered the various preparedness and response
coordination efforts in areas along our Nation's northern
border.
On November 17, 2011, Committee staff received a briefing
from representatives of the Federal Emergency Management Agency
on FEMA's disaster housing missions.
Committee staff attended a briefing conducted by the
Washington Metropolitan Council of Governments on its report,
``Improving Regional Incident Response'', on November 28, 2011.
Staff were briefed by representatives from Montgomery County,
Maryland; Fairfax County, Virginia; and Washington, DC.
The Subcommittee held a field hearing in La Plume,
Pennsylvania, on November 29, 2011, entitled ``Ensuring
Effective Preparedness and Response: Lessons Learned from
Hurricane Irene and Tropical Storm Lee.'' The Subcommittee
received testimony from Ms.MaryAnn Tierney, Administrator,
Region III, Federal Emergency Management Agency, Department of
Homeland Security; Colonel David Anderson, Commander, Baltimore
District, United States Army Corps of Engineers; Mr.Glenn
Cannon, Director, Pennsylvania Emergency Management Agency;
Ms.Marita Wenner, Volunteer Chair, Pennsylvania State Disaster
Committee, American Red Cross; Mr.James Brozena, Executive
Director, Luzerne County Flood Protection Authority; Mr.James
Good, Owner, Arey Building Supply. This hearing assessed the
impact of Hurricane Irene and Tropical Storm Lee, particularly
on hard hit areas in Northeastern Pennsylvania, and considered
the lessons learned from those storms to ensure the continued
enhancement of preparedness, response, and recovery
capabilities.
In furtherance of the Subcommittee's oversight of FEMA's
progress in implementing the Post Katrina Emergency Management
Reform Act of 2006, Committee staff attended the International
Disaster Conference in New Orleans, Louisiana during the week
of January 16, 2012. Staff attended seminars regarding public
and private sector partnerships during disaster response, and
best practices for the development of mitigation, response, and
recovery plans.
On January 18, 2012, the Subcommittee Chair met with the
2011 winners of FEMA's Individual and Community Preparedness
Awards.
Committee staff received a briefing on hazard mitigation
from representatives of FEMA on January 25, 2012.
On January 26, 2012, Committee staff participated in the
inaugural FEMA Think Tank conference call led by FEMA Deputy
Administrator Richard Serino.
On March 16, 2012, Committee staff met with FEMA Region II
Regional Administrator Lynn Canton to discuss operations within
FEMA Region II.
Committee staff attended the 2012 Interagency Spring Flood
Briefing on March 16, 2012; and on March 23, 2012, received a
briefing from representatives of FEMA on the National Flood
Insurance Program.
Committee staff met with FEMA Federal Insurance and
Mitigation Associate Administrator Davis Miller on April 20,
2012 to discuss efforts to reauthorize the National Flood
Insurance Program.
PRESIDENTIAL POLICY DIRECTIVE-8
On May 5, 2011, the Subcommittee Members received a
briefing on Presidential Policy Directive-8-National
Preparedness (PPD-8), which outlines the administration's
vision for strengthening preparedness and resilience. PPD-8
repeals and replaces Homeland Security Presidential Directive
(HSPD) 8-National Preparedness, signed by President George W.
Bush in December 2003. Members were briefed by the Deputy
Administrator for National Preparedness, Federal Emergency
Management Agency, and the Senior Director for Preparedness
Policy, National Security Staff, The White House.
Committee staff met with representatives of the Federal
Emergency Management Agency (FEMA) on August 1, 2011, to
receive a briefing on the implementation of PPD-8.
On November 3, 2011, Committee staff attended FEMA's Office
of Response and Recovery's quarterly briefing and received an
update on Presidential Policy Directive-8.
Committee staff met with representatives of FEMA's Federal
Insurance and Mitigation Administration, on December 20, 2011,
to discuss mitigation activities and programs and the
development of the mitigation framework pursuant to PPD-8.
Committee staff attended FEMA's quarterly response and
recovery briefing at FEMA headquarters on January 13, 2012, at
which an update on PPD-8 implementation was provided.
On March 15, 2012, Committee staff attended the FEMA Region
II National Disaster Recovery Framework Forum in New York City,
New York.
Committee staff received a briefing from representatives of
FEMA on the release of the National Preparedness Report,
pursuant to PPD-8 and section 652(a) of the Post Katrina
Emergency Management Reform Act, on May 3, 2012.
BUDGET REQUESTS FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FY 2012 Budget Request
The President's fiscal year 2012 budget request includes
$10.06 billion for the Federal Emergency Management Agency
(FEMA), a $283 million reduction from the level in the fiscal
year 2011 Continuing Resolution. The request included
reductions in the Management and Administration account, which
were largely attributed to efficiencies and streamlined
business processes. The request also proposed to restructure
homeland security grant programs through the elimination and
consolidation of a number of smaller grant programs into the
larger State Homeland Security Grant Program and Urban Area
Security Initiative funding accounts.
On March 9, 2011, the Subcommittee held a hearing entitled
``Ensuring Effective Preparedness and Response--An Assessment
of the Fiscal Year 2012 Budget Request for the Federal
Emergency Management Agency.'' The Subcommittee received
testimony from Hon. W. Craig Fugate, Administrator, Federal
Emergency Management Agency, Department of Homeland Security.
This hearing provided Subcommittee Members with an opportunity
to question Administrator Fugate about President Obama's fiscal
year 2012 budget request for the Federal Emergency Management
Agency (FEMA) and ongoing operations at FEMA.
In preparation for the hearing, Committee staff met with
representatives from FEMA on February 16, 2011 to receive a
briefing on the President's fiscal year 2012 budget request.
FY 2013 Budget Request
The President's fiscal year 2013 budget request includes
$10.17 billion for the Federal Emergency Management Agency, a
$217 million reduction from the fiscal year 2012 enacted level
of funding. Much of this reduction is attributed to streamlined
business processes within the Salaries and Expenses account.
On February 29, 2012, the Subcommittee held a hearing
entitled ``The President's Fiscal Year 2013 Budget Request for
the Federal Emergency Management Agency.'' The Subcommittee
received testimony from Hon. Richard Serino, Deputy
Administrator, Federal Emergency Management Agency, Department
of Homeland Security. This hearing continued the Subcommittee's
oversight of the Federal Emergency Management Agency and
provided Members with an opportunity to examine the President's
fiscal year 2013 budget request and explore ways to continue to
enhance emergency preparedness and response capabilities
through the efficient and effective use of taxpayer dollars.
In preparation for the hearing, Committee staff met with
representatives from FEMA on February 14, 2012 to receive a
briefing on the President's fiscal year 2013 budget request for
FEMA.
MEDICAL PREPAREDNESS
The mission of the Office of Health Affairs (OHA) is to
provide health and medical expertise in support of the
Department of Homeland Security's mission to prepare for,
respond to, and recover from all hazards impacting the Nation's
health security.
As part of the Subcommittee's oversight, staff attended a
number of conferences and met with stakeholders. From January
10 through 11, 2011, Committee staff attended the annual Public
Health Emergency Medical Countermeasures Enterprise conference
in Washington, DC.
From March 15 though 16, 2011, Committee staff traveled to
New York City, New York, for ``Tales of Our Cities,'' a
conference focused on medical preparedness for a catastrophic
incident.
On March 17, 2011, the Subcommittee held a hearing entitled
``Ensuring Effective Preparedness, Response, and Recovery for
Events Impacting Health Security.'' The Subcommittee received
testimony from Dr. Alexander G. Garza, MD, MPH, Assistant
Secretary for Health Affairs and Chief Medical Officer,
Department of Homeland Security. This hearing provided
Subcommittee Members with an opportunity to examine the
President's fiscal year 2012 budget request for OHA and OHA's
progress in developing its mission to provide for health
security, to discuss the future of the agency as a nimble and
effective provider in this regard, and to identify areas for
improvements and cost savings.
In preparation for the hearing, Committee staff met with
representatives of the Office of Health Affairs on February 3,
2011 to receive a briefing on its mission and activities. On
February 15, 2011, Committee staff met with OHA representatives
to receive a briefing on the President's fiscal year 2012
budget request for OHA. Committee staff once again met with
representatives from OHA on March 14, 2011 to receive a
briefing on medical operations and challenges in medical
credentialing for their first responder workforce.
During the hearing, Subcommittee Members expressed concern
about Project BioWatch. Subsequent to the hearing on April 5,
2011, the Chairs and Ranking Members of the Subcommittee on
Emergency Preparedness, Response, and Communications, and the
Subcommittee Cybersecurity, Infrastructure Protection, and
Security Technologies sent a letter to the Secretary of
Homeland Security expressing concern about the Department's
acquisition processes as they relate to Project BioWatch.
On March 29, 2011, Committee staff received an update
briefing from the Director of the Office of Public Health
Preparedness and Response of the Centers for Disease Control
and Prevention on that office's activities.
The Chair and Ranking Member of the Subcommittee introduced
H.R.1411, the ``Metropolitan Medical Response System Program
Act,'' on April 7, 2011. H.R. 1411 authorizes the activities of
the Metropolitan Medical Response System, including medical
surge capacity and countermeasures distribution. For further
action on H.R. 1411, see the legislative section listed above.
On June 9, 2011, Committee staff visited Tampa General
Hospital in Tampa, Florida to meet with officials about
emergency preparedness efforts and medical surge capacity and
tour the facility.
Committee staff received a briefing from representatives
from the Department of Health and Human Services on its Federal
Experts Security Advisory Panel report on reforming laboratory
biosecurity, on June 17, 2011.
On June 23, 2011, the Subcommittee Chair met with the
Assistant Secretary of the Office of Health Affairs, to discuss
health security matters.
Committee staff received a briefing from representatives of
the Centers for Disease Control and Prevention, on September
28, 2011, on its 2011 State-by-State public health preparedness
report and other matters.
On October 24, 2011, Committee staff received a briefing
from representatives of the Department of Health and Human
Services on its work to develop and refine protocols for use of
the smallpox vaccine.
On January 12, 2012, Committee staff met with
representatives from the Trust for America's Health (TFAH) to
receive a briefing on TFAH's report, Ready or Not: Protecting
the Public Health's From Diseases, Disasters, and Bioterrorism
2011.
The Subcommittee held a hearing on March 29, 2012, entitled
``The Fiscal Year 2013 Budget Request for the Department
Homeland Security's Office of Health Affairs.'' The
Subcommittee received testimony from Dr. Alexander Garza,
Assistant Secretary for Health Affairs, Chief Medical Officer,
Department of Homeland Security. This hearing continued the
Subcommittee's oversight of OHA, and particularly the BioWatch
Program and National Biosurveillance Integration Center,
providing Subcommittee Members with an opportunity to more
closely examine these, and other, OHA programs to ensure
resources are leveraged to best enhance security. In
preparation of the hearing, on February 16, 2012, Committee
staff received a briefing from the Office of Health Affairs on
the office's fiscal year 2013 budget request.
BIOSURVEILLANCE
On February 4, 2011, Committee staff visited the Multi-
Agency Collaborative Environment of the Department of Defense
in Virginia to receive a briefing on their work with the
National Biosurveillance and Integration Center.
Committee staff participated in a panel discussion at the
Institute of Medicine on ``Discussions on Future Directions for
National Biosurveillance,'' on May 9, 2011. Additionally,
Committee staff attended Biowatch Gen-3 visitor day in Chicago,
Illinois to learn about and observe field testing of the
Generation 3 technology.
On August 3, 2011, Committee staff received a briefing from
representatives of the Office of Health Affairs and the Office
of the Chief Procurement Officer on plans for re-competing the
support contract for the BioWatch Program.
From August 29 through September 4, 2011, Committee staff
attended the 2011 National BioWatch Workshop in Tampa, Florida.
The Subcommittee Chair addressed a portion of the workshop.
Committee staff received a classified briefing from
representatives of the Office of Health Affairs on the
development of the BioWatch Gen-3 program on October 6, 2011.
On November 17, 2011, the Chairs of the Subcommittee on
Emergency Preparedness, Response, and Communications and the
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technology sent a letter to the Comptroller General of
the United States requesting an examination of the development
of the Office of Health Affairs' BioWatch Generation-3 system.
Committee staff met with the Institute of Medicine of the
National Academies of Science on February 1, 2012, to discuss
the findings of its report, ``Information Sharing and
Collaboration: Applications in Integrated Biosurveillance.''
On April 9, 2012, Committee staff received a briefing from
the new Director of the National Biosurveillance and
Integration Center (NBIC) on on-going activities and the
expected new strategic plan for the NBIC.
OUTREACH TO STATE, LOCAL, AND TRIBAL GOVERNMENTS, AND THE PRIVATE
SECTOR
Throughout the 112th Congress, Committee staff met with
various Federal agencies and stakeholder groups representing
the first responder and emergency management communities to
discuss issues of concern to their membership. This includes
representatives from the Department of Homeland Security's
Office of Policy to discuss the new Tribal Liaison Officer
position; the National Association of Counties; the National
Emergency Managers Association; the Big City Emergency
Managers, and the International Association of Fire Chiefs'
Terrorism and Homeland Security Subcommittee.
On May 12, 2011, the Subcommittee Chair met with the
Director of the Federal Emergency Management Agency's Private
Sector Division to receive a briefing on the Division's
operations and efforts to incorporate the private sector into
emergency preparedness, response, and recovery efforts.
Committee staff met with representatives from FEMA's
Private Sector Division on July 25, 2011, to receive an update
on current activities.
On August 3, 2011, the Subcommittee Chair and Ranking
Member addressed FEMA's National conference, ``Building
Resilience Through Public Private Partnerships,'' held in
Washington, DC.
On October 26, 2011, the Subcommittee Chair addressed the
Congressional Fire Services Institute's National Advisory
Committee.
EXERCISES
The Federal Emergency Management Agency's (FEMA) National
Exercise Program works to coordinate preparedness exercises at
the Federal, State, and local level. Each year, FEMA conducts a
National Level Exercise (NLE), which includes participation
from senior leadership in the Federal interagency along with
State and local partners. National Level Exercise 2011 (NLE
2011), a functional exercise held from May 16 through 19, 2011,
simulated a catastrophic earthquake in the New Madrid Seismic
Zone.
On April 1, 2011, the Subcommittee held a Member briefing
on preparations for the NLE 2011, including efforts to use
lessons learned from recent catastrophic earthquakes in New
Zealand and Japan to inform the scenario. Members were briefed
by FEMA's Deputy Administrator for National Preparedness and
the Director of the National Exercise Program.
In preparation for this Member briefing, Committee staff
received several briefings on FEMA's National Exercise Program
and National Level Exercise 2011. On March 2, 2011, Committee
staff received a briefing from FEMA officials on the National
Exercise Program. Committee staff received a briefing on
preparations for NLE 2011 on March 23, 2011. In addition, on
May 16, 2011, Committee staff observed the NLE 2011 functional
exercise. Staff traveled to the Master Control Cell located in
Herndon, Virginia, and the American Red Cross Disaster
Operations Center and received briefings from representatives
of FEMA, the U.S. Geological Survey, the U.S. Army Corps of
Engineers, the American Red Cross, and Voluntary Organizations
Active in Disasters.
On August 18, 2011 Committee staff traveled to Ft. McNair
to receive a briefing on the capabilities and jurisdiction of
the National Capitol Area Command. Subsequent to the briefing,
staff traveled to the Center for National Response in West
Virginia to observe and participate in a joint weapons of mass
destruction rescue and recovery exercise with the 911th
Battalion and the Fairfax and Arlington County, Virginia Fire
Departments.
From September 28 through 29, 2011, Committee staff
participated in a tabletop exercise on recovery and mitigation.
Hosted by FEMA, this exercise was a follow on to NLE 2011 and
focused on the necessary recovery and mitigation efforts
subsequent to a catastrophic earthquake.
Committee staff observed the 2011 Capital Shield Exercise,
a National Capital Area multi-hazard exercise, on October 19,
2011. Exercise participants included representatives from FEMA,
the Department of Homeland Security, the Department of Defense,
and District of Columbia Emergency Management.
Representatives of FEMA's National Exercise Division
briefed Committee staff on February 2, 2012 on changes to the
National Exercise Program and lessons learned from NLE 2011.
Committee staff observed the NLE 2012 Capstone event on
June 4, 2012. Staff traveled to the DHS Office of Cybersecurity
and Communications in Arlington, Virginia to receive a briefing
from NLE 2012 exercise leaders, tour the National
Cybsersecurity and Communications Integration Center, view DHS'
Cybersecurity Operations Demonstration, and participate in a
video conference call with the exercise's Master Control
Center.
PREPAREDNESS AND RESPONSE TO CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND
NUCLEAR THREATS
Terrorists actively plot and have attempted to use weapons
of mass destruction (WMD) to attack the United States. At a
2010 Committee on Homeland Security hearing with the
Commissioners of the Commission on the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism (WMD Commission),
the Commissioners noted that ``it is more likely than not that
there will be a weapon of mass destruction used someplace on
earth by a terrorist group before the end of the year 2013 and
that it is more likely that the weapons will be biological
rather than nuclear.'' In the WMD Commission's report card on
the Nation's efforts to protect the Nation from WMD terrorism,
the Government received a grade of ``F'' on its efforts to
enhance the Nation's capabilities for rapid response to prevent
biological attacks from inflicting mass casualties.
Committee staff participated in a site visit to the Calvert
Cliffs Nuclear Power Plant, in Calvert County, Maryland on
March 25, 2011. Staff toured the facility and received a
briefing on the plant's security and disaster preparedness.
Committee staff met with representatives from the Nuclear
Energy Institute on March 29, 2011, to discuss the response to
the disaster at the Fukushima Nuclear Power Plant in Japan and
disaster preparedness efforts at nuclear power plants in the
United States.
On April 13, 2011, the Subcommittee began a series of
hearings entitled ``Taking Measure of Countermeasures.'' The
first day of hearings was subtitled ``A Review of Government
and Industry Efforts to Protect the Homeland Through
Accelerated Research, Development, and Acquisition of Chemical,
Biological, Radiological, and Nuclear Medical
Countermeasures.'' The Subcommittee received testimony from
Ms.Cynthia Bascetta, Managing Director, Health Care, Government
Accountability Office; Dr. Segaran P. Pillai, Chief Medical and
Science Advisor, Chemical and Biological Division, Science and
Technology Directorate, Department of Homeland Security; Dr.
Richard J. Hatchett, Chief Medical Officer and Deputy Director,
Strategic Sciences and Management, Department of Health and
Human Services; Dr. Gerald W. Parker, Deputy Assistant to the
Secretary of Defense, Chemical and Biological Defense,
Department of Defense; Ms.Phyllis Arthur, Senior Director,
Vaccines, Immunotherapeutics, and Diagnostics Policy,
Biotechnology Industry Organization; Mr.John M. Clerici,
Principal, Tiber Creek Partners LLC; and Dr. Daniel Fagbuyi,
Medical Director, Disaster Preparedness and Emergency
Management, Children's National Medical Center. This hearing
provided Members with the opportunity to question Federal and
private sector witnesses about the substantial challenges that
remain in the research, development, and acquisition of medical
countermeasures.
Committee staff participated in a site visit to the Nuclear
Regulatory Commission's Emergency Operations Center on May 6,
2011, and received a briefing on its activities.
On May 12, 2011, the Subcommittee convened the second day
of hearings, subtitled ``A Review of Efforts to Protect the
Homeland Through Distribution and Dispensing of CBRN Medical
Countermeasures.'' The Subcommittee received testimony from Dr.
Alexander Garza, Assistant Secretary for Health Affairs and
Chief Medical Officer, Office of Health Affairs, Department of
Homeland Security; Rear Admiral Ali Khan, Director, Office of
Public Health Preparedness and Response, Centers for Disease
Control and Prevention, Department of Health and Human
Services; Mr.Mike McHargue, Director of Emergency Operations,
Division of Emergency Medical Operations; Florida Department of
Health; Mr.David Starr, Director, Countermeasures Response
Unit, New York City Department of Health and Mental Hygiene;
Chief Lawrence E. Tan, Emergency Medical Services Division, New
Castle County, Delaware, testifying on behalf of the Emergency
Services Sector Coalition on Medical Countermeasures; and Dr.
Jeffrey Levi, Executive Director, Trust for America's Health.
This hearing provided Subcommittee Members with the opportunity
to examine various distribution and dispensing plans and
efforts at the Federal, State, local, and private sector
levels, including an assessment of the challenges faced in
distributing and dispensing countermeasures to large segments
of the population.
In preparation for these hearings, Committee staff held
numerous meetings with representatives from the Department of
Homeland Security, the Department of Health and Human Services,
the Government Accountability Office, the WMD Commission, State
and local governments, and the private sector.
On May 13, 2011, the Subcommittee along with the
Subcommittee on Counterterrorism and Intelligence, and the
Subcommittee on Cybersecurity, Infrastructure Protection, and
Security Technologies, held a classified Member briefing on the
threat posed by WMD terrorism. Members were briefed by
representatives of the National Counterterrorism Center and the
National Counter-proliferation Center.
On June 23, 2011, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications held a joint hearing, prior to introduction, on
H.R. 2356, the ``WMD Prevention and Preparedness Act of 2011.''
The Subcommittees received testimony from Hon. William J.
Pascrell, Jr. a Representative in Congress from the 8th
District of New Jersey; Senator Jim Talent, Vice Chairman, The
Bipartisan WMD Center; Dr. Robert P. Kadlec, Former Special
Assistant to the President for Biodefense; and Mr.Richard H.
Berdnik, Sheriff, Passaic County, New Jersey. This legislative
hearing examined provisions in H.R. 2356, to prevent, protect
against, respond to, and recover from a WMD attack. For further
activity on H.R. 2356, see the Legislative Activities of the
Full Committee discussed above.
Committee staff met with representatives of the Office of
Health Affairs on August 3, 2011, to discuss agricultural
security. Subsequent to that meeting, on August 10, 2011, the
Subcommittee Chair sent a letter to the Comptroller General,
Government Accountability Office (GAO), requesting an
examination of the Nation's agricultural defense initiatives
with regard to surveillance and response. The GAO is expected
to release a report on this in early 2013.
On September 8, 2011, Committee staff met with
representatives of the Environmental Protection Agency's Aspect
Program to receive a briefing on radiation detection
capabilities and program operations.
Committee staff participated in a panel discussion at the
Institute of Medicine's Preparedness Forum in Washington, DC,
on October 19, 2011, regarding H.R. 2356, the ``WMD Prevention
and Preparedness Act of 2011.''
On March 20, 2012, Committee staff visited John F. Kennedy
International Airport to observe the agricultural inspection
operations of the U.S. Customs and Border Protection. These
operations are critical for preventing the importation of
illegal commodities that can introduce agents harmful to human
health and animal and agricultural health, particularly
biological threats.
On April 17, 2012, the Subcommittee held a third day of
hearings on ``Taking Measure of Countermeasures.'' The hearing
was subtitled ``Protecting the Protectors,'' and the
Subcommittee received testimony from Dr. James D. Polk,
Principal Deputy Assistant Secretary, Office of Health Affairs,
Department of Homeland Security; Mr. Edward J. Gabriel,
Principal Deputy Assistant Secretary, Preparedness and
Response, Department of Health and Human Services; Chief Al H.
Gillespie, President and Chairman of the Board, International
Association of Fire Chiefs; Mr. Bruce Lockwood, Second Vice
President, USA Council, International Association of Emergency
Managers; Sheriff Chris Nocco, Pasco County Sheriff's Office,
Pasco County, Florida; and Mr. Manuel Peralta, Director of
Safety and Health, National Association of Letter Carriers.
This hearing, the third in the series on medical
countermeasures, provided Subcommittee Members with the
opportunity to explore plans and strategies to ensure that
emergency response personnel are protected in the event of such
an attack, including through voluntary pre-event vaccination.
In preparation for the hearing, on March 27, 2012,
Committee staff received a briefing from the Biomedical
Advanced Research and Development Authority (BARDA) of the
Department of Health and Human Services (HHS) on BARDA's
activities and priorities for fiscal year 2012 development and
procurement of medical countermeasures. Staff also received a
briefing that day from HHS' Office of the Assistant Secretary
for Preparedness and Response, jointly with the United States
Postal Service, on a National plan to utilize mail carriers to
dispense home medical kits to the public in a health emergency.
On April 10, 2012, Committee staff were briefed by
representatives of BARDA on plans to develop an antibiotic
medkit for first responders.
EFFICIENCY AND EFFECTIVENESS OF ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AND INDIVIDUALS
On January 5, 2011 and January 31, 2011, Committee staff
attended briefings by Federal Emergency Management (FEMA)
officials on their plans to recoup up to $643 million in
potentially improper Individual Assistance payments from
Hurricanes Katrina and Rita and other subsequent disasters.
Committee staff received a further briefing on FEMA's
recoupment efforts on March 15, 2011.
On January 12, 2011, Committee staff received a briefing
from representatives of the Department of Homeland Security's
Office of Inspector General (OIG) to learn about the OIG's
audit of grant programs to ensure efficiency and that funding
is used in compliance with relevant statutory requirements.
Committee staff met with representatives from the OIG on
January 24, 2011, to discuss the results of an audit of New
York's management of State Homeland Security Grant Program and
Urban Area Security Initiative grant funds.
On February 9, 2011, Committee staff met with
representatives from the National Academy of Public
Administration to receive a briefing on their work with the
Federal Emergency Management Agency to develop performance
measures and metrics, pursuant to Pub.L. 111-271, for grants
administered by the Department of Homeland Security. Committee
staff received a further update of this work on May 3, 2011.
Committee staff met with the Assistant Administrator of the
Federal Emergency Management Agency's Grant Programs
Directorate on February 11, 2011, to discuss various issues
related to homeland security grants.
Committee staff met with representatives of the Government
Accountability Office on March 1, 2011, to discuss their
oversight of grants administered by the Department of Homeland
Security under the American Recovery and Reinvestment Act.
On April 7, 2011, Committee staff received a briefing from
representatives of the Federal Emergency Management Agency and
the DHS Office of Intelligence and Analysis on the use of
grants to support State and local fusion centers.
Committee staff met with representatives from the Federal
Emergency Management Agency, the Coast Guard, the
Transportation Security Administration, and the Office of
Intelligence and Analysis on May 18, 2011, to receive a
briefing on the Department's guidance for the fiscal year 2011
grant programs.
Committee staff met with representatives from FEMA's
National Preparedness Assessment Division on May 24, 2011, to
receive a briefing on FEMA's efforts to develop performance
measures and metrics for the various grant programs.
On June 8, 2011, Committee staff attended the National
Academy of Public Administration's second panel meeting with
representatives of the Federal Emergency Management Agency,
``Developing Performance Measures and Assessing the
Effectiveness of FEMA's Homeland Security Grant Programs.''
Committee staff met with representatives from the City of
Tampa Bay, Florida on June 8, 2011, to discuss the Urban Area
Security Initiative (UASI).
On July 15, 2011, Committee staff received a classified
briefing from representatives of FEMA, the Office of
Intelligence and Analysis, and the Office of Infrastructure
Protection on the changes to the risk formula used to determine
Homeland Security Grant Program awards.
From June 19 through 22, 2011, Committee staff attended the
National UASI and Homeland Security Conference in San
Francisco, California to participate in workshops on the uses
and effectiveness of the major homeland security grant
programs.
Committee staff met with representatives from FEMA and the
United States Coast Guard on August 1, 2011, to receive a
briefing on the Port Security Grant Program.
On August 22, 2011, Committee staff met with
representatives from FEMA, Customs and Border Protection, the
Coast Guard, and the Transportation Security Administration to
receive a briefing on the fiscal year 2011 Homeland Security
Grant Program awards.
Committee staff visited FEMA's Grant Programs Directorate
on November 30, 2011, to receive a demonstration and briefing
on the Non-Disaster Grants System and investment justification
application and review process.
On January 6, 2012, the Subcommittee Chair sent a letter to
the Administrator of the Federal Emergency Management Agency
regarding reports that funding under the Homeland Security
Grant Program was used by the State of Michigan to purchase
sno-cone machines.
In furtherance of the Subcommittee's work to ensure that
grant expenditures are appropriately measured and monitored, on
January 9, 2012 and January 30, 2012, Committee staff met with
representatives of the National Emergency Management Agency
(NEMA) to discuss NEMA's Proposal for a Comprehensive
Preparedness Grants Structure.
Committee staff met with representatives of the National
Fusion Center Association's Executive Board on January 25, 2012
regarding Federal financial support of State and urban area
fusion centers. Subsequently, on February 1, 2012, Committee
staff received an update from representatives of the Federal
Emergency Management Agency and Office of Intelligence and
Analysis on the use of grants to support State and urban area
fusion centers.
Committee staff met with representatives of FEMA's Grant
Programs Directorate on January 26, 2012 regarding guidance
development and program changes to the fiscal year 2012
homeland security grant programs.
On January 30, 2012, Committee staff met with
representatives of the Department's Office of Inspector General
regarding management audits of the State Homeland Security
Grant Program and Urban Area Security Initiative.
On February 2, 2012, Committee staff met with
representatives of FEMA's National Preparedness Division to
receive an update on FEMA's efforts to develop performance
measures and metrics for grant programs.
Committee staff met with representatives of the Government
Accountability Office on February 6, 2012, regarding a review
of homeland security grant programs requested by the Chair of
the Full Committee, the Subcommittee Chair, and other Members
of the Committee.
In furtherance of the Subcommittee's oversight of FEMA's
efforts to recoup improperly provided Individual Assistance
subsequent to disasters, Committee staff participated in a
conference call with representatives of FEMA regarding the
implementation of the Disaster Assistance Recoupment Fairness
Act of 2011 on February 8, 2012.
Committee staff were briefed by representatives of FEMA,
the U.S. Coast Guard, the Transportation Security
Administration, and the Office of Intelligence and Analysis on
February 16, 2012, regarding the fiscal year 2012 grant
guidance for various homeland security grant programs.
On February 29, 2012, the Subcommittee Chair met with the
Assistant Administrator for Grant Programs Directorate, Federal
Emergency Management Agency.
In preparation for the series of hearings on grants, over
the course of February, March, and April 2012, Committee staff
met with representatives of numerous stakeholder organizations
including the International Association of Fire Fighters,
National League of Cities, National Association of Counties,
National Emergency Management Association, International
Association of Emergency Managers, U.S. Council of Mayors,
National Fusion Center Association, National Governors
Association, National Volunteer Fire Council, American
Association of Port Authorities, and Washington Metropolitan
Area Transit Authority.
On March 20, 2012, the Subcommittee held a hearing entitled
``Ensuring the Transparency, Efficiency, and Effectiveness of
Homeland Security Grants.'' The Subcommittee received testimony
from Ms. Elizabeth Harman, Assistant Administrator, Grant
Programs Directorate, Federal Emergency Management Agency,
Department of Homeland Security; Mr. Corey Gruber, Assistant
Administrator, National Preparedness Directorate, Federal
Emergency Management Agency, Department of Homeland Security;
Ms. Anne L. Richards, Assistant Inspector General for Audits,
Office of Inspector General, Department of Homeland Security;
Mr. William O. Jenkins, Jr., Director, Homeland Security and
Justice Issues, U.S. Government Accountability Office; and Hon.
Michael A. Nutter, Mayor, Philadelphia, Pennsylvania. This
hearing examined FEMA's management and administration of
homeland security grant programs and gave Subcommittee Members
an opportunity to receive greater detail on the
Administration's fiscal year 2013 budget proposal to
consolidate a number of grant programs into the National
Preparedness Grant Program.
On April 16, 2012, Committee staff participated in FEMA's
National Preparedness Grant Program Forum.
Committee staff met with representatives of FEMA's National
Preparedness Directorate on April 24, 2012 to receive a
briefing on the implementation of the Threat and Hazard
Identification and Risk Assessment (THIRA) guidance.
On April 26, 2012, the Subcommittee continued its hearings
``Ensuring the Efficiency, Effectiveness, and Transparency of
Homeland Security Grants (Part II): Stakeholder Perspectives.''
The Subcommittee received testimony from Mr. James H. Davis,
Executive Director, Colorado Department of Public Safety,
testifying on behalf of the National Governors Association; Mr.
Bryan Koon, Director, Florida Division of Emergency Management,
testifying on behalf of the National Emergency Management
Association; Ms. Hui-Shan Walker, Emergency Management
Coordinator, City of Hampton, Virginia, testifying on behalf of
the International Association of Emergency Managers; Mr. Judson
Freed, Director of Emergency Management and Homeland Security,
Ramsey County, Minnesota, testifying on behalf of the National
Association of Counties; Mr. Richard Daddario, Deputy
Commissioner, Counterterrorism Bureau, New York City Police
Department; Mr. Robert M. Maloney, Director, Office of
Emergency Management, Baltimore, Maryland; Chief Hank
Clemmensen, Palatine Rural Fire Protection District, testifying
on behalf of the International Association of Fire Chiefs; Mr.
Richard A. Wainio, President and CEO, Tampa Port Authority,
testifying on behalf of the American Association of Port
Authorities; and Mr. Michael DePallo, Director and General
Manager, The Port Authority Trans Hudson (PATH) Corporation,
testifying on behalf of the American Public Transportation
Association. This hearing continued the Subcommittee's review
of the Administration's proposal to create a ``National
Preparedness Grant Program'' and provided Members with valuable
input from stakeholders who receive and rely on homeland
security grant funding to enhance their security operations.
TRAINING
On February 16, 2011, Committee staff met with
representatives of the National Domestic Preparedness
Consortium to receive an update on current operations.
Committee staff conducted a site visit to the Center for
Domestic Preparedness in Anniston, Alabama on May 18, 2011, to
observe current operations and chemical agent training
capabilities and participate in training.
From May 18 through 19, 2011, Committee staff conducted a
site visit to the National Emergency Response and Rescue
Training Center in College Station, Texas to observe and
participate in first responder training programs.
On June 8, 2011, Committee staff visited the Hillsborough
County Sheriff Department's Practical Training Center to view
the training facility that is used by Federal, State, and local
law enforcement.
Committee staff received a briefing from representatives of
the Federal Emergency Management Agency and the National
Counterterrorism Center on November 9, 2011, on the Joint
Counterterrorism Awareness Workshop Series.
On January 31, 2012, Committee staff attended the Joint
Counterterrorism Awareness workshop series held in Bethpage,
New York.
EMERGENCY COMMUNICATIONS
On February 1, 2011, Committee staff met with
representatives from the Department of Homeland Security's
Office of Emergency Communications (OEC) to receive an update
on OEC's current activities.
Committee staff met with representatives from the
Department of Homeland Security on March 4, 2011, to receive a
briefing on the National Communication System.
On March 23, 2011, Committee staff received a briefing from
representatives of the Office of Emergency Communications to
receive an update on the completion of Goal 1 of the National
Emergency Communications Plan.
Committee staff participated in the New York State
Association of Chiefs of Police seminar on emergency
communications on March 28, 2011.
On April 13 and 26, 2011, Committee staff met with
representatives from stakeholder organizations on the
cancellation of the Department of Justice's Integrated Wireless
Network program.
On May 11, 2011, Committee staff met with representatives
from the Interagency Communications Interoperability System
based in Los Angles to discuss the system and various
communications issues.
Committee staff attended a briefing provided by various
State and local stakeholder groups on May 13, 2011, on the need
for the allocation of the D Block to public safety.
On June 3, 2011, Committee staff met with representatives
from the Department of Homeland Security's National Protection
and Programs Directorate to discuss the possible future
reorganization of the Directorate and assess the potential
impact on the Office of Emergency Communications.
In furtherance of the Subcommittee's work to ensure the
construction of a National public safety wireless broadband
network, on June 16, 2011, Committee staff attended a forum at
the Eisenhower Executive Office Building.
On October 7, 2011, Committee staff met with
representatives from the Department of Homeland Security's
Office of Interoperability and Compatibility to receive a
demonstration of the Virtual USA project.
Committee staff met with representatives from the
Department of Transportation on November 4, 2011, to receive a
briefing on Emergency 911 issues.
On November 9, 2011, Committee staff met with
representatives from the Office of Emergency Communications to
discuss planning and technology updates.
On November 14, 2011, Committee staff met with
representatives of the Federal Emergency Management Agency to
receive a briefing on the activities of the Disaster Emergency
Communications Division.
Committee staff participated in a conference call on
November 15, 2011, to receive an update on the National
Communications System.
On November 17, 2011, the Subcommittee held a hearing
entitled ``Ensuring Coordination and Cooperation: A Review of
the Emergency Communications Offices Within the Department of
Homeland Security.'' The Subcommittee received testimony from
Mr.Chris Essid, Director, Office of Emergency Communications,
Department of Homeland Security; Mr.John O'Connor, Manager,
National Coordinating Center for Communications, National
Protection and Programs Directorate, Department of Homeland
Security; Mr.Damon Penn, Assistant Administrator, National
Continuity Programs, Federal Emergency Management Agency,
Department of Homeland Security; Mr.Eric Edwards, Director,
Disaster Emergency Communications Division, Response
Directorate, Federal Emergency Management Agency, Department of
Homeland Security; and Ms.Linda K. Moore, Specialist in
Telecommunications and Spectrum Policy, Congressional Research
Service. This hearing provided Subcommittee Members with an
opportunity to review the various offices within the Department
of Homeland Security with emergency communications
responsibilities and determine whether these offices
effectively coordinate, whether there is any duplication of
efforts or efficiencies that could be gained, and whether these
offices provide consistent guidance and requirements to States
and localities.
Committee staff met with representatives from the
Department of Homeland Security's Office of Emergency
Communications on February 9, 2012, to receive an update on the
Office's programs and operations.
On February 14, 2012, Committee staff met with
representatives from the Department of Homeland Security to
discuss the fiscal year 2012 budget and its impact on
communications offices in the Department.
Committee staff met with representatives from the
Interagency Communications Interoperability System on April 18,
2012, to discuss spectrum and other communications topics.
ALERTS AND WARNINGS
Terrorist attacks and natural disasters can occur at any
time, often with little-to-no notice. Alerts and warnings
provided in advance of potential threats and hazards can help
to direct the public to get out of harm's way, which will save
lives.
On February 10, 2011, Committee staff met with
representatives from the Federal Emergency Management Agency to
receive a briefing on the Integrated Public Alerts and Warnings
System (IPAWS).
Committee staff met with representatives from the
Department of Homeland Security on March 3, 2011, on the
Emergency Alert System.
On March 29, 2011, the Subcommittee Chair met with
representatives of the Federal Emergency Management Agency to
receive a briefing on IPAWS.
Committee staff met with stakeholders on March 31, 2011, to
discuss the Emergency Alert System.
On March 11 and 31, 2011, Committee staff participated in
conference calls to receive information on the new National
Terrorism Advisory System.
On May 17, 2011, Committee staff met with stakeholders
regarding the implementation of the Commercial Mobile Telephone
Alerts (CMAS)/Personalized Localized Alerting Network (PLAN)
system.
On June 22, 2011, Committee staff received a briefing from
representatives of the Federal Emergency Management Agency to
receive an update on IPAWS.
The Subcommittee held a hearing on July 8, 2011, entitled
``Communicating With the Public During Emergencies: An Update
on Federal Alert and Warnings.'' The Subcommittee received
testimony from Mr.Damon Penn, Assistant Administrator, National
Continuity Programs, Federal Emergency Management Agency,
Department of Homeland Security; RADM James A. Barnett, Chief,
Public Safety and Homeland Security Bureau, Federal
Communications Commission; Mr.Christopher Guttman-McCabe, Vice
President, Regulatory Affairs, CTIA--The Wireless Association;
Ms.Suzanne D. Goucher, President and CEO, Maine Association of
Broadcasters, testifying on behalf of the National Alliance of
State Broadcasting Associations; and Mr.Allen W. Kniphfer,
Emergency Coordinator, Jefferson County, Alabama. This hearing
provided Subcommittee Members with an opportunity to hear from
representatives from FEMA, the FCC, and their private sector
partners about efforts to provide timely alerts and warnings to
the public.
On November 3, 2011, Committee staff attended a briefing
conducted by representatives of the Federal Emergency
Management Agency and Federal Communications Commission on the
planned November 9, 2011 National test of the Emergency Alert
System.
Committee staff visited FEMA's National Response
Coordination Center on November 9, 2011, to observe the
National test of the Emergency Alert System and receive a
briefing from FEMA leadership.
As a result of the Subcommittee's oversight of the IPAWS
program, on December 6, 2011, the Subcommittee Chair and
Ranking Member introduced the Integrated Public Alert and
Warning System Modernization Act (H.R.3563). (For further
action on H.R.3563 see the legislation section above).
On March 23, 2012, Committee staff met with representatives
from the Federal Emergency Management Agency and the Federal
Communications Commission to discuss the results of the
National test of the Emergency Alert System, which took place
in November 2011.
The Subcommittee held a Member briefing on April 24, 2012,
at which representatives of the private sector provided Members
a perspective on their involvement in the Integrated Public
Alert and Warning System, including feedback on the National
test of the Emergency Alert System and an update on efforts to
deploy the Commercial Mobile Alert System (CMAS).
The Chair of the Subcommittee sent a letter to the
Honorable Craig Fugate, Administrator of the Federal Emergency
Management Agency, on May 22, 2012 regarding the authorization
of IPAWS message originators and the execution of memoranda of
understanding.
MANAGEMENT AND OPERATIONS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY
On April 15, 2011, the Chair and Ranking Member of the
Subcommittee, the Ranking Member of the Full Committee, and
Senators Lieberman, Collins, and Akaka sent a letter to the
Comptroller General requesting that the Government
Accountability Office (GAO) conduct a review of the Federal
Emergency Management Agency's (FEMA) workforce planning and
management efforts. GAO issued the results of its review on
April 26, 2012 Workforce Planning and Training Could Be
Enhanced by Incorporating Strategic Management Principles [GAO-
12-487].
The Chair of the Subcommittee sent a letter to the
Administrator of the Federal Emergency Management Agency on
July 26, 2011 regarding the protection of privacy of FEMA
disaster assistance applicants and inventory control. A
response was received on May 24, 2011.
The Chairs of the Subcommittee on Emergency Preparedness,
Response, and Communications, and the Subcommittee on
Oversight, Investigations, and Management sent a letter to FEMA
Administrator on May 4, 2011, regarding the recent criminal
complaint filed against a FEMA employee for embezzlement and
fraud. The letter requested information on FEMA's efforts to
vet its employees and internal controls in place for various
payment systems to monitor waste, fraud, and abuse. A response
was received in September 14, 2011.
On July 28, 2011, the Chair of the Subcommittee met with
the Director of International Affairs, Federal Emergency
Management Agency, to receive a briefing on FEMA's
international mission. Prior to this briefing, on July 6, 2011,
Committee staff also met with the Director.
Committee Staff met with representatives from the FEMA on
December 19, 2011, to receive a briefing on the FEMA
Qualifications System.
On January 27, 2012, Committee Staff met with FEMA's Chief
Component Human Capital Officer Sheila Clark to discuss the
results of the Partnership for Public Service's ``Best Places
to Work in the Federal Government'' survey and FEMA's efforts
to improve employee morale.
NATIONAL SPECIAL SECURITY EVENTS
The Subcommittee held a Member briefing on November 2,
2011, to examine National Special Security Events and security
for the 2012 Republican and Democratic National Conventions.
Representatives from the U.S. Secret Service and the Federal
Emergency Management Agency responded to Member concerns.
DEFENSE SUPPORT TO CIVIL AUTHORITIES
Committee staff received a briefing from representatives
from the U.S. Northern Command (NORTHCOM) on May 5, 2011, on
the Department of Defense's disaster response posture.
On March 29, 2012, Committee staff received a briefing by
the Office of the Assistant Secretary of Defense for Homeland
Defense on the Department of Defense's role in response to a
chemical, biological, radiological, or nuclear event. This
included a discussion of National Guard and Federal support
teams, how they would integrate with other personnel, and how
they might protect themselves through the use of medical
countermeasures.
On March 30, 2012, Committee staff participated in a video
conference call with representatives from NORTHCOM to discuss
defense support to civil authorities, including Department of
Defense participation in National Level Exercise 2011.
FIRST RESPONDER TECHNOLOGIES
On January 24, 2012, Committee staff received a briefing
from representatives of the DHS Science and Technology
Directorate's First Responder Group on efforts to research,
develop, and deploy technologies to aid first responders.
On May 7, 2012, Committee staff received a briefing from
representatives of FEMA's National Integration Center and Grant
Programs Directorate regarding FEMA's activities related to
first responder technologies.
The Subcommittee on Emergency Preparedness, Response, and
Communications and the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
joint hearing on May 9, 2012, entitled, ``First Responder
Technologies: Ensuring a Prioritized Approach for Homeland
Security Research and Development.'' The Subcommittees received
testimony from Dr. Robert Griffin, Director of First Responder
Programs, Science and Technology Directorate, Department of
Homeland Security; Ms. Mary H. Saunders, Director, Standards
Coordination Office, National Institute of Standards and
Technology; Chief Edward Kilduff, Chief of Department, New York
City Fire Department, New York City, New York; Ms. Annette
Doying, Director, Office of Emergency Management, Pasco County,
Florida; and Ms. Kiersten Todt Coon, President and CEO, Liberty
Group Ventures. This hearing provided Members with an
opportunity to assess efforts at the Federal level to work with
the first responder community to research, develop, and deploy
vital technologies that will enhance the ability of first
responders to achieve their missions.
----------
Subcommittee Hearings Held
``Ensuring Effective Preparedness and Response--An Assessment
of the Fiscal Year 2012 Budget Request for the Federal
Emergency Management Agency.'' March 9, 2011. (Serial
No. 112-7)
``Ensuring Effective Preparedness, Response, and Recovery for
Events Impacting Health Security.'' March 17, 2011.
(Serial No. 112-12)
``Taking Measure of Countermeasures: A Review of Government and
Industry Efforts to Protect the Homeland Through
Accelerated Research, Development, and Acquisition of
Chemical, Biological, Radiological and Nuclear Medical
Countermeasures.'' April 13, 2011. (Serial No. 112-18)
``Taking Measure of Countermeasures: A Review of Efforts to
Protect the Homeland Through Distribution and
Dispensing of CBRN Medical Countermeasures.'' May 12,
2011. (Serial No. 112-18)
``Weathering the Storm: A State and Local Perspective on
Emergency Management.'' June 10, 2011 (Clearwater,
Florida). (Serial No. 112-30)
``H.R. 2356, the `WMD Prevention and Preparedness Act of
2011.''' June 23, 2011. Joint hearing with the
Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies. (Serial No. 112-
32)
``Communicating With the Public During Emergencies: An Update
on Federal Alert and Warning Efforts.'' July 8, 2011
(Serial No. 112-36)
``Five Years Later: An Assessment of the Post Katrina Emergency
Management Reform Act.'' October 25, 2011. (Serial No.
112-53)
``The State of Northern Border Preparedness: A Review of
Federal, State, and Local Coordination.'' October 28,
2011 (Detroit, Michigan). (Serial No. 112-55)
``Ensuring Coordination and Cooperation: A Review of the
Emergency Communications Offices Within the Department
of Homeland Security.'' November 17, 2011. (Serial No.
112-58)
``Ensuring Effective Preparedness and Response: Lessons Learned
from Hurricane Irene and Tropical Storm Lee.'' November
29, 2011. (La Plume, Pennsylvania) (Serial No. 112-59)
``The President's Fiscal Year 2013 Budget Request for the
Federal Emergency Management Agency.'' February 29,
2012. (Serial No. 112-73)
``Ensuring the Transparency, Efficiency, and Effectiveness of
Homeland Security Grants.'' March 20, 2012. (Serial
No. 112-79)
``The Fiscal Year 2013 Budget Request for the Department
Homeland Security's Office of Health Affairs.'' March
29, 2012. (Serial No. 112-83)
``Taking Measure of Countermeasures (Part III): Protecting the
Protectors.'' April 17, 2012. (Serial No. 112-84)
``Ensuring the Efficiency, Effectiveness, and Transparency of
Homeland Security Grants (Part II): Stakeholder
Perspectives.'' April 26, 2012. (Serial No. 112-88)
``First Responder Technologies: Ensuring a Prioritized Approach
for Homeland Security Research and Development.'' May
9, 2012. Joint with the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies.
(Serial No. 112-93)
Subcommittee on Border and Maritime Security
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice
Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex
Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Border and Maritime Security held 15 hearings,
receiving testimony from 62 witnesses, and considered four
measures.
----------
Legislative Activities of the Subcommittee
ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS ACT OF 2011
Pub. L. 112-54 S.1487 (H.R.2042 | H.R.3312)
To require the Secretary of Homeland Security, in consultation
with the Secretary of State, to establish a program to issue
Asia-Pacific Economic Cooperation Business Travel Cards, and
for other purposes.
Summary
The Asia-Pacific Economic Cooperation Business Travel Cards
Act of 2011 authorizes the Secretary of Homeland Security to
issue, in coordination with the Secretary of State, Asia-
Pacific Economic Cooperation business travel cards (ABT Cards)
to approved individuals. S. 1487 requires the Secretary of
Homeland Security to integrate the ABT Cards with other
Department trusted traveler programs. Additionally, S. 1487
permits the Secretary of Homeland Security to consult with
appropriate private sector entities and, if necessary,
prescribe regulations to issue the ABT Cards. The bill also
authorizes the Secretary to collect and adjust a user fee for
establishing and operating the ABT Card program. The Secretary
may terminate the program if it is in the interest of the
United States.
Legislative History
S.1487 was introduced in the Senate on August 2, 2011, by
Ms.Cantwell, Mr.Akaka, Mr.Inouye, and Mr.Johnson of Wisconsin,
and referred to the Committee on Homeland Security and
Governmental Affairs.
On October 19, 2011, the Senate Committee on Homeland
Security and Governmental Affairs considered S.1487 and ordered
the measure to be favorably reported to the Senate with an
Amendment in the Nature of a Substitute.
The Senate Committee on Homeland Security and Governmental
Affairs reported S. 1487 to the Senate on November 3, 2011 with
no written report.
The Senate considered and passed S.1487 on November 3,
2011, by unanimous consent.
On November 4, 2011, the House considered and passed
S.1487, under Suspension of the Rules, clearing the measure for
the President.
The President signed S.1487 into law on November 12, 2011,
as Public Law 112-54.
H.R.2042, the House companion measure, was introduced in
the House on May 26, 2011, by Mr.Larsen of Washington,
Mr.Herger, Mr.Crowley, Mr.Brady of Texas, and Mr.Daniel E.
Lungren of California, and referred to the Committee on
Homeland Security. Within the Committee, H.R.2042 was referred
to the Subcommittee on Border and Maritime Security.
On October 25, 2011, the House considered H.R.2042 under
Suspension of the Rules and passed the measure by voice vote.
H.R.2042 was received in the Senate on October 31, 2011,
and on November 3, 2011, was read twice, and placed on the
Senate Legislative Calendar.
H.R.3312 was introduced in the House on November 2, 2011,
by Mr.Brady of Texas and Mr.Larsen of Washington, and referred
to the Committee on Homeland Security. Within the Committee,
H.R. 3312 was referred to the Subcommittee on Border and
Maritime Security. H.R.3312 consisted of the text of S.1487, as
ordered to be reported by the Senate Committee on Homeland
Security and Governmental Affairs.
JAIME ZAPATA BORDER ENFORCEMENT SECURITY TASK FORCE ACT
H.R.915
To establish a Border Enforcement Security Task Force program
to enhance border security by fostering coordinated efforts
among Federal, State, and local border and law enforcement
officials to protect United States border cities and
communities from trans-national crime, including violence
associated with drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and
across the international borders of the United States, and for
other purposes.
Summary
The Jaime Zapata Border Enforcement Security Task Force Act
establishes in United States Immigration and Customs
Enforcement (ICE) a Border Enforcement Security Task Force
(BEST) program to enhance border security by addressing and
reducing border security threats and violence by: (1)
Facilitating collaboration among Federal, State, local, Tribal,
and foreign law enforcement agencies to execute coordinated
activities in furtherance of border security and homeland
security; and (2) enhancing information sharing among such
agencies.
H.R.915 authorizes the Secretary of Homeland Security,
acting through the Assistant Secretary for ICE, to establish
BEST units after considering: (1) Whether the area where the
unit would be established is significantly impacted by cross-
border threats; (2) the availability of Federal, State, local,
Tribal, and foreign law enforcement resources to participate in
the unit; and (3) the extent to which border security threats
are having a significant harmful impact in the area and in
other jurisdictions. The bill authorizes the Secretary, in
order to provide Federal assistance to the area so designated,
to: (1) Obligate such sums as are appropriated for the BEST
program; (2) direct the assignment of Federal personnel to that
program; and (3) take other actions to assist State, local,
Tribal, and foreign jurisdictions to participate.
The bill directs the Secretary to report on the
effectiveness of the program in enhancing border security and
reducing the drug trafficking, arms smuggling, illegal alien
trafficking and smuggling, violence, and kidnapping along and
across borders of the United States.
Legislative History
111th Congress
H.R.1437, the ``Southern Border Security Task Force Act of
2009,'' was introduced in the House on March 11, 2009, by
Mr.Cuellar, and referred to the Committee on Homeland Security,
and in addition to the Committee on the Judiciary. Within the
Committee, H.R.1437 was referred to the Subcommittee on Border,
Maritime, and Global Counterterrorism. No further action
occurred on H.R.1437 in the 111th Congress.
H.R.1437 contains provisions similar to those in H.R.915 in
the 112th Congress.
112th Congress
H.R.915 was introduced in the House on March 3, 2011, by
Mr.Cuellar and Mr.McCaul, and referred to the Committee on
Homeland Security. Within the Committee, H.R.915 was referred
to the Subcommittee on Border and Maritime Security.
On June 2, 2011, the Subcommittee on Border and Maritime
Security considered H.R.915 and favorably reported the measure
to the Full Committee for consideration, amended, by voice
vote.
On September 21, 2011, the Committee considered H.R.915,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R.915 to the House on November 4,
2011, as H. Rpt. 112-268.
The House considered H.R. 915 on May 30, 2012, under
Suspension of the Rules, and passed the measure by a \2/3\ roll
call vote of 391 yeas and 2 nays (Roll No. 296).
SECURE BORDER ACT OF 2011
H.R.1299
To achieve operational control of and improve security at the
international land borders of the United States, and for other
purposes.
Summary
In testimony before Congress, a Government Accountability
Office witness reported that the U.S. Border Patrol has less
than 44 percent of the Southwest border under operational
control and less than 2 percent of the Northern Border under
operational control [GAO-11-374T and GAO-11-508T]. H.R. 1299
requires the Department of Homeland Security to develop a plan
to gain operational control, as defined by the Secure Fence Act
of 2006 (Pub. L. 109-367), of the Nation's borders within 5
years. In the event that the Secretary should try to utilize
another measure other than operational control, that measure
must be evaluated by a National Laboratory for suitability in
measuring control of the border. The Secretary must also
develop a comprehensive new measurement system which captures
the effectiveness of security at the ports of entry. Finally,
it requires the U.S. Customs and Border Protection to provide
the Committee with its resource allocation model for the
current future year staffing requirements and detailed port of
entry manpower data.
Legislative History
H.R.1299 was introduced in the House on March 31, 2011, by
Mrs.Miller of Michigan and 18 original cosponsors, and referred
to the Committee on Homeland Security. Within the Committee,
H.R.1299 was referred to the Subcommittee on Border and
Maritime Security.
On June 2, 2011, the Subcommittee on Border and Maritime
Security considered H.R.1299 and favorably reported the measure
to the Full Committee for consideration, amended, by voice
vote.
On September 21, 2011, the Subcommittee was discharged from
further consideration of H.R. 1299. The Committee then
considered H.R.1299, and ordered the measure to be reported to
the House, with a favorable recommendation, amended, by voice
vote.
The Committee reported H.R.1299 to the House on November
10, 2011, as H. Rpt. 112-274.
The House considered H.R. 1299 on May 30, 2012, under
Suspension of the Rules and passed the measure by voice vote.
The Chair of the Committee on Ways and Means sent a letter
to the Chair of the Committee on Homeland Security agreeing to
waive consideration of H.R. 1299, the letter further requested
the appointment of Conferees should a House-Senate Conference
be convened. On June 5, 2012, the Chair of the Committee on
Homeland Security sent a letter to the Chair of the Committee
on Ways and Means acknowledging the jurisdictional concerns of
the Committee on Ways and Means, and agreeing to support the
appointment of Conferees.
NATIONAL SECURITY AND FEDERAL LANDS PROTECTION ACT
H.R. 1505
To prohibit the Secretaries of the Interior and Agriculture
from taking action on public lands which impede border security
on such lands, and for other purposes.
Summary
H.R. 1505 prohibits the Secretaries of the Interior and
Agriculture from taking action on public lands which impede the
Border Patrol from conducting security activities under the
direction of the Secretary of Homeland Security. In order to
effectively secure the border, the Department of Homeland
Security is provided immediate access to any public land
managed by the Federal Government; including access to maintain
and construct roads, construct a fence, use patrol vehicles,
and set up monitoring equipment.
Legislative History
H.R. 1505 was introduced in the House on April 13, 2011, by
Mr. Bishop of Utah and 54 cosponsors, and referred to the
Committee on Natural Resources, and in addition the Committees
on Agriculture and Homeland Security. Within the Committee,
H.R. 1505 was referred to the Subcommittee on Border and
Maritime Security.
On October 5, 2011, the Natural Resources Subcommittee on
National Parks, Forests, and Public Lands discharged H.R. 1505.
On October 5, 2011 the Committee on Natural Resources
considered H.R. 1505, and ordered the measure to be reported to
the House with a favorable recommendation, amended, by a
recorded vote of 26 yeas and 17 nays.
The Chair of the Committee on Natural Resources sent a
letter on December 14, 2011, to the Chair of the Committee on
Homeland Security requesting that, in order to expedite
consideration of H.R. 1505 by the Full House, the Committee
would discharge H.R. 1505 from any further consideration. The
Chair of the Committee responded on December 14, 2011
acknowledging the request of the Committee on Natural Resources
by discharging H.R. 1505 from further consideration by the
Committee. The response further requested an appointment of
Conferees should a House-Senate Conference be called.
The Committee on Natural Resources reported H.R. 1505 to
the House as H. Rpt. 112-448, Pt. I on April 17, 2012. The
Committee on Agriculture and the Committee on Homeland Security
were subsequently discharged from further consideration of H.R.
1505.
SECURE VISAS ACT
H.R. 1741
To authorize the Secretary of Homeland Security and the
Secretary of State to refuse or revoke visas to aliens if in
the security or foreign policy interests of the United States,
to require the Secretary of Homeland Security to review visa
applications before adjudication, to provide for the immediate
dissemination of visa revocation information, and for other
purposes.
Summary
H.R. 1741, also known as the Secure Visas Act, provides the
Secretary of Homeland Security authority to refuse or revoke
any visa to an alien or class of aliens if deemed necessary or
advisable to protect the security interests of the United
States. The legislation mandates inspection of all visa
applications and supporting documentation before the
adjudication of the application at the 20 highest-risk visa
issuing diplomatic and consular posts, as determined by the
Secretary, and authorizes the Secretary to assign employees to
those diplomatic consular posts.
Legislative History
H.R. 1741 was introduced in the House on May 5, 2011, by
Mr. Smith of Texas and eight original cosponsors, and referred
to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security. Within the Committee, H.R. 1741
was referred to the Subcommittee on Border and Maritime
Security.
The Committee on the Judiciary considered H.R. 1741 on June
23, 2011, and ordered the measure to be reported to the House,
amended, by a recorded vote of 17 yeas and 11 nays.
The Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on the Judiciary on July
13, 2011, agreeing that, in order to expedite consideration on
the House Floor, the Committee on Homeland Security would waive
its right to consider H.R. 1741. The letter further requested
the appointment of Conferees should a House-Senate Conference
be called. On that same date, the Chair of the Committee on the
Judiciary sent a letter to the Chair of the Committee on
Homeland Security agreeing to the waiving of consideration in
order to expedite consideration.
The Committee on the Judiciary reported H.R. 1741 to the
House as H. Rpt. 112-441, Pt. I on March 8, 2012. Subsequently,
the Committee on Homeland Security was discharged from further
consideration of H.R. 1741.
TO PROVIDE U.S. CUSTOMS AND BORDER PROTECTION WITH ACCESS TO FEDERAL
LANDS TO CARRY OUT CERTAIN SECURITY ACTIVITIES IN THE SOUTHWEST BORDER
REGION
H.R.1922
To provide U.S. Customs and Border Protection with access to
Federal lands to carry out certain security activities in the
Southwest border region, and for other purposes.
Summary
Over 20.7 million acres along the U.S. Southern Border are
Federal lands managed by the Department of the Interior and the
Department of Agriculture. Federal land managers are using
environmental regulations to impede the U.S. Border Patrol from
accessing these lands and effectively securing the border. The
purpose of this bill is to give U.S. Customs and Border
Protection unfettered access to Federal Lands for the purposes
of conduction motorized patrols.
Legislative History
H.R.1922 was introduced in the House on May 13, 2011, by
Mr.Quayle and six original cosponsors, and referred to the
Committee on Natural Resources, in addition to the Committee on
Homeland Security. Within the Committee, H.R.1922 was referred
to the Subcommittee on Border and Maritime Security.
On June 2, 2011, the Subcommittee on Border and Maritime
Security considered H.R.1922 and favorably reported the measure
to the Full Committee for consideration by voice vote.
Provisions of H.R. 1922 were included in Title VI of H.R.
3116 as reported to the House. See also action on H.R. 3116
discussed above.
TO DIRECT THE SECRETARY OF HOMELAND SECURITY TO REFORM THE PROCESS FOR
THE ENROLLMENT, ACTIVATION, ISSUANCE, AND RENEWAL OF A TRANSPORTATION
WORKER IDENTIFICATION CREDENTIAL (TWIC) TO REQUIRE, IN TOTAL, NOT MORE
THAN ONE IN-PERSON VISIT TO A DESIGNATED ENROLLMENT CENTER
H.R.3173
To direct the Secretary of Homeland Security to reform the
process for the enrollment, activation, issuance, and renewal
of a Transportation Worker Identification Credential (TWIC) to
require, in total, not more than one in-person visit to a
designated enrollment center.
Summary
The Transportation Worker Identification Credential (TWIC)
program was created to ensure all individuals who require
admittance into secure areas of regulated maritime facilities
and vessels are properly vetted and do not pose a threat to
maritime and supply chain security. Current TWIC requirements
compel applicants go to an enrollment center twice to complete
the application and confirm the biometric information embedded
into the card. The Committee believes that this is an onerous
burden for workers in the maritime industry, such as merchant
vessel operators and truck drivers, who rely on obtaining the
credential for employment.
H.R. 3173 provides the Transportation Security
Administration with the ability to streamline the process for
TWIC application and require not more than one in-person visit.
Legislative History
H.R. 3173 was introduced in the House on October 12, 2011,
by Mr. Scalise, Mr. Young of Alaska, Mr. King of New York, Mr.
Thompson of Mississippi, Mr. Cummings, and Mr. Richmond, and
referred to the Committee on Homeland Security. Within the
Committee, H.R. 3173 was referred to the Subcommittee on Border
and Maritime Security.
The Subcommittee on Border and Maritime Security was
discharged from further consideration of H.R. 3173 on May 9,
2012.
The Full Committee considered H.R. 3173 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
GAUGING AMERICAN PORT SECURITY ACT
H.R.4005
To direct the Secretary of Homeland Security to conduct a study
and report to Congress on gaps in port security in the United
States and a plan to address them.
Summary
H.R. 4005 requires the Secretary of Homeland Security to
conduct a study on the remaining gaps in port security. Not
later than one year after the enactment of the bill, a
classified report must be submitted to the Congress. This
report should clearly prioritize the port security gaps and
provide a plan to address them.
Legislative History
H.R. 4005 was introduced in the House on February 9, 2012,
by Ms. Hahn, and referred to the Committee on Homeland
Security. Within the Committee, H.R. 4005 was referred to the
Subcommittee on Border and Maritime Security.
The Subcommittee on Border and Maritime Security was
discharged from further consideration of H.R. 4005 on May 9,
2012.
The Full Committee considered H.R. 4005 on May 9, 2012, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The Committee reported H.R. 4005 to the House on May 30,
2012 as H. Rpt. 112-499.
BORDER TUNNEL PREVENTION ACT OF 2012
H.R.4119 (S. 1236)
To reduce the trafficking of drugs and to prevent human
smuggling across the Southwest Border by deterring the
construction and use of border tunnels.
Summary
H.R. 4119 enhances the penalties of anyone who attempts or
assists in the construction of a tunnel other passage that
crosses the international border between the United States and
another country with the intent of using the tunnel for
smuggling. The legislation also encourages the Department of
Homeland Security to continue outreach efforts to educate
landowners and residents in areas along the border between the
United Mexican States and the United States about cross-border
tunnels and requests their assistance in combating tunnel
construction.
The Secretary of Homeland Security is also required to
submit an annual report to Congress indicating the number of
tunnels located, and efforts to prevent these means of
smuggling.
Legislative History
H.R. 4119 was introduced in the House on March 1, 2012, by
Mr. Reyes, Mr. Dreier, Mr. Quayle, and Mr. Thompson of
Mississippi, and referred to the Committee on the Judiciary,
and in addition to the Committee on Ways and Means and the
Committee on Homeland Security. Within the Committee, H.R. 4119
was referred to the Subcommittee on Border and Maritime
Security.
The Committee on the Judiciary considered H.R. 4119 on
March 6, 2012, and ordered the measure to be reported to the
House, without amendment, by voice vote.
The Chair of the Committee on Homeland Security sent a
letter to the Chair of the Committee on the Judiciary on March
15, 2012, agreeing that, in order to expedite consideration on
the House Floor, the Committee would discharge itself from
consideration of H.R. 4119. On that same date, the Chair of the
Committee on the Judiciary sent a letter to the Chair of the
Committee on Homeland Security acknowledging the decision to
forego consideration of
H.R. 4119.
The Committee on the Judiciary reported H.R. 4119 to the
House on March 21, 2012, as H. Rpt. 112-418, Pt. I.
Subsequently, the Committee on Ways and Means and the Committee
on Homeland Security were discharged from further
consideration.
The House considered H.R. 4119 under Suspension of the
Rules on May 15, 2012, and on May 16, 2012 passed the bill by a
two-thirds vote of 416 yeas and 4 nays (Recorded Vote No. 256).
The Senate considered and passed H.R. 4119 on May 17, 2012,
by unanimous consent.
H.R. 4119 was presented to the President on May 29, 2012.
S. 1236, the Senate companion measure, was introduced in
the Senate on June 20, 2011, by Mrs. Feinstein, Mr. Kyl, Ms.
Landrieu, and Ms. McCaskill, and referred to the Senate
Committee on the Judiciary.
The Senate Committee on the Judiciary considered S. 1236 on
December 15, 2011, and ordered the measure to be reported to
the Senate, without amendment. The Senate Committee on the
Judiciary reported the measure on that same date, with no
written report.
The Senate passed S. 1236, without amendment, by unanimous
consent on January 30, 2012.
S. 1236 was received in the House and held at the Desk on
January 31, 2012.
TO AUTHORIZE, ENHANCE, AND REFORM CERTAIN PORT SECURITY PROGRAMS
THROUGH INCREASED EFFICIENCY AND RISK-BASED COORDINATION WITHIN THE
DEPARTMENT OF HOMELAND SECURITY
H.R. 4251
To authorize, enhance, and reform certain port security
programs through increased efficiency and risk-based
coordination within the Department of Homeland Security, and
for other purposes.
Summary
The purpose H.R. 4251 is to expand and update the Security
and Accountability For Every Port Act of 2006 (SAFE Port Act
Pub.L. 109-347) by enhancing security measures overseas before
threats reach U.S. shores, to foster a collaborative
environment between Customs and Border Protection and the U.S.
Coast Guard in sharing port security duties, and to leverage
the maritime security work of trusted allies of the U.S. such
as the United Kingdom, Canada, and New Zealand.
H.R. 4251 is based upon three fundamental themes: (1)
Encouraging Department of Homeland Security (DHS) components
with shared jurisdiction to cooperate in maritime operations
and partner with State and local law enforcement agencies to
enhance the Nation's maritime security; (2) securing the supply
chain through the use of risk-based methodology; and (3)
finding cost savings through increased collaboration with
international, Federal, State, and local partners.
Key provisions in the bill include: (1) A Port Security
Grant Program management provision that sets timelines for
responses that DHS and the Federal Emergency Management Agency
(FEMA) must provide in regards to Port Security Grant
Applications; (2) authorizing the Coast Guard and Royal
Canadian Mounted Police maritime Shiprider program, including
funding of $2 million per year, which is the current level of
funding for the program; (3) port security training program
with accredidation from the Federal Law Enforcement Training
Center; and (4) requiring DHS to publish its spending
regulations regarding Transportation Worker Identification
Credential readers and including a firm deadline of December
31, 2014, for full deployment of readers.
Legislative History
H.R. 4251 was introduced in the House on March 22, 2012, by
Mrs. Miller of Michigan, Mr. King of New York, Mr. Cuellar, Mr.
McCaul, and Mr. Clarke of Michigan, and referred to the
Committee on Homeland Security. Within the Committee, H.R. 4251
was referred to the Subcommittee on Border and Maritime
Security.
The Subcommittee considered H.R.4251 on March 26, 2012, and
favorably reported the measure to the Full Committee, amended,
by voice vote.
The Committee considered H.R. 4251 on June 6, 2012, and
ordered the measure to the favorably reported to the House,
amended, by voice vote.
----------
Oversight Activities of the Subcommittee
BORDER SECURITY BETWEEN THE PORTS OF ENTRY
The concept of operational control of the border as used in
the U.S. Border Patrol's National Strategy has become the
standard measure to describe how much or how little of the
border is secure. According to the Border Patrol, approximately
1,107 miles are under effective operational control, but U.S.
Customs and Border Protection (CBP) has no current plans to
gain additional miles under control for the rest of fiscal year
2012 or in fiscal year 2013.
In order for the Border Patrol to be effective, agents must
have the right combination of personnel, infrastructure, and
technology. Since the cancellation of SBInet, the question
remains: ``What is next?'' The addition of increased Border
Patrol agents and infrastructure improvements alone cannot
secure the border--suitable technology must be used to support
the agents in the field as a force multiplier.
State and local law enforcement, first responders, and
other Government officials can, and should, be leveraged to
accomplish the shared goal of a secure border and safe
communities. State and local officials in many cases are the
first to encounter criminal elements associated with the influx
of illegal crossings. The Subcommittee is examining how the
current programs in place that delegate customs authority to
State and local law enforcement can inform the future use of
such authorities in securing the border against illegal
immigration and the smuggling of contraband.
Subcommittee Members were briefed on January 19, 2011, by
officials from CBP's Office of Technology Innovation and
Acquisitions. The briefing examined the Department of Homeland
Security's plan to move forward in the aftermath of the
Secretary's decision to cancel the Secure Border Initiative.
On January 27, 2011, Committee staff received a briefing
from members of the Association of Unmanned Vehicle Systems
International on the issue of unmanned aerial vehicles as a
tool to help secure the border.
On January 27, 2011, Committee staff met with officials
from the U.S. Border Patrol to discuss fiscal year 2010
statistics and how they relate to operational control of the
border. The brief reviewed what metrics the Border Patrol uses
to define levels of control on the border.
Committee staff met with representatives from the
Government Accountability Office (GAO) on February 4, 2011, to
discuss two reports; the first titled ``Enhanced DHS Oversight
and Assessment of Interagency Coordination Is Needed for the
Northern Border'' [GAO-11-97] and the second, ``Preliminary
Observations on Border Control Measures for the Southwest
Border'' [GAO-11-374T].
On February 15, 2011, the Subcommittee held a hearing
entitled ``Securing Our Borders-Operational Control and the
Path Forward.'' The Subcommittee received testimony from
Mr.Michael J. Fisher, Chief, Border Patrol, U.S. Customs and
Border Protection, Department of Homeland Security; Mr.Richard
M. Stana, Director, Homeland Security and Justice, Government
Accountability Office; and Hon. Raul G. Salinas, Mayor, City of
Laredo, Texas. The hearing focused on the Department's efforts
to gain and maintain operational control of the border. It
examined the effectiveness of the U.S. Border Patrol's measures
for obtaining operational control including statistics on
apprehensions, contraband seized, and number of Border Patrol
Agents assigned to the Southwest Border. Additionally, the
hearing provided Members an opportunity to explore whether a
Department-wide strategy to secure the border exists.
Committee staff met with officials from CBP on March 8,
2011, to receive an update on technology and personnel on the
border.
On March 15, 2011, the Subcommittee held a hearing entitled
``Strengthening the Border-Finding the Right Mix of Personnel,
Infrastructure, and Technology.'' The Subcommittee received
testimony from Mr.Michael J. Fisher, Chief of the Border
Patrol, U.S. Customs and Border Protection, Department of
Homeland Security; Mr.Mark Borkowski, Assistant Commissioner,
Office of Technology Innovation and Acquisition, U.S. Customs
and Border Protection, Department of Homeland Security;
Mr.Michael C. Kostelnik, (Maj. Gen. Ret.) Assistant
Commissioner, Office of CBP Air and Marine, U.S. Customs and
Border Protection, Department of Homeland Security; Major
General Hugo E. Salazar, Adjutant General, Arizona National
Guard; and Mr.Richard M. Stana, Director, Homeland Security and
Justice, Government Accountability Office. The focus of this
hearing was to examine the Department of Homeland Security's
efforts to secure the border using a combination of personnel,
infrrastructure, and technology.
Majority Members of the Subcommittee sent a letter to the
President on April 1, 2011, requesting an extension of the
current National Guard deployment along the Southwest Border,
past the current June 30, 2011 deadline. The National Guard has
been a valuable force multiplier in the border mission--known
as Operation Phalanx--and has proven to be well-equipped to
provide the necessary support to civilian law enforcement
personnel. The National Guard has expertise in a variety of
border security skills such as ground surveillance, criminal
investigative analysis, and command-and-control capabilities.
The letter further requested that the National Guard not be
limited to assisting civilian law enforcement, but to function
to the full extent allowed under Title 32, Section 502(f) duty
status.
Committee staff held a briefing, on April 12, 2011, with
representatives from Immigration and Customs Enforcement (ICE)
regarding cooperation between their organization and State and
local law enforcement officials. The briefing covered areas of
effectiveness and areas that needed improvement.
Committee staff met with representatives from the
Government Accountability Office (GAO) on April 25, 2011, to
discuss and examine SBInet and GAO's recommendations for the
future of this program.
On April 26, 2011, the Subcommittee received a briefing
from representatives from ICE on the Border Enforcement
Security Task Force (BEST) teams. The briefing focused on their
work with State and local law enforcement in the areas
surrounding the BEST teams.
Committee staff met with the Deputy Chief of the U.S.
Border Patrol on April 27, 2011 to discuss the effectiveness of
the Operation Stonegarden grant program and other programs the
U.S. Border Patrol uses to leverage State and local resources
to secure the border.
State and local law enforcement, first responders, and
other Government officials can, and should be, leveraged to
accomplish the shared goal of a secure border and safe
communities. The Subcommittee examined this issue in a May 3,
2011, hearing entitled ``Border Security and Enforcement--
Department of Homeland Security's Cooperation with State and
Local Law Enforcement Stakeholders.'' The Subcommittee received
testimony from Mr.Kumar Kibble, Deputy Director, U.S.
Immigration and Customs Enforcement, Department of Homeland
Security; Mr.Ronald Vitiello, Deputy Chief, U.S. Customs and
Border Protection, Department of Homeland Security; Sheriff
Larry Dever, Cochise County Sheriff's Office, Arizona; Sheriff
Todd Entrekin, Etowah County Sheriff's Office, Alabama; and
Mr.Gomecindo Lopez, Commander, Special Operations Bureau, El
Paso County Sheriff's Office, Texas.
Committee staff met with representatives from DHS and the
Department of Defense (DOD) on April 10, 2012, to discuss the
upcoming hearing on the issue of the National Guard on the
Southern Border. The meeting covered potential information that
would be brought up in the hearing and helped to respond to
various Committee staff questions on a variety of topics.
On April 17, 2012, the Subcommittee held a hearing entitled
``Boots on the Ground or Eyes in the Sky: How Best to Utilize
the National Guard to Achieve Operational Control.'' The
Subcommittee received testimony from Hon. Paul N. Stockton,
Assistant Secretary of Defense for Homeland Defense and
Americas' Security Affairs, Office of Undersecretary of Defense
for Policy, Department of Defense; Mr. Ronald D. Vitiello,
Deputy Chief of Border Patrol, U.S. Customs and Border
Protection, Department of Homeland Security; Mr. Martin
Vaughan, Executive Director, Southwest Region, Office of Air
and Marine, U.S. Customs and Border Protection, Department of
Homeland Security; Maj. Gen. John Nichols, Adjutant General,
Texas National Guard; and Mr. Brian J. Lepore, Director,
Defense Capabilities and Management, Government Accountability
Office. The purpose of this hearing was to focus on the
National Guard and CBPs future strategy to achieve operational
control of the border, whether additional ad hoc deployments
may be necessary, and how best to utilize the National Guard to
support the Border Patrol.
On May 8, 2012, the Subcommittee held a hearing entitled
``Measuring Border Security: U.S. Border Patrol's New Strategic
Plan and the Path Forward.'' The Subcommittee received
testimony from Chief Michael J. Fisher, Border Patrol,
Department of Homeland Security; Ms. Rebecca Gambler, Acting
Director, Homeland Security and Justice, Government
Accountability Office; and Mr. Marc Rosenblum, PhD, Specialist
in Immigration Policy, Congressional Research Service. This
hearing examined the U.S. Border Patrol's new strategic plan
and its implications for future border security efforts.
SECURITY AT THE PORTS OF ENTRY
Examining how the U.S. Customs and Border Protection Office
of Field Operations uses the resources appropriated by Congress
to stop the illicit flow of money, guns, and drugs across the
Nation's borders is crucial in determining control of the
border. The Department of Justice reported in the National Drug
Threat Assessment (February 2010) that nearly 90 percent of all
drugs smuggled into the United States flow through official
ports of entry. However, statistics provided by the U.S.
Customs and Border Protection (CBP)--in their CBP Strategic
Context Congressional Justification, fiscal year 2010--show
that CBP personnel are apprehending fewer than half of all
major violators, such as drug smugglers, at the border.
Committee staff received a briefing from representatives
from Immigration and Custom Enforcement (ICE) on March 7, 2011,
on the current situation with drug cartels within the United
Mexican States. The briefing covered techniques on smuggling
drugs into the United States and money and weapons out of the
United States.
On March 11 and 23, 2011, Committee staff met with
representatives from both the Department of Treasury's
Financial Crimes Enforcement Network (FinCEN) and ICE to
discuss the current financial issues of the Mexican drug
cartels, specifically, their use of stored value cards.
In evaluating the allocation of resources at the ports of
entry in terms of manpower, canine units, and infrastructure,
the Subcommittee looked to determine whether or not those
resources were being properly deployed to stem the tide of
illicit guns, money, and drugs that cross through the ports of
entry. On April 5, 2011, the Subcommittee held a hearing
entitled ``Using Resources Effectively to Secure Our Border at
Ports of Entry-Stopping the Illicit Flow of Money, Guns, and
Drugs.'' The Subcommittee received testimony from Mr.Thomas
Winkowski, Assistant Commissioner, U.S. Customs and Border
Protection, Department of Homeland Security; Mr.Stan Korosec,
Vice President, Operations, Blue Water Bridge Canada;
Mr.Timothy J. Koerner, Vice President and Chief Security
Officer, Canadian National Railway Company; and Hon. Richard F.
Cortez, Mayor, City of McAllen, Texas.
Committee staff met with the Deputy Chief of the U.S.
Border Patrol on April 27, 2011, to discuss the effectiveness
of Operation Stonegarden and other programs Border Patrol uses
to secure the border.
The Chairs of the Full Committee and the Subcommittee sent
a letter to the President on April 1, 2011, requesting an
extension of the National Guard troop along the Southern
Border.
The Chair and Ranking Member of the Full Committee and the
Chair and Ranking Member of the Subcommittee sent a letter on
June 1, 2011, to the CBP Commissioner regarding personnel at
the borders and ports of entry.
On July 8, 2011, the Subcommittee hosted a Member-only
classified briefing. The briefing provided an assessment of
current border security threats to the Nation. Members were
briefed by representatives from the Department of Homeland
Security, including the Office of Intelligence and Analysis and
Customs and Border Protection.
Committee staff met with representatives from CBP on
September 26, 2011, regarding the Border Condition Index. CBP
was able to provide an overview of the Index and respond to
staff concerns.
On April 20, 2012, representatives from CBP met with
Committee staff on Section 543 of the President's fiscal year
2013 Budget Request, the Alternative Sources of Funding
Provision.
On May 1, 2012 the Subcommittee held a field hearing in
Laredo, Texas, entitled ``Using Technology to Facilitate Trade
and Enhance Security at Our Ports of Entry.'' The Subcommittee
received testimony from Mr. Gene Garza, Director of Field
Operations, Laredo Field Office, Office of Field Operations,
U.S. Customs and Border Protection, Department of Homeland
Security; Mr. Steve C. McCraw, Director, Texas Department of
Homeland Security; Mr. Jesse Hereford, Vice Chairman, Border
Trade Alliance; Mr. Wilfredo Martinez, Chairman, Laredo Chamber
of Commerce, Laredo, Texas; and Mr. Jose D. Gonzalez, Jose
David Gonzalez Customs Brokerage.
PORT AND MARITIME SECURITY
The U.S. Coast Guard (USCG) plays a vital role within the
Department of Homeland Security (DHS). The USCG safeguards the
Nation's ports, waterways, and coastal waters, interdicts
illegal drug smuggling, performs search and rescue operations,
inspects and ensures safety for all maritime vessels entering
the United States and aids in law enforcement on the water; all
while maintaining a state of defensive readiness.
Committee staff conducted a site visit to the Maritime
Security Response Team (MSRT) in Chesapeake, Virginia on
January 13, 2011. The visit allowed staff to conduct oversight
and gain greater knowledge of the missions and capabilities of
the MSRTs.
On February 8, 2011, Committee staff met with
representatives from the USCG to discuss the International Port
Security Program (ISPS). The meeting specifically focused on
the inspection process and program effectiveness.
The Chairs of the Full Committee and the Subcommittee sent
a letter on March 2, 2011, to the Commandant of the U.S. Coast
Guard regarding the proposed budget request for the Guard and
its post-9/11 mission.
Committee staff met with representatives from the USCG on
March 17, 2011, for a briefing on the current status and
effectiveness of Interagency Operational Centers (IOCs) and
their plans for future development.
On April 13, 2011, the Subcommittee conducted a site visit
to the U.S. Coast Guard Headquarters in Washington, DC.
Subcommittee Members and staff met with the Commandant of the
Coast Guard and examined security-related issues.
On April 14, 20, and 27, 2011, Committee staff met with
representatives from the USCG, the Government Accountability
Office, and relevant stakeholders to understand their concerns
of the Transportation Worker Identification Credential (TWIC)
program. Committee staff received a briefing on April 19, 2011,
from representatives from the USCG on the Shiprider program and
discussed relevant legislation.
Committee staff met with representatives from the USCG on
May 13, 2011, for a scoping meeting for the upcoming hearing
with Admiral Papp. During this meeting, staff were able to
discuss the hearing and request any information they needed.
On May 26, 2011, Committee staff met with representatives
from the Royal Canadian Mounted Police (RCMP). The briefing
covered issues regarding the Shiprider program and current and
potential integrated law enforcement programs at the Northern
Border.
On May 31, 2011, Committee staff held a meeting with
representatives from the Government Accountability Office
regarding the upcoming U.S. Coast Guard hearing. The purpose of
the meeting was to discuss the work GAO had done regarding
Coast Guard acquisition plans and other challenges facing the
Coast Guard.
Following September 11, 2001, the USCG greatly increased
its maritime security operations, including its focus on Ports
and Waterways Coastal Security (PWCS) and defense readiness
missions. On June 14, 2011, the Subcommittee held a hearing on
``Securing the Nation's Ports and Maritime Border--A Review of
the Coast Guard Post--9/11 Homeland Security Missions.'' The
Subcommittee received testimony from Admiral Papp, Commandant
of the USCG. In the hearing, the Subcommittee examined what
Admiral Papp meant when he stated that the service may need to
``reduce the number and range of capabilities [the USCG has]
added since 9/11, until properly resourced and this will be
acceptable.''
Committee staff met with representatives from the
Government Accountability Office (GAO) on January 4, 2012, to
discuss the report entitled ``Maritime Security: Coast Guard
Needs to Improve Use and Management of Interagency Operations
Centers.'' [GAO-112-202].
On January 5, 2012, Committee staff received a briefing
from DHS on their maritime biometrics program. The briefing
covered section 807 of the 2010 Coast Guard Authorization Act
(Pub. L. 111-281).
On February 1, 2012, Committee staff met with
representatives from DHS components to discuss the upcoming
hearing on Global Supply Chain Security. The meeting covered
potential information that would be raised in the hearing and
helped to address staff concerns.
The Subcommittee held a hearing on February 7, 2012,
entitled ``Balancing Maritime Security and Trade Facilitation:
Protecting our Ports, Increasing Commerce and Securing the
Supply Chain--Part I.'' The Subcommittee received testimony
from Hon. Jerrold Nadler, a Representative in Congress from the
8th District of New York; Mr. David Heyman, Assistant
Secretary, Office of Policy, Department of Homeland Security;
Mr. Kevin McAleenan, Acting Assistant Commissioner, Office of
Field Operations, U.S. Customs and Border Protection,
Department of Homeland Security; Rear Admiral Paul Zukunft,
Assistant Commandant for Marine Safety, Security and
Stewardship, U.S. Coast Guard, Department of Homeland Security;
and Mr. Stephen Caldwell, Director, Maritime and Coast Guard
Issues, Homeland Security and Justice Team, Government
Accountability Office.
On April 27, 2012, the Subcommittee considered H.R. 4251,
the ``Securing Maritime Activities Through Risk-based Targeting
for Port Security Act.'' See action on H.R. 4251, discussed
above.
BORDER SECURITY THREATS
On July 8, 2011, the Subcommittee received a classified
Member-only briefing on current border security threats to the
Nation. Members were briefed by representatives from the
Department of Homeland Security, including the Office of
Intelligence and Analysis and Customs and Border Protection.
The Chairs of the Full Committee and the Subcommittee sent
a letter to the Secretary of Homeland Security on November 21,
2011, expressing concern over the Department's apparent failure
to issue guidelines to Federal, State, and local law
enforcement officials on how to identify noncompliance with
Federal laws that apply to cross-border trucking between the
United States and the United Mexican States. The Department
sent a response on January 20, 2012.
On December 14, 2011, the Subcommittee held a Member-only
classified briefing on current border security threats to the
Nation. Representatives from the Department of Homeland
Security, including the Office of Intelligence and Analysis and
Customs and Border Protection, were present to respond to
Member questions.
On January 5, 2012, representatives from Customs and Border
Protection (CBP) met with Committee staff to discuss the
Government Accountability Office report entitled ``Arizona
Border Surveillance Technology: More Information on Plans and
Costs is Needed before Proceeding'' [GAO-12-22].
Committee staff received a briefing on January 26, 2012, by
the U.S. Border Patrol on their Consequence Delivery System.
The Consequence Delivery System is the Border Patrol's new
system to send illegal Mexican immigrants back to Mexico.
On February 8, 2012, Committee staff met with
representatives from the Department of Homeland Security to
discuss the U.S. Border Patrol's new strategy to secure the
Southwest Border.
The Subcommittee held a field hearing in Phoenix, Arizona,
On May 21, 2012, entitled ``Stopping the Flow of Illicit Drugs
in Arizona by Leveraging State, Local, and Federal Information
Sharing.'' The Subcommittee received testimony from Mr. Matthew
C. Allen, Special Agent in Charge, Homeland Security
Investigations--Phoenix, U.S. Immigration and Customs
Enforcement, Department of Homeland Security; Mr. Douglas
Coleman, Special Agent in Charge, Drug Enforcement
Administration--Phoenix, Department of Justice; Brigadier
General Jose Salinas, Director, Joint Staff, Arizona Dept. of
Emergency and Military Affairs, Arizona National Guard; Lt.
Col. Jeffery Stanhope, Assistant Director, Criminal
Investigations, Arizona Department of Public Safety; Ms.
Elizabeth Kempshall, Executive Director, Arizona Region,
Southwest Border High Intensity Drug Trafficking Area; and Dr.
Jay F. Nunamaker, Jr., Director, BORDERS, The University of
Arizona.
MARITIME BORDERS
The U.S. Coast Guard (USCG) has been designated as the lead
agency for maritime security. However, within the Department of
Homeland Security other components share the responsibility of
securing the Nation's coastal waterways and maritime borders.
Working together in areas of joint authority, the USCG and the
U.S. Customs and Border Protection (CBP) deploy an array of air
and marine assets in the Nation's fight against the illegal
flow of drugs and illegal immigration. In addition, the USCG
and CBP routinely join forces with State and local law
enforcement agencies to form a multi-agency cooperative effort
designed to keep the Nation's coastal waterways and maritime
borders safe and secure.
Maritime security is crucial for the Nation's economic
well-being. Commerce is the lifeblood of our Nation's economy;
it moves in and out of our ports everyday, but it is both a
benefit and a vulnerability that those who seek to do us harm
could exploit. Cooperation, training, and collaboration must
take place and must be practiced among the multiple agencies
that have jurisdiction on our waterways well before an incident
takes place.
On June 24, 2011, Committee staff met with representatives
from the USCG regarding the National Security Cutters (NSC)
Program. At the meeting staff discussed the acquisition status
of the NSCs, current use of NSCs, and future location
information for NSCs.
The Subcommittee held a briefing on July 5, 2011, with
subject matter experts from the USCG and CBP Air and Marine.
The Subcommittee received a briefing from the USCG on July
5, 2011, on the voluntary standards for State and local law
enforcement for port security operations.
Committee staff met with the Government Accountability
Office on July 7, 2011, to discuss Interagency Operation
Centers and their Maritime Domain Awareness reports.
The Subcommittee met with representatives from the CBP, the
U.S. Immigration and Customs Enforcement (ICE), and the U.S.
Coast Guard on July 11, 2011, regarding the Maritime Operations
Coordination Plan. The staff discussed operational benefits and
challenges presented by the plan with the affected agencies.
On July 12, 2011, the Subcommittee held a hearing entitled
``Protecting the Maritime Borders--Leveraging Law Enforcement
Cooperation to Enhance Security Along America's Coasts.'' The
Subcommittee received testimony from Major General Michael C.
Kostelnik (Ret.), Assistant Commissioner, Office of Customs and
Border Protection Air and Marine, U.S. Customs and Border
Protection, Department of Homeland Security; Rear Admiral Paul
F. Zukunft, Assistant Commandant for Marine Safety, Security
and Stewardship, United States Coast Guard, Department of
Homeland Security; Sheriff Tim Donnellon, St. Clair County
Sheriff's Office, Michigan; and Sheriff Adrian Garcia, Harris
County Sheriff's Office, Texas.
Committee staff met with representatives from the Port of
Los Angeles and the Federal Law Enforcement Training Center on
August 3, 2011, to examine the Port Security Grant Program and
maritime security training.
On August 3, 2011, Committee staff met with representatives
from the USCG regarding security planning. The meeting
specifically focused on standardizing security planning and
training.
On August 11, 2011, Committee staff met with
representatives from the USCG on the various classification
societies. In the meeting the different societies were
discussed, as well as what benefits and limitations shippers
experience in the different societies.
On September 6, 2011, the Subcommittee staff met with
representatives from ICE regarding the National Initiative for
Illicit Trade Enforcement (NIITE). This was a new National
program which is a partnership with public, private, and
international organizations to prevent the exploitation of
international trade, travel, and financial systems through the
use of established relationships we have with the trade, law
enforcement, and intelligence communities. NIITE operations
have revolved primarily around the targeting of sea container
cargo.
VISA SECURITY
The 9/11 Commission Report included 41 specific
recommendations to better prevent, prepare for, and respond to
future terrorist attacks. These included recommendations on
targeting terrorist travel, completing biometric entry-exit
screening, and improving information sharing. The Commission
concluded that visa and immigration inspection failures
contributed to September 11, 2011, terrorist attacks. The
Commission stated that ``(t)here were opportunities for
intelligence and law enforcement to exploit al-Qaeda's travel
vulnerabilities.''
Committee staff met with representatives from the U.S.
Customs and Border Protection (CBP) on August 18, 2011, to
receive an update on visa security, including the CBP Targeting
and the Immigration Advisory Program program.
On August 29, 2011, the Subcommittee had a briefing from
U.S. Immigration and Customs Enforcement and the Department of
State regarding visa security and terror travel. Among other
things, the issues discussed included: The Student Exchange
Visitor Program, the Counterterrorism and Criminal Exploitation
Unit, and the Visa Security Program.
The Subcommittee received a briefing on August 30, 2011,
from the Government Accountability Office on visa security
products, including the different products available and their
benefits and limitations in the field.
On September 13, 2011, the Subcommittee held a hearing
entitled ``Ten Years after 9/11: Can Terrorists Still Exploit
our Visa System?'' The Subcommittee received testimony from
Mr.Thomas Winkowski, Assistant Commissioner, Office of Field
Operations, U.S. Customs and Border Protection, Department of
Homeland Security; Mr.Edward Ramotowski, Acting Deputy
Assistant Secretary, Bureau of Consular Affairs, U.S.
Department of State; Mr.John Cohen, Deputy Counterterrorism
Coordinator, Department of Homeland Security; Mr.Peter T. Edge,
Deputy Associate Director, Homeland Security Investigations,
Immigration and Customs Enforcement, Department of Homeland
Security; and Mr.Richard M. Stana, Director, Homeland Security
and Justice, Government Accountability Office.
The Subcommittee received a classified briefing on refugee
and special immigrant visa screening on September 15, 2011.
On October 25, 2011, Committee staff met with
representatives from the Department of Homeland Security to
discuss Enhanced Biographics, Counterterrorism Advisory Board/
Counterterror Coordinator Update, and the Enhanced Biographic
Exit project.
Representatives from Immigration and Customs Enforcement
met with Committee staff on September 15, 2011, to discuss
issues surrounding visa overstays in relation to the upcoming
hearing on the relation between terrorists and the visa
overstay problem.
On March 6, 2012, the Subcommittee held a hearing entitled
``From the 9/11 Hijackers to Amine el-Khalifi: Terrorists and
the Visa Overstay Problem.'' The Subcommittee received
testimony from Mr. John Cohen, Deputy Counterterrorism
Coordinator, Department of Homeland Security; Mr. Peter T.
Edge, Deputy Associate Director, Homeland Security
Investigations, Immigration and Customs Enforcement, Department
of Homeland Security; and Mr. David Donahue, Deputy Assistant
Secretary of State for Consular Affairs, U.S. Department of
State. The purpose of this hearing was to examine the efforts
of the Department of Homeland Security to secure the border by
addressing gaps in the visa system, particularly challenges in
identifying individuals who overstay their visas.
IMMIGRATION ENFORCEMENT
On June 17, 2011, the Director of U.S. Immigration and
Customs Enforcement released a memorandum regarding the
practice of ``prosecutorial discretion.'' The memo outlined an
expansive list of circumstances that could make an individual
eligible for delayed or deferred action, based upon
prosecutorial discretion. While the use of prosecutorial
discretion is not new, there is a significant difference
between its previous application and establishing a formal
process to systematically, on an on-going basis, block illegal
aliens from being placed in removal proceedings, stop already-
initiated removal proceedings, and end deportations for
potentially large numbers of criminal aliens. The memo also
listed several categories that mirror groups that would have
been eligible for relief under the DREAM Act, which failed to
pass in both Houses of Congress.
The Subcommittee held a hearing on October 4, 2011,
entitled ``Does Administrative Amnesty Harm our Efforts to Gain
and Maintain Operational Control of the Border?'' The
Subcommittee received testimony from Chief Michael J. Fisher,
Border Patrol, Customs and Border Protection, Department of
Homeland Security; Mr.Kumar C. Kibble, Deputy Director,
Immigration and Customs Enforcement, Department of Homeland
Security; and Ms.Ruth Ellen Wasem, Ph.D., Specialist in
Immigration Policy, Congressional Research Service. This
hearing examined U.S. Immigration and Customs Enforcement's
immigration enforcement priorities and whether they have an
impact on border security.
On August 31, 2011, the Committee staff met with
representatives from the Congressional Research Service on the
administrative amnesty. The meeting focused on trends in
immigration throughout the years as a result of the policies of
different Administrations.
Committee staff met with representatives from U.S. Customs
and Border Protection on September 26, 2011, to discuss the
Border Condition Index. The Border Condition Index is based on
the outcomes of border activity.
Committee staff met with representatives from ICE regarding
prosecutorial discretion on September 26, 2011. Staff discussed
the ICE memos released by the Director.
On September 30, 2011, Committee staff met with
representatives from U.S. Citizenship and Immigration Services
to discuss work authorization in regards to the ICE memos
published on prosecutorial discretion in the field.
Representatives from the Department of Homeland Security's
Office of the Inspector General briefed Committee staff on
February 8, 2012, on their recent report on CBP's management of
bonded facilities entitled ``CBP's Management Control of Bonded
Facilities.'' [OIG-12-25]
On February 10, 2012, Committee staff were briefed and
asked for input on ICE's Mass Migration Plan. In the event of a
mass immigrant migration, ICE is charged with housing and
processing immigrants.
LEVERAGING DOD TECHNOLOGY
In an era of diminishing budgets, the Department of
Homeland Security must look to the Department of Defense (DoD)
for existing technology that may have an application for
Homeland Security. Billions of taxpayer dollars have been spent
since the attacks of September 11, 2001, on DoD research and
development--that investment should also be used to secure the
Nation here at home. Defense technology has already been used
successfully in a handful of cases on both land and sea borders
of the United States. As the Nation draws down in Iraq and
Afghanistan, surveillance equipment used successfully in
theater may have surveillance applications to help Border
Patrol Agents gain and maintain operation control of the
border.
On June 6, 2011, Committee staff met with the Department of
Homeland Security's Science and Technology Directorate (S&T) on
strategic priorities and a general open discussion. Among the
issues discussed, the Subcommittee examined S&T activities
regarding border and maritime security, including explosives
detection and threat and risk assessments.
Committee staff met with representatives from the
Government Accountability Office (GAO) on June 20, 2011, to
receive an update on SBInet. Staff were briefed on the work GAO
has done regarding SBInet and U.S. Customs and Border
Protection's steps forward.
On October 18, 2011, Committee staff met with GAO regarding
various border technologies. During this meeting GAO discussed
post-SBInet technologies.
Committee staff met with representatives from the U.S.
Coast Guard (USCG) on November 2, 2011, regarding its
coordination with and use of existing DoD technology. In the
briefing, USCG discussed their process to obtain available DoD
technologies and specific examples of how this has proven
useful at a tactical level.
Committee staff met with representatives from the DoD for a
pre-hearing meeting regarding DHS's use of DoD technology.
During this meeting staff were able to discuss the November 8,
2011, hearing and examine DoD's position on the topic.
On November 9, 2011, Committee staff met with Mr.Borkowski,
Mr.Benda, and agency staff for a pre-hearing briefing to inform
Committee staff on the current situation regarding the use of
technologies.
The Subcommittee held a hearing on November 15,
2011,entitled ``Protecting the Homeland: How can DHS use DoD
Technology to Secure the Border?'' The Subcommittee received
testimony from Hon. Paul N. Stockton, Assistant Secretary of
Defense for Homeland Defense and Americas' Security Affairs,
Office of Undersecretary of Defense for Policy, Department of
Defense; Mr.Mark Borkowski, Assistant Commissioner, Office of
Technology Innovation and Acquisition, Border Patrol, U.S.
Customs and Border Protection, Department of Homeland Security;
Dr. Adam Cox, Acting Deputy Director, Homeland Security
Advanced Research Projects Agency, Department of Homeland
Security; and Mr.Michael Tangora, Deputy Assistant Commandant
and Director of Acquisition Services, United States Coast
Guard, Department of Homeland Security.
On May 4, 2012, Committee staff met with representatives
from CBP regarding Utilization of Retrograded DoD Equipment.
This is a CBP effort led by the Office of Technology Innovation
and Acquisition (OTIA).
BORDER SECURITY THREAT
On June 1, 2011, Committee staff met with representatives
from the Department of Homeland Security for a Northern Border
Strategy brief. The briefing provided a confidential briefing
on the major themes of the Northern Border Strategy as well as
the President's Beyond the Border program for North American
perimeter security and travel/trade facilitation.
Committee staff held a conference call with the New York
State Division of Criminal Justice Services on June 23, 2011,
for a Northern Border Brief. The call familiarized staff with
the work of the Franklin County District Attorney's Drug Task
Force; smuggling and human trafficking concerns regarding
Native American reservations; and the Division of Criminal
Justice Services Homeland Security grant initiative to use
License Plate Reader technology to track illegal activity in
the area.
On July 8, 2011, the Subcommittee hosted a Member-only
classified briefing. The briefing provided an assessment of
current border security threats to the Nation. Members were
briefed by representatives from DHS, including the Office of
Intelligence and Analysis and U.S. Customs and Border
Protection (CBP).
The Subcommittee met with representatives from US-VISIT
regarding biometrics on July 15, 2011. Subject matter experts
from US-VISIT provided staff with a briefing focusing on the
use of biometrics.
On September 26, 2011, Committee staff met with
representatives from CBP regarding their Border Condition
Index. CBP provided an overview of the Index and answer
questions from Committee staff.
SITE VISIT
The Subcommittee conducted a site visit on May 1, 2012, to
view the World Trade International Bridge in Laredo, Texas.
That same day, the Subcommittee also conducted a site visit
and participated in a survey along the Rio Grande to examine
methods of illegal entry into the United States. The survey was
conducted by the U.S. Border Patrol, and included personnel
from the Texas Department of Public Safety and U.S. Coast Guard
boat units.
TRUSTED TRAVELER
On May 30, 2012, the Chair and Ranking Members of the
Subcommittee on Oversight, Investigations and Management and
the Subcommittee on Border and Maritime Security sent a letter
to the GAO requesting a review of the Department's Trusted
Traveler programs to include the extent to which these programs
have improved the facilitation of commerce and trade across
U.S. borders, their impact on security, the effectiveness of
the application process, and how the Department measures the
programs' performance.
----------
Subcommittee Hearings Held
``Securing Our Borders--Operational Control and the Path
Forward.'' February 15, 2011. (Serial No. 111-4)
``Strengthening the Border--Finding the Right Mix of Personnel,
Infrastructure and Technology.'' March 15, 2011.
(Serial No. 112-10)
``Using Resources Effectively to Secure Our Border at Ports of
Entry--Stopping the Illicit Flow of Money, Guns, and
Drugs.'' April 15, 2011. (Serial No. 112-15)
``Border Security and Enforcement _ Department of Homeland
Security's Cooperation with State and Local Law
Enforcement Stakeholders.'' May 3, 2011. (Serial No.
112-20)
``Securing the Nation's Ports and Maritime Border--A Review of
the Coast Guard Post 9/11 Homeland Security Mission.''
June 14, 2011 (Serial No. 112-30)
``Protecting the Maritime Borders--Leveraging Law Enforcement
Cooperation to Enhance Security Along America's
Coasts.'' July 12, 2011 (Serial No. 112-37)
``Ten Years after 9/11: Can Terrorists Still Exploit our Visa
System?'' September 13, 2011. (Serial No. 112-43)
``Does Administrative Amnesty Harm Our Efforts to Gain and
Maintain Operational Control of the Border?'' October
4, 2011. (Serial No. 112-47)
``Protecting the Homeland: How Can DHS Use DoD Technology to
Secure the Border?'' November 15, 2011. (Serial No.
112-56)
``Balancing Maritime Security and Trade Facilitation:
Protecting our Ports, Increasing Commerce and Securing
the Supply Chain--Part I.'' February 7, 2012. (Serial
No. 112-67)
``From the 9/11 Hijackers to Amine el-Khalifi: Terrorists and
the Visa Overstay Problem.'' March 6, 2012. (Serial No.
112-75)
``Boots on the Ground or Eyes in the Sky: How Best to Utilize
the National Guard to Achieve Operational Control.''
April 17, 2012. (Serial No. 112-85)
``Using Technology To Facilitate Trade and Enhance Security at
Our Ports of Entry.'' May 1, 2012. (Laredo, Texas)
(Serial No. 112-90)
``Measuring Border Security: U.S. Border Patrol's New Strategic
Plan and the Path Forward.'' May 8, 2012. (Serial No.
112-91)
``Stopping the Flow of Illicit Drugs in Arizona by Leveraging
State, Local, and Federal Information Sharing.'' May
21, 2012. (Phoenix, Arizona) (Serial No. 112-97)
Subcommittee on Counterterrorism and Intelligence
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia,
Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex
Officio) Brian Higgins, New York
Loretta Sanchez, California
Kathleen C. Hochul, New York
Janice Hahn, California
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
----------
From January 2011 through the end of May 2012, the
Subcommittee on Counterterrorism and Intelligence held 15
hearings, receiving testimony from 54 witnesses, and considered
two measures.
----------
Legislative Activities of the Subcommittee
WMD INTELLIGENCE AND INFORMATION SHARING ACT OF 2011
H.R.2764
To amend the Homeland Security Act of 2002 to establish weapons
of mass destruction intelligence and information sharing
functions of the Office of Intelligence and Analysis of the
Department of Homeland Security and to require dissemination of
information analyzed by the Department to entities with
responsibilities relating to homeland security, and for other
purposes.
Summary
This legislation requires the Department of Homeland
Security's Office of Intelligence and Analysis to support the
analysis and dissemination of information regarding threats
involving chemical, biological, radiological, and nuclear
weapons throughout the Department and among other Federal,
State, local, and private sector partners.
Legislative History
H.R.2764 was introduced in the House on August 1, 2011, by
Mr.Meehan, Ms.Speier, Mr.Pascrell, Mr.Marino, Mr.King of New
York, and Mr.Rogers of Alabama, and referred to the Committee
on Homeland Security. Within the Committee, H.R.2764 was
referred to the Subcommittee on Counterterrorism and
Intelligence.
The Subcommittee on Counterterrorism and Intelligence
considered H.R.2764 on November 15, 2011, and ordered the
measure to reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Full Committee considered H.R. 2764 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
The Committee reported H.R. 2764 to the House on May 8,
2012, as H. Rpt. 112-466.
The House considered H.R. 2764 on May 30, 2012, under
Suspension of the Rules, and passed the measure by voice vote.
MASS TRANSIT INTELLIGENCE PRIORITIZATION ACT
H.R.3140
To amend the Homeland Security Act of 2002 to direct the
Secretary of Homeland Security to prioritize the assignment of
officers and analysts to certain State and urban area fusion
centers to enhance the security of mass transit systems.
Summary
This legislation requires the Secretary of Homeland
Security to prioritize the assignment of officers and analysts
to participate in State and local fusion centers in
jurisdictions with mass transit systems. These officers and
analysts will be responsible for the creation of mass transit
intelligence products to assist in the effective protection of
mass transit systems and promote consistent and timely
distribution of mass transit information, relevant to security,
among these jurisdictions.
Legislative History
H.R.3140 was introduced in the House on October 6, 2011, by
Ms.Speier and Mr.Meehan, and referred to the Committee on
Homeland Security. Within the Committee, H.R.3140 was referred
to the Subcommittee on Counterterrorism and Intelligence.
The Subcommittee on Counterterrorism and Intelligence
considered H.R.3140 on November 15, 2011, and ordered the
measure reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Full Committee considered H.R. 3140 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
without amendment, by voice vote.
The Committee reported H.R. 3140 to the House on May 8,
2012, as H. Rpt. 112-467.
The House considered H.R. 3140 on May 30, 2012, under
Suspension of the Rules, and passed the measure by voice vote.
----------
Oversight Activities of the Subcommittee
THREAT FROM AL-QAEDA TO THE U.S. HOMELAND
The Subcommittee has made significant efforts to examine
the evolving threat from al-Qaeda and its various franchises
throughout the world.
The Committee staff held multiple meetings with and
briefings by stakeholders, including the Department of Homeland
Security, experts from the Center for Strategic and
International Studies, the Rand Corporation, and experts on al-
Qaeda from academia and retired intelligence operatives.
On February 15, 2011, the Subcommittee received a
classified Member-only briefing by the Deputy Assistant
Secretary of Defense, Special Operations and Combating
Terrorism, the Defense Intelligence Agency (DIA); the Deputy
Director for Special Operations, J3, The Joint Staff; a Senior
Intelligence Analyst, Middle East Branch of the Joint
Intelligence Task Force on Counterterrorism; a Republic of
Yemen Analyst, Middle East Branch of the Joint Intelligence
Task Force on Counterterrorism; a Senior Intelligence Officer,
Middle East and North Africa Branch, the Defense Intelligence
Agency (DIA), Directorate of Intelligence; and a Yemen Analyst,
Middle East and North Africa Analysis branch of the DIA
Directorate of Intelligence, on the threat from al-Qaeda in the
Arabian Peninsula.
On April 27, 2011, Committee staff conducted a site visit
to the United States Military Academy at West Point, and met
with representatives from the Combating Terrorism Center at
West Point and West Point cadets.
Committee staff also conducted an in-depth examination of
the various terrorism threats and U.S. counterterrorism policy.
On March 2, 2011, the Subcommittee held a hearing entitled
``Terrorist Threat to the U.S. Homeland-al-Qaeda in the Arabian
Peninsula (AQAP).'' The Subcommittee received testimony from
Dr. Jarret Brachman, Managing Director, Cronus Global; Dr.
Christopher Boucek, Associate, Carnegie Endowment for
International Peace; and Mr.Barak Barfi, Research Fellow, New
America Foundation. The Subcommittee hearing was followed by a
classified Member-only briefing from the National
Counterterrorism Center, the Department of Homeland Security,
and the Federal Bureau of Investigation.
RECENT UNREST IN NORTH AFRICA AND THE MIDDLE EAST: THE IMPLICATIONS FOR
U.S. HOMELAND SECURITY
Committee staff attended multiple briefings from noted
experts on policy implications regarding the uprisings across
North Africa and the Middle East. These insurgencies occurred
against established authoritarian regimes in Spring 2011,
creating an event referred to as the Arab Spring. Committee
staff investigated the potential policy and security
ramifications for the United States as a result of the
uprisings. Specific topics included the importation of liquid
natural gas from the Republic of Yemen and common areas of
interest in counterterrorism and security between the United
States and Saudi Arabia.
On April 6, 2011, the Subcommittee held a hearing entitled
``Unrest in the Middle East and North Africa: Ramifications for
U.S. Homeland Security.'' The Subcommittee received testimony
from Mr.Philip Mudd, Senior Research Fellow, New America
Foundation; Mr.Thomas Joscelyn, Senior Fellow and Executive
Director, Center for Law and Counter Terrorism, Foundation for
the Defense of Democracies; Mr.Rick ``Ozzie'' Nelson, Director
and Senior Fellow, Homeland Security and Counterterrorism
Program, Center for Strategic and International Studies; and
Mr.Brian Katulis, Senior Fellow, Center for American Progress.
DEPARTMENT OF HOMELAND SECURITY'S INTELLIGENCE AND ANALYSIS DIRECTORATE
As part of its oversight, Committee staff met with
officials from a number of offices and agencies within the
Department of Homeland Security (DHS), including the Office of
Intelligence and Analysis (I&A), the Office of the Assistant
Secretary for Policy, the Federal Emergency Management Agency
(FEMA), the Office of Operations Coordination and Planning, the
DHS Counter Intelligence mission and the Fusion Center program
office, DHS I&A Hiring Authorities, the U.S. Customs and Border
Protection (CBP) Office of Intelligence and Investigative
Liaison, the Immigration and Customs Enforcement (ICE) Homeland
Security Investigations Intelligence Office (HIS-Intel), the
DHS Science and Technology Directorate, the DHS Open Source
Enterprise, and programs within the U.S. Secret Service.
On January 24, 2011, the Committee conducted a Member site
visit to the National Counterterrorism Center (NCTC) to educate
Members on the NCTC and receive a threat briefing from the NCTC
Director. The NCTC was established in August 2004 by Executive
Order 13354, and codified by the Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub.L. 108-458). The NCTC
serves as the primary organization within the United States
Government for integrating and analyzing all terrorism-related
intelligence that has a foreign nexus. The Subcommittee Chair
also conducted meetings with the Federal Bureau of
Investigation, both in Washington, DC and in Pennsylvania, as
well as DHS Under Secretary for Intelligence and Analysis.
Committee staff attended security conferences including the
National Fusion Center Conference held in March 2011 in Denver,
Colorado, and the Aspen Security Forum held July 27 through 30,
2011 in Aspen, Colorado. In addition, Committee staff traveled
to New York City, New York for security briefings by the New
York City Police Department and the New York State Intelligence
Center.
On June 1, 2011, the Subcommittee held a hearing entitled
``The DHS Intelligence Enterprise--Past, Present, and Future.''
The Subcommittee received testimony from Hon. Caryn Wagner,
Under Secretary for the Office of Intelligence and Analysis,
Department of Homeland Security; Rear Admiral Thomas Atkin,
Assistant Commandant for Intelligence and Criminal
Investigation, U.S. Coast Guard; Mr.Daniel Johnson, Assistant
Administrator for Intelligence, Transportation Security
Administration; Mr.James Chaparro, Assistant Director for
Intelligence, U.S. Immigration and Customs Enforcement; and
Ms.Susan Mitchell, Deputy Assistant Commissioner, Office of
Intelligence and Operations Coordination, U.S. Customs and
Border Protection.
On November 15, 2011, the Subcommittee Chair sent a letter
to the Commissioner of CBP urging an investigation into the
conduct of CBP Officers at the Philadelphia International
Airport.
DOMESTIC RADICALIZATION
The Subcommittee aided the Full Committee in its efforts to
examine domestic radicalization, violent extremism, and threat
mitigation. Committee staff held over 15 meetings with domestic
and international experts and academics. The meetings focused
on discussing the current threat of homegrown terrorism and
violent extremism within the United States and what measures
can be taken to address this problem. Briefers included
representatives of the Ahmaddiyya Group, the World Organization
for Resource Development and Education, the Anti-Defamation
League, a former United States attorney with expertise in this
area, representatives from Johns Hopkins University,
representatives from the New York Department of Corrections,
and representatives from the U.S. Bureau of Prisons, among
others.
On April 14, 2011, the Minority initiated a classified
Member briefing from the Department of Homeland Security and
the Federal Bureau of Investigation on the issue of domestic
radicalization.
Committee staff, in conjunction with staff from the Senate
Committee on Homeland Security and Governmental Affairs,
attended multiple conferences and conducted site visits to the
U.S. Coast Guard's Intelligence Coordination Center.
On February 28, 2012, the Subcommittee held a hearing
entitled ``Federal Government Intelligence Sharing with State,
Local, and Tribal Law Enforcement: An Assessment Ten Years
After 9/11.'' The Subcommittee received testimony from Hon.
Scott McAllister, Deputy Under Secretary, State and Local
Program Office, Office of Intelligence and Analysis, Department
of Homeland Security; Hon. Louis F. Quijas, Assistant
Secretary, Office for State and Local Law Enforcement,
Department of Homeland Security; Mr. Eric Velez-Villar,
Assistant Director, Federal Bureau of Investigation, Department
of Justice; and Ms. Maurita Bryant, National First Vice
President, National Organization of Black Law Enforcement
Executives.
THREAT TO THE U.S. HOMELAND FROM SOUTH ASIA
The Subcommittee examined events in South Asia as they
relate to the United States, and in particular, monitored
events in the Islamic Republic of Pakistan, including the
killing of Osama bin Laden. Committee staff met with
representatives of the Council on Foreign Relations, the New
America Foundation, the RAND Corporation and the Carnegie
Endowment for International Peace to better understand the
complex social and political environment in South Asia.
Committee staff were briefed by multiple experts with personal
experiences in Pakistan, Afghanistan, and India regarding
conditions on the ground in these critical areas and
implications for counterterrorism policy and intelligence
gathering.
The Subcommittee Chair consulted with representatives from
the Embassy of the Islamic Republic of Pakistan on May 2, 2011,
regarding the situation within Pakistan and the killing of al-
Qaeda leader Osama bin Laden.
The Subcommittee held a hearing on May 3, 2011, entitled
``The Threat to the U.S. Homeland Emanating from Pakistan.''
The Subcommittee received testimony from Dr. Frederick Kagan,
Resident Scholar and Director, American Enterprise Institute
Critical Threats Project; Dr. Seth Jones, Senior Political
Scientist, The RAND Corporation; Mr.Stephen Tankel, Visiting
Fellow, South Asia Program, The Carnegie Endowment for
International Peace; and Mr.Shuja Nawaz, Director, South Asia
Center, The Atlantic Council. The hearing focused on the recent
successful action against Osama bin Laden by the U.S. Special
Forces in Pakistan, Pakistan's support to the War on Terror,
and the plethora of terrorist organizations based in Pakistan.
On November 8, 2011 Committee staff were briefed by a
French Magistrate for his work investigating Sajid Mir, a key
figure in the 2008 Mumbai attacks.
STRATEGIC PARTNERSHIPS
The Subcommittee made efforts to foster relationships with
counterpart bodies in different countries and regions around
the world. Members and Committee staff held meetings to include
the representatives from the governments of both the United
Kingdom of Great Britain and Northern Ireland and the State of
Israel.
On February 16, 2011, the Subcommittee Chair met with the
Ambassador of Hashemite Kingdom of Jordan and other embassy
representatives to discuss counterterrorism, intelligence
issues, and US-Jordanian bilateral relations.
The Subcommittee Chair addressed Members of the World
Affairs Council on April 15, 2011, on the issues of
counterterrorism and intelligence.
On July 16, 2011, Committee staff participated in a staff
delegation to London, England, where they met with
representatives from the British Home Office and the
Association of Chief Police Officers. Staff examined the United
Kingdom's ``Prevent'' strategy and security for the 2012 London
Summer Olympic Games.
TERROR FINANCE
The Subcommittee examined issues surrounding terror
financing. Committee staff received a briefing from Financial
Crimes Enforcement Network (FinCEN) officials on Mexican drug
cartels. Additionally, Committee staff met with the Federal
Bureau of Investigation's Terrorist Financing Operations
Section, the Drug Enforcement Agency's Special Operations
Division, and the former Ambassador to the Organization of
American States to discuss Latin American drug trafficking
organizations and their connections with international terror
networks.
On April 7, 2011, the Subcommittee Chair sent letters to
the Secretary of State and the Attorney General of the United
States requesting their personal involvement to secure drug
kingpin Walid Makled's extradition to the United States.
Committee staff received a briefing from the Cyber Division
and National Cyber Forensics and Training Alliance, of the
Federal Bureau of Investigation on May 9, 2011. The Committee
received a letter responses from the Department of Justice on
July 18, 2011; and from the Department of State on August 25,
2011.
On May 18, 2012, the Subcommittee held a hearing entitled
``Terrorist Financing Since 9/11: Assessing an Evolving al-
Qaeda and State Sponsors of Terrorism.'' The Subcommittee
received testimony from Dr. Jonathan Schanzer, Vice President
of Research, Foundation for Defense of Democracies; Mr. John
Cassara, Private Citizen; Mr. Dennis Lormel, President and CEO,
DML Associates, LLC; and Hon. Sue Eckert, Senior Fellow, Watson
Institute for International Studies, Brown University.
WEAPONS OF MASS DESTRUCTION
On December 13, 2011, Committee staff received a briefing
from representatives from the Central Intelligence Agency to
discuss possible chemical weapons in Syria.
On January 5, 2011, Committee staff visited the Defense
Threat Reduction Agency and received a briefing on the Agency's
Strategic Command Center. Topics of discussion included:
Cooperative threat reduction and international engagement;
planning, readiness, and operational support; research and
development; and integration of technology with tactics,
techniques, and procedures to work across the interagency
process on the key weapons of mass destruction (WMD) issues of
nonproliferation, counter proliferation, and consequence
management.
Additionally, on March 11, 2011, Committee staff met with
representatives from the Federal Bureau of Investigation (FBI)
on the FBI's Weapons of Mass Destruction Program.
On May 13, 2011, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies, the
Subcommittee on Counterterrorism and Intelligence, and the
Subcommittee on Emergency Preparedness, Response, and
Communications received a classified Member-only briefing by
representatives from the National Counterterrorism Center and
the National Counter-proliferation Center, both of the Office
of the Director of National Intelligence, on the threat from
four categories of WMDs that terrorists may seek to acquire and
use in a WMD terrorist attack--chemical, biological,
radiological, and nuclear.
The Subcommittee considered H.R. 2764, legislation
requiring the Department of Homeland Security to suport the
analysis and dissemination of information regarding threats
involving chemical, biological, radiological, and nuclear
weapons thorughout the Department and among stakeholders. For
further information see H.R. 2764, discussed above.
HEZBOLLAH IN LATIN AMERICA
On May 31, 2011, Committee staff met with Ambassador Roger
Noriega, Visiting Fellow with the American Enterprise Institute
and former U.S. Ambassador to the Organization of American
States. The meeting focused on Hezbollah's activity in Latin
America.
Committee staff held a meeting with the president of IBI
Consultants and Senior Fellow at the International Assessment
and Strategy Center, on June 1, 2011, to discuss Hezbollah in
Latin America.
On June 10, 2011, Committee staff held a meeting with the
Senior Fellow and Director of The Washington Institute's Stein
Program on Counterterrorism and Intelligence, and professorial
lecturer in international relations and strategic studies at
Johns Hopkins University's Paul H. Nitze School of Advanced
International Studies (SAIS). The meeting focused on
Hezbollah's activity in Latin America.
The Subcommittee held a hearing on July 7, 2011, entitled
``Hezbollah in Latin America--Implications for U.S. Homeland
Security.'' The Subcommittee received testimony from Hon. Roger
F. Noriega, Visiting Fellow, The American Enterprise Institute;
Mr.Douglas Farah, Senior Fellow, The International Assessment
and Strategy Center; Mr.Ilan Berman, Vice President, American
Foreign Policy Council; and Dr. Melani Cammett, Director,
Middle East Studies Program, Brown University.
On September 13, 2011, the Members of the Subcommittee
received a Classified briefing to further respond to Member
concerns. Representatives from the Drug Enforcement
Administration and the Department of State were present.
The Subcommittee Members received a classified briefing on
April 17, 2012, by representatives from the Department of
Defense's U.S. Southern Command (SOUTHCOM).
UNITED STATES SECRET SERVICE
On September 14, 2011, the Subcommittee held a hearing
entitled ``United States Secret Service: Examining Protective
and Investigative Missions and Challenges in 2012.'' The
Subcommittee received testimony from Mr.Mark Sullivan,
Director, United States Secret Service (USSS).
Committee staff held a meeting with representatives from
the USSS on April 7, 2011, to discuss the FY2012 Budget Request
submission. The briefing covers various issues including the
protection of persons and facilities; various National Special
Security Events (NSSE); Presidential candidate nominee
protection for the 2012 election cycle; domestic field
operations and headquarters; and management and administration.
On May 19, 2011, Committee staff attended a site visit to the
USSS Headquarters in Washington, DC.
On February 16, 2012, Subcommittee staff received a
briefing on the fiscal year 2013 budget allocation for the
USSS.
On April 19, 2012, the Committee Chair initiated an
investigation into an alleged incident involving United States
Secret Service's personnel and foreign nationals in Cartagena,
Colombia. The investigation is on-going.
The Chair of the Full Committee sent a letter to the
Director of the Secret Service on April 20, 2012, with
questions relating to the alleged incident in Cartagena,
Colombia. On May 1, 2012, the Committee received a response
letter from the USSS.
On May 4, 2012, Committee staff received a briefing from
multiple representatives from the USSS and the Department of
Homeland Security to provide additional information in response
to the April 20 letter.
The Chair of the Full Committee sent a letter to the
Secretary of State on May 15, 2012, requesting that three State
Department personnel on the ground in Colombia would be made
available to the Committee for its investigation.
TERRORIST TRAVEL AND INTELLIGENCE SHARING
On October 5, 2011, the Subcommittee held a hearing
entitled ``Intelligence Sharing and Terrorist Travel: How DHS
Addresses the Mission of Providing Security, Facilitating
Commerce and Protecting Privacy for Passengers Engaged in
International Travel.'' The Subcommittee received testimony
from Hon. David Heyman, Assistant Secretary for Policy,
Department of Homeland Security; Ms.Mary Ellen Callahan, Chief
Privacy Officer, Department of Homeland Security; and Mr.Thomas
Bush, Executive Director of Automation and Targeting, Office of
Intelligence and Investigative Liaison, Customs and Border
Protection, Department of Homeland Security.
The Subcommittee Chair sent a letter to the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation (FBI), and the Director of National Intelligence
(DNI), on May 13, 2011, to inquire about their roles in the
analysis and appropriate distribution and response to the cache
of information that was collected from Osama bin Laden's
compound. The DNI responded on June 27, 20011; the FBI on July
21, 2011; and the Department of Homeland Security on September
6, 2011.
Additionally, the Subcommittee considered H.R. 3140,
legislation to address these concerns. See H.R. 3140, discussed
above.
IRANIAN THREAT TO THE U.S. HOMELAND
Following the arrest of Manssor Arbabsiar for his alleged
role in a plot to assassinate the Ambassador to the United
States from the Kingdom of Saudi Arabia, the Subcommittee
worked to understand the nature of the threat from Iranian
State-sponsored terrorism in the United States. Committee staff
received briefings from various think tanks.
On October 26, 2011, the Subcommittee on Counterterrorism
and Intelligence and the Subcommittee on Oversight,
Investigations, and Management held a joint hearing entitled
``Iranian Terror Operations on American Soil.'' The
Subcommittees received testimony from General Jack Keane (Ret.
U.S. Army), Private Citizen; Mr.Reuel Marc Gerecht, Senior
Fellow, Foundation for Defense of Democracies; Dr. Matt Levitt,
Director, Stein Program on Counterterrorism and Intelligence,
The Washington Institute for Near East Policy; Dr. Lawrence
Korb, Senior Fellow, Center For American Progress Action Fund;
and Colonel Timothy J. Geraghty (Ret. U.S. Marine Corps),
Private Citizen.
The Subcommittee Chair received a classified briefing from
the Central Intelligence Agency on the Iranian plot to
assassinate the Saudi Arabian Ambassador to the United States
on October 27, 2011.
On April 26, 2012 the Subcommittee on Counterterrorism and
Intelligence and the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
joint hearing entitled ``Iranian Cyber Threat to the U.S.
Homeland.'' The Subcommittees received testimony from Mr. Frank
J. Cilluffo, Associate Vice President and Director, Homeland
Security Policy Institute, The George Washington University;
Mr. Ilan Berman, Vice President, American Foreign Policy
Council; and Mr. Roger Caslow, Executive Cyberconsultant, Suss
Consulting.
BOKO HARAM
The Subcommittee has continued to monitor the changing
threat landscape for emerging dangers to the U.S. homeland.
After a bombing of a United Nations building in Abuja, Nigeria,
and increased international attention, Committee staff began
studying Boko Haram, a Nigerian militant group with suspected
ties to al-Qaeda. Committee staff were briefed by
representatives from the Council on Foreign Relations, the
Congressional Research Service, and the Sahel Blog. Committee
staff also received a classified briefing from the National
Counterterrorism Center.
On September 13, 2011, the Subcommittee Chair and Ranking
Member sent a letter to the Secretary of State to urge the
Department of State's Office of the Coordination for
Counterterrorism to initiate an investigation and compile an
administrative record in order to determine whether Nigerian
Islamist sect Boko Haram should be designated a Foreign
Terrorist Organization (FTO). The Committee received a response
on September 18, 2011.
Committee staff attended a briefing organized by the House
Committee on Foreign Affairs on Boko Haram on September 27,
2011. Briefers included representatives from the various think
tanks and policy experts.
On November 30, 2011, the Subcommittee held a hearing
entitled ``Boko Haram--Emerging Threat to the U.S. Homeland.''
The Subcommittee received testimony from Dr. J. Peter Pham,
Director, Michael S.Ansari Africa Center, Atlantic Council of
the U.S.; Ms.Lauren Ploch, Africa Analyst, Congressional
Research Service; Dr. Ricardo Laremont, Professor of Political
Science and Sociology, Binghamton University, State University
of New York; and Ms.Jennifer G. Cooke, Director, Africa
Program, Center for Strategic and International Studies.
Also on November 30, 2011, the Subcommittee released a
report entitled ``Boko Haram--Emerging Threat to the U.S.
Homeland,'' which summarized their extensive study of the
organization's history and current activity.
The Chair of the Subcommittee spoke before the Heritage
Foundation on March 6, 2012, on the emerging threat from Boko
Haram.
On March 30, 2012, the Full Committee and Subcommittee
Chairs sent a letter to the Secretary of State urging the
designation of Boko Haram as a Foreign Terrorist Organization.
The Chairs of the Full Committee and the Subcommittee sent
an additional letter to the Secretary of State regarding Boko
Haram on May 18, 2012. The Chairs of the Full Committee and the
Subcommittee expressed their concern that the Department of
State has yet to take any action regarding the designation of
Boko Haram as a Foreign Terrorist Organization.
ON-LINE TERRORIST OPERATIONS
The Subcommittee examined the issue of terrorist operatives
and sympathizers using the internet as a tool to promote their
ideology and communicate with one another. Committee staff
received briefings from several experts, including
representatives from the Federal Bureau of Investigation, the
Department of State's Center for Strategic Counterterrorism
Communications, the Center for Naval Analyses, the National
Defense University, and other policy experts.
On December 6, 2011, the Subcommittee held a hearing
entitled ``Jihadist Use of Social Media--How to Prevent
Terrorism and Preserve Innovation.'' The Subcommittee received
testimony from Mr.William McCants, Analyst, Center for Naval
Analyses; Mr.Andrew Aaron Weisburd, Director, Society for
Internet Research; and Mr.Brian Michael Jenkins, Senior Advisor
to the RAND President, RAND Corporation.
SOCIAL MEDIA
On February 15, 2012, the Members of the Subcommittee
received a classified briefing on the efforts by the Department
of Homeland Security's Office of Intelligence and Analysis to
collect intelligence via social media in order to enhance
situational awareness to help deter, detect, and prevent terror
attacks, and to manage natural disasters and other domestic
incidents. Representatives from the Department of Homeland
Security responded to Member questions.
The Subcommittee held a hearing on February 16, 2012,
entitled ``DHS Monitoring of Social Networking and Media:
Enhancing Intelligence Gathering and Ensuring Privacy.'' The
Subcommittee received testimony from Ms. Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security; and Mr.
Richard Chavez, Director, Office of Operations Coordinating and
Planning, Department of Homeland Security.
TERRORIST THREAT TO ENERGY SECURITY
In response to planned closure of oil refineries in the
northeastern United States, the Subcommittee held a field
hearing in Aston, Pennsylvania, on March 19, 2012, entitled
``The Implications of Refinery Closures for U.S. Homeland
Security and Critical Infrastructure Safety.'' The Subcommittee
received testimony from Dr. Howard Gruenspecht, Acting
Administrator, Energy Information Administration, Department of
Energy; Mr. Brandon Wales, Director, Homeland Infrastructure
Threat and Risk Analysis Center, Department of Homeland
Security; Mr. Charles Drevna, President, American Fuel and
Petrochemical Manufactures; and Mr. Robert ``Bob'' Greco, Group
Director, Downstream and Industry Operations, American
Petroleum Institute.
----------
Subcommittee Hearings Held
``Terrorist Threat to the U.S. Homeland--Al-Qaeda in the
Arabian Peninsula (AQAP).'' March 2, 2011. (Serial No.
112-5)
``Unrest in the Middle East and North Africa: Ramifications for
U.S. Homeland Security.'' April 6, 2011. (Serial No.
112-16)
``The Threat to the U.S. Homeland Emanating from Pakistan.''
May 3, 2011. (Serial No. 112-21)
``The DHS Intelligence Enterprise--Past, Present, and Future.''
June 1, 2011. (Serial No. 112-27)
``Hezbollah in Latin America--Implications for U.S. Homeland
Security.'' July 7, 2011. (Serial No. 112-35)
``United States Secret Service: Examining Protective and
Investigative Missions and Challenges in 2012.''
September 14 2011. (Serial No. 112-44)
``Intelligence Sharing and Terrorist Travel: How DHS Addresses
the Mission of Providing Security, Facilitating
Commerce and Protecting Privacy for Passengers Engaged
in International Travel.''October 5, 2011. (Serial No.
112-49)
``Iranian Terror Operation on American Soil.'' Joint with the
Subcommittee on Oversight, Investigations, and
Management, October 26, 2011. (Serial No. 112-54)
``Boko Haram--Emerging Threat to the U.S. Homeland.'' November
30, 2011. (Serial No. 112-60)
``Jihadist Use of Social Media--How to Prevent Terrorism and
Preserve Innovation.'' December 6, 2011. (Serial No.
112-62)
``DHS Monitoring of Social Networking and Media: Enhancing
Intelligence Gathering and Ensuring Privacy.'' February
16, 2012. (Serial No. 112-70)
``Federal Government Intelligence Sharing with State, Local and
Tribal Law Enforcement: An Assessment Ten Years After
9/11.'' February 28, 2012. (Serial No. 112-72)
``The Implications of Refinery Closures for U.S. Homeland
Security and Critical Infrastructure Safety.'' (Aston,
Pennsylvania) March 19, 2012.(Serial No. 112-78)
``Iranian Cyber Threat to the U.S. Homeland.'' Joint with the
Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies. April 26, 2012.
(Serial No. 112-89)
``Terrorist Financing Since 9/11: Assessing an Evolving al-
Qaeda and State Sponsors of Terrorism.'' May 18, 2012.
(Serial No. 112-96)
Committee on Homeland Security Oversight Plan for the 112th Congress
Rule X. Clause 2(d) of the Rules of the House of
Representatives for the 112th Congress requires each standing
Committee in the first session of a Congress to adopt an
oversight plan for the two- year period of the Congress and to
submit the plan to the Committee on Oversight and Government
Reform and the Committee on House Administration.
Rule XI, clause 1(2)(d)(1) requires each Committee to
submit to the House of Representatives not later than January
2, of each odd-numbered year, a report on the activities of
that committee under Rule X and Rule XI during the Congress
ending on January 3 of such year. Clause 1(2)(d)(3) of Rule XI
also requires that such report include a summary of the action
taken and recommendations made with respect to each such plan;
and a summary of any additional oversight activities undertaken
by the Committee, and any recommendations made or actions taken
thereon.
Part A of this section contains the Committee on Homeland
Security Oversight Plan for the 112th Congress which the Full
Committee considered and adopted by unanimous consent on
January 26, 2011, a quorum being present.
Part B of this section contains a summary of the actions
taken by the Committee on Homeland Security to implement the
Oversight Plan for the 112th Congress and the recommendations
made with respect to this plan. Part B also contains a summary
of the additional oversight activities undertaken by the
Committee, and the recommendations made or actions taken
thereon.
PART A--COMMITTEE ON HOMELAND SECURITY OVERSIGHT PLAN
Clause 2(d) of Rule X of the Rules of the House of
Representatives for the 112th Congress requires each standing
Committee to adopt an oversight plan for the two-year period of
the Congress and to submit the plan to the Committees on
Oversight and Government Reform and House Administration not
later than February 15th of the first session of the Congress.
This is the oversight plan for the Committee on Homeland
Security for the 112th Congress. It includes the areas in which
the Committee expects to conduct oversight during the 112th
Congress, but does not preclude oversight or investigation of
additional matters as the need arises.
In the 112th Congress, the Full Committee will examine
terrorist threats against the homeland, including the
increasing threat of homegrown terrorism and Islamic
radicalization in the homeland, as evidenced by the terrorist
attacks at Fort Hood and Times Square, and thwarted plots on
the New York City subway and in Portland, Oregon. As stated by
the Attorney General, in the last 24 months, there have been
126 terrorism-related indictments, including 50 against United
States citizens. The Committee will also analyze the
radicalization of United States residents by foreign terrorist
organizations via the Internet and the influence of English
speaking radicals such as Anwar Al Awlaki. The Committee also
intends to examine what approach the Department of Homeland
Security (DHS) plans to take to address the increasing
radicalization of individuals within the United States.
During the 112th Congress, the Committee will also examine
the effect on National security of the transportation of
unprivileged enemy combatants to the United States to be
detained and tried before a jury in a Federal civilian court.
The examination will include a review of the potential risk of
holding high-value detainees, such as Khalid Sheikh Mohammed
and other co-conspirators of the attacks of September 11th, on
domestic soil; the risk of inadvertent disclosure of sensitive
information during the trial; and the recommendations delivered
by the Department of Homeland Security (DHS or Department) as
part of the Guantanamo Review Task Force.
The Committee will also examine the Obama Administration's
policy concerning the Detention Center at the U.S. Naval
Station Guantanamo Bay, Cuba. This oversight will include a
review of the Secretary of Homeland Security's role as a member
of the President's Guantanamo Detention Task Force, as outlined
in Executive Order 13492. Furthermore, the Committee will
examine the homeland security ramifications of the
Administration's plans to purchase detention space within the
United States for the purposes of detaining enemy combatants
currently held at Guantanamo Bay and conducting military
commissions for terrorists detained at Guantanamo.
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
counterterrorism
In the 112th Congress, the Committee will examine the
counterterrorism policies of the U.S. Government, with specific
focus on the Department of Homeland Security. This examination
will include an assessment of the worldwide threat against the
U.S. homeland from al-Qaeda core, al-Qaeda in the Arabian
Peninsula (AQAP), al-Qaeda in the Islamic Maghreb (AQIM), al
Shahbab, Tehrik-i-Taliban Pakistan (TTP), Lashkar-e-Taiba (LeT)
and other emerging terrorist groups.
department of homeland security intelligence enterprise
During the 112th Congress, the Committee will conduct
oversight of the Department of Homeland Security's Intelligence
Enterprise, including intelligence activities throughout the
Department and component agencies. Additionally, the Committee
will oversee the progress made in the coordination and
collaboration of information collection and intelligence
analysis occurring across the DHS Intelligence Enterprise, as
well as the further development and role of the Homeland
Security Intelligence Council (HSIC) in coordination and
collaboration with Departmental intelligence activities.
During the 112th Congress, the Committee will review
efforts to build the intelligence, analytical, and assessment
capabilities of the Department and to ensure its full
participation in the Intelligence Community as part of its
homeland security mission. The Committee will examine whether
the Department is receiving relevant intelligence and law
enforcement information from other Federal agencies in a timely
manner; whether the Secretary of Homeland Security is
appropriately involved in the prioritization of the Federal
Government's intelligence collection requirements for homeland
security purposes; and the Department's role in managing,
distributing, and otherwise using terrorist threat information
in furtherance of its homeland security mission.
Additionally, the Committee will examine the hiring
authorities, practices, and career-development of intelligence
analysts and professionals within the Department. The Committee
will examine the progress of DHS intelligence analyst training
programs, and whether they are meeting the needs of both the
Department and State, local, and private sector partners.
counterintelligence
Throughout the 112th Congress, the Committee will track the
development of the newly reorganized Department of Homeland
Security Counterintelligence Program, to ensure it is fully
meeting the Department's needs. The primary mission of the DHS
Counterintelligence Division (CPD) is to prevent adversaries
from penetrating the department to exploit sensitive
information, operations, programs, personnel, and resources.
information sharing
During the 112th Congress, the Committee will examine the
progress being made to improve terrorist and homeland security
information sharing efforts among Federal, State, and local
Governments, law enforcement entities, first responders,
emergency management personnel, and the private sector. The
Committee intends to explore the Department of Homeland
Security's coordination and collaboration with the National
Counterterrorism Center (NCTC), particularly through the
Interagency Threat Assessment and Coordination Group, and
efforts to disseminate necessary terrorist threat information
among Federal, State, and local Governments and the private
sector. While supporting the Department's and Government-wide
information sharing efforts, the Committee will review efforts
to ensure the security of sensitive and classified information
and guard against unlawful access or disclosure, as in the case
of WikiLeaks.
In addition to examining the Office of Intelligence and
Analysis, the Committee will examine the Department of Homeland
Security's efforts to establish policy for and coordinate
information sharing efforts from across the Federal Government
to and from State and local fusion centers throughout the
country. Additionally, the Committee will examine the
Department's internal processes and coordination efforts in
sharing information between the fusion centers and the
Department. Further, the Committee will examine unclassified
information designations and whether such designations impact
the ability of the Department or other Federal agencies to
share information among Federal, State, local and private
sector partners.
the national operations center
The Department of Homeland Security's National Operations
Center (NOC) serves as the National nerve center for
information sharing and domestic incident management, by
increasing the vertical coordination among Federal, State, and
local Government and private sector partners. In the 112th
Congress, the Committee will oversee the Department's efforts
to collect and fuse information in the NOC in order to maintain
domestic situational awareness, and to carry out its role as
the primary National-level center during domestic incidents and
special events.
united states secret service
In the 112th Congress, the Committee will examine the
homeland security operations of the United States Secret
Service, including its critical role of protecting the
President of the United States and presidential candidates in
the 2012 presidential election.
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
operational control of the border
During the 112th Congress, the Committee will focus on
additional policies and resources necessary for the Department
to gain operational control over the land and maritime borders
of the United States, including but not limited to personnel,
technology, infrastructure, and coordination. The Committee
will also assess the status of programs and international
agreements to secure U.S. land borders on the north and the
south from illegal entry by persons or contraband.
Furthermore, the Committee continues to be concerned about
the threat of spill-over violence stemming from the rise of
drug cartels and the increasingly violent conflict throughout
Mexico. During the 112th Congress, the Committee will conduct
rigorous oversight of these issues.
border screening and terrorist travel
In the 112th Congress, the Committee intends to review
efforts to ensure the deployment and implementation of
technology, training, and infrastructure enhancements to assist
border and consular officials in identifying, intercepting, and
disrupting terrorists or others who would do our Nation harm
and who are attempting to enter or travel within the United
States. As a part of this review, the Committee will monitor
the Department's efforts to detect, detain, and remove aliens
apprehended at or near U.S. borders and ports of entry who are
subject to deportation, particularly those from special
interest countries. The Committee will address security-related
deficiencies in the immigration and naturalization process that
terrorists could use to gain entry to or remain in the country
for illegitimate purposes. These weaknesses have and will
continue to be exploited by terrorists and those seeking to
commit terrorist acts. The Committee intends to explore
challenges preventing the aggressive deployment of personnel to
high-risk visa issuing posts to improve visa security.
The Committee will also examine the integration, security,
and reliability of criminal, immigration, and terrorist
databases used to screen persons seeking to enter this country,
to include advanced passenger information and the US-VISIT
program. The Committee will also assess the development of
secure travel documents. In addition, the Committee will
examine the integration and effectiveness of transportation and
border security screening systems for detecting high-risk
passengers and cargo transported within the United States and
across our borders.
port and maritime security
In the 112th Congress, the Committee will examine various
aspects of port and maritime security, including the security
of port facilities; the screening of vessels, passengers,
cargo, and crew for potential terrorists, terrorist weapons,
and contraband; the development of international security
standards for shipping and containers; and the implementation
and operation of the Transportation Worker Identification Card
(TWIC). The Committee also plans to review how the Department
manages risk emerging from maritime threats and vulnerabilities
such as small boats that could be utilized in acts of
terrorism.
The Committee plans to review the efficiency and
effectiveness of the Department's supply chain security
programs, such as the Customs Trade Partnership against
Terrorism (C-TPAT) and the Container Security Initiative (CSI),
to ensure a proper balance between the facilitation of lawful
trade and the security of America. This will include an
assessment of implementation of the Maritime and Transportation
Security Act of 2002 (Pub. L. 107-295), the Security and
Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-
347), relevant provisions of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub. L. 108-458), and the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Pub. L. 110-53).
u.s. coast guard
In the 112th Congress, the Committee plans to review the
Coast Guard's homeland security missions, to include ports,
waterways, and coastal security; drug interdiction; migrant
interdiction; law enforcement; and defense readiness. The
Committee will examine Coast Guard afloat, aviation, and shore-
based operations in support of these missions to ensure that
the service is using a risk-based, layered strategy to enforce
laws and keep America's waters secure. This will include a
specific assessment of the Coast Guard's anti-terrorist
capabilities, most notably those found within the Deployable
Operations Group and its units, including Maritime Safety and
Security Teams, Port Security Units, Tactical Law Enforcement
Teams, and the Maritime Security Response Team. Additionally,
the Committee will review resource and asset needs within the
Coast Guard to determine whether the service is operationally
ready to address threats and emergencies while pursuing a long-
term sustainable path of fleet recapitalization. The Committee
will specifically examine the progress, efficiency, and
efficacy of acquisitions programs such as the Integrated
Deepwater Systems project to ensure major procurements remain
on schedule without a reduction in readiness throughout the
service.
Furthermore, the Committee will closely investigate the
Coast Guard's specific maritime security operations and
initiatives, such as the International Port Security Program
and the inspection of vessels originating from ports with
inadequate anti-terrorism measures. The Committee will examine
these and other programs to ensure that the service is
developing a full sense of maritime domain awareness and
executing all of its missions in the most effective manner
possible to keep America secure.
SUBCOMMITTEE ON TRANSPORTATION SECURITY
national strategy for transportation security
During the 112th Congress, the Committee will examine the
Department of Homeland Security's continuing efforts to
implement the National Strategy for Transportation Security;
the efforts of the Transportation Security Administration (TSA)
in fulfilling its mandate under the Aviation and Transportation
Security Act of 2001; and TSA's policies and programs to
address security threats against all modes of transportation.
The Committee's review will consider the Department's capacity
for protecting the most at-risk transportation systems, the
resiliency of critical infrastructure related to
transportation, the development and deployment of technology to
detect biological, chemical, and radiological threats,
passenger screening, and other methods to prevent or mitigate
terrorist attacks. Additionally, the Committee will examine the
Department's staffing needs, its inventory and use of detection
canines, and its allocation and objectives for transportation
security grants.
passenger and baggage screening
During the 112th Congress, the Committee will review TSA's
deployment of technology and implementation of procedures
related to the screening of passengers in all modes of
transportation and will examine TSA's balancing security
interests with the need for the efficient flow of travel,
including privacy and civil liberties safeguards. The Committee
will conduct oversight on the cost and effectiveness of
technology related to the screening of baggage; information
sharing within the Federal interagency process; coordination
with international partners, and the effectiveness of the
credentialing process. The Committee will also review TSA's
passenger search policies and pre-screening programs, including
the screening of passengers against no-fly and selectee lists,
the performance of the Secure Flight program, and other
measures that affect the security of domestic and international
air travelers.
aviation security
In the 112th Congress, the Committee will examine the risks
and consequences of terrorist attacks on passenger and cargo
aircraft, as well as the development of security measures to
reduce or mitigate such risks. The Committee's oversight will
review programs and procedures implemented by the Department of
Homeland Security related to the security of all types of
aircraft, including commercial passenger, air cargo, and
general aviation aircraft. In addition, the Committee will
examine airport perimeter and access controls and technology
for limiting access to the secure areas of commercial and
general aviation airports. The Committee will also examine the
training and management of the Federal Air Marshal Service.
surface transportation
In the 112th Congress, the Committee will review the
Transportation Security Administration's efforts to secure
surface transit systems, including the most at-risk mass
transit systems, buses, subway light rail, and passenger rail,
freight rail, pipelines, and highway systems. Moreover, in
examining the security of surface transportation systems, the
Committee will consider the roles and responsibilities of other
DHS components including the Federal Emergency Management
Agency (FEMA), as well as agencies external to DHS, including
the Department of Transportation's (DOT) Federal Transit
Administration (FTA) and Federal Railroad Administration (FRA),
State and local agencies and private industry. The Committee's
examination will include a review of TSA plans for providing
resources to adequately train and staff surface transportation
inspector units.
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
federal preparedness and response
During the 112th Congress, the Committee will examine the
Administration's efforts to review and update Homeland Security
Presidential Directive 8 (HSPD-8), which directs the Department
to create a National program and multi-year planning system to
conduct terrorism preparedness-related exercises, and the
impact the delay caused by this review has had on efforts to
update the National Planning Scenarios and other preparedness
activities. The Committee will also examine the Department's
efforts to implement the Post Katrina Emergency Management
Reform Act of 2006.
national response and incident management
In the 112th Congress, the Committee will examine the
effectiveness of the National Response Framework (NRF),
including the Department's role in coordinating the response
efforts of all applicable Federal departments and agencies and
the coordination among the Department and State and local
Governments, first responders, nongovernmental organizations
and the private sector in implementing the NRF. The Committee
will also examine the development and integration of doctrine
that addresses prevention, protection, and recovery, including
the draft National Disaster Recovery Framework. In addition,
during the 112th Congress, the Committee will oversee the
Department's implementation of the National Incident Management
System (NIMS), including the Department's integration of NIMS
with the NRF.
interoperable communications
In the 112th Congress, the Committee will monitor the
progression of the Emergency Communications Preparedness Center
and the Department's Office of Emergency Communications and
Office of Interoperability and Compatibility. Specifically, the
Committee will review the Department's coordination and
planning, technical assistance, communications standards, and
best practices for interoperable communications systems and the
proposed public safety wireless broadband network for first
responders. The Committee will also oversee the Department's
implementation of grants for interoperable communications. In
addition, the Committee will examine the Department's progress
in the establishment of the Integrated Public Alerts and
Warnings System to ensure interoperability among different
warning systems.
assistance to state and local governments and first responders
In the 112th Congress, the Committee will examine the
extent to which the Department implements a risk-based approach
to the allocation of grants and ways to improve the
Department's administration of grants to enhance the ability of
State and local Governments and emergency responders to
mitigate against, prevent, protect against, respond to, and
recover from a terrorism attack or natural disaster. The
Committee will review the coordination of the Department's
grant programs with other agencies across the Federal
Government; coordination within the Department in developing
guidance and administering grants; challenges in the funding
pipeline; strength of regional partnerships developed through
grants; and the distribution and expenditure of such grants at
the State and local levels. The Committee will also review on-
going efforts to measure grant funding investments against
improved preparedness capabilities.
first responder training
During the 112th Congress, the Committee will review the
Department's terrorism preparedness training programs,
incorporation of such training into first responder
certification processes, the level of coordination among
Federal, State, and local training programs and the awareness
of first responders serving State, local and Tribal Governments
concerning these programs. The Committee will also review
existing DHS training centers and determine whether the
Department optimally utilizes these facilities to enhance first
responder terrorism preparedness.
exercises and simulations
In the 112th Congress, the Committee will monitor the
Department's implementation of HSPD-8 and its progress in
creating a planning system to conduct terrorism preparedness-
related exercises. To that end, the Committee will examine the
Departments' National Exercise Program and on-going efforts to
streamline and improve it to ensure the program enhances the
preparedness of the Nation. The Committee will review whether
FEMA is incorporating lessons learned from National exercises
into future training, planning, exercises, and other
activities. The Committee will conduct oversight of the
National Level Exercise 2011 (NLE 2011), which is centered on a
catastrophic earthquake in the New Madrid Seismic Zone and
examine related Department of Defense (DoD) led exercises.
chemical, biological, radiological, and nuclear planning, preparedness,
and response
During the 112th Congress, the Committee will examine the
significant challenges posed by chemical, biological,
radiological, and nuclear (CBRN) weapons to homeland security
and assess the Government's progress in implementing security
strategies including prevention, preparedness, and response
approaches that utilize multiple tools and policies to reduce
the likelihood and impact of CBRN attacks and, thus, the CBRN
risk to the Nation. The Committee will oversee the Department's
efforts to understand the evolving CBRN threat landscape, as
well as integrate and share this information. The Committee
will examine the Department's capability to mitigate CBRN risks
through appropriate means including preparedness and response
to CBRN threats with a focus on public health capacity to
respond. In particular, the Committee will look at the capacity
of the medical community to ready its existing resources,
develop its capabilities, and surge in times of crisis. A
critical facet of the Nation's medical preparedness for CBRN
threats is the availability of effective medical
countermeasures. The Committee will consider issues such as
priorities for countermeasure development and State and local
preparedness for distribution and dispensing of
countermeasures. The Committee will also oversee preparedness
for agricultural terrorism events, to include food defense
policies and veterinary leadership at the Department of
Homeland Security.
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
cybersecurity
In the 112th Congress, the Committee will examine the
Department's role in hardening our National critical
infrastructure against cyber attacks by fortifying Federal
civilian networks and collaborating with the private sector to
develop the means to detect and prevent cyber attacks, reduce
vulnerabilities, provide incident response, and facilitate
recovery. That oversight will consider the Department's ability
to detect the incursion of malicious activity; attribute the
source of that activity; and promote best practices, risk
assessments, and sharing of threat information across all
levels of Government and the private sector. In addition, the
Committee will examine the Department's ability to foster
cybersecurity research, development, and educational activities
to secure cyber networks. Additionally, the Committee will
examine the Department's efforts to recruit and train
cybersecurity personnel. The Committee will also examine the
resiliency of National critical infrastructure to withstand
cyber attacks and the need to optimize supply chain risk
management to protect against manipulation without
unnecessarily impeding commerce.
The Committee will review the integration of the various
cyber missions carried out across the Federal Government,
including the Department's collaboration with the defense and
intelligence agencies and its role in fulfilling the goals of
the National Cyber Security Plan. The Committee also will
examine the development and implementation of the National
Cyber Incident Response Plan, which expands upon the National
Response Framework.
the safety act
The Support Anti-terrorism by Fostering Effective
Technologies Act (the SAFETY Act) was included as subtitle G of
the Homeland Security Act of 2002, and authorized the Secretary
of the Department of Homeland Security to designate, upon
application, certain anti-terrorism products and services as
qualified to participate in a Federal liability protection
program. The SAFETY Act helps to foster the creation of anti-
terrorism products and services and facilitates job creation.
During the 112th Congress, the Committee will review the need
for further congressional guidance on the process and criteria
used to review and approve applications for SAFETY Act
certification and designation; the process and criteria used to
renew SAFETY Act certifications and designations; expansion of
SAFETY Act protection for risk mitigation strategies,
processes, and procedures; the increased use of SAFETY Act
protection internationally; and the Department's ability to
keep pace with the rising demand for SAFETY Act protections.
critical infrastructure protection
Pursuant to Homeland Security Presidential Directive 7
(HSPD-7), the Department is responsible for integrating sector
specific strategies into a National Strategy for Critical
Infrastructure Protection, and for coordinating Federal efforts
across all such infrastructure sectors. During the 112th
Congress, Committee oversight will focus on the implementation
of the National Strategy for Critical Infrastructure
Protection, including the Department's National coordination
responsibilities and its sector specific critical
infrastructure protection responsibilities. The Committee will
also examine the Department's efforts to assess National
critical infrastructure priorities by maintaining the National
Asset Database.
In addition, the Committee will review the Department's
progress in identifying, prioritizing, recommending, and
implementing protective measures to reduce vulnerabilities for
critical infrastructure and key resources, including its
administration of programs to promote private sector sharing of
critical infrastructure threat and vulnerability-related
information, and its administration of systems and programs to
provide timely warnings of potential risks to critical
infrastructure.
safety and security of federal buildings and facilities
In the 112th Congress, the Committee will continue to
monitor the safety and security of Federal buildings and
Facilities, including the role and responsibility of the
Federal Protective Service.
chemical facility security
In the 112th Congress, the Committee will continue to
examine the implementation, scope, and impact of the
Department's existing authority and regulations to secure
chemical facilities and take action, as appropriate, to
optimally balance the program's effectiveness in reducing the
risk posed by certain chemical facilities and the everyday
demands for chemicals in commerce.
science and technology
During the 112th Congress, the Committee will oversee the
capability of the Department's Science and Technology
Directorate to rapidly develop and deliver products and
technology solutions to its customers, including the operating
components of DHS, and State and local emergency responders and
officials, to help them secure the homeland by preventing,
protecting against, and responding to terrorist threats and
natural disasters. The Committee will examine, in particular,
the Department's progress in developing a more rigorous process
to identify, prioritize, and fund research, development,
testing, and evaluation (RDT&E) opportunities that balances
risk to the homeland with cost, impact, and time to deliver.
The Committee will review the Department's efforts to
coordinate the homeland security research and development
agenda and leverage scientific knowledge and technical
expertise, research, and facilities at relevant universities,
research institutions, Government and National laboratories,
and the private sector, including the Homeland Security Centers
of Excellence and Federal Funded Research and Development
Centers. The Committee will also assess the status of the
Department's technical infrastructure and workforce to ensure
current and future homeland security RDT&E needs will be met.
The Committee will review the Department's activities
relating to evaluation, testing, and certification of private
sector homeland security technologies. The Committee will
evaluate the Department's role in facilitating the transfer and
commercialization of exiting technologies (including
modification of military technologies) for use by Federal,
State, local and Tribal Government and first responders.
technology to counter chemical, biological, radiological, and nuclear
threats
During the 112th Congress, the Committee will examine the
Department's progress in improving the Nation's capability to
counter the threat of terrorist use of chemical, biological,
radiological, and nuclear weapons in the United States through
multi-layered approaches that emphasize early detection at the
Federal, State, and local levels, as well as post-event
capabilities for remediation. The Committee will oversee the
Department's development and implementation of the overarching
strategic plan for the Global Nuclear Detection Architecture.
The Committee will review the Department's chemical,
biological, radiological, and nuclear analysis capabilities and
information sharing mechanisms to provide actionable
information and an integrated operating system to guide
decision makers in carrying out appropriate responses,
including interdiction. To enhance the ability to interdict
chemical, biological, radiological, and nuclear smuggling
across U.S. borders (land, air, and sea), the Committee will
oversee the Department's progress in employing risk-based
methods for developing, testing, certifying, deploying, and
operating current and next generation chemical, biological,
radiological, and nuclear detection equipment. The Committee
will also examine the Department's ability to detect chemical,
biological, radiological, and nuclear materials in the interior
of the U.S. and the Department's coordination with State and
local partners to reduce the risk of radiological and nuclear
terrorism to metropolitan urban areas and critical
infrastructure through expanding the Securing the Cities
Initiative. Finally, the Committee will examine the
Department's chemical, biological, radiological, and nuclear
forensic activities to support National priorities for
deterrence, attribution, and prosecution.
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
departmental operations and efficiency initiatives
In the 112th Congress, the Committee will oversee the
Department of Homeland Security's day-to-day operations to
ensure that it is operating in the most efficient and effective
manner possible. Pursuant to Clause 2(d)(F) of the Rules of the
House of Representatives, the Committee will work to identify
potential opportunities to eliminate duplicative or unnecessary
programs, find efficiencies that will contribute to the
Department's ability to meet its vital missions, and identify
areas for cost savings. The Committee will also conduct
rigorous oversight to ensure departmental regulations enhance
security without posing an unnecessary barrier to private
sector job creation. The Committee will fully investigate
homeland security programs and practices, as warranted.
financial management
In the 112th Congress, the Committee will continue its
oversight of the Department of Homeland Security's efforts to
consolidate its 13 separate financial management systems into
one, unified system, known as the Transformation and Systems
Consolidation (TASC) project. In coordination with this review,
the Committee will also review the Department's efforts to
enhance internal controls and provide information that will
enable clean audit opinions.
departmental workforce
Throughout the 112th Congress, the Committee will monitor
the Department's efforts to recruit and retain personnel and to
address employee concerns set forth in the Office of Personnel
Management's Federal Human Capital Survey and the Department's
own personnel surveys, which have indicated morale problems
across the Department. In addition, the Committee will examine
the Department's Balanced Workforce Initiative, which seeks to
convert contractor positions into Federal employees, to ensure
an appropriate balance is struck between Federal employees and
private contracts and guard against any unnecessary elimination
of private sector jobs.
information technology systems management
During the 112th Congress, the Committee will review the
Department's efforts to address information technology (IT)
challenges, including the management and integration of the
Department's IT systems. The Committee will review the
authorities and activities of the Chief Information Officer
(CIO) and component CIOs to ensure the effective management and
coordination of these key functions. The Committee will also
monitor the Department's progress in IT architectural planning,
investment management, policy development, operations, and
related personnel management.
hspd-12 implementation
In the 112th Congress, the Committee will monitor the
Department's implementation of Homeland Security Presidential
Directive-12 (HSPD-12), Policy for a Common Identification
Standard for Federal Employees and Contractors, including the
Department's completion of card issuance, installation of card
readers, and other identification security efforts, such as the
use of logical access control systems.
headquarters consolidation
In the 112th Congress, the Committee will review the
Department's efforts to consolidate its headquarters from more
than 40 locations throughout the National Capital Region to
eight or nine locations. The cornerstone of this effort is the
St. Elizabeth's headquarters consolidation project. The
Committee will monitor the progress of the consolidation to
ensure the plan is completed on time and within budget.
acquisition management
During the 112th Congress, the Committee will review the
efforts of the Department of Homeland Security to improve the
integration and coordination of the procurement functions of
its components, and to ensure that effective management
controls are put in place to prevent contract waste, fraud, and
abuse while promoting efficiency and effectiveness. The
Committee will review the authorities and activities of the
Chief Procurement Officer to ensure the effective management of
this key function. The Committee also will review the
Department's implementation of Section 831(a) of the Homeland
Security Act of 2002, which grants the Secretary authority with
respect to research and development projects to use more
flexible contracting mechanisms in an effort to attract
``nontraditional Government contractors'' for needed homeland
security technologies, as well as the Secretary's use of other
streamlined acquisition practices.
privacy and civil liberties
Section 222 of the Homeland Security Act of 2002 (the Act)
created a Privacy Officer for the Department of Homeland
Security to ensure that the Department's information gathering
and analysis functions and other programs across its components
adhere to established standards for the protection of privacy.
Section 705 of the Act also established an Officer for Civil
Rights and Liberties to review and assess information alleging
abuses of civil rights or civil liberties by employees and
officials of the Department of Homeland Security. During the
112th Congress, the Committee will monitor the Department's
efforts under such laws to strike an appropriate balance
between the need to combat terrorist attacks against the United
States with the privacy expectations and civil rights of U.S.
citizens.
PART B--IMPLEMENTATION OF THE COMMITTEE ON HOMELAND SECURITY OVERSIGHT
PLAN FOR THE 111TH CONGRESS
Part B of this section contains a summary of the actions
taken by the Committee on Homeland Security to implement the
Oversight Plan for the 112th Congress and the recommendations
made with respect to this plan. Part B also contains a summary
of the additional oversight activities undertaken by the
Committee, and the recommendations made or actions taken
thereon.
FULL COMMITTEE
Additional Oversight Functions
Counterterrorism
Since September 11, 2001, there have been over 50 plots and
terrorist attacks against the Homeland; two of them successful
in killing innocent Americans. Additionally, law enforcement
officers have arrested dozens of individuals plotting attacks
against the Homeland and our allies. On December 21, 2010, the
Attorney General of the United States stated that in the
previous two years 126 people were indicted on terrorism
charges, including 50 citizens of the United States. The threat
from al-Qaeda and its affiliates continues to remain extremely
high.
The Committee has actively examined this problem during the
112th Congress. The Committee conducted two Member site visits
to the National Counterterrorism Center (NCTC), Office of the
Director of National Intelligence, for Members to receive
threat briefings from the NCTC Director.
The Committee held several hearings focused on threats to
the homeland, including a hearing entitled ``Understanding the
Homeland Threat Landscape Considerations for the 112th
Congress'' and a hearing entitled ``Threats to the American
Homeland After Killing Bin Laden: An Assessment.'' On September
8, 2011, the Committee held a hearing entitled ``The Attacks of
September 11th: Where are We Today?''
Members of the Committee received regular classified
briefings from senior officials from NCTC, the Department of
Homeland Security, and the Federal Bureau of Investigation to
stay current on the latest intelligence and threats to the
Homeland. The Committee will continue its policy of holding
regular, monthly briefings with the Intelligence Community.
Additionally, Committee staff received classified intelligence
briefings from the Department on Homeland Security on threats
to the Nation's borders.
The Committee will continue to examine this issue as the
112th Congress progresses.
Homegrown Radicalization
One of the greatest threats facing the Homeland is that of
homegrown violent Islamist terrorists who depart from
mainstream Islam and are radicalized to al-Qaeda's violent
ideology. These individuals often have no contact with known
terrorist networks overseas, making it exponentially difficult
for law enforcement to detect these individuals who may be
actively plotting attacks. Interception often requires
cooperation and a partnership from members of the Muslim
community, who may be a witness to an individual's path toward
radicalization. The Committee has actively examined this
problem in the 112th Congress.
As part of the Committee's oversight of domestic
radicalization, Committee staff held a series of meetings with
representatives of Federal, State, and local law enforcement,
academia, religious organizations, private sector entities and
non-profit organizations. The meetings focused on discussing
the current threat of homegrown terrorism and violent extremism
within the United States and what measures can be taken to
address this problem. The Committee held a series of four
hearings on domestic radicalization focused on the extent of
radicalization and the response within the Muslim community,
the threat of radicalization within prisons, the threat posed
by al-Shabaab, and the threat to military communities. In
advance of the hearings, Committee staff conducted site visits
and received a number of briefings from Government and non-
Government entities.
The Committee has begun an investigation into what role
Anwar al-Alwaki may have played in facilitating the attacks of
September 11, 2001. On May 26, 2011, the Chair of the Full
Committee sent a letter to the Attorney General of the United
States requesting documents and case files related to al-Qaeda
in the Arabian Peninsula (AQAP) terrorist Anwar al-Awlaki and
his possible involvement in the planning and execution of the
September 11, 2001 terrorist attacks. In addition, on October
25, 2011, the Full Committee Chair sent letters to the Director
of the Defense Intelligence Agency, the Secretary of Homeland
Security, the Attorney General of the United States, and the
Secretary of State seeking an investigation into the roles of
Anwar al-Awlaki, Eyad al-Rababah, and Daoud Chehazeh in
facilitating the attacks of September 11, 2011.
In addition to the Committee's investigative hearings,
Committee staff has been engaged in oversight of the Federal
Government's efforts to counter radicalization. Committee staff
were briefed by officials from the Department of Homeland
Security, including the Principal Deputy Counterterrorism
Coordinator and Senior Advisor to the Secretary, who has been
directed to serve as the Department's lead on countering
violent extremism (CVE). The Committee's oversight has focused
specifically on the Administration's recently released
strategies, entitled ``Empowering Local Partners to Prevent
Violent Extremism in the United States'' and ``Strategic
Implementation Plan for Empowering Local Partners to Prevent
Violent Extremism in the United States.'' In addition,
Committee staff attended the Department's National Countering
Violent Extremism Workshop in August 2011.
The Committee also included two provisions in H.R. 3116,
the Department of Homeland Security Authorization Act for
fiscal year 2012, to address the Administration's efforts to
counter violent extremism. The first provision requires the
Secretary of Homeland Security to designate an official of the
Department to coordinate efforts to counter homegrown violent
Islamist extremism. The second section requires the Director of
the Federal Law Enforcement Training Center to report to the
House and Senate Committees on its counter-violent extremism
training.
Terrorist Detention and Trials
On May 11, 2011, the Chair of the Full Committee sent a
letter to the Secretary of Defense and the Chairman of the
Joints Chief of Staff requesting an explanation of news reports
that terrorist detainees held at Guantanamo may be able to
receive visits from wives and family members and the potential
damage to our National security posed by the prospects of such
visits.
united states secret service
The Committee initiated an investigation into an alleged
incident involving USS personnel and foreign nationals in
Cartigena, Colombia. The investigation is still on-going,
however, the Full Committee Chair has sent a letter to the
Director of the USS with questions related to the alleged
incident, and received a response letter. Furthermore,
Committee staff received a briefing from multiple
representatives from the USSS and the Department of Homeland
Security providing additional information in response to the
April 20 letter. The Chair of the Full Committee also sent a
letter to the Secretary of State requesting to have the
Department of State make three Departmental personnel on the
ground in Colombia available to the Committee for its
investigation.
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
counterterrorism
During the 112th Congress, the Subcommittee on
Counterterrorism and Intelligence examined the counterterrorism
policies of the U.S. Government with a focus on the Department
of Homeland Security (DHS). The Subcommittee received several
classified briefing by representatives from DHS, the National
Counterterrorism Center (NCTC), and the Federal Bureau of
Investigation (FBI).
The Subcommittee also monitored counterterrorism policies
outside of the Department in the wider U.S. Intelligence
Community. Subcommittee Members received classified briefings
from the Defense Intelligence Agency and the Joint Staff on the
threat from al-Qaeda in the Arabian Peninsula, as well as
classified briefings from the Drug Enforcement Agency (DEA) and
the Department of State on Hezbollah activities in the Western
Hemisphere. The Subcommittee also conducted briefings on the
threat from weapons of mass destruction (WMD), the Department
of the Treasury's Financial Crimes Enforcement Network, the
FBI's Terrorist Financing Operations Section, and the DEA's
Special Operations Division relating to drug trafficking
organizations and their connections to international terror
networks. Committee staff also received a briefing from the
FBI's Cyber Division and their National Cyber Forensics and
Training Alliance on terror financing. Committee staff also
visited the Defense Threat Reduction Agency within the
Department of Defense, to receive a briefing on their Strategic
Command Center.
The Chair and Ranking Member of the Subcommittee sent a
letter to the Secretary of State to encourage the Department's
Office of the Coordinator for Counterterrorism to initiate an
investigation to determine whether the Nigerian Islamist sect
Boko Haram should be designated a Foreign Terrorist
Organization. Additionally, the Full Committee Chair and the
Subcommittee Chair pursued this request with the Secretary of
State, with two additional letters.
department of homeland security intelligence enterprise
The Subcommittee continued its oversight of the Department
of Homeland Security (DHS) Intelligence Enterprise, examining
intelligence activities of the Department and its components.
The Subcommittee received briefings from each component agency
within DHS with intelligence responsibilities and capabilities.
The Subcommittee held a hearing, ``The DHS Intelligence
Enterprise--Past, Present, and Future.''
counterintelligence
The Subcommittee staff received a briefing from the
Department of Homeland Security's Counterintelligence Program
Division (CPD) on the status of its reorganization, and will
continue to further examine the reorganized and the CPD mission
and operations following its recent reorganization.
information sharing
The Subcommittee continued to monitor improvements to the
terrorist and homeland security information sharing effort
among Federal, State, and local Governments, law enforcement
entities, first responders, emergency management personnel and
the private sector. This oversight included briefings by the
New York City Police Department (NYPD), the New York State
Intelligence Center, the Department of Homeland Security Fusion
Center Program Office, and the Department of Homeland Security
(DHS) Open Source Enterprise. Committee staff also attended the
National Fusion Center Conference held in March 2011 in Denver,
Colorado. Additionally, Committee staff attended the National
Fusion Center Training Event held in Phoenix, Arizona in April
2012.
The Chair of the Subcommittee sent a letter to the
Secretary of Homeland Security, the Director of the Federal
Bureau of Investigation and the Director of National
Intelligence to request information on how each of their
agencies took part in the distribution and response to the
cache of information that was collected from Osama bin Laden's
compound.
The Subcommittee held a hearing entitled ``Intelligence
Sharing and Terrorist Travel: How DHS Addresses the Mission of
Providing Security, Facilitating Commerce, and Protecting
Privacy for Passengers Engaged in International Travel.''
Witnesses included the Assistant Secretary for Policy at the
Department of Homeland Security, the Department's Chief Privacy
Officer, and the Executive Director of Automation and Targeting
for the U.S. Customs and Border Protection's Office of
Intelligence and Investigations.
On November 15, 2011, the Subcommittee passed H.R. 2764,
the WMD Intelligence and Information Sharing Act; and H.R.
3140, the Mass Transit Intelligence Prioritization Act, to
enhance information sharing capabilities of DHS and fusion
centers across the country.
The Subcommittee held a hearing on February 28, 2012,
entitled ``Federal Government Intelligence Sharing with State,
local, and Tribal Law Enforcement: An Assessment Ten Years
After 9/11."
the national operations center
As part of its continued oversight of DHS intelligence
sharing efforts, the Subcommittee will examine the role that
unclassified information designations play in efforts to share
information among Federal agencies, including DHS, and State,
local, and private sector partners in the coming session. It
will also examine the National Operations Center (NOC) within
the Department and its efforts to collect and fuse information
in order to provide domestic situational awareness as the
primary National-level center during domestic incidents and
special events.
The Subcommittee held a hearing on February 26, 2012,
entitled ``DHS Monitoring of Social Networking and Media:
Enhancing Intelligence Gathering and Ensuring Privacy.'' The
Subcommittee also received a classified briefing on this issue
on February 15, 2012.
united states secret service
The Subcommittee examined the operations of the United
States Secret Service (USSS), including its critical role of
protecting the President of the United States and presidential
candidates in the 2012 presidential election. Committee staff
held multiple meetings with representatives from the USSS, and
also conducted a site visit to their headquarters.
On September 14, 2011, the Subcommittee held a hearing
entitled ``United States Secret Service: Examining Protective
and Investigative Missions and Challenges in 2012,'' which
focused on the operations of the USSS and their role in 2012
presidential election.
The Committee initiated an investigation into an alleged
incident involving USS personnel and foreign nationals in
Cartigena, Colombia. The investigation is still on-going,
however, the Full Committee Chair has sent a letter to the
Director of the USS with questions related to the alleged
incident, and received a response letter. Furthermore,
Committee staff received a briefing from multiple
representatives from the USSS and the Department of Homeland
Security providing additional information in response to the
April 20 letter. The Chair of the Full Committee also sent a
letter to the Secretary of State requesting to have the
Department of State make three Departmental personnel on the
ground in Colombia available to the Committee for its
investigation.
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
operational control of the border
During the 112th Congress, the Subcommittee on Border and
Maritime Security focused on what the Department of Homeland
Security must do to gain operational control over the land and
maritime borders of the United States both at, and between,
ports of entry. The Subcommittee held hearings on these topics
on February 15, 2011, March 15, 2011, May 3, 2011, July 12,
2011 November 15, 2011, April 17, 2012, May 1, 2012, and May 8,
2012. The Subcommittee also considered the following measures:
H.R. 1299, H.R. 915, and H.R. 1922. The Chair and Ranking
Member of the Subcommittee sent a letter to the Commissioner of
the Customs and Border Protection regarding personnel at the
borders and ports of entry on June 1, 2011. Additionally, the
Chair of the Full Committee and the Chair of the Subcommittee
sent a letter to the President requesting an extension of the
deployment of National Guard troops on the Southwest border.
In 2011, the Subcommittee held several oversight hearings
on obtaining operational control of land borders. The first
hearing was held on February 15, 2011, and was entitled
``Securing our Borders--Operational Control and the Path
Forward.'' The following hearing on March 15, 2011, entitled
``Strengthening the Border--Finding the Right Mix of Personnel,
Infrastructure, and Technology.'' This hearing focused on the
Department's efforts to secure the border after the
cancellation of the Secure Border Initiative (SBInet). The
hearing focused on how the Department measures operational
control of the border. On May 3, 2011, the Subcommittee held a
hearing entitled ``Border Security and Enforcement--Department
of Homeland Security's Cooperation with State and Local Law
Enforcement.'' The hearing focused on the Department's efforts
to work efficiently with State and local law enforcement. The
Subcommittee shifted focus to the maritime border on July 12,
2011, with the hearing entitled ``Protecting the Maritime
Borders--Leveraging Law Enforcement Cooperation to Enhance
Security along America's Coasts.'' This hearing focused on how
the U.S. Coast Guard, Customs and Border Protection, and other
vital law enforcement agencies work together to secure
America's ports and coasts. In 2012, the Subcommittee continued
its oversight of obtaining operational control by holding a
hearing on May 8, 2012, entitled ``Measuring Border Security:
U.S. Border Patrol's New Strategic Plan and the Path Forward''
to better understand the Border Patrol's latest border security
strategy.
In an era of diminishing budgets, the Department of
Homeland Security must look to the Department of Defense to
transfer existing technology and resources that may have an
application for Homeland Security. The Subcommittee's first
hearing held on this topic was on November 15, 2011, entitled
``Protecting the Homeland: How can DHS use DoD technology to
secure the border?'' Then, on April 17, 2012, the Subcommittee
examined the National Guard's role on the border during the
hearing entitled ``Boots on the Ground or Eyes in the Sky: How
Best to Utilize the National Guard to Achieve Operational
Control.''
The Subcommittee also considered legislation regarding
operational control of the border. In response to the
Government Accountability Office's report that less than 44
percent of the Southwest border is secure, H.R. 1299, the
``Secure Border Act of 2011,'' was introduced March 31, 2011;
considered by the Subcommittee on June 2, 2011. The Full
Committee considered the measure on September 21, 2011, and
reported it to the House on November 12, 2011. H.R. 915, the
``Jaime Zapata Border Enforcement Security Task Force Act'' was
introduced on March 3, 2011, considered by the Subcommittee on
June 2, 2011. The Full Committee considered the measures on
September 21, 2011, and reported to the House on November 4,
2011. The bill establishes a Border Enforcement Security Task
Force (BEST) program within U.S. Immigration and Customs
Enforcement to enhance border security. H.R. 1922, providing
U.S. Customs and Border Protection with access to Federal lands
to carry out certain security activities in the Southwest
Border region was introduced on May 13, 2011, considered by the
Subcommittee on June 2, 2011. Provisions of H.R. 1922 were
included in Title VI of H.R. 3116 as reported by the Committee.
border screening and terrorist travel
In the 112th Congress, the Subcommittee reviewed efforts to
ensure the deployment and implementation of technology,
training, and infrastructure enhancements to assist border and
consular officials in identifying, intercepting, and disrupting
terrorists. The Subcommittee assessed weaknesses at the border
and areas that continue to be exploited by terrorists. The
Subcommittee held hearings on these topics on March 15, 2011,
April 5, 2011, May 3, 2011, September 13, 2011 November 15,
2011, March 6, 2012, and May 1, 2012. The Subcommittee
considered the following measures: H.R. 1299, H.R. 915, and
H.R. 1922.
The Chair of the Full Committee and the Chair of the
Subcommittee sent a letter to the Secretary of Homeland
Security expressing their concerns regarding the Department of
Homeland Security's apparent failure to issue guidelines for
Federal, State, and local law enforcement officials on how to
identify noncompliance with Federal Laws that apply to cross-
border trucking between the United States and Mexico.
In regards to border screening and terrorist travel, the
Subcommittee held several oversight hearings. The first was on
March 15, 2011, entitled ``Strengthening the Border--Finding
the Right Mix of Personnel, Infrastructure, and Technology.''
This hearing focused on the Department's efforts to secure the
border after the cancellation of the Secure Border Initiative
(SBInet). Then on April 5, 2011, the Subcommittee held a
hearing entitled ``Using Resources Effectively to Secure our
Border at Ports of Entry--Stopping the Illicit Flow of Money,
Guns, and Drugs,'' examining how resources are allocated and
deployed at the ports of entry in terms of manpower, canine
units, and infrastructure. On May 3, 2011, the Subcommittee
held a hearing entitled ``Border Security and Enforcement--
Department of Homeland Security's Cooperation with State and
Local Law Enforcement.'' The hearing focused on the
Department's efforts to work efficiently with State and local
law enforcement. The Subcommittee also held a hearing on
November 15, 2011, entitled ``Protecting the Homeland: How can
DHS use DoD technology to secure the border?'' Continuing its
oversight, the Subcommittee held a hearing addressing gaps in
the visa system, particularly challenges in identifying
individuals who overstay their visas on March 6, 2012. The
title of the hearing was ``From the 9/11 Hijackers to Amine el-
Khalifi: Terrorists and the Visa Overstay Problem.'' Then on
May 1, 2012, the Subcommittee held a field hearing in Laredo,
Texas, entitled ``Using Technology to Facilitate Trade and
Enhance Security at our Ports of Entry.'' Additionally, the
Subcommittee held a field hearing in Phoenix, Arizona on May
21, 2012, regarding drug smuggling across the Arizona border,
entitled ``Stopping the Illicit Drugs in Arizona by Leveraging
State, Local, and Federal Information Sharing.''
The Subcommittee also considered legislation regarding
border screening and terrorist travel. In response to a
Government Accountability Office's report that less than 44
percent of the Southwest Border is secure, H.R. 1299, the
``Secure Border Act of 2011'', was introduced March 31, 2011,
considered by the Subcommittee on June 2, 2011, by the Full
Committee on September 21, 2011, and reported to the House on
November 12, 2011. H.R. 915, the ``Jaime Zapata Border
Enforcement Security Task Force Act'' was introduced on March
3, 2011, considered by the Subcommittee on June 2, 2011, by the
Full Committee on September 21, 2011, and reported to the House
on November 4, 2011, and passed by the House on May 30, 2012.
The bill establishes a Border Enforcement Security Task Force
(BEST) program in U.S. Immigration and Customs Enforcement to
enhance border security. H.R. 1922, ``Providing U.S. Customs
and Border Protection with Access to Federal Lands to Carry Out
Certain Security Activities in the Southwest Border Region was
introduced May 13, 2011, considered by the Subcommittee on June
2, 2011, and provisions of H.R. 1922 were included in Title VI
of H.R. 3116 as reported to the House. This bill grants CBP
access for to Federal lands to carry out certain security
activities in the Southwest Border region.
port and maritime security
In the 112th Congress, the Subcommittee has examined
various aspects of port and maritime security, including port
facilities, cargo and passenger screening, and the supply chain
process. The Subcommittee held hearings on these topics on July
12, 2011, June 14, 2011, and February 7, 2012. The Subcommittee
considered measure H.R. 4251.
The Subcommittee held its first hearing on port and
maritime security on June 14, 2011. The hearing was entitled
``Securing the Nation's Ports and Maritime Border--A Review of
the Coast Guard's Post 9/11 Homeland Security Missions,''
focusing the Coast Guard's greatly increased maritime security
operations and range of capabilities. Then, on July 12, 2011,
the Subcommittee held the hearing titled ``Protecting the
Maritime Borders--Leveraging Law Enforcement Cooperation to
Enhance Security along America's Coasts.'' This hearing focused
on how the U.S. Coast Guard, U.S. Customs and Border
Protection, and other vital law enforcement agencies work
together to secure America's ports and coasts. Continuing
oversight of port and maritime security issues, the
Subcommittee held a hearing analyzing the Nation's supply chain
security. The hearing, held on February 7, 2012, entitled
``Balancing Trade and Security: Protecting our Ports,
Facilitating Commerce, and Securing the Supply Chain.''
The Subcommittee also considered legislation regarding port
and maritime security. In order to authorize, enhance, and
reform certain port security programs through increased
efficiency and risk-based coordination within the Department of
Homeland Security, the Subcommittee considered H.R. 4251, the
``Securing Maritime Activities through Risk-based Targeting for
Port Security Act'' or the ``SMART Port Act.'' H.R. 4251 was
introduced on March 22, 2012, considered by the Subcommittee on
April 27, 2012, and favorably reported to the Full Committee.
u.s. coast guard
In the 112th Congress, the Subcommittee has continually
reviewed and assessed the U.S. Coast Guard (USCG). The Members
focused on the USCG's homeland security missions and post 9/11
duties. The Subcommittee held a hearing to receive testimony
from the Commandant of the USCG on the state of the homeland
security responsibilities of the Coast Guard. Additionally, the
Chair of the Full Committee and the Chair of the Subcommittee
sent a letter to the Commandant regarding the USCG budget
proposal and concerns regarding the Coast Guard's post-9/11
missions. The Subcommittee held a follow-up hearing with the
Coast Guard and Customs and Border Protection to ensure both
agencies are cooperating and leveraging their jurisdiction and
assets to enhance security along the maritime borders. The
Subcommittee held a third hearing to examine the use of
Department of Defense technology to secure our Nation's
borders, including maritime borders. The hearing included a
discussion on how the USCG uses Department of Defense (DoD)
technology and how the USCG leverages its unique role to assist
with the transfer of technology between the DoD and the
Department of Homeland security.
With regards to certain Coast Guard security roles, the
Subcommittee considered H.R. 4251, to authorize, enhance, and
reform certain port security programs through increased
efficiency and risk-based coordination within the Department of
Homeland Security. H.R. 4251, the ``Securing Maritime
Activities through Risk-based Targeting for Port Security Act''
or the ``SMART Port Act'' was introduced on March 22, 2012,
considered by the Subcommittee on April 27, 2012, and favorably
reported to the Full Committee.
SUBCOMMITTEE ON TRANSPORTATION SECURITY
national strategy for transportation security
During the 112th Congress the Subcommittee on
Transportation Security examined the legislative and policy
efforts of the Transportation Security Administration (TSA) to
implement the National strategy for transportation security,
TSA's efforts to fulfill its mandates under the Aviation and
Transportation Security Act of 2001, and its overall
initiatives to address security threats against all modes of
transportation. The first hearing held by the subcommittee this
Congress occurred on February 10, 2011. This hearing, entitled
``Terrorism and Transportation Security,'' which focused on the
broad scope of threats to all of our Nation's diverse
transportation systems.
Additionally, the Subcommittee held two Member briefings
focusing on the TSA's authorization priorities for 2012 and
2013, and on the TSA's recent internal reorganization. On March
30, 2012, the Subcommittee Chair led a CODEL to Asia to examine
surface and aviation transportation security initiatives, and
discuss opportunities for increased partnership between the
United States and Asia on security. On May 8, 2012, the
Subcommittee held a hearing to examine the partnerships between
the United States and the Asia Pacific region. Additionally,
from May 14-15, 2012 Subcommittee Members conducted a site
visit to New York City, New York to review various high-risk
transportation targets throughout the region.
passenger and baggage screening
The screening of travelers is a significant part of TSA's
day-to-day operations. This year TSA has expanded its use of
alternative passenger screening methods, including, the
Behavior Detection Officer (BDO) Screening of Passengers by
Observation Techniques (SPOT) and the implementation of TSA
PreTM.
The Subcommittee held a Member briefing on the Behavior
Detection Officer (BDO) Screening of Passengers by Observation
Techniques (SPOT) program. The Committee sent a letter to the
Administrator of TSA requesting more information about a recent
report of racial profiling by behavior detection officers at
one of our Nation's largest airports. Additionally, Committee
staff conducted several meetings and briefings to obtain
updates from TSA regarding the expanded use of this program.
The Chair of the Subcommittee conducted a site visit to Atlanta
Hartsfield-Jackson International Airport to observe the TSA
PreTM checkpoint lanes that are being piloted
there.
Technology and proper implementation of standard operating
procedures are critical components in helping the
Transportation Security Administration (TSA) achieve its
mission. It is incumbent upon the committee to ensure that TSA
is deploying technology and implementing its procedures in a
way that is efficient and effective. The Committee and
Subcommittee sent several oversight letters to TSA regarding
the use of technology.
The Screening Partnership Program (SPP) continues to be an
area of interest for the Subcommittee. The Chair of the
Subcommittee sent a letter to the Administrator of TSA
regarding a United States Court of Federal Claims ruling
involving one of TSA's SPP participants. The Court found that
TSA's selection process for SPP participants was flawed, and
did not select the most qualified applicant based on the
evaluation criteria set out in the Request for Proposal issued
by TSA.
Additionally, the Chair of the Subcommittee and a Member of
the Committee sent a letter to the Administrator of TSA
regarding TSA's use of storage facilities for purchased
technology. TSA provided a briefing in response to the letter.
On February 7, 2012, the Subcommittee held a hearing to discuss
the Screening Partnership Program and the recent United States
Court of Federal Claims ruling.
In addition, on December 8, 2011, the Subcommittee held a
closed hearing to discuss passenger screening technologies.
This hearing was a follow-up to a classified Subcommittee
Member briefing on passenger screening technologies that
occurred on November 18, 2011. It is imperative that TSA
continue to develop new and innovative technology in an effort
to combat emerging threats to aviation. This hearing and
briefing were an opportunity to examine technology
capabilities, and work together toward continuous improvement.
On February 22, 2012, the Subcommittee Chair sent a letter to
the Government Accountability Office (GAO) requesting to be a
co-requestor of a report investigating the Transportation
Security Administration's National Explosives Detection Canine
Program. Additionally, on April 25, 2012 the Subcommittee held
a follow-up classified Member briefing to continue the
discussion on passenger screening technologies.
aviation security
The Subcommittee recognizes the grave consequences of a
terrorist attack on any of our Nation's transportation systems.
Subcommittee hearings and oversight activities consider the
risks and consequences of a terrorist attack, and what measures
can be taken to prevent an attack. In addition to the
Subcommittee's broad oversight activities related to the risk
of terrorism, the Subcommittee held a hearing to discuss
specifically the risks and consequences of an attack on air
commerce, which is a known target for terrorists overseas.
In preparation for considering the Transportation Security
Administration Authorization Act of 2011, the Subcommittee held
two hearings. The first hearing occurred on June 2, 2011 and
was entitled, ``Authorizing the Transportation Security
Administration for Fiscal Years 2012 and 2013.'' The second
hearing occurred on July 12, 2011 and was entitled, ``Industry
Perspectives: Authorizing the Transportation Security
Administration for fiscal years 2012 and 2013.'' During the
course of preparation of this legislation, Committee staff met
with numerous stakeholders in both the public and private
sector in order to hear their thoughts and concerns.
On September 14, 2011 the Subcommittee held a markup of the
Subcommittee print, ``Transportation Security Administration
Authorization Act of 2011.'' On September 22, 2011, the Chairs
of the Full Committee the Subcommittee introduced H.R. 3011,
the Transportation Security Administration Authorization Act of
2011.
Technology plays a critical role in the Transportation
Security Administration's (TSA) ability to protect our Nation's
travelers and transportation systems. Over the course of the
year, the Subcommittee met with numerous industry partners of
TSA, along with other relevant Government representatives.
These meetings were held to discuss ways to improve TSA's
technology procurement process to enhance security and promote
private sector job growth.
In February 2011, the Chair of the Subcommittee met with
the Assistant Administrator for Transportation Sector Network
Management (TSNM) of the Transportation Security Administration
to discuss various initiatives TSNM is employing to secure our
Nation's aviation and surface transportation systems. As a
result of that meeting, the Chair of the Subcommittee sent an
oversight letter seeking additional information about how we
can improve transportation security through technology and
other resources.
The Subcommittee held a series of three hearings during the
Fall of 2011 entitled, ``TSA Reform: Exploring Innovations in
Technology Procurement to Stimulate Job Growth.'' Over the
course of these hearings, the Subcommittee had the opportunity
to hear from past and present TSA and DHS officials responsible
for technology procurement and development, as well as from
technology companies that serve as critical partners of TSA.
The Subcommittee continues to review and oversee the
Federal Air Marshal Service. The Federal Air Marshal Service
serves as a critical layer of defense in aviation security, and
the Subcommittee continues to work to ensure that the Federal
Air Marshal Service receives the resources and support it needs
to achieve its mission under TSA's new internal structure. The
Subcommittee met with leadership of the Federal Air Marshal
Service to discuss the progress that has been made since the
attacks of September 11, 2001, and the importance of taking a
risk-based approach to security. The Subcommittee postponed a
hearing scheduled for December 13, 2011 to discuss the Federal
Air Marshal Service 10 years after the attacks of September 11,
2001. The Subcommittee held a hearing on this issue on February
16, 2012.
The Subcommittee continues to monitor and review the role
and impact of transportation inspectors, along with TSA's other
partners within DHS and throughout the Federal Government that
play a role in securing our Nation's transportation systems.
Committee staff have received numerous briefings on the role of
transportation security inspectors. In September 2011,
Committee staff conducted a site visit to JFK International
Airport and observed air cargo security inspectors.
Additionally, on February 6, 2012, the Subcommittee conducted a
Member site visit to Washington Dulles International Airport.
On February 28, 2012, the Subcommittee held a Member
briefing to examine TSA's air cargo security initiatives.
Additionally, on March 28, 2012, the Subcommittee held a
hearing to examine TSA's large screening workforce and
bureaucracy.
On March 21, 2012, the Subcommittee held a Member briefing
to discuss TSA's delayed rulemaking regarding Foreign Repair
Stations for Aircraft. As a follow-up to this briefing on March
27, 2012, the Subcommittee Chair and Mr. Walberg sent a letter
to the Secretary of Homeland Security regarding this issue.
The Subcommittee continues to review security breaches and
violations of airport perimeter and access controls. Members of
the Committee and Subcommittee have sent oversight letters to
the Transportation Security Administration regarding perimeter
security and access control. The Subcommittee met with
officials from TSA, as well as local agencies and the private
sector, to discusse this issue. On May 16, 2012, the
Subcommittee held a hearing to examine TSA's access controls
oversight. On May 16, 2012, the Chairman and Ranking Member of
the Subcommittee sent Administrator Pistole a letter to express
concerns regarding TSA's access control oversight
vulnerabilities.
The Subcommittee conducted a site visit to the TSA Systems
Integration Facility located at Washington Reagan National
Airport. Members observed the Credential Authentication
Technology--Boarding Pass Scanning Systems (CAT-BPSS), which
TSA expects will eventually replace the current procedure used
by security officers to verify fraudulent or altered documents
at passenger screening checkpoints at U.S. airports.
surface transportation
The Subcommittee continues to review and oversee the
Transportation Security Administration's (TSA) surface
transportation initiatives. On February 16, 2011, the
Subcommittee held a classified Member briefing from TSA in
order to examine current threats to our Nation's transportation
security. Additionally, the Chair of the Subcommittee sent a
letter to the Assistant Administrator for Transportation Sector
Network Management requesting detailed information on TSA's
efforts to secure pipeline and surface transportation assets.
The Subcommittee considered several pieces of legislation
to improve transportation security. This includes, H.R. 1690,
the MODERN Security Credentials Act. Committee staff met with
various surface transportation stakeholders, both in
preparation for the introduction of H.R. 3011 and H.R. 1690,
and in conducting oversight and review of surface
transportation security. Additionally, on September 30, 2011
Committee staff conducted a site visit to observe the security
of mass transit assets in New York City, New York. In 2012, the
Subcommittee plans to conduct additional site visits to observe
surface transportation security inspectors.
On January 11, 2012, the Subcommittee staff conducted a
site visit to Baltimore-Washington International Airport to
observe surface transportation security inspectors.
On May 31, 2012, the Subcommittee held a hearing entitled
``TSA's Surface Inspection Program: Strengthening Security or
Squandering Scant Resources?'' The Subcommittee received
testimony from Chief John O'Connor, Amtrak Police Department;
Mr. Skip Elliott, Vice President, Public Safety and
Environment, CSX; Mr. Philip L. Byrd Sr., President, Bulldog
Hiway Express, testifying on behalf of the American Trucking
Associations; Mr. William C. Blankenship, Chief Operating
Officer, Greyhound Lines, Inc.; and Mr. Doug Morris, Director,
Safety and Security Operations, Owner-Operator Independent
Drivers Association.
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
federal preparedness and response
During the 112th Congress, the Subcommittee conducted
oversight of efforts at the Federal, State, local, and private
sector levels to prepare for, respond to, and recover from
terrorist attacks and natural disasters. Through a series of
hearings, field hearings, site visits, and briefings, the
Subcommittee worked to ensure that the whole community is
engaged in these efforts. The Subcommittee held hearings to
review the Federal Emergency Management Agency's (FEMA)
implementation of the Post Katrina Emergency Management Reform
Act, to receive the perspective of State and local emergency
response providers, to receive an update on the Federal
Government's ability to alert and warn the public of an
impending emergency, and to assess best practices and lessons
learned from recent disasters. The Subcommittee also approved
legislation authorizing the Integrated Public Alert and Warning
System. The Subcommittee will continue its oversight of these
vital issues to ensure the continued improvement of our
Nation's preparedness and response capabilities.
national response and incident management
The Subcommittee has paid particular attention to the
Administration's development and roll out of Presidential
Policy Directive (PPD) 8 - National Preparedness, which
repealed and replaced Homeland Security Presidential Directive
8, particularly as it relates to the development of the
National Preparedness System and the various mandated
frameworks. Subcommittee Members and staff received numerous
briefings on FEMA's effort to implement the requirements of
PPD-8, including FEMA's review of the National Response
Framework and development of the National Disaster Recovery
Framework. The Subcommittee will continue oversight of the
development and implementation of this important doctrine and
its integration with the National Incident Management System.
interoperable communications
Through a series of briefings and a hearing, the
Subcommittee has conducted oversight on the various offices
responsible for interoperable and emergency communications
within the Department of Homeland Security. The Subcommittee
has met with representatives from the Office of Emergency
Communications (OEC) to assess OEC's leadership role in the
Department and with the Emergency Communications Preparedness
Center. The Subcommittee has also conducted oversight on the
proposed development of a National interoperable wireless
broadband network for public safety. The Subcommittee will
continue this oversight throughout the remainder of the 112th
Congress.
assistance to state and local governments and first responders
The Department of Homeland Security has awarded more than
$34 billion to State and local Governments and first responders
since the September 11th terrorist attacks. To ensure the
Department of Homeland Security is allocating this funding
based on risk, the Subcommittee held a number of hearings and
briefings; including a classified briefing on the risk formula
used to allocate these grant funds. The Subcommittee has paid
particular attention to the Department's oversight of the grant
funds, visiting the Grant Programs Directorate to receive an
update on the development of the Non-Disaster (ND) Grants
System and programmatic and financial reviews of the grant
awards. In addition, the Subcommittee has been monitoring the
FEMA's work with the National Academy of Public Administration
to develop long-overdue performance measures and metrics for
these programs. The Subcommittee also engaged the Government
Accountability Office in work to review the efficiency of these
programs. Finally, the Subcommittee approved H.R. 1129, the
Homeland Security Grant Management Improvement Act on December
8, 2011 to ensure flexibility in the use of State Homeland
Security Grant Program and Urban Area Security Initiative funds
and to ensure the appropriate management and oversight of these
programs. The Subcommittee also approved H.R. 1411, the
Metropolitan Medical Response System Program Act, to authorize
expenditures under the medial preparedness grant program.
In the remainder of the 112th Congress, the Subcommittee
will continue its oversight of these grant programs to ensure
that law enforcement, first responders, and emergency managers
have the tools they need to prevent, prepare for, mitigate
against, and respond to terrorist attacks and natural
disasters.
first responder training
As part of its oversight of first responder training
programs, the Subcommittee conducted a number of site visits to
training centers funded by the Department of Homeland Security
or through first responder grant programs. Committee staff
visited the Center for Domestic Preparedness, the National
Emergency Response and Rescue Training Center, and training
centers run by local law enforcement. The Subcommittee also
received a number of briefings from Federal and State training
providers.
exercises and simulations
Throughout the first session of the 112th Congress,
Subcommittee Members and staff received numerous briefings on
the National Exercise Program and National Level Exercise 2011,
which was held from May 16 through 19, 2011, and simulated a
catastrophic earthquake in the New Madrid Seismic Zone.
Committee staff also observed exercises conducted by the
Department of Defense and local Governments. The Subcommittee
will continue to examine the extent to which lessons learned
are reviewed, incorporated into programs and plans, and shared
with State and local exercise participants.
chemical, biological, radiological, and nuclear planning, preparedness,
and response
The Subcommittee has been effective in implementing its
planned oversight activities for chemical, biological,
radiological, and nuclear (CBRN) preparedness activities. A
Member-level threat briefing regarding weapons of mass
destruction allowed Members to better understand the threat
landscape, and determine where resources should be prioritized.
Members have assessed how well the Department, and the Nation
as a whole, is capable of mitigating CBRN risks. They have done
this through rigorous oversight of the Department's
biosurveillance programs, including BioWatch, through the
introduction and approval of legislation to authorize the
Metropolitan Medical Response System Program, and through
hearings on issues including Office of Health Affairs
priorities and medical countermeasure availability. The series
of hearings held on medical countermeasures in particular
afforded Members an opportunity to ensure that the Department
and its partner agencies have committed resources appropriately
to this priority area. The Subcommittee Chair tasked the
Government Accountability Office with examining the state of
the Nation's surveillance and response capability for an
agricultural incident that would affect homeland security,
including through the means of biological terrorism.
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
cybersecurity
During the 112th Congress the Subcommittee on
Cybersecurity, Infrastructure Protection, and Security
Technologies examined the legislative and policy efforts to
harden the Nation's critical infrastructure against cyber
attacks. Those efforts included a review of the Department of
Homeland Security's ability to detect and prevent malicious
incursions. The Subcommittee held an oversight hearing entitled
``The DHS Cybersecurity Mission: Promoting Innovation and
Securing Critical Infrastructure on April 15, 2011.'' To
understand the nexus between cyber and physical infrastructure
security, the Subcommittee also held a hearing, ``Examining the
Cyber Threat to Critical Infrastructure and the American
Economy'' in March 16, 2011.
The Subcommittee received a briefing on the status of the
Einstein 3 program and from the Director of the United States
Computer Emergency Readiness Team. The Subcommittee organized
three classified Member briefings on cybersecurity operations.
The Chair of the Subcommittee introduced H.R. 3674 to
address the vulnerabilities and on-going cyber threats against
the Nation's critical infrastructures. In the second session of
the 112th Congress, the Subcommittee will focus on the various
cyber missions of the Department of Homeland Security and
review the integration of those missions.
the safety act
While the Support Anti-terrorism by Fostering Effective
Technologies Act (the SAFETY Act) was included as subtitle G of
the Homeland Security Act of 2002, there is a need for
oversight of the certification and designation process during
the 112th Congress. On September 14, 2011, Committee staff
received their first quarterly briefing from the Department of
Homeland Security on the status of SAFETY Act implementation.
Topics discussed included SAFETY Act progress in terms of
numbers of certifications and designations, addition of new
block designations and certifications, and other
accomplishments to-date as well as challenges.
critical infrastructure protection
As part of its oversight of the Department of Homeland
Security's (DHS) efforts to secure the Nation's critical
infrastructure, the Subcommittee held a series of briefings and
initiated Government Accountability Office (GAO) studies on its
efforts to integrate sector specific strategies into the
National Strategy for Critical Infrastructure Protection. The
Subcommittee has also monitored the Department of
Infrastructure Protection's ability to identify and assess
threats to critical infrastructures. The Subcommittee has
requested GAO investigations into the tiering methodology for
critical infrastructure and ordered a review of the
Department's ability to identify and plan around cross-sector
dependencies.
To review the Office of Infrastructure Protection's ability
to share information and manage relationships with private
sector and academic partners the Subcommittee conducted
numerous site visits. Those include but are not exclusive to: a
briefing, and a tour of a transatlantic cable landing vessel,
on-site briefings at a DHS Center of Excellence, overview of
electric grid vulnerability assessments in Arlington County,
and a visit to the Department of Defense Cyber Command.
In the course of monitoring the Department's expanding
international portfolio in the area of critical infrastructure,
Committee staff has received briefings from department
officials, including but not exclusive to: a July 20, 2011
classified briefing on the Critical Foreign Dependencies
Initiative, and Operation Global Shield, a counter-
proliferation initiative launched by the Department. Bipartisan
staff traveled with DHS officials to observe the Department's
organization and stewardship of the annual US--EU Critical
Infrastructure Experts Meeting.
As the 112th Congress progresses, the Subcommittee will
continue focusing on the organization and functionality of the
office, its ability to execute its strategic plan, the quality
of its information sharing efforts with stakeholders, and its
implementation of recommendations from the GAO and the 9/11
Commission.
safety and security of federal buildings and facilities
On July 26, 2011, the Chair of the Subcommittee introduced
H.R. 2658, the Federal Protective Service Reform and
Enhancement Act. The bill aims to improve security of Federal
facilities by directing the Secretary of Homeland Security to
establish minimum training standards, improve systems for
verifying guard certifications, and standardize training.
Committee staff conducted a number of site visits and meetings
with the Federal Protective Service (FPS) to address on-going
concerns with contract guard management and site security
assessments. The Subcommittee Chair sent four letters
requesting GAO studies to delve further into FPS' challenges.
Those requests include a request to review the adequacy of
Federal evacuation plans, a status update on FPS' management of
its contract guard program, FPS plans for conducting facility
risk assessments in light of management delays, and a review of
the adequacy of those assessments. Subcommittee Chairman
Lungren and Committee staff will continue to hold hearings and
conduct oversight of Federal Protective Service's ability to
carry out its mission.
chemical facility security
The Subcommittee held a hearing entitled ``Preventing
Chemical Terrorism: Building a Foundation of Security at Our
Nation's Chemical Facilities'' on February 11, 2011. Following
this oversight hearing, the Subcommittee introduced H.R. 901
the Chemical Facility Anti-Terrorism Security Authorization Act
of 2011 (CFATS). Committee staff participated in numerous
meetings, including conferences, with CFATS stakeholders.
From January through December, staff met with various
representatives from the private sector in addition to Federal
Government entities impacted, or prospectively impacted, by
CFATS, including the DHS National Protection and Programs
Directorate, the United States Coast Guard, the Environmental
Protection Agency, and the Nuclear Regulatory Commission. In
addition to working towards the passage of H.R. 901, or similar
extension of CFATS authority, the Committee's legislative and
oversight priorities will focus on CFATS implementation and
oversight of the ammonium nitrate rule.
The Subcommittee will continue oversight of the Chemical
Facility Anti-Terrorism Standards Program with particular focus
on processes designed to address the Infrastructure Security
Compliance Division.
science and technology
The Subcommittee has undertaken a series of oversight
measures aimed at ensuring that the Department of Homeland
Security's Science and Technology Directorate (S&T) is capable
of rapidly delivering needed products and services to its
customers so that they can meet their homeland security
mission. The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies held an important
oversight hearing at which the Under Secretary for Science and
Technology testified on plans for ensuring successful
allocation of limited resources. This hearing allowed
examination of the Department's progress in developing a more
rigorous process to identify, prioritize, and fund research,
development, testing, and evaluation opportunities. Committee
staff have also undertaken a series of in-depth briefings with
the Directorate, which will continue throughout the 112th
Congress. These meetings, which cover priorities, budgeting,
timelines, and forward project planning, address the spectrum
of S&T's activities, and are critical to keeping Members
informed about successes and continued challenges within the
Directorate.
The Science and Technology title of H.R. 3116, the
authorization bill for the Department, emphasized Member
priorities for ensuring that the Department is sufficiently
focused and organized in its efforts to coordinate the homeland
security research and development agenda and ensure adequate
leveraging of existing scientific knowledge and technical
expertise.
technology to counter chemical, biological, radiological, and nuclear
threats
The Subcommittee has undertaken oversight to examine and
address gaps in the Nation's capability to counter the threat
from chemical, biological, radiological, and nuclear (CBRN)
weapons. A joint subcommittee hearing was held to examine
legislation (H.R.2356) to address policy needs in weapons of
mass destruction prevention and preparedness. Staff meetings
with the Department on the status of efforts such as prevention
and preparedness for CBRN terrorism at the new World Trade
Center site, progress of the BioWatch detection program, and
status of implementation of the Global Nuclear Detection
Architecture have all informed oversight over CBRN
preparedness, particularly with regard to technology. GAO
requests and Member letters are providing further information
on the Department's detection and analysis capabilities. Site
visits to locations such as the National Bioforensics and
Analysis Center and a full scale exercise of the Securing the
Cities program allow further important insight into
interdiction, response, and attribution capabilities.
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
departmental operations and efficiency initiatives
During the 112th Congress the Subcommittee on Oversight,
Investigations, and Management oversaw the Department of
Homeland Security's (DHS) day to day operations to ensure it
was functioning in the most efficient and effective manner
possible. The Subcommittee conducted briefings with numerous
agencies, including the DHS Under Secretary for Management and
the Chief Human Capital Officers.
In an effort to review specific DHS component practices and
regulations, on October 17, 2011, the Subcommittee held a field
hearing at the Texas State Capitol in Austin, Texas entitled
``Texas Wildfire Review: Did Bureaucracy Prevent a Timely
Response?'' The Subcommittee examined the Federal response to
the wildfire disaster, and the process by which local and State
Government had to initiate in order to receive necessary
support from the Federal Government. In addition, prior to the
hearing, Committee staff conducted a site visit to Bastrop,
Texas to view the damage as a result of the fires and meet with
Texas Department of Public Safety officials.
The Subcommittee also worked to identify potential
opportunities to eliminate duplicative or unnecessary programs,
find efficiencies that contribute to the Department's ability
to meet its vital missions, and identify areas for cost
savings. The Subcommittee held a hearing entitled, ``Homeland
Security Contracting: Does the Department Effectively Leverage
Emerging Technologies?''
Furthermore, the Subcommittee conducted oversight to ensure
departmental regulations enhanced security without posing an
unnecessary barrier to job creation. On July 7, 2011, the
Subcommittee held a hearing entitled, ``Homeland Security
Investigations: Examining DHS's efforts to Protect American
Jobs and Secure the Homeland.'' The Chair of the Subcommittee
and two Subcommittee Members sent a letter to the Secretaries
of Homeland Security and Treasury requesting information in
regards to the Trade Secrets Act and how it has been applied to
U.S. Customs and Border Protection policy between Government
and private sector efforts to combat intellectual property
theft.
Violence along the U.S. Southwestern Border has become an
increasing problem for the safety and security of our Nation's
citizens. To examine this threat and locate potential gaps in
homeland security, the Subcommittee held a hearing entitled ``A
Call to Action: Narco-Terrorism's Threat to the Southern U.S.
Border.'' The Chair of the Subcommittee sent a letter to the
Secretary of Homeland Security regarding the findings reached
as a result of the hearing and requesting the Department review
and further develop a comprehensive border strategy. In
accordance with the Subcommittee's focus of border threats, the
Subcommittee also examined the Merida Initiative and
participated in a joint hearing with the Committee on Foreign
Affairs Subcommittee on Western Hemisphere to assess the
Initative's potential benefits and its effectiveness against
terrorist operations of drug cartels.
During the 2nd session of the 112th Congress, the
Subcommittee continued its oversight of the Department's day to
day operations. In an effort to examine the current strategy
documents produced by the Department that guide its daily
programs and activities and to monitor their effective
implementation, on February 3, 2012, the Subcommittee held a
hearing entitled ``Is DHS Effectively Implementing a Strategy
to Counter Emerging Threats?'' In addition, to continue its
examination of duplication and opportunities for cost savings
within the Department, on March 8, 2012, the Subcommittee held
a hearing entitled ``Eliminating Waste, Fraud, Abuse, and
Duplication in the Department of Homeland Security.''
financial management
The Transformation and Systems Consolidation (TASC) project
was launched to consolidate DHS's 13 separate financial
management systems into one unified system. In an effort to
review this project, the Subcommittee held several meetings
with Governmental and private sector stakeholders to discuss
the TASC contract. Additionally, the Chair of the Subcommittee
and the Chair of the Subcommittee on Emergency Preparedness,
Response and Communications sent a letter to the FEMA
administrator regarding the processes that are in place to vet
employees, particularly those with access to financial systems
and internal controls within FEMA's payroll systems to help
identify possible fraudulent activity.
The Department still lacks effective program management,
clear roles and processes for program governance, sharing of
best practices, and access to timely, reliable and analyzed
data on more than $18 billion in acquisitions and investments.
As a result, on March 1, 2012, the Subcommittee held a hearing
entitled ``Building One DHS: Why Can't Management Information
be Integrated?''
In addition, on April 27, 2012, the Subcommittee Chair sent
a letter to the Under Secretary for Management of the
Department of Homeland Security requesting information
regarding National and international conferences attended by
DHS personnel and how resources are spent.
The Subcommittee plans to continue to monitor TASC during
the second session of this Congress and will also review the
Department's efforts to enhance internal controls and provide
information that will enable positive audits.
departmental workforce
The Subcommittee monitored and will continue to monitor the
Department's efforts to recruit and retain personnel and
employee morale issues. The Chair and Ranking Member of the
Subcommittee sent a letter to the Government Accountability
Office requesting specific information on the extent to which
the Department of Homeland Security (DHS) has identified the
root causes of low employee morale and progress made in
addressing these issues within the Department. In addition,
throughout the first session of the 112th Congress, Committee
staff met with management leaders at DHS, including its Chief
Human Capital Officer, Chief Procurement Officer, Chief
Financial Officer, Chief Administrative Officer, and Chief
Information Officer.
During the second session of the 112th Congress in a
continued effort to examine the problem of low morale, on March
22, 2012, the Subcommittee held a hearing entitled ``Building
One DHS: Why is Employee Morale Low?'' Following the March 22
hearing, the Subcommittee chair sent a letter to the Secretary
of Homeland Security encouraging the Department to work with
stakeholders, leadership, and DHS employees to adopt a robust
plan to improve morale within the agency.
On February 9, 2012 the Subcommittee hosted a Member
briefing on the Department's management goals and priorities
for 2012. The briefing was led by the DHS Under Secretary for
Management, Mr. Rafael Borras. Main topics covered during the
briefing included strengthening DHS's acquisition process,
contracting duplication, a simplified budget structure,
improper payments, and progress made on the Department's
``qualified'' audit opinion.
The Subcommittee Chair sent a letter to the Comptroller
General of the United States on April 24, 2012, requesting to
be a co-requester of two reports that GAO is preparing on the
Department of Homeland Security's Office of Policy and
intelligence analysis capabilities at the request of the Senate
Committee on Homeland Security and Governmental Affairs.
Over the past two years several reports of DHS employees
acting unethically and in some cases criminally have eroded the
faith entrusted to them by the American people. In response,
the Subcommittee held a hearing on May 17, 2012, entitled
``Department of Homeland Security: An Examination of Ethical
Standards.'' Furthermore, on April 24, 2012, the Subcommittee
Chair asked to become a co-requester of a report that the
Government Accountability Office (GAO) is preparing on
personnel misconduct in the Transportation Security
Administration at the request of the Chairman of the House
Transportation and Infrastructure Committee. In addition,
Subcommittee staff again met with management leaders at DHS.
information technology systems management
In an effort to review the Department of Homeland
Security's (DHS) practices to address information technology
challenges, including the management and integration of the
Department's information technology (IT) systems, the
Department's progress in IT architectural planning, investment
management, policy development and operations, the Chair and
Ranking Member of the Subcommittee sent a letter to the
Government Accountability Office (GAO) requesting a review to
assess how the Department is managing IT investments.
Additionally, the Chair and Ranking Member of the Subcommittee
requested GAO to evaluate the extent to which DHS has
established IT governance and oversight structures and how
these are being used to manage and oversee IT investments.
hspd-12 implementation
During the second session of the 112th Congress, the
Subcommittee plans to further monitor and examine the
Department's implementation of Homeland Security Presidential
Directive-12 (HSPD-12), including DHS's completion of card
issuance, installation of card readers, and other
identification security efforts.
headquarters consolidation
The Subcommittee conducted a Member site visit to the
Department of Homeland Security Consolidated Headquarters site
at St. Elizabeths to examine the progress of construction and
the status of consolidation efforts. As a continued effort to
closely monitor this project, during the second session of the
112th Congress, Subcommittee staff were briefed from DHS
officials and General Services Administration on updates to the
St. Elizabeths facility and discussed upcoming budget requests.
acquisition management
As an additional oversight responsibility, the Subcommittee
reviewed the efforts of the Department of Homeland Security
(DHS) to improve the integration and coordination of the
procurement functions of its components to ensure effective
management and the prevention of contract waste, fraud and
abuse. The Chair and Ranking Member of the Subcommittee sent a
letter to the Government Accountability Office (GAO) requesting
a review of contracting mechanisms at the Department. The
Subcommittee met with the Chief Procurement Officer at DHS to
discuss management authorities and procurement activities.
Furthermore, in an effort to review the Department's
implementation of Section 831(a) of the Homeland Security Act
of 2002, and to examine DHS's process for seeking out
technologies across DHS components, the Federal Government and
the private sector, the Subcommittee held a hearing entitled,
``Homeland Security Contracting: Does the Department
Effectively Leverage Emerging Technologies?''
Furthermore, on March, 21, 2012, the Subcommittee Chair
sent a letter to the Comptroller General asking to be a co-
requester of a report that GAO is preparing on the Department
of Homeland Security's acquisition policy at the request of the
Senate Committee on Homeland Security and Governmental Affairs.
privacy and civil liberties
The Subcommittee held a field hearing entitled, ``Ten Years
After 9/11: Assessing Airport Security and Preventing a Future
Terrorist Attack,'' which examined the Screening Passengers by
Observation Techniques (SPOT) program. SPOT attempts to screen
passengers using a behavioral analysis technique which some
believe is discriminatory. On December 9, 2011, the Chair of
the Subcommittee sent a letter to the Secretary of Homeland
Security regarding the hearing's findings and recommendations.
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A P P E N D I C E S
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APPENDIX I
Committee Rules--Committee on Homeland Security
Adopted January 26, 2011
RULE I.--GENERAL PROVISIONS.
(A) Applicability of the Rules of the U.S. House of
Representatives.--The Rules of the U.S. House of
Representatives (the ``House'') are the rules of the
Committee on Homeland Security (the ``Committee'') and
its subcommittees insofar as applicable.
(B) Applicability to Subcommittees.--Except where the
terms ``Full Committee'' and ``subcommittee'' are
specifically mentioned, the following rules shall apply
to the Committee's subcommittees and their respective
Chairmen and Ranking Minority Members to the same
extent as they apply to the Full Committee and its
Chairman and Ranking Minority Member.
(C) Appointments by the Chairman.--Clause 2(d) of Rule
XI of the House shall govern the designation of a Vice
Chairman of the Full Committee.
(D) Recommendation of Conferees.--Whenever the Speaker
of the House is to appoint a conference committee on a
matter within the jurisdiction of the Full Committee,
the Chairman shall recommend to the Speaker of the
House conferees from the Full Committee. In making
recommendations of Minority Members as conferees, the
Chairman shall do so with the concurrence of the
Ranking Minority Member of the Committee.
(E) Motions to Disagree.--The Chairman is directed to
offer a motion under clause 1 of Rule XXII of the Rules
of the House whenever the Chairman considers it
appropriate.
(F) Committee Website.--The Chairman shall maintain an
official Committee web site for the purposes of
furthering the Committee's legislative and oversight
responsibilities, including communicating information
about the Committee's activities to Committee Members,
other Members, and the public at large. The Ranking
Minority Member may maintain a similar web site for the
same purposes. The official Committee web site shall
display a link on its home page to the web site
maintained by the Ranking Minority Member.
(G) Activity Report.--Not later than the 30th day after
June 1 and December 1, the Committee shall submit to
the House a semiannual report on the activities of the
Committee. After adjournment sine die of a regular
session of Congress, or after December 15, whichever
occurs first, the Chair may file the second or fourth
semiannual report with the Clerk at any time and
without approval of the Committee provided that a copy
of the report has been available to each Member of the
Committee for at least seven calendar days and the
report includes any supplemental, minority, or
additional views submitted by a Member of the
Committee.
RULE II.--TIME OF MEETINGS.
(A) Regular Meeting Date.--The regular meeting date and
time for the transaction of business of the Full
Committee shall be at 10:00 a.m. on the first Wednesday
that the House is in Session each month, unless
otherwise directed by the Chairman.
(B) Additional Meetings.--At the discretion of the
Chairman, additional meetings of the Committee may be
scheduled for the consideration of any legislation or
other matters pending before the Committee or to
conduct other Committee business. The Committee shall
meet for such purposes pursuant to the call of the
Chairman.
(C) Consideration.--Except in the case of a special
meeting held under clause 2(c)(2) of House Rule XI, the
determination of the business to be considered at each
meeting of the Committee shall be made by the Chairman.
RULE III.--NOTICE AND PUBLICATION.
(A) Notice.--
(1) Hearings.--Pursuant to clause 2(g)(3) of
rule XI of the Rules of the House of
Representatives, the Chairman of the Committee
shall make public announcement of the date,
place, and subject matter of any hearing before
the Full Committee or subcommittee, which may
not commence earlier than one week after such
notice. However, if the Chairman of the
Committee, with the concurrence of the Ranking
Minority Member, determines that there is good
cause to begin the hearing sooner, or if the
Committee so determines by majority vote, a
quorum being present for the transaction of
business, the Chairman shall make the
announcement at the earliest possible date. The
names of all witnesses scheduled to appear at
such hearing shall be provided to Members no
later than 48 hours prior to the commencement
of such hearing.
(2) Meetings.--The date, time, place and
subject matter of any meeting, other than a
hearing or a regularly scheduled meeting, may
not commence earlier than the third day on
which Members have notice thereof except in the
case of a special meeting called under clause
2(c)(2) of House Rule XI. These notice
requirements may be waived if the Chairman with
the concurrence of the Ranking Minority Member,
determines that there is good cause to begin
the meeting sooner or if the Committee so
determines by majority vote, a quorum being
present for the transaction of business.
(a) Copies of any measure or matter to
be considered for approval by the
Committee at any meeting, including any
mark, print or amendment in the nature
of a substitute shall be provided to
the Members at least 24 hours in
advance.
(b) At least 24 hours prior to the
commencement of a meeting for the
markup of a measure or matter, the text
of such measure or matter, including
any mark, print or amendment in the
nature of a substitute, shall be made
publicly available in electronic form
and, to the extent practicable, posted
on the official Committee web site.
(c) Not later than 24 hours after
concluding a meeting to consider a
measure or matter, the text of such
measure or matter as ordered forwarded
or reported, including any adopted
amendments, shall be made publicly
available in electronic form and, to
the extent practicable, posted on the
official Committee web site.
(3) Publication.--The meeting or hearing
announcement shall be promptly published in the
Daily Digest portion of the Congressional
Record. To the greatest extent practicable,
meeting announcements shall be entered into the
Committee scheduling service of the House
Information Resources.
RULE IV.--OPEN MEETINGS AND HEARINGS; BROADCASTING.
(A) Open Meetings.--All meetings and hearings of the
Committee shall be open to the public including to
radio, television, and still photography coverage,
except as provided by Rule XI of the Rules of the House
or when the Committee, in open session and with a
majority present, determines by recorded vote that all
or part of the remainder of that hearing on that day
shall be closed to the public because disclosure of
testimony, evidence, or other matters to be considered
would endanger the National security, compromise
sensitive law enforcement information, tend to defame,
degrade or incriminate a witness, or violate any law or
rule of the House of Representatives.
(B) Broadcasting.--Whenever any hearing or meeting
conducted by the Committee is open to the public, the
Committee shall permit that hearing or meeting to be
covered by television broadcast, internet broadcast,
print media, and still photography, or by any of such
methods of coverage, in accordance with the provisions
of clause 4 of Rule XI of the Rules of the House.
Operation and use of any Committee operated broadcast
system shall be fair and nonpartisan and in accordance
with clause 4(b) of Rule XI and all other applicable
rules of the Committee and the House. Priority shall be
given by the Committee to members of the Press
Galleries. Pursuant to clause 2(e) of rule XI of the
Rules of the House of Representatives, the Committee
shall, to the greatest extent practicable, provide
audio and video coverage of each hearing or meeting in
a manner that allows the public to easily listen to and
view the proceedings and shall maintain the recordings
of such coverage in a manner that is easily accessible
to the public.
(C) Transcripts.--A transcript shall be made of the
testimony of each witness appearing before the
Committee during a Committee hearing. All transcripts
of meetings or hearings that are open to the public
shall be made available.
RULE V.--PROCEDURES FOR MEETINGS AND HEARINGS.
(A) Opening Statements.--At any meeting of the
Committee, the Chairman and Ranking Minority Member
shall be entitled to present oral opening statements of
five minutes each. Other Members may submit written
opening statements for the record. The Chairman
presiding over the meeting may permit additional
opening statements by other Members of the Full
Committee or of that subcommittee, with the concurrence
of the Ranking Minority Member.
(B) The Five--Minute Rule.--The time any one Member may
address the Committee on any bill, motion, or other
matter under consideration by the Committee shall not
exceed five minutes, and then only when the Member has
been recognized by the Chairman, except that this time
limit may be extended when permitted by unanimous
consent.
(C) Postponement of Vote.--The Chairman may postpone
further proceedings when a record vote is ordered on
the question of approving any measure or matter or
adopting an amendment. The Chairman may resume
proceedings on a postponed vote at any time, provided
that all reasonable steps have been taken to notify
Members of the resumption of such proceedings,
including, when practicable, circulation of notice by
the Clerk of the Committee. When proceedings resume on
a postponed question, notwithstanding any intervening
order for the previous question, an underlying
proposition shall remain subject to further debate or
amendment to the same extent as when the question was
postponed.
(D) Contempt Procedures.--No recommendation that a
person be cited for contempt of Congress shall be
forwarded to the House unless and until the Full
Committee has, upon notice to all its Members, met and
considered the alleged contempt. The person to be cited
for contempt shall be afforded, upon notice of at least
72 hours, an opportunity to state why he or she should
not be held in contempt prior to a vote of the Full
Committee, with a quorum being present, on the question
whether to forward such recommendation to the House.
Such statement shall be, in the discretion of the
Chairman, either in writing or in person before the
Full Committee.
RULE VI.--WITNESSES.
(A) Questioning of Witnesses.--
(1) Questioning of witnesses by Members will be
conducted under the five--minute rule unless
the Committee adopts a motion permitted by
clause 2(j)(2) of House Rule XI.
(2) In questioning witnesses under the five--
minute rule, the Chairman and the Ranking
Minority Member shall first be recognized. In a
subcommittee meeting or hearing, the Chairman
and Ranking Minority Member of the Full
Committee are then recognized. All other
Members that arrive before the commencement of
the meeting or hearing will be recognized in
the order of seniority on the Committee,
alternating between Majority and Minority
Members. Committee Members arriving after the
commencement of the hearing shall be recognized
in order of appearance, alternating between
Majority and Minority Members, after all
Members present at the beginning of the hearing
have been recognized. Each Member shall be
recognized at least once before any Member is
given a second opportunity to question a
witness.
(3) The Chairman, in consultation with the
Ranking Minority Member, or the Committee by
motion, may permit an extension of the period
of questioning of a witness beyond five minutes
but the time allotted must be equally
apportioned to the Majority party and the
Minority and may not exceed one hour in the
aggregate.
(4) The Chairman, in consultation with the
Ranking Minority Member, or the Committee by
motion, may permit Committee staff of the
Majority and Minority to question a witness for
a specified period of time, but the time
allotted must be equally apportioned to the
Majority and Minority staff and may not exceed
one hour in the aggregate.
(B) Minority Witnesses.--Whenever a hearing is
conducted by the Committee upon any measure or matter,
the Minority party Members on the Committee shall be
entitled, upon request to the Chairman by a majority of
those Minority Members before the completion of such
hearing, to call witnesses selected by the Minority to
testify with respect to that measure or matter during
at least one day of hearing thereon.
(C) Oath or Affirmation.--The Chairman of the Committee
or any Member designated by the Chairman, may
administer an oath to any witness.
(D) Statements by Witnesses.--
(1) Consistent with the notice given, witnesses
shall submit a prepared or written statement
for the record of the proceedings (including,
where practicable, an electronic copy) with the
Clerk of the Committee no less than 48 hours in
advance of the witness's appearance before the
Committee. Unless the 48 hour requirement is
waived or otherwise modified by the Chairman,
after consultation with the Ranking Minority
Member, the failure to comply with this
requirement may result in the exclusion of the
written testimony from the hearing record and/
or the barring of an oral presentation of the
testimony. The Clerk of the Committee shall
provide any such prepared or written statement
submitted to the Clerk prior to the hearing to
the Members of the Committee prior to the
commencement of the hearing.
(2) To the greatest extent practicable, the
written testimony of each witness appearing in
a non--Governmental capacity shall include a
curriculum vita and a disclosure of the amount
and source (by agency and program) of any
Federal grant (or subgrant thereof) or contract
(or subcontract thereof) received during the
current fiscal year or either of the two
preceding fiscal years by the witness or by an
entity represented by the witness. Such
disclosures shall be made publicly available,
with appropriate redactions to protect the
privacy of the witness, in electronic form not
later than one day after the witness appears.
RULE VII.--QUORUM.
Quorum Requirements.--Two Members shall constitute a quorum
for purposes of taking testimony and receiving evidence. One--
third of the Members of the Committee shall constitute a quorum
for conducting business, except for (1) reporting a measure or
recommendation; (2) closing Committee meetings to the public,
pursuant to Committee Rule IV; (3) authorizing the issuance of
subpoenas; and (4) any other action for which an actual
majority quorum is required by any rule of the House of
Representatives or by law. The Chairman shall make reasonable
efforts, including consultation with the Ranking Minority
Member when scheduling meetings and hearings, to ensure that a
quorum for any purpose will include at least one Minority
Member of the Committee.
RULE VIII.--DECORUM.
(A) Breaches of Decorum.--The Chairman may punish
breaches of order and decorum, by censure and exclusion
from the hearing; and the Committee may cite the
offender to the House for contempt.
(B) Access to Dais.----Access to the dais before,
during, and after a hearing, markup, or other meeting
of the Committee shall be limited to Members and staff
of the Committee. Subject to availability of space on
the dais, Committee Members' personal staff may be
present on the dais during a hearing if their employing
Member is seated on the dais and during a markup or
other meeting if their employing Member is the author
of a measure or amendment under consideration by the
Committee, but only during the time that the measure or
amendment is under active consideration by the
Committee, or otherwise at the discretion of the
Chairman, or of the Ranking Minority Member for
personal staff employed by a Minority Member.
(C) Wireless Communications Use Prohibited.--During a
hearing, mark--up, or other meeting of the Committee,
ringing or audible sounds or conversational use of
cellular telephones or other electronic devices is
prohibited in the Committee room.
RULE IX.--SUBCOMMITTEES.
(A) Generally.--The Full Committee shall be organized
into the following six standing subcommittees and shall
have specific responsibility for such measures or
matters as the Chairman refers to it:
(1) Subcommittee on Border and Maritime
Security
(2) Subcommittee on Emergency Preparedness,
Response and Communications
(3) Subcommittee on Transportation Security
(4) Subcommittee on Counterterrorism and
Intelligence
(5) Subcommittee on Cybersecurity,
Infrastructure Protection, and Security
Technologies
(6) Subcommittee on Oversight, Investigations,
and Management
(B) Selection and Ratio of Subcommittee Members.--The
Chairman and Ranking Minority Member of the Full
Committee shall select their respective Members of each
subcommittee. The ratio of Majority to Minority Members
shall be comparable to the Full Committee, except that
each subcommittee shall have at least two more Majority
Members than Minority Members.
(C) Ex Officio Members.--The Chairman and Ranking
Minority Member of the Full Committee shall be ex
officio members of each subcommittee but are not
authorized to vote on matters that arise before each
subcommittee. The Chairman and Ranking Minority Member
of the Full Committee shall only be counted to satisfy
the quorum requirement for the purpose of taking
testimony and receiving evidence.
(D) Powers and Duties of Subcommittees.--Except as
otherwise directed by the Chairman of the Full
Committee, each subcommittee is authorized to meet,
hold hearings, receive testimony, mark up legislation,
and report to the Full Committee on all matters within
its purview. Subcommittee Chairmen shall set hearing
and meeting dates only with the approval of the
Chairman of the Full Committee. To the greatest extent
practicable, no more than one meeting and hearing
should be scheduled for a given time.
(E) Special Voting Provision.--If a tie vote occurs in
a Subcommittee on the question of forwarding any
measure to the Full Committee, the measure shall be
placed on the agenda for Full Committee consideration
as if it had been ordered reported by the Subcommittee
without recommendation.
RULE X.--COMMITTEE PANELS.
(A) Designation.--The Chairman of the Full Committee,
with the concurrence of the Ranking Minority Member,
may designate a panel of the Committee consisting of
Members of the Committee to inquire into and take
testimony on a matter or matters that warrant enhanced
consideration and to report to the Committee.
(B) Duration.--No panel appointed by the Chairman shall
continue in existence for more than six months after
the appointment.
(C) Party Ratios and Appointment.--Consistent with the
party ratios established by the Majority party, all
Majority members of the panels shall be appointed by
the Chairman of the Committee, and all Minority members
shall be appointed by the Ranking Minority Member of
the Committee. The Chairman of the Committee shall
choose one of the Majority Members so appointed who
does not currently chair another Subcommittee of the
Committee to serve as Chairman of the panel. The
Ranking Minority Member of the Committee shall
similarly choose the Ranking Minority Member of the
panel.
(D) Ex Officio Members.--The Chairman and Ranking
Minority Member of the Full Committee may serve as ex--
officio Members of each committee panel but are not
authorized to vote on matters that arise before a
committee panel and shall not be counted to satisfy the
quorum requirement for any purpose other than taking
testimony.
(E) Jurisdiction.--No panel shall have legislative
jurisdiction.
(F) Applicability of Committee Rules.--Any designated
panel shall be subject to all Committee Rules herein.
RULE XI.--REFERRALS TO SUBCOMMITTEES.
Referral of Bills and Other Matters by Chairman.--Except
for bills and other matters retained by the Chairman for Full
Committee consideration, each bill or other matter referred to
the Full Committee shall be referred by the Chairman to one or
more subcommittees within two weeks of receipt by the
Committee. In referring any measure or matter to a
subcommittee, the Chair may specify a date by which the
subcommittee shall report thereon to the Full Committee. Bills
or other matters referred to subcommittees may be reassigned or
discharged by the Chairman.
RULE XII.--SUBPOENAS.
(A) Authorization.--Pursuant to clause 2(m) of Rule XI
of the House, a subpoena may be authorized and issued
under the seal of the House and attested by the Clerk
of the House, and may be served by any person
designated by the Full Committee for the furtherance of
an investigation with authorization by--
(1) a majority of the Full Committee, a quorum
being present; or
(2) the Chairman of the Full Committee, after
consultation with the Ranking Minority Member
of the Full Committee, during any period for
which the House has adjourned for a period in
excess of 3 days pursuant to a concurrent
resolution when, in the opinion of the Chairman
of the Full Committee, authorization and
issuance of the subpoena is necessary to obtain
the material or testimony set forth in the
subpoena. The Chairman of the Full Committee
shall notify Members of the Committee of the
authorization and issuance of a subpoena under
this rule as soon as practicable, but in no
event later than one week after service of such
subpoena.
(B) Disclosure.--Provisions may be included in a
subpoena with the concurrence of the Chairman and the
Ranking Minority Member of the Full Committee, or by
the Committee, to prevent the disclosure of the Full
Committee's demands for information when deemed
necessary for the security of information or the
progress of an investigation, including but not limited
to prohibiting the revelation by witnesses and their
counsel of Full Committee's inquiries.
(C) Subpoena duces tecum.--A subpoena duces tecum may
be issued whose return to the Committee Clerk shall
occur at a time and place other than that of a
regularly scheduled meeting.
(D) Affidavits and Depositions.--The Chairman of the
Full Committee, in consultation with the Ranking
Minority Member of the Full Committee, or the Committee
may authorize the taking of an affidavit or deposition
with respect to any person who is subpoenaed under
these rules but who is unable to appear in person to
testify as a witness at any hearing or meeting. Notices
for the taking of depositions shall specify the date,
time and place of examination. Depositions shall be
taken under oath administered by a Member or a person
otherwise authorized by law to administer oaths. Prior
consultation with the Ranking Minority Member of the
Full Committee shall include written notice three
business days before any deposition is scheduled to
provide an opportunity for Minority staff to be present
during the questioning.
RULE XIII.--COMMITTEE STAFF.
(A) Generally.--Committee staff members are subject to
the provisions of clause 9 of House Rule X and must be
eligible to be considered for routine access to
classified information.
(B) Staff Assignments.--For purposes of these rules,
Committee staff means the employees of the Committee,
detailees, fellows, or any other person engaged by
contract or otherwise to perform services for, or at
the request of, the Committee. All such persons shall
be either Majority, Minority, or shared staff. The
Chairman shall appoint, determine remuneration of,
supervise, and may remove Majority staff. The Ranking
Minority Member shall appoint, determine remuneration
of, supervise, and may remove Minority staff. In
consultation with the Ranking Minority Member, the
Chairman may appoint, determine remuneration of,
supervise and may remove shared staff that is assigned
to service of the Committee. The Chairman shall certify
Committee staff appointments, including appointments by
the Ranking Minority Member, as required.
(C) Divulgence of Information.--Prior to the public
acknowledgement by the Chairman or the Committee of a
decision to initiate an investigation of a particular
person, entity, or subject, no member of the Committee
staff shall knowingly divulge to any person any
information, including non--classified information,
which comes into his or her possession by virtue of his
or her status as a member of the Committee staff, if
the member of the Committee staff has a reasonable
expectation that such information may alert the subject
of a Committee investigation to the existence, nature,
or substance of such investigation, unless authorized
to do so by the Chairman or the Committee.
RULE XIV.--COMMITTEE MEMBER AND COMMITTEE STAFF TRAVEL.
(A) Approval of Travel.--Consistent with the primary
expense resolution and such additional expense
resolutions as may have been approved, travel to be
reimbursed from funds set aside for the Committee for
any Committee Member or Committee staff shall be paid
only upon the prior authorization of the Chairman.
Travel may be authorized by the Chairman for any
Committee Member or Committee staff only in connection
with official Committee business, such as the
attendance of hearings conducted by the Committee and
meetings, conferences, site visits, and investigations
that involve activities or subject matters under the
general jurisdiction of the Full Committee.
(1) Proposed Travel by Majority Party Committee
Members and Committee Staff.--In the case of
proposed travel by Majority party Committee
Members or Committee staff, before such
authorization is given, there shall be
submitted to the Chairman in writing the
following: (a) the purpose of the travel; (b)
the dates during which the travel is to be made
and the date or dates of the event for which
the travel is being made; (c) the location of
the event for which the travel is to be made;
(d) the estimated total cost of the travel; and
(e) the names of Members and staff seeking
authorization. On the basis of that
information, the Chairman shall determine
whether the proposed travel is for official
Committee business, concerns a subject matter
under the jurisdiction of the Full Committee,
and is not excessively costly in view of the
Committee business proposed to be conducted.
(2) Proposed Travel by Minority Party Committee
Members and Committee Staff.--In the case of
proposed travel by Minority party Committee
Members or Committee staff, the Ranking
Minority Member shall provide to the Chairman a
written representation setting forth the
information specified in items (a), (b), (c),
(d) and (e) of subparagraph (1) and his or her
determination that such travel complies with
the other requirements of subparagraph (1).
(B) Foreign Travel.--All Committee Members and
Committee staff requests for foreign travel must
include a written representation setting forth the
information specified in items (a), (b), (c), (d) and
(e) of subparagraph (A)(1) and be submitted to the
Chairman not fewer than ten business days prior to the
start of the travel. Within thirty days of the
conclusion of any such foreign travel authorized under
this rule, there shall be submitted to the Chairman a
written report summarizing the information gained as a
result of the travel in question, or other Committee
objectives served by such travel. The requirements of
this section may be waived or abridged by the Chairman.
(C) Compliance with Committee Travel Policy and
Guidelines.--Travel must be in accordance with the
Committee Travel Policy and Guidelines, as well as with
House Rules, the Travel Guidelines and Regulations and
any additional guidance set forth by the Committee on
Ethics and the Committee on House Administration.
Committee Members and staff shall follow these rules,
policies, guidelines, and regulations in requesting and
proceeding with any Committee--related travel.
RULE XV.--CLASSIFIED AND CONTROLLED UNCLASSIFIED INFORMATION.
(A) Security Precautions.--Committee staff offices,
including Majority and Minority offices, shall operate
under strict security precautions administered by the
Security Officer of the Committee. A security officer
shall be on duty at all times during normal office
hours. Classified documents and controlled unclassified
information (CUI)-- formerly known as sensitive but
unclassified (SBU) information-- may be destroyed,
discussed, examined, handled, reviewed, stored,
transported and used only in an appropriately secure
manner in accordance with all applicable laws,
executive orders, and other governing authorities. Such
documents may be removed from the Committee's offices
only in furtherance of official Committee business.
Appropriate security procedures, as determined by the
Chairman in consultation with the Ranking Minority
Member, shall govern the handling of such documents
removed from the Committee's offices.
(B) Temporary Custody of Executive Branch Material.--
Executive branch documents or other materials
containing classified information in any form that were
not made part of the record of a Committee hearing, did
not originate in the Committee or the House, and are
not otherwise records of the Committee shall, while in
the custody of the Committee, be segregated and
maintained by the Committee in the same manner as
Committee records that are classified. Such documents
and other materials shall be returned to the Executive
branch agency from which they were obtained at the
earliest practicable time.
(C) Access by Committee Staff.--Access to classified
information supplied to the Committee shall be limited
to Committee staff members with appropriate security
clearances and a need--to--know, as determined by the
Chairman or Ranking Minority Member, and under the
direction of the Majority or Minority Staff Directors.
(D) Maintaining Confidentiality.--No Committee Member
or Committee staff shall disclose, in whole or in part
or by way of summary, to any person who is not a
Committee Member or authorized Committee staff for any
purpose or in connection with any proceeding, judicial
or otherwise, any testimony given before the Committee
in executive session. Classified information and
controlled unclassified information (CUI) shall be
handled in accordance with all applicable laws,
executive orders, and other governing authorities and
consistently with the provisions of these rules and
Committee procedures.
(E) Oath.--Before a Committee Member or Committee staff
may have access to classified information, the
following oath (or affirmation) shall be executed:
I do solemnly swear (or affirm) that I will not
disclose any classified information received in
the course of my service on the Committee on
Homeland Security, except as authorized by the
Committee or the House of Representatives or in
accordance with the Rules of such Committee or
the Rules of the House.
Copies of the executed oath (or affirmation) shall be
retained by the Clerk of the Committee as part of the
records of the Committee.
(F) Disciplinary Action.--The Chairman shall
immediately consider disciplinary action in the event
any Committee Member or Committee staff member fails to
conform to the provisions of these rules governing the
disclosure of classified or unclassified information.
Such disciplinary action may include, but shall not be
limited to, immediate dismissal from the Committee
staff, criminal referral to the Justice Department, and
notification of the Speaker of the House. With respect
to Minority staff, the Chairman shall consider such
disciplinary action in consultation with the Ranking
Minority Member.
RULE XVI.--COMMITTEE RECORDS.
(A) Committee Records.--Committee Records shall
constitute all data, charts and files in possession of
the Committee and shall be maintained in accordance
with clause 2(e) of House Rule XI .
(B) Legislative Calendar.--The Clerk of the Committee
shall maintain a printed calendar for the information
of each Committee Member showing any procedural or
legislative measures considered or scheduled to be
considered by the Committee, and the status of such
measures and such other matters as the Committee
determines shall be included. The calendar shall be
revised from time to time to show pertinent changes. A
copy of such revisions shall be made available to each
Member of the Committee upon request.
(C) Members Right To Access.--Members of the Committee
and of the House shall have access to all official
Committee Records. Access to Committee files shall be
limited to examination within the Committee offices at
reasonable times. Access to Committee Records that
contain classified information shall be provided in a
manner consistent with these rules.
(D) Removal of Committee Records.--Files and records of
the Committee are not to be removed from the Committee
offices. No Committee files or records that are not
made publicly available shall be photocopied by any
Member.
(E) Executive Session Records.--Evidence or testimony
received by the Committee in executive session shall
not be released or made available to the public unless
agreed to by the Committee. Members may examine the
Committee's executive session records, but may not make
copies of, or take personal notes from, such records.
(F) Availability of Committee Records.--The Committee
shall keep a complete record of all Committee action
including recorded votes and attendance at hearings and
meetings. Information so available for public
inspection shall include a description of each
amendment, motion, order, or other proposition,
including the name of the Member who offered the
amendment, motion, order, or other proposition, and the
name of each Member voting for and each Member voting
against each such amendment, motion, order, or
proposition, as well as the names of those Members
present but not voting. Such record shall be made
available to the public at reasonable times within the
Committee offices and also made publicly available in
electronic form and posted on the official Committee
web site within 48 hours of such record vote.
(G) Separate and Distinct.--All Committee records and
files must be kept separate and distinct from the
office records of the Members serving as Chairman and
Ranking Minority Member. Records and files of Members'
personal offices shall not be considered records or
files of the Committee.
(H) Disposition of Committee Records.--At the
conclusion of each Congress, non--current records of
the Committee shall be delivered to the Archivist of
the United States in accordance with Rule VII of the
Rules of the House.
(I) Archived Records.--The records of the Committee at
the National Archives and Records Administration shall
be made available for public use in accordance with
Rule VII of the Rules of the House. The Chairman shall
notify the Ranking Minority Member of any decision,
pursuant to clause 3(b)(3) or clause 4(b) of the Rule,
to withhold a record otherwise available, and the
matter shall be presented to the Committee for a
determination on the written request of any member of
the Committee. The Chairman shall consult with the
Ranking Minority Member on any communication from the
Archivist of the United States or the Clerk of the
House concerning the disposition of noncurrent records
pursuant to clause 3(b) of the Rule.
RULE XVII.-- COMMITTEE RULES.
(A) Availability of Committee Rules in Electronic
Form.--Pursuant to clause 2(a) of rule XI of the Rules
of the House of Representatives, the Committee shall
make its rules publicly available in electronic form
and posted on the official Committee web site and shall
submit such rules for publication in the Congressional
Record not later than 30 days after the Chairman of the
Committee is elected in each odd--numbered year.
(B) Changes to Committee Rules.--These rules may be
modified, amended, or repealed by the Full Committee
provided that a notice in writing of the proposed
change has been given to each Member at least 48 hours
prior to the meeting at which action thereon is to be
taken and such changes are not inconsistent with the
Rules of the House of Representatives.
APPENDIX II
Membership Changes
January 2011
On January 5, 2011, Mr.Peter T. King of New York was
elected as Chairman and Mr.Bennie G. Thompson of Mississippi as
Ranking Member pursuant to H. Res. 6 and H. Res.7 respectively.
The Majority Members of the Committee were elected to the
Committee on January 18, 2011, pursuant to H. Res. 37; and the
Minority Members on January 19, 2011, pursuant to H. Res. 39.
Mr.Blake Farenthold of Texas was elected to the Committee
pursuant to H. Res. 42 on January 19, 2011.
Mr.Mo Brooks of Alabama was elected to the Committee
pursuant to H. Res. 53 on January 25, 2011.
----------
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Mo Brooks, Alabama Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Jane Harman, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Donna M. Christensen, U.S. Virgin
Islands
Danny K. Davis, Illinois
Brian Higgins, New York
Jackie Speier, California
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Mo Brooks, Alabama
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Jackie Speier, California
Cedric L. Richmond, Louisiana
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Jackie Speier, California
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
Joe Walsh, Illinois
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Donna M. Christensen, U.S. Virgin
Islands
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Donna M. Christensen, U.S. Virgin
Islands
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Jane Harman, California
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Brian Higgins, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
March 7, 2011
On February 28, 2011, Ms.Jane Harman of California resigned
as a Member of the House of Representatives. On March 7, 2011,
Mrs.Donna M. Christensen resigned as a Member of the Committee
on Homeland Security. The Memberships of the Subcommittees were
modified on March 14, 2011 to reflect these vacancies.
The Committee on Homeland Security Membership and
Subcommittee Membership was as follows:
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Mo Brooks, Alabama Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Jackie Speier, California
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Vacancy
Vacancy
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Mo Brooks, Alabama
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Jackie Speier, California
Cedric L. Richmond, Louisiana
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
Joe Walsh, Illinois
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Jackie Speier, California
Loretta Sanchez, California
Henry Cuellar, Texas
Brian Higgins, New York
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
June 2, 2011
Ms.Kathleen C. Hochul of New Work was elected to the
Committee on June 2, 2011 pursuant to H. Res. 293. On July 6,
2011, Ms.Hochul was appointed to Subcommittees.
The Committee on Homeland Security Membership and
Subcommittee Membership was as follows:
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Mo Brooks, Alabama Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Jackie Speier, California
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Kathleen C. Hochul, New York
Vacancy
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Mo Brooks, Alabama
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Jackie Speier, California
Cedric L. Richmond, Louisiana
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
Joe Walsh, Illinois
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Jackie Speier, California
Loretta Sanchez, California
Henry Cuellar, Texas
Brian Higgins, New York
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
August 17, 2011
Ms.Janice Hahn of California was elected to the Committee
on July 28, 2011 pursuant to H. Res. 377. On August 17,
additional changes were made to the Subcommittee Memberships.
The Committee on Homeland Security Membership and
Subcommittee Membership was as follows:
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Mo Brooks, Alabama Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Jackie Speier, California
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Kathleen C. Hochul, New York
Janice Hahn, California
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Mo Brooks, Alabama
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Jackie Speier, California
Cedric L. Richmond, Louisiana
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
Joe Walsh, Illinois
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Jackie Speier, California
Loretta Sanchez, California
Brian Higgins, New York
Kathleen C. Hochul, New York
Janice Hahn, California
Bennie G. Thompson, Mississippi
(Ex Officio)
October 2011
Mr.Mo Brooks of Alabama resigned as a Member of the
Committee on Homeland Security. Mr.Robert L. Turner of New York
was elected to the Committee on pursuant to H. Res. 420.
On October 26, 2011, Mr.Turner was appointed to
Subcommittees.
The Committee on Homeland Security Membership and
Subcommittee Membership was as follows:
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Jackie Speier, California
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Kathleen C. Hochul, New York
Janice Hahn, California
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Jackie Speier, California
Cedric L. Richmond, Louisiana
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Jackie Speier, California
Loretta Sanchez, California
Brian Higgins, New York
Kathleen C. Hochul, New York
Janice Hahn, California
Bennie G. Thompson, Mississippi
(Ex Officio)
February 2012
Ms.Jackie Speier of California resigned as a Member of the
Committee on Homeland Security on February 16, 2012.
On February 27, 2012, changes were made to Subcommittee
assignements.
The Committee on Homeland Security Membership and
Subcommittee Membership was as follows:
COMMITTEE ON HOMELAND SECURITY
Peter T. King, New York, Chairman
Lamar Smith, Texas
Daniel E. Lungren, California
Mike Rogers, Alabama
Michael T. McCaul, Texas
Gus M. Bilirakis, Florida
Paul C. Broun, Georgia
Candice S.Miller, Michigan
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Patrick Meehan, Pennsylvania
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Blake Farenthold, Texas
Robert L. Turner, New York Bennie G. Thompson, Mississippi,
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Henry Cuellar, Texas
Yvette D. Clarke, New York
Laura Richardson, California
Danny K. Davis, Illinois
Brian Higgins, New York
Cedric L. Richmond, Louisiana
Hansen Clarke, Michigan
William R. Keating, Massachusetts
Kathleen C. Hochul, New York
Janice Hahn, California
Vacancy
______
SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND SECURITY
TECHNOLOGIES
Daniel E. Lungren, California, Chairman
Michael T. McCaul, Texas
Tim Walberg, Michigan, Vice Chair
Patrick Meehan, Pennsylvania
Billy Long, Missouri
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) Yvette D. Clarke, New York
Laura Richardson, California
Cedric L. Richmond, Louisiana
William R. Keating, Massachusetts
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON TRANSPORTATION SECURITY
Mike Rogers, Alabama, Chairman
Daniel E. Lungren, California
Tim Walberg, Michigan
Chip Cravaack, Minnesota
Joe Walsh, Illinois, Vice Chair
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Sheila Jackson Lee, Texas
Danny K. Davis, Illinois
Cedric L. Richmond, Louisiana
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND MANAGEMENT
Michael T. McCaul, Texas, Chairman
Gus M. Bilirakis, Florida
Billy Long, Missouri, Vice Chair
Jeff Duncan, South Carolina
Tom Marino, Pennsylvania
Peter T. King, New York
(Ex Officio) William R. Keating, Massachusetts
Yvette D. Clarke, New York
Danny K. Davis, Illinois
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Gus M. Bilirakis, Florida, Chairman
E. Scott Rigell, Virginia
Tom Marino, Pennsylvania, Vice
Chair
Blake Farenthold, Texas
Robert L. Turner, New York
Peter T. King, New York
(Ex Officio) Laura Richardson, California
Hansen Clarke, Michigan
Kathleen C. Hochul, New York
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON BORDER AND MARITIME SECURITY
Candice S.Miller, Michigan, Chairman
Mike Rogers, Alabama
Michael T. McCaul, Texas
Paul C. Broun, Georgia
Ben Quayle, Arizona, Vice Chair
E. Scott Rigell, Virginia
Jeff Duncan, South Carolina
Peter T. King, New York
(Ex Officio) Henry Cuellar, Texas
Loretta Sanchez, California
Sheila Jackson Lee, Texas
Brian Higgins, New York
Hansen Clarke, Michigan
Bennie G. Thompson, Mississippi
(Ex Officio)
______
SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE
Patrick Meehan, Pennsylvania, Chairman
Paul C. Broun, Georgia, Vice Chair
Chip Cravaack, Minnesota
Joe Walsh, Illinois
Ben Quayle, Arizona
E. Scott Rigell, Virginia
Billy Long, Missouri
Peter T. King, New York
(Ex Officio) Brian Higgins, New York
Loretta Sanchez, California
Kathleen C. Hochul, New York
Janice Hahn, California
Vacancy
Bennie G. Thompson, Mississippi
(Ex Officio)