[Senate Report 115-12]
[From the U.S. Government Publishing Office]
115th Congress } { Report
SENATE
1st Session } { 115-12
_______________________________________________________________________
ACTIVITIES OF THE COMMITTEE ON
HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
and its
SUBCOMMITTEES
for the
ONE HUNDRED FOURTEENTH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MARCH 28, 2017--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2017
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Margaret E. Daum, Minority Staff Director
Stacia M. Cardille, Minority Chief Counsel
Laura W. Kilbride, Chief Clerk
------
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS DURING THE
114TH CONGRESS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
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SUBCOMMITTEES OF THE 114TH CONGRESS
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (PSI)
ROB PORTMAN, Ohio, Chairman
JOHN McCAIN, Arizona CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
KELLY AYOTTE, New Hampshire HEIDI HEITKAMP, North Dakota
BEN SASSE, Nebraska
------
FEDERAL SPENDING OVERSIGHT AND EMERGENCY MANAGEMENT (FSO)
RAND PAUL, Kentucky, Chairman
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming CLAIRE McCASKILL, Missouri
JONI ERNST, Iowa CORY A. BOOKER, New Jersey
BEN SASSE, Nebraska GARY C. PETERS, Michigan
REGULATORY AFFAIRS AND FEDERAL MANAGEMENT (RAFM)
JAMES LANKFORD, Oklahoma, Chairman
JOHN McCAIN, Arizona HEIDI HEITKAMP, North Dakota
ROB PORTMAN, Ohio JON TESTER, Montana
MICHAEL B. ENZI, Wyoming CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
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CONTENTS
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Page
I. Highlights of Activities.........................................1
A. Border and Immigration Security....................... 2
B. Cybersecurity......................................... 5
C. Critical Infrastructure............................... 6
D. Terrorism............................................. 7
E. DHS Reforms........................................... 8
F. Oversight of Federal Agencies and Government Programs. 9
G. Regulatory Reform..................................... 16
H. Waste, Fraud, and Abuse............................... 18
II. Committee Jurisdiction..........................................20
III. Bills and Resolutions Referred and Considered...................23
IV. Hearings........................................................24
V. Reports, Prints, and GAO Reports................................52
VI. Official Communications.........................................65
VII. Legislative Actions.............................................65
A. Measures Enacted Into Law............................. 65
B. Postal Naming Bills................................... 81
VIII.Activities of the Subcommittees.................................85
Regulatory Affairs and Federal Management (RAFM)
I. Authority.......................................................85
II. Activity........................................................85
III. Legislation.....................................................91
IV. GAO Reports.....................................................92
Federal Spending Oversight and Emergency Management (FSO)
I. Authority.......................................................94
II. Activity........................................................94
III. Legislation.....................................................98
Permanent Subcommittee on Investigations (PSI)
I. Historical Background..........................................100
A. Subcommittee Jurisdiction............................. 100
B. Subcommittee Investigations........................... 102
II. Subcommittee Hearings during the 114th Congress................108
III. Legislation Activities during the 114th Congress.............. 111
IV. Reports, Prints, and Studies...................................112
115th Congress } { Report
SENATE
1st Session } { 115-12
======================================================================
ACTIVITIES OF THE COMMITTEE ON HOMELAND
SECURITY AND GOVERNMENTAL AFFAIRS
DURING THE 114TH CONGRESS
_______
March 28, 2017--Ordered to be printed
_______
Mr. JOHNSON, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
REPORT
This report reviews the legislative and oversight
activities of the Committee on Homeland Security and
Governmental Affairs and its Subcommittees during the 114th
Congress. These activities were conducted pursuant to the
Legislative Reorganization Act of 1946, as amended; by Rule
XXV(k) of the Standing Rules of the Senate; and by additional
authorizing resolutions of the Senate. See Section II,
``Committee Jurisdiction,'' for details.
Senator Johnson was Chairman of the Committee during the
114th Congress; Senator Carper was the Ranking Member.
Major activities of the Committee during the 114th Congress
included investigations, oversight, and legislation involving
border and immigration security; cybersecurity; critical
infrastructure; terrorism; reforming the Department of Homeland
Security; the Committee's oversight jurisdiction; regulatory
reform; and reducing waste, fraud and abuse in Federal
spending. Discussion of these major activities appears in
Section I below; additional information on these and other
measures appears in Section VII, ``Legislative Actions.''
Discussion of these major activities appears in Section I
below; additional information on these and other measures
appears in Section VII, ``Legislative Actions.''
Extensive information about the Committee's history,
hearings, legislation, documents, Subcommittees, and other
matters is available at the Web site, http://hsgac.senate.gov/.
I. HIGHLIGHTS OF ACTIVITIES
Under the leadership of Chairman Ron Johnson and Ranking
Member Tom Carper, the Committee established a mission
statement: ``to enhance the economic and national security of
America.'' During the 114th Congress, the Committee made real
progress advancing this mission. The Committee's work on
oversight through hearings, inquiries, and investigations
identified and clarified significant economic and national
security challenges facing the nation. And its collaborative
work on bipartisan legislation demonstrated that a committee of
Senators with differing views about public policy can come
together and find areas of agreement in support of commonsense
reforms.
To improve national security, the Committee worked to
identify challenges and solutions to major threats facing our
nation, including border and visa security; international drug
trafficking and our nation's insatiable demand for drugs;
cybersecurity threats and vulnerabilities; and the growing
threat posed by ISIS and other militant Islamic extremists. The
Committee passed legislation to strengthen border security,
improve detection of human trafficking, enhance federal agency
cybersecurity practices, protect our critical infrastructure,
and ensure a more accountable Department of Homeland Security
(DHS or ``the Department'').
To improve our nation's economic security, the Committee
held a series of hearings to identify the root causes of the
challenges that so many people face pursuing the American
dream. For example, the Committee examined the challenges
Americans face finding and paying for high-quality education
services for their children, and how the skyrocketing number of
Federal regulations are reducing economic opportunity for
American workers. The Committee held hearings to identify ways
to ensure that our most vulnerable, including those with
terminal illnesses, and those to whom we owe our freedoms-our
nation's veterans-have the ability to receive high-quality
health care. The majority staff issued reports examining our
border security, America's insatiable demand for drugs, the
effect of onerous Executive Branch regulations, undue White
House influence into the decision-making of independent
agencies, and the tragedies at the Veterans Affairs Medical
Center in Tomah, Wisconsin (Tomah VAMC).
Beyond diagnosing problems, the Committee worked together
to approve bipartisan legislation on challenging issues by
finding common ground, including legislation to improve the
regulatory process and streamline Federal regulations. The
Committee also approved dozens of bills that protect taxpayer
dollars by reducing wasteful government spending and addressing
inefficient, duplicative, or nontransparent government
programs.
In total, the Committee held more than 100 hearings and
roundtables to study challenges facing the United States and
identify potential solutions; approved or discharged 86 pieces
of legislation (not including post office naming bills), 85 of
which passed with bipartisan support; shepherded 49 of these
bills through the Senate and into law; approved or discharged
30 of President Obama's nominations for Senate-confirmed
positions; sent more than 800 oversight letters; and issued 10
majority staff reports, 3 minority staff reports, and 1 joint
staff report.
A. BORDER AND IMMIGRATION SECURITY
The increasing threat of international criminal and
terrorist organizations, most notably ISIS, has underscored the
need to secure the nation's borders, a priority that was
identified by Congress and the 9/11 Commission fifteen years
ago in the aftermath of the 2001 terrorist attacks. The threat
of terrorism is just one of the reasons why we must secure our
borders and fix our broken immigration system. International
drug trafficking and human trafficking, exacerbated by unsecure
borders, are ruining the lives of too many of our citizens and
hurting so many of our families. The Committee has taken
seriously its imperative to provide oversight of the Department
in these areas and close security gaps.
Relying on evidence gathered through 19 border security
hearings and four roundtables, including field hearings focused
on the opioid epidemic across the country, the Committee issued
two majority staff reports, America's Insatiable Demand for
Drugs: The Public Health and Safety Implications for our
Unsecure Border and The State of America's Border Security, and
one minority staff report, Stronger Neighbors--Stronger
Borders: Addressing the Root Causes of the Migration Surge from
Central America, and worked to lay out the reality of our
border security. The Committee made the following findings:
LOur borders are unsecure. Despite spending more
than $100 billion over the last decade to fund security
measures along the borders, our borders remain unsecure.\1\
Interdiction rates on the border are below 55 percent, and as
low as 30 to 40 percent in some areas.\2\ In unfenced areas--
approximately two-thirds of the southwest border--interdiction
rates may be as low as 5 percent.\3\
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\1\See Lisa Seghetti, Cong. Research Serv., DHS Border Security and
Immigration Enforcement Strategy, Appropriations, and Metrics 4-6
(2014).
\2\Bryan Roberts, Edward Alden, John Whitley, Managing Illegal
Immigration to the United States: How Effective is Enforcement?,
Council on Foreign Relations 2-3 (2013); see also Ongoing Migration
from Central America: An Examination of FY2015 Apprehensions: Hearing
Before the S. Comm. on Homeland Security & Governmental Affairs, 114th
Cong. (2015) (statement of Chris Cabrera, National Border Patrol
Council).
\3\Majority Comm. Staff notes from bipartisan STAFFDEL to the
Tucson, Arizona Sector (Feb. 2015).
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LThe U.S. has an insatiable demand for drugs.
America's insatiable demand for drugs, coupled with drug
smugglers' insatiable demand for profits, is a driving factor
of the unsecure border.\4\ A former drug czar told the
Committee that the overall interdiction rate of drugs coming
across our land borders is estimated between 5 to 10
percent.\5\ Similarly, the United States Coast Guard is only
able to target approximately 30 percent of the illegal drugs it
is aware of, resulting in the interdiction of only 11 to 18
percent of the maritime known drug flow toward the United
States.\6\
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\4\Majority Staff Report, S. Comm. on Homeland Sec. & Governmental
Affairs, America's Insatiable Demand for Drugs: The Public Health &
Safety Implications for our Unsecure Border, 114th Cong. (Sept. 1,
2016).
\5\Securing the Border: Assessing the Impact of Transnational
Crime: Hearing Before the S. Comm. on Homeland Security & Governmental
Affairs, 114th Cong. (2015) (testimony of Gen. Barry R. McCaffrey,
Ret.).
\6\U.S. Coast Guard, Maritime Border Security (2015); Western
Hemisphere Drug Interdiction Efforts: Hearing Before the H. Subcomm. on
Coast Guard & Marine Transportation of the Comm. on Transportation and
Infrastructure, 114th Cong. (2015).
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LWe are losing the war on drugs. We spend roughly
$31 billion per year on the war on drugs.\7\ Yet in 2014, there
were more than 47,000 overdoses in the United States, or about
129 overdose deaths per day.\8\ In Wisconsin, for example,
Milwaukee County alone saw 109 heroin-related overdose deaths
in 2015.\9\
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\7\Tim Dickinson, Why America Can't Quit the Drug War, Rolling
Stone (May 5, 2016), http://www.rollingstone.com/politics/news/why-
america-cant-quit-the-drug-war-20160505.
\8\Rudd et al., Increases in Drug and Opioid Overdose Deaths-United
States, 2000-2014,
Morbidity and Mortality Weekly Report (Jan. 1, 2016), http://
www.cdc.gov/mmwr/preview/mmwrhtml/mm6450a3.htm; see also Lenny
Bernstein, Deaths From Opioid Overdoses Set a Record in 2014, Wash Post
(Dec. 18, 2015), https://www.washingtonpost.com/news/to-your-health/wp/
2015/12/11/deaths-from-heroin-overdoses-surged-in-2014.
\9\Border Security and America's Heroin Epidemic: The Impact of the
Trafficking and Abuse of Heroin and Prescription Opioids in Wisconsin:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Congress. (2016) (statement of James Bohn, Executive Director,
Wisconsin High Intensity Drug Trafficking Area (HIDTA) Program).
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LThere are weaknesses in U.S. immigration
programs. DHS has challenges managing and sharing information
and data collected for vetting immigration benefits.\10\ For
example, as a result of poor information collection and
management, ``274 subjects of [Immigration and Customs
Enforcement] ICE human trafficking investigations successfully
petitioned [U.S. Citizenship and Immigration Services] USCIS to
bring 425 family members and fiances into the country.''\11\
Moreover, a lack of basic information sharing and database
integrity allowed DHS to naturalize 858 individuals with a
previous removal order issued against them under another
identity.\12\ Not even ICE knows how many people are in the
country illegally due to visa overstays.\13\
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\10\The Security of U.S. Visa Programs: Hearing Before the S. Comm.
on Homeland Sec. & Governmental Affairs, 114th Cong. (2016).
\11\ Department of Homeland Security, Office of the Inspector
General, OIG-16-17, ICE and USCIS Could Improve Data Quality and
Exchange to Help Identify Potential Human Trafficking Cases (2016).
\12\Department of Homeland Security, Office of the Inspector
General, OIG-16-130, Potentially Ineligible Individuals Have Been
Granted U.S. Citizenship Because of Incomplete Fingerprint Records
(2016).
\13\The Security of U.S. Visa Programs: Hearing Before the S. Comm.
on Homeland Sec. & Governmental Affairs, 114th Cong. (2016) (testimony
of the Hon. Sarah R. Saldana).
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To address these concerns, the Committee approved and the
President signed into law five bills to shore up the security
at and between U.S. ports of entry. Importantly, the Department
of Homeland Security Border Security Metrics Act, passed as
part of
the National Defense Authorization Act for Fiscal Year 2017,
P.L. 114-840 (2017 NDAA), requires the DHS Secretary to
quantitatively measure the state of border security across all
of the border sectors. Similarly, the Northern Border Security
Act, P.L.
114-267, calls on DHS to consider potential criminal and
terrorist threats stemming from our northern border. The Cross-
Border Trade Enhancement Act of 2016, P.L. 114-279, allows
Federal authorities to partner with private sector and state
and local governments to increase security efficiencies at U.S.
airports with international flights. The Committee acted
quickly to ensure that border patrol agents in the field were
fairly compensated for overtime work they performed through a
legislative fix, P.L. 114-13. Finally, the Preclearance
Authorization Act of 2015, passed as part of the Trade
Facilitation and Trade Enforcement Act of 2015, P.L.
114-125, authorizes and improves a program designed to allow
U.S. officials to screen people at foreign airports before they
reach American soil, saving taxpayer money and providing a
layer of security outside our borders. Building on this,
Chairman Johnson worked with Senator Leahy and the Judiciary
Committee to pass legislation providing needed authorities to
implement a preclearance agreement between the United States
and Canada to expand U.S. preclearance operations in Canada
across all modes of transportation, P.L. 114-316.
Recognizing that our porous borders are exploited by human
traffickers, the Committee approved the Human Trafficking
Detection Act of 2015, signed into law as part of larger human
trafficking legislation, P.L. 114-22. Among other things, the
Act requires increased training for DHS personnel on methods
for deterring, detecting, and disrupting human trafficking and
authorizes DHS to help state and local officials by sharing the
training.
In addition to pieces of legislation signed into law, the
Committee worked to set a marker for border security measures
that should be implemented in the future by approving Border
Security Technology Accountability Act of 2015; Arizona
Borderlands Protection and Preservation Act; and a resolution
affirming the success and importance of Operation Streamline.
These bills require the Department to make smart choices when
acquiring technology to assist in border security operations,
provide border patrol agents with access to Federal lands, and
ensure appropriate consequences are placed on border crossers
to decrease recidivism.
The Committee also examined the security of the refugee
resettlement program, visa waiver program, and visa system in
the U.S. in light of the horrific terrorist attacks in Paris,
France, and San Bernardino, California. The Committee sent a
series of oversight letters and held hearings on these topics
to inform legislation to fix the weaknesses. Chairman Johnson
led the effort to ensure that key enhancements to the visa
wavier program were signed into law through the Visa Waiver
Program Improvement and Terrorist Travel Prevention Act of
2015, passed as part of the Consolidated Appropriations Act of
2016, P.L. 114-113.
B. CYBERSECURITY
It is no coincidence that the very first hearing the
Committee held in the 114th Congress was on the cybersecurity
threats facing our nation. The issue came to the forefront of
Americans' attention in 2015, when news broke of the largest
Federal data breach: the Office of Personnel Management (OPM)
had been hacked, resulting in the loss of security clearance
background investigation files containing sensitive personal
information for millions of current and former Federal
employees, putting both individuals' lives and our nation's
security at risk.\14\ That same year the Internal Revenue
Service (IRS) was compromised, resulting in unauthorized users
successfully obtaining Get Transcript applications for 355,262
taxpayers' accounts.\15\ The threat requires Congress and the
Administration to come together to take swift action to improve
cybersecurity protections across the Federal Government. The
Committee has led these efforts.
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\14\Off. of Mgmt. & Budget, Cybersecurity Resource Center:
Cybersecurity Incidents (2016).
\15\Treasury Inspector Gen. for Tax Admin., 2016-40-037, The
Internal Revenue Serv. Did Not Identify and Assist All Individuals
Potentially Affected by the Get Transcript Application Data Breach 1
(2016).
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In 2015, Chairman Johnson worked with Ranking Member Carper
to draft legislation that requires Federal agencies to
implement stronger protections to defend against cyber-attacks,
including implementing multi-factor authentication for remote
users. It also requires DHS to deploy an intrusion detection
and prevention system. The legislation, the Federal
Cybersecurity Enhancement Act of 2015, was approved by the
Committee in July 2015, and incorporated into a larger
cybersecurity information sharing bill the Chairman and Ranking
Member negotiated with the Senate Select Committee on
Intelligence called the Cybersecurity Information Sharing Act
of 2015. The final legislation, including the Committee-
approved measure, was signed into law in December 2015 as part
of the 2016 Consolidated Appropriations Act, P.L. 114-113. This
legislation, which includes liability protection when sharing
information on cyber threat indicators, is an important first
step toward combatting our cyber adversaries.
In addition to the major cybersecurity legislation passed
in 2015, the Committee worked to approve several smaller bills
to improve our partnership with Israel as it pertains to
research on cybersecurity issues, P.L. 114-304, and reduce
duplication of DHS spending on information technology, P.L.
114-43. The Committee also approved the Federal Information
Systems Safeguards Act of 2016, important legislation that
would give Federal agencies broader authority to implement
policies to improve cybersecurity, including by restricting
employees' access to certain websites.
The issue of encryption was also an important topic in the
114th Congress. The Committee gathered facts from all sides of
the debate, hearing from experts at the Federal Bureau of
Investigation (FBI) and private technology companies at a
series of roundtables to inform policy decisions on this
complex issue.
C. CRITICAL INFRASTRUCTURE
The United States depends on its critical infrastructure,
particularly the electric power grid, as all critical
infrastructure sectors are to some degree dependent on
electricity to operate.\16\ A successful nuclear
electromagnetic pulse (EMP) attack against the United States
could cause the death of approximately 90 percent of
the American population.\17\ Similarly, a geomagnetic
disturbance (GMD) could have equally devastating effects on the
power grid.\18\ Chairman Johnson has made it a priority to
examine the threats, both man-made and natural, to the
country's critical infrastructure.
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\16\U.S. Dep't of Energy, Office of Electricity Delivery & Energy
Reliability, Cybersecurity, http://energy.gov/oe/services/cybersecurity
(last visited Sept. 21, 2016).
\17\Critical National Infrastructures, Report of the Commission to
Assess the Threat to
the United States from Electromagnetic Pulse (EMP) Attack (Apr. 2008),
http://www.empcommission.org/docs/A2473-EMP--Commission-7MB.pdf.
\18\Gov't Accountability Office, GAO-16-243, Critical
Infrastructure Protection: Federal Agencies Have Taken Actions to
Address Electromagnetic Risks, But Opportunities Exist to Further
Assess Risks and Strengthen Collaboration (2016), http://www.gao.gov/
assets/680/676030.pdf.
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In July 2015, the Committee held a hearing titled
Protecting the Electric Grid from the Potential Threats of
Solar Storms and Electromagnetic Pulse, to learn from industry
experts about EMP and GMD threats. The hearing examined what
actions DHS and the Department of Energy are taking to address
these threats and mitigate potential vulnerabilities. The
Committee later held a hearing in May 2016 titled Assessing the
Security of Critical Infrastructure: Threats, Vulnerabilities,
and Solutions, to evaluate the state of information-sharing
mechanisms used by DHS and private stakeholders to plan for
threats against critical infrastructure.
Based on the information learned from the Committee's
oversight, Chairman Johnson introduced, and the Committee
approved, the Critical Infrastructure Protection Act of 2016.
The legislation requires DHS to develop and submit to Congress
a strategy to protect critical infrastructure and to perform
research and incident response planning. The legislation was
signed into law as part of the 2017 NDAA.
D. TERRORISM
The Committee made identifying terrorist threats to the
homeland and assessing the adequacy of current measures aimed
at stopping these threats a priority in the 114th Congress. The
importance and urgency of this mission has become increasingly
clear as the threat of ISIS and other terrorists grows each
day.
In total, the Committee held nine hearings that examined
the issue of counterterrorism and countering violent extremism,
with the aim of laying out the reality of the terrorist threats
we face. Several of these hearings also explored the ideology,
methodology, and goals of ISIS. Here is what the Committee
found:
LHomegrown terrorism is a growing and evolving
threat. DHS Secretary Jeh Johnson warned the Committee that:
``The new reality involves the potential for smaller-scale
attacks by those who are either homegrown or home-based, not
exported, and who are inspired by, not necessarily directed by,
a terrorist organization.''\19\
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\19\Threats to the Homeland: Hearing Before S. Comm. on Homeland
Sec. & Governmental Affairs, 114th Cong. (2015) (statement of Hon. Jeh
Johnson, Secretary).
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LISIS has surpassed other terrorist organizations
in its use of the Internet for propaganda purposes.
Counterterrorism expert Juan Zurate explained to the Committee:
``With a vast recruitment pipeline, slick media products, and
targeted use of social media, new recruits and identities are
forming. With 62 percent of 1.6 billion Muslims worldwide under
the age of thirty, this is a generational threat. And the
terrorists know this--using schools, videos, and terror--to
inculcate a new generation with their message.''\20\
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\20\Terror in Europe: Safeguarding U.S. Citizens At Home and
Abroad: Hearing Before S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2016) (statement of Mr. Juan Zarate).
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LInformation sharing among law enforcement
agencies is crucial. In February 2016, the Committee held a
hearing titled Frontline Response to Terrorism in America, to
examine the local response to recent terror attacks within the
United States and how first responders are preparing for the
next attack. Following the hearing, the Committee reached out
to 113 local law enforcement departments across the United
States and interviewed 69 of them to learn more about how
information-sharing gaps are jeopardizing the safety of
Americans. The Committee learned that despite improvements,
many of the barriers and gaps identified after the
9/11 terror attacks still exist today.\21\
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\21\Majority comm. staff notes (2016).
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The Committee also approved important legislation to
provide DHS the tools it needs to protect the homeland. Four
bipartisan bills approved by the Committee would help the
Federal Government combat extremists in the United States from
committing attacks on the homeland or from traveling overseas
to join ISIS: the Department of Homeland Security Insider
Threat and Mitigation Act of 2016; Countering Online
Recruitment of Violent Extremists Act of 2015; Combat Terrorist
Use of Social Media Act of 2016; and a bill to amend the
Homeland Security Act of 2002 to build partnerships to prevent
violence by extremists.
Four other bills approved by the Committee and signed into
law help modernize, integrate, and improve information sharing
among Government agencies and with the public during
emergencies, including Chairman Johnson and Senator Claire
McCaskill's bill, the Integrated Public Alert and Warning
System (IPAWS) Modernization Act, P.L. 114-143. The importance
of modernizing IPAWS was recently illustrated when law
enforcement officials used the Wireless Emergency Alert system
during the manhunt for the Manhattan bombing suspect, Ahmad
Khan Rahami, in September 2016.\22\
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\22\Tony Romm & Margaret Harding McGill, New York Bombing Revives
Emergency Alert Debate, Politico (Aug. 19, 2016), https://
www.politicopro.com/technology/story/2016/09/new-york-bombing-revives-
emergency-alert-debate-130784.
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The Committee used its oversight authority to ensure that
Federal law enforcement agencies work effectively and
successfully to defend the homeland, including by overseeing
agency responses to terrorist attacks here and abroad. For
example, the Committee investigated coordination between USCIS
and ICE and learned that the two DHS components failed to work
together the day after the attack in San Bernardino,
California. This failure could have prevented the arrest of a
key suspect involved in the case.\23\ The Committee also
requested information from DHS and the Department of Justice
(DOJ) regarding the terror attacks and attempted attacks in
Garland, Texas; San Bernardino, California; Orlando, Florida;
St. Cloud, Minnesota; and the New York metropolitan area.
Further, after extensive briefings with the FBI and others,
Chairman Johnson asked the DOJ Inspector General (DOJ IG) to
conduct an independent review of the FBI's handling of its
investigation into the Orlando terrorist prior to the attack,
including reviewing the appropriateness of the watchlisting
guidelines the FBI used.\24\ The DOJ IG agreed and has started
its review.\25\
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\23\Memorandum from John Roth, Inspector General, to the Honorable
Jeh C. Johnson,
Secretary, et al, (June 1, 2016), available at https://www.oig.dhs.gov/
assets/Mga/OIG-mga-060116.pdf.
\24\Letter from Ron Johnson, Chairman, to the Honorable Michael
Horowitz, Inspector General (July 26, 2016).
\25\Letter from Michael E. Horowitz, Inspector General, to the
Honorable Ron Johnson, Chairman (Aug. 30, 2016).
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E. DHS REFORMS
The Committee has primary responsibility within the Senate
for overseeing and authorizing DHS. During the 114th Congress,
the Committee took significant action, through oversight and
legislation, including 13 hearings, to improve DHS's management
and operations.
Most significantly, the Chairman and Ranking Member
introduced the DHS Accountability Act of 2016, a bill to
improve the Department's management and transparency. The
principle pieces of the bill were signed into law in December
2016 as part of the 2017 NDAA. The legislation was one of the
most significant reforms of DHS since its creation after the
September 11th terrorist attacks. Among other things, DHS will
now be required to mitigate current security gaps and improve
coordination with joint task forces and others. Additionally,
the President will be required to develop a national strategy
to prevent terrorists' travel and to review instances of United
States persons traveling or attempting to travel to Iraq or
Syria to provide material support or resources to a terrorist
organization.
In addition to reforming the Department, the Committee
focused on examining the country's ability to respond to
attacks. The Committee held two hearings examining our
biodefense capabilities, The Federal Perspective on the State
of Our Nation's Biodefense and Assessing the State of Our
Nation's Biodefense, and approved the National Biodefense
Strategy Act of 2016 to require the President to develop and
carry out a comprehensive national biodefense strategy. Key
pieces of this legislation were included in the 2017 NDAA, P.L.
114-840. The Committee also approved, and the President signed
into law, three bills that help first responders: the First
Responder Anthrax Preparedness Act, P.L. 114-268, which gives
first responders access to anthrax vaccines; the National Urban
Search and Rescue Response System Act of 2016, P.L. 114-326,
which provides reemployment protections after they are
deployed, and other legal benefits; and the RESPONSE Act of
2016, P.L. 114-321, which shores up emergency responder
training relating to hazardous materials incidents involving
railroads.
In 2015, the Committee oversaw the nomination of a new
Transportation Security Administration Administrator, Peter
Neffenger, and as part of its vetting of the nominee, held a
hearing titled Oversight of the Transportation Security
Administration: First-Hand and Government Watchdog Accounts of
Agency Challenges, to examine challenges the agency faces.
Several bills approved by the Committee and signed into law
in 2016 aimed to help reduce unnecessary and potentially
wasteful spending by the Department. The Chairman's Directing
Dollars to Disaster Relief Act of 2015, P.L. 114-132, requires
that Federal money spent on disaster relief is not wasted on
unreasonably high administration costs, and Department of
Homeland Security Headquarters Consolidation Accountability Act
of 2015, P.L. 114-150, ensures that DHS remains accountable to
Congress for costs and timetables associated with their
headquarter consolidation project.
Finally, the Committee continued its oversight of the
United States Secret Service (USSS) through oversight letters
and legislation in the 114th Congress. One bill approved by the
Committee and signed into law at the end of 2016, the Overtime
Pay for Protective Services Act of 2016, P.L. 114-311,
addressed the inequity experienced by USSS employees who worked
overtime during the 2016 Presidential election cycle, but were
not fully compensated for their work. The Committee also
approved the Secret Service Improvements Act of 2015,
legislation to improve USSS protection of the White House and
grounds; former Vice Presidents and their family; and improve
the hiring, training, and retention of officers and agents. The
Committee will continue to work on this legislation in the next
Congress.
F. OVERSIGHT OF FEDERAL AGENCIES AND GOVERNMENT PROGRAMS
The Committee has broad responsibility to oversee all
Federal agencies. During the 114th Congress, the Committee
focused its general oversight on four priorities: (1)
protecting the finest among us; (2) shielding whistleblowers
from agency retaliation; (3) preserving Americans' life,
liberty, and pursuit of happiness; and (4) protecting America's
secrets.
Protecting the Finest Among Us
The heroes who serve the United States deserve the best
health care available. Unfortunately, recent history with the
Department of Veterans Affairs (VA) reminds us that our nation
has often failed to meet this obligation. This failure
highlights the need not only for reform of the VA but also
proper oversight, including whistleblower protections, so that
whistleblowers everywhere can speak out to identify problems
related to veterans' health care.
In January 2015, the Committee began investigating the
Tomah VAMC following press reports about a veteran's death at
the facility. As part of that investigation, the Committee sent
28 letters, issued a subpoena to the VA Office of Inspector
General (VA OIG) to produce documents, and held 3 hearings.
Committee staff reviewed thousands of pages of documents, and
conducted over 82 hours of transcribed interviews of 21
witnesses. Based on information gathered during the
investigation, Chairman Johnson's staff issued a 359-page
report in May 2016 detailing the systemic failures that
contributed to the tragedies at the Tomah VAMC.\26\ The report
found:
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\26\Majority Staff Report, S. Comm. On Homeland Sec. & Governmental
Affairs, The Systemic Failures And Preventable Tragedies At The Tomah
VA Medical Center, 114th Cong. (2016).
LAt least two veterans died from complications of
over prescription of drugs at the Tomah VAMC. The facility was
known as ``Candy Land'' and the former chief of staff was known
as the ``Candy Man'' because of the widespread prescription of
addictive medications.\27\
---------------------------------------------------------------------------
\27\Id. at vi.
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LA culture of fear and whistleblower retaliation
at the Tomah VAMC went unaddressed for years. One whistleblower
committed suicide after he was fired for raising concerns about
questionable prescription practices at the facility.\28\
---------------------------------------------------------------------------
\28\Id. at vii.
---------------------------------------------------------------------------
LDespite receiving complaints, Federal law
enforcement agencies and other executive branch entities failed
to address the problems at the Tomah VAMC.\29\
---------------------------------------------------------------------------
\29\Id. at vi-vii.
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LThe VA OIG failed veterans. It examined the
facility but hid its findings from the public and from
Congress, and even retaliated against VA whistleblowers.\30\
---------------------------------------------------------------------------
\30\Id. at vii.
---------------------------------------------------------------------------
LActing VA Inspector General Richard Griffin was
ill-suited for the job, too close to VA management, and
withheld documents from Congress.\31\
---------------------------------------------------------------------------
\31\Id.
The Committee's investigation resulted in significant
---------------------------------------------------------------------------
changes.
LFollowing Chairman Johnson's subpoena of the VA
OIG for Tomah VAMC documents and other public pressure, Richard
Griffin, the acting VA Inspector General, resigned.\32\
---------------------------------------------------------------------------
\32\Donovan Slack, Embattled VA watchdog stepping down, USA Today
(June 30, 2015), http://www.usatoday.com/story/news/politics/2015/06/
30/va-inspector-general-to-resign-this-week-in-face-of-criticism/
29525497.
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LAfter months of Chairman Johnson and the
Committee calling on the President to nominate a permanent VA
inspector general,\33\ President Obama nominated Michael
Missal.\34\ The Committee moved expeditiously to vet and
approve his nomination, and Chairman Johnson then requested and
received a favorable voice vote confirming Mr. Missal on the
Senate floor.\35\
---------------------------------------------------------------------------
\33\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. and Governmental Affairs, to President Barrack Obama, Jan. 22,
2015; Letter from Ron Johnson, Thomas R. Carper, and all other Members
of the Committee to President Barack H. Obama (Mar. 24, 2015).
\34\PN897--Michael Joseph Missal--Department of Veterans Affairs,
Congress.gov, https://www.congress.gov/nomination/114th-congress/897
(last visited Sept. 27, 2016).
\35\Press Release, Johnson Statement on Senate Confirmation of
Michael Missal to Serve As Inspector General at the Department of
Veterans Affairs, https://www.hsgac.senate.gov/media/majority-media/
johnson-statement-on-senate-confirmation-of-michael-missal-to-serve-as-
inspector-general-at-the-department-of-veterans-affairs- (last visited
Sept. 27, 2016).
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LThe Tomah VAMC investigation found that the VA
OIG failed to publish approximately 140 health care inspections
dating back to 2016.\36\ Under pressure from Chairman Johnson,
the VA OIG released the documents.\37\
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\36\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. and Gov't Affairs, to Richard Griffin, Deputy Inspector Gen.,
Dep't of Veteran's Affairs (Mar. 17, 2015).
\37\Donovan Slack, Newly released VA reports include cases of
veteran harm, death, USA
Today (Apr. 29, 2015), http://www.usatoday.com/story/news/politics/
2015/04/29/newly-released-va-reports/26594353.
---------------------------------------------------------------------------
LChairman Johnson helped to broker briefings
between the VA OIG and families of veterans who died at the
Tomah VAMC about what the VA OIG investigations into those
veterans' death found.\38\
---------------------------------------------------------------------------
\38\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. and Governmental Affairs, to Richard Griffin, Deputy Inspector
Gen., Dep't of Veteran's Affairs (Mar. 17, 2015).
---------------------------------------------------------------------------
LAs a result of the Committee's investigation, the
VA removed multiple Tomah VAMC employees that failed to live up
to the promises made to the finest among us.\39\
---------------------------------------------------------------------------
\39\ Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. and Governmental Affairs, to Richard Griffin, Deputy Inspector
Gen., Dep't of Veteran's Affairs, June 16, 2015;
see also Donovan Slack, VA watchdog agrees to brief relatives on vet's
death, USA Today (June 16, 2015), http://www.postcrescent.com/story/
news/local/2015/06/16/va-watchdog-agrees-brief-relatives-vets-death/
28823899.
Additionally, the Committee approved and the President
signed into law several bills that help veterans and their
families: the Border Jobs for Veterans Act of 2015, P.L. 114-
68, helps separating service members connect with jobs at DHS
as CBP officers securing our borders; the Wounded Warriors
Federal Leave Act of 2015, P.L. 114-75, provides advanced sick
leave to qualifying veterans who work for the Federal
Government; and the Gold Star Fathers Act of 2015, P.L. 114-62,
ensures both mothers and fathers of deceased military members
can benefit from Federal Government hiring preferences.
Protecting Whistleblowers
The Tomah VAMC scandal is a glaring example of the
importance of whistleblower protections. As founding members of
the Senate Whistleblower Caucus, Chairman Johnson and Ranking
Member Carper made it a priority to support and protect Federal
employees who disclose allegations of waste, fraud, and abuse.
To that end, Chairman Johnson created an email hotline to
allow whistleblowers a safe and confidential avenue for blowing
the whistle to the Committee. Hundreds of individuals have
since contacted the Committee. The Committee also worked to
provide a public platform to allow whistleblowers to voice
their concerns, holding two hearings in 2015 that featured
Federal whistleblower witnesses testifying about how Federal
agencies retaliate against employees who disclose waste, fraud
and abuse, and how Congress can help: Blowing the Whistle on
Retaliation: Accounts of Current and Former Federal Agency
Whistleblowers and Improving VA Accountability: Examining
First-hand Accounts of Department of Veterans Affairs
Whistleblowers. These are just a few of the whistleblowers the
Committee helped:
LChris Cabrera testified at a 2015 Committee
hearing titled Securing the Southwest Border: Perspectives from
Beyond the Beltway, indicating that supervisors discouraged
agents from reporting high numbers of ``got-aways,'' or illegal
border crossers who are spotted by an agent but then manage to
evade detection. Shortly after this testimony, Mr. Cabrera was
called to testify in front of the DHS Office of Internal
Affairs. Chairman Johnson immediately questioned whether this
was in retaliation for his testimony before the Committee.\40\
Shortly after Chairman Johnson's inquiry, Mr. Cabrera's hearing
was cancelled.\41\
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\40\Securing the Border: Fencing, Infrastructure, and Technology
Force Multipliers: Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs, 114th Cong. (2015) (questioning of Chairman
Johnson).
\41\Email from Chris Cabrera to Comm. staff (May 13, 2015 5:57 PM).
---------------------------------------------------------------------------
LLieutenant Colonel Jason Amerine testified at a
2015 Committee hearing titled Blowing the Whistle on
Retaliation: Accounts of Current and Former Federal Agency
Whistleblowers about how he faced retaliation for blowing the
whistle to Congress about failed hostage recovery efforts. A
recipient of the Purple Heart and Bronze Star, Amerine
disclosed how the Army began to investigate him, revoked his
security clearance, withheld his pay, and delayed his
retirement. Following his testimony, the Army dropped its
investigation of Amerine and allowed him to retire.\42\
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\42\Michelle Tan, Green Beret investigated for whistleblowing
retires, Army Times (Nov. 2, 2015), https://www.armytimes.com/story/
military/pentagon/2015/11/02/green-beret-investigated-whistleblowing-
retires/75060594/.
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LRyan Honl and Joseph Colon were whistleblowers
from VA facilities in Wisconsin and Puerto Rico, respectively.
Mr. Honl was retaliated against for raising concerns about the
excessive prescription of opiates to patients at his facility,
while Mr. Colon was retaliated against after reporting concerns
about patient care and misconduct by his facility's director.
The whistleblowers testified at two different hearings before
the Committee, Joint Field Hearing: Tomah VAMC: Examining
Quality, Access, and a Culture of Overreliance on High-Risk
Medications and Improving VA Accountability: Examining First-
hand Accounts of Department of Veterans Affairs Whistleblowers.
Committee staff worked with the whistleblowers until they
successfully obtained damages and other relief through the
Office of Special Counsel.\43\
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\43\Press Release, OSC Secures Relief for Additional VA
Whistleblowers (July 22, 2015), https://osc.gov/News/pr15-15.pdf.
The Committee also worked to approve meaningful legislation
to protect Federal whistleblowers. Chairman Johnson's Dr. Chris
Kirkpatrick Whistleblower Protection Act, approved unanimously
by the Committee, adopted recommendations put forward by
hearing witnesses, including prohibitions against accessing a
whistleblower's medical records and protocols to address
threats against VA employees. It also required discipline for
supervisors who retaliate against whistleblowers. Additionally,
the Committee approved a bill to reauthorize and reform the
Office of Special Counsel, the Office of Special Counsel
Reauthorization Act, to ensure it has the authorities and
resources necessary to protect Federal whistleblowers. The
Committee will work in the next Congress to ensure these
priorities are signed into law.
Finally, Senator McCaskill and Chairman Johnson introduced,
and the President signed into law, P.L. 114-261, legislation to
ensure that contractors and grantee employees working on
Federal contracts are protected when raising whistleblower
complaints.
Preserving Americans' Life, Liberty, and Pursuit of Happiness
Every American should have a chance to pursue the American
dream, including choosing what school to send their child to,
experiencing the dignity of work, and accessing potentially
lifesaving treatments. The Committee worked in the 114th
Congress to perform oversight and approve legislation to
provide all Americans with a fair chance to do just that.
The Committee worked to help ensure that Americans have a
fair chance to get a job. The Fair Chance Act, sponsored by
Senator Cory Booker and Chairman Johnson and approved by the
Committee, gives an opportunity to formerly incarcerated
individuals to have a fair chance at employment. The dignity of
work is probably the best way we can keep people from turning
back to a life of crime. In addition to legislation, the
Committee supported community solutions to help Americans find
work. In June 2016, the Committee held a hearing titled
Renewing Communities and Providing Opportunities Through
Innovative Solutions to Poverty, to highlight the work that
communities across the country are doing to fight poverty and
provide opportunities for employment. Community leaders like
Robert Woodson and companies like Seat King are finding
innovative solutions to help their neighborhoods. Chairman
Johnson has a very personal connection to these initiatives, as
he partnered with Wisconsin Pastor Jerome Smith to create the
Joseph Project, an initiative that trains, connects, and
transports Milwaukee workers seeking employment to
opportunities around Wisconsin.
The Committee also worked to help American parents have a
choice of where their children go to school. The Committee held
two hearings titled The Value of Education Choices for Low-
Income Families: Reauthorizing the D.C. Opportunity Scholarship
Program and The Milwaukee Parental Choice Program: A Pioneer
for School Choice Programs Nationwide to examine strategies for
improving opportunities for K-12 students, and particularly
those in urban communities where not all children have access
to schools that provide a high-quality learning environment.
The hearing highlighted Milwaukee, which has the nation's
oldest urban school choice program. Chairman Johnson challenged
the DOJ's four-year long effort to quash the Milwaukee Parental
Choice Program.\44\ After multiple requests to the DOJ to
explain the basis for its actions, rather than answer the
Chairman's questions, the DOJ closed its investigation into the
program.\45\
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\44\Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. &
Governmental Affairs, to Loretta Lynch, Attorney General, U.S. Dep't of
Justice (June 16, 2015). See also Letter from Ron Johnson, Chairman, S.
Comm. on Homeland Sec. & Governmental Affairs, to Loretta Lynch,
Attorney General, U.S. Dep't of Justice (July 17, 2015).
\45\Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. &
Governmental Affairs, to Loretta Lynch, Attorney General, U.S. Dep't of
Justice (Dec. 2, 2015). See also Erin Richards, Feds quietly close
long-running probe of Milwaukee voucher program, Milwaukee Journal
Sentinel (Jan. 4, 2016), http://archive.jsonline.com/news/education/
feds-quietly-close-long-running-probe-of-milwaukee-voucher-program-
b99644914z1-364068331.html.
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The Committee used its oversight tools to fight to ensure
that patients, especially those facing terminal illnesses, have
access to potentially life-saving treatments. Patients like
Trickett Wendler from Wisconsin, who passed away in 2015 from
amyotrophic lateral sclerosis (ALS) without the chance to
access new, experimental medication that could have helped
prolong her life. Another patient, Jordan McLinn, suffers from
Duchenne muscular dystrophy, and until just recently was not
allowed to access promising treatments that have helped other
little boys in trials. The drug development process, including
Food and Drug Administration (FDA) approval--more than four
years longer in the 2000s than the 1990s\46\ and 145 percent
more expensive in 2014 than it was 10 years earlier\47\--is
keeping patients from accessing innovative new drugs. Below are
a few examples of the Committee's work.
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\46\Fabio Pammolli, Laura Magazzini, and Massimo Riccaboni, ``The
Productivity Crisis in Pharmaceutical R&D,'' Vol. 10 AT 429, Nature
Reviews Drug Discovery (June 2011).
\47\Joseph A. Dimasi, Henry G. Grabowski, and Ronald W. Hansen,
``Cost of Developing a New Drug,'' Briefing, Tufts Center for the Study
of Drug Development (Nov. 18, 2014), http://csdd.tufts.edu/news/
complete--story/pr--tufts--csdd--2014--cost--study.
---------------------------------------------------------------------------
LCommittee Members demanded answers from the FDA,
including why the FDA has not used tools granted to it by
Congress to accelerate review of promising therapies,
prioritize the patient perspective in evaluating new
treatments, and provide regulators with flexibility to expedite
evaluation of drugs for rare diseases.\48\
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\48\Letter from Senator Johnson, Senator Carper, Senator Donnelly,
and Senator Coats, to Janet Woodock, M.D. (March 16, 2016); Letter from
Senator Ron Johnson and Senator Dan Coats to Robert Califf, M.D. (May
20, 2016); Letter from Senator Ron Johnson and Senator Lamar Alexander
to Robert Califf, M.D. (Sep. 16, 2016).
---------------------------------------------------------------------------
LMonths after Chairman Johnson pressed the FDA to
improve its application process for expanded access to drugs,
the FDA finalized the streamlined application.\49\
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\49\Letter from Senator Ron Johnson to Stephen Ostroff, M.D (Feb.
18, 2016); U.S. Food & Drug Administration, ``Statement from the FDA
Commissioner Robert Califf, M.D. on the release of the final individual
patient expanded access form,'' FDA Statement (June 2, 2016), http://
www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm504579.htm.
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LAfter holding a hearing titled Connecting
Patients to New and Potential Life Saving Treatments, on ways
to shorten the time between life-threatening conditions and
promising treatments, Chairman Johnson encouraged the FDA to
make its decision regarding approval of eteplirsen--a treatment
for Duchenne muscular dystrophy--and consider the health costs
of delays to patients.\50\ The FDA finally completed its review
nearly 15 months later and approved the treatment.\51\
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\50\Ed Silverman, Senators urge FDA to approve Sarepta drug for
Duchenne, STAT (May 24, 2016).
\51\U.S. Food & Drug Administration, ``FDA grants accelerated
approval to first drug for Duchenne muscular dystrophy,'' News Release
(Sep. 19, 2016), http://www.fda.gov/NewsEvents/Newsroom/
PressAnnouncements/ucm521263.htm.
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LChairman Johnson's leadership helped gain 42
bipartisan cosponsors for his legislation to ensure terminally-
ill patients have the freedom to access potentially lifesaving
treatments where no alternative exists. The Chairman will
continue to educate his colleagues about his bill, called the
Trickett Wendler Right to Try Act, and work to gain more
support to pass it next Congress.
The Committee also worked to find solutions to help prevent
the over-prescription of pain medication. The U.S. drug czar,
Michael Botticelli, told the Committee that ``four out of five
newer users to heroin started by misusing prescription pain
medication.''\52\ To address this problem, on April 7, 2016,
Chairman Johnson, along with Senators Manchin, Barrasso, and
Blumenthal, introduced the Promoting Responsible Opioid
Prescribing (PROP) Act to reduce the pressure doctors currently
face that may lead to overprescribing.\53\ During the
Committee's hearing in Wisconsin, Dr. Timothy Westlake, the
Vice Chairman of the State of Wisconsin Medical Examining
Board, testified that the PROP Act is ``the single-most
important piece of legislation reform that [policymakers] could
do.''\54\ Heeding these calls, in November 2016, the
Administration issued a final rule to implement the policy.\55\
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\52\America's Insatiable Demand for Drugs: Assessing the Federal
Response: Hearing Before the S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2016) (statement of Michael P. Botticelli,
Director, Office of National Drug Control Policy).
\53\S. 2578, PROP ACT of 2016, 114th Cong. (2016).
\54\Border Security and America's Heroin Epidemic: The Impact of
the Trafficking and Abuse of Heroin and Prescription Opioids in
Wisconsin: Hearing Before the S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2016) (statement of Timothy Westlake).
\55\Federal Register (Nov. 1, 2016), https://
www.federalregister.gov/documents/2016/11/14/2016-26515/medicare-
program-hospital-outpatient-prospective-payment-and-ambulatory-
surgical-center-payment.
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The Committee examined the Patient Protection and
Affordable Care Act (ACA) to determine how ACA tax credits were
being awarded to ineligible recipients-individuals who failed
to prove they were citizens or lawful residents of the United
States. In 2016, Chairman Johnson released a majority staff
report revealing that agencies are failing to recover this
misspent taxpayer money.\56\ The Committee also conducted
oversight of failed state exchanges, including the Oregon state
exchange, which received an estimated $5 billion in taxpayer
dollars,\57\ and examined failed ACA CO-OPs, which received
more than $2.4 billion in loans from the American
taxpayers,\58\ and the ACA's reinsurance program, which could
cost taxpayers an additional $4.5 billion.\59\ In September
2016, the Committee convened a hearing titled The State of
Health Insurance Markets, to examine how the ACA has affected
state health insurance markets.
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\56\Majority Staff Report, S. Comm. on Homeland Sec. & Governmental
Affairs, Affordable Care Act Premium Tax Credits: HHS and IRS Lack Plan
to Recover Improperly Spent Taxpayers Dollars, 114th Cong. (Feb. 8,
2016).
\57\Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting
Administrator, Centers for Medicare & Medicaid Servs. (May 31, 2016);
Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting
Administrator, Centers for Medicare & Medicaid Servs. (Sept. 16, 2015).
\58\Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting
Administrator, Centers for Medicare & Medicaid Servs. (Jan. 19, 2016).
\59\Letter from Senators Ron Johnson & Ben Sasse, to Andrew
Slavitt, Acting Administrator, Centers for Medicare & Medicaid Servs.
(July 28, 2016).
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Finally, the Committee was proud to support its Permanent
Subcommittee on Investigations' (PSI) bipartisan investigation
into child sex trafficking. The Committee voted unanimously to
direct Senate Legal Counsel to seek a court order to enforce a
PSI subpoena issued to the Chief Executive Offices of
Backpage.com, a company that had been under investigation by
the subcommittee for alleged sex trafficking of children on the
internet. The vote paved the way for a unanimous vote on the
Senate floor, and for an historic victory in Federal court.
Protecting America's Secrets
During the 114th Congress, Chairman Johnson examined former
Secretary of State Hillary Clinton's use of a private email
account and server while she was at the State Department. The
inquiry concerned the potential security risks created by
Secretary Clinton's extremely careless actions, which
ultimately resulted in the transmission of classified
information on a non-secure, non-governmental email system.
In March 2015, days after the existence of the server
became public, Chairman Johnson asked the State Department
Inspector General to examine the issue.\60\ This review
resulted in the FBI's criminal investigation, and the resulting
public awareness that over 190 emails on Secretary Clinton's
server contained classified information.\61\
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\60\Letter from Ron Johnson, Chairman, to Steve A. Linick,
Inspector Gen., U.S. Dep't of State (Mar. 18, 2015).
\61\Fed. Bureau of Investigation, Clinton E-mail Investigation
Mishandling of Classified--Unknown Subject or Country 20 (July 2016)
(on file with Comm.).
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In the months that followed, the Committee conducted
oversight of the State Department's awareness and approval of
Secretary Clinton's private email system, ultimately showing
that senior information technology professionals did not even
know the system existed.\62\ Chairman Johnson sought
information from the contractors and individual who maintained
the server to understand the security specifications and
management of the system.\63\ The Committee also examined how
Federal agencies mitigated the resulting security
vulnerabilities posed by Secretary Clinton's non-secure email
system and ensured that all Federal records are preserved.\64\
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\62\Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. &
Governmental Affairs, & Charles E. Grassley, Chairman, S. Comm. on the
Judiciary, to John Kerry, Secretary, Dep't of State (Sept. 21, 2015).
See also, e.g., Fed. Bureau of Investigation, Summary of Interview of
Lewis Lukens at 81 (June 15, 2016) (on file with Comm.).
\63\Letter from Ron Johnson, Chairman, to Treve Suazo, CEO, Platte
River Networks (Aug. 11, 2015); Letter from Ron Johnson, Chairman, to
Austin McChord, Chief Executive Officer, Datto, Inc. (Oct. 5, 2015);
Letter from Ron Johnson, Chairman, to Victor Nappe, Chief Executive
Officer SECNAP Network Security Corp. (Oct. 5, 2015); Letter from
Charles E. Grassley, Chairman, S. Comm. on the Judiciary, & Ron
Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to
Brian Pagliano (Sept. 14, 2015); Letter from Charles E. Grassley,
Chairman, S. Comm. on the Judiciary, & Ron Johnson, Chairman, S. Comm.
on Homeland Sec. & Governmental Affairs, to Brian Pagliano (Oct. 8,
2015).
\64\Letter from Ron Johnson, Chairman, to John Kerry, Secretary,
Dep't of State (Sept. 16, 2015); Letter from Ron Johnson, Chairman, to
James Clapper, Director of Nat'l Intelligence (Sept. 16, 2015).
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G. REGULATORY REFORM
Chairman Johnson and the Chairman and Ranking Member of the
Subcommittee on Regulatory Affairs and Federal Management made
improving the regulatory process a focus of the Committee's
work in the 114th Congress. The Committee held six hearings,
conducted extensive outreach to private sector stakeholders,
and moved bipartisan legislation to improve the regulatory
process.
During the Obama Administration, from January 20, 2009,
through December 31, 2015, there were approximately 25,000 new
regulations finalized--an average of 10 new regulations every
day.\65\ During that same period, there were 568 of the
category of largest and most costly rules, amounting to $665
million in new regulatory costs.\66\ Some estimates put the
total cost of regulations on the economy as high as $2.028
trillion per year.\67\ The Committee approved four bills on a
bipartisan basis that help ensure all agency regulations are
subject to the same scrutiny; require agencies to look back at
old rules and reconsider those that are obsolete or
ineffective; make permanent longstanding good-government
principles for analyzing new rules; and ensure earlier public
and stakeholder engagement so agencies consider all options
before adopting new, costly rules. The Committee also approved,
and the President signed, the Federal Permitting Improvement
Act, included in broader transportation legislation, P.L. 114-
94, to improve efficiency and coordination surrounding the
Federal permitting of major infrastructure construction
projects.
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\65\74 Fed. Reg. 1 (Jan. 20, 2009)--80 Fed. Reg. 251 (Dec. 31,
2015). The Number is Based on a Document Search for Published Rules in
the Date Range of 01/20/2009 to 12/31/2015; The Search Yielded 24,943
Rules.
\66\ American Action Forum, Regulation Rodeo, http://regrodeo.com/
(years 2009-2016; filter for ``major regulations''); Cong. Research
Service, Counting Regulations: An Overview of Rulemaking, Types of
Federal Regulations, and Pages in the Federal Register 8 (July 14,
2015), https://fas.org/sgp/crs/misc/R43056.pdf.
\67\ W. Mark Crain and Nicole V. Crain, The Cost of Federal
Regulation to the U.S. Economy, Manufacturing and Small Business, 1,
Report, National Association of Manufacturers (Sep. 10, 2014).
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The Committee pressured the Administration to roll back
costly regulations like the EPA's Waters of the United States
(WOTUS) and Clean Power Plan rules. The Committee held a
hearing titled The Impact of Federal Regulations: A Case Study
of Recently Issued Rules in Stevens Point, Wisconsin to
highlight the significant costs these rules would have on
farming, manufacturing, timber, and energy business, making it
more difficult (and in some cases nearly impossible) to grow
and hire. Chairman Johnson co-sponsored and was a strong
advocate for a Congressional resolution to repeal WOTUS, which
passed the Senate but was vetoed by the President.\68\
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\68\S.J. Res. 22, a joint resolution providing for congressional
disapproval under chapter 8 of title 5, United States Code, of the rule
submitted by the Corps of Engineers and the Environmental Protection
Agency relating to the definition of ``waters of the United States''
under the Federal Water Pollution Control Act (vetoed Jan. 21, 2016).
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Several majority staff reports highlighted the burden the
regulatory state is placing on Americans. Chairman Johnson,
Ranking Member Carper, and Senators Lankford and Heitkamp sent
letters to private sector stakeholders, including industry
representatives, think tanks, and environmental groups, to ask
for their input about the regulatory process.\69\ Chairman
Johnson summarized and compiled these responses, and released
them as part of a majority staff report.\70\ The report
provided Congress and the American people the opportunity to
hear different perspectives on the regulatory process and
understand the need for reform.
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\69\Letters from Ron Johnson, Thomas R. Carper, James Lankford, and
Heidi Heitkamp to various stakeholders (Mar. 18, 2015).
\70\Majority Staff Report, Direct From the Source: Understanding
Regulation From the Inside Out, S. Comm. on Homeland Sec. &
Governmental Affairs, 114th Cong. (Jan. 15, 2016).
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After obtaining relevant documents from the Labor
Department, the Securities and Exchange Commission, the
Treasury Department, the Office of Information and Regulatory
Affairs, and the Financial Industry Regulatory Authority,
Chairman Johnson issued a majority staff report detailing the
Labor Department's flawed process in crafting the so-called
``fiduciary'' rule, including how the Labor Department ignored
the advice of subject matter experts from other agencies.\71\
Chairman Johnson also conducted oversight of the Federal
Communications Commission (FCC)'s Open Internet Order in light
of public concerns that political pressure influenced the
decision-making process. A report issued by the majority staff
concluded that President Obama's statement during the
regulatory process caused the FCC to change course to align
with the President's preferred policy, an approach that, for
the first time, placed heavy-handed regulations on the
Internet.\72\
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\71\Majority Staff Report, The Labor Department's Fiduciary Rule:
How a Flawed Process Could Hurt Retirement Savers, S. Comm. on Homeland
Sec. & Governmental Affairs, 114th Cong. (Feb. 24, 2016).
\72\Majority Staff Report, Regulating the Internet: How the White
House Bowled Over FCC Independence, S. Comm. on Homeland Sec. &
Governmental Affairs, 114th Cong. (Feb. 29, 2016).
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Additionally, Chairman Johnson conducted oversight of a
proposed Energy Department rule that would have had a costly
impact on small businesses that manufacture dehumidifiers.\73\
One manufacturer in Wisconsin feared that it would have to
decrease its workforce by half.\74\ Following the Chairman's
oversight efforts, the final language of the rule was revised
allowing this business to continue to produce and sell its
dehumidifier without having to make significant business
cuts.\75\
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\73\Letter from Ron Johnson, Chairman to the Honorable David
Danielson, Assistant Secretary for Energy Efficiency and Renewable
Energy (Sept. 25, 2015).
\74\Various communications with Comm. staff (2015).
\75\Email from company to Comm. staff (Sept. 19, 2016), referencing
Federal Register (June 13, 2016), https://www.gpo.gov/fdsys/pkg/FR-
2016-06-13/pdf/2016-12881.pdf.
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H. WASTE, FRAUD, AND ABUSE
As the Senate's lead oversight committee and the committee
with direct legislative jurisdiction over governmental
operations, the Committee is tasked with conducting oversight
and passing legislation to combat waste, fraud, and abuse in
the Federal Government to yield significant cost savings to
taxpayers.
The Committee also works closely with government watchdogs,
including inspectors general (IGs) and the Government
Accountability Office (GAO), to identify needed reforms and
strengthen their ability to conduct oversight. The GAO is a
great partner to Congress in helping to locate wasteful,
inefficient, and duplicative spending in Federal programs. GAO
estimates its work has saved approximately $40 billion over the
last two years.\76\ GAO has made 636 recommendations to address
the findings of the reports; of those, 388 remain unaddressed
or partially addressed.\77\ Similarly, IGs estimate that they
save at least $21 for every one dollar Congress invests in
them.\78\ In October 2016, Chairman Johnson, along with
Chairman Grassley of the Senate Judiciary Committee, issued a
joint majority staff report finding that the Executive Branch
has failed to implement 15,222 open IG recommendations-reforms
that could have saved taxpayers a total of $87 billion.\79\
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\76\Government Reform: Ending Duplication and Holding Washington
Accountable: Hearing Before the S. Comm. on Homeland Sec. and Gov't
Affairs, 114th Cong. 15 (2016) (statement of Gene Dodaro, Comptroller
General of the United States).
\77\Id.
\78\Improving The Efficiency, Effectiveness, and Independence of
Inspectors General: Hearing Before The S. Comm. on Homeland Sec. and
Gov't Affairs, 114th Cong. 15 (2015) (statement of Michael Horowitz,
DOJ Inspector General).
\79\J. Majority Staff Report, Empowering Inspectors General:
Supporting the IG Community Could Save Billions for American Taxpayers,
S. Comm. on Homeland Sec. & Governmental Affairs & S. Comm. on the
Judiciary, 114th Cong. (Oct. 17, 2016).
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Given the value GAO and IGs have for the taxpayer, it is
important that IGs are in place and both IGs and GAO have the
tools they need to succeed. At the start of the last Congress,
there were eleven IG agency vacancies, totaling 15 percent of
all IGs. The most troubling of which was the vacancy at the VA
OIG. Through two hearings and numerous letters demanding
action, the Committee kept the pressure on the President to
nominate IGs for permanent positions.\80\ The Chairman and
Ranking Member moved six IGs through the Committee for full
Senate consideration this Congress. The Committee also approved
and the President signed
into law the Inspector General Empowerment Act of 2016, P.L.
114-317, a bill that grants much-needed authorities to IGs to
help them do their jobs better. The Chairman's legislation to
free GAO of some of its unnecessary reporting requirements was
also signed into law, P.L. 114-301.
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\80\See, e.g., Letter from Ron Johnson, Chairman, Comm. on Homeland
Sec. & Governmental Affairs, and John Thune, Chairman, Comm. on
Commerce, Science, & Transportation, to President Barack H. Obama (Aug.
5, 2015); Letter from Ron Johnson, Thomas R. Carper, and all other
Members of the Committee to President Barack H. Obama (Mar. 24, 2015);
Letter from Ron Johnson to President Barack H. Obama (Jan. 22, 2015).
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From 2013 to 2015, the improper payment total increased
from $105 billion to $136.5 billion.\81\ The Committee approved
seven bills that crack down on improper payments and fraud,
including a bill that would prevent the Social Security
Administration from paying hundreds of thousands of dollars to
people who are deceased, legislation that would protect retired
federal employees from having their retirement benefits stolen,
and the Ranking Member's legislation signed by the President,
P.L. 114-186, that would require agencies to implement best
practices in using data to identify fraud in its programs like
Social Security and Medicare.
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\81\Gov't Accountability Office, GAO-14-747T, Improper Payments:
Government-Wide Estimates and Reduction Strategies (July 9, 2014).
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The Committee has also approved a number of bills that
reduce Federal Government spending, prohibit and end
duplicative programs, and ensure that agencies spend money more
wisely. Eleven of these bills became law in the 114th Congress,
including a bill to close out empty and expired grant accounts
that cost taxpayers to maintain, P.L. 114-117; a bill to
drastically limit the amount of time a Federal employee can be
placed on administrative leave and paid for not working, P.L.
114-840; and other legislation to save money on Federal
vehicles, P.L.114-65, and agency software licenses, P.L. 114-
210.
The Chairman and Ranking Member also worked together to
pass meaningful reform of the Government's management of its
real property portfolio to help dispose of unnecessary and
costly properties. The Federal Assets Sale and Transfer Act,
P.L. 114-287 was a Committee priority for years, and finally
made it to the finish line in the 114th Congress. This bill
will prevent taxpayer dollars from being wasted on unneeded
buildings and generate revenue from the sale of these
buildings. The Committee ensured the reform efforts of the past
two Administrations will continue
by passing the Federal Property Management Reform Act, P.L.
114-318.
Other bills approved by the Committee in the 114th Congress
protect taxpayers from wasteful spending on the Government's
own employees, such as a ban on politicians spending taxpayer
money to pay for their own portraits or on bonuses paid to poor
performing federal employee. Another Committee-approved bill,
the Presidential Allowance Modernization Act, was passed
unanimously by the House and Senate but vetoed by the
President. The bill would have reduced the amount of money that
former Presidents can be paid by taxpayers if they make over
$400,000 a year. At a time when former Presidents are making
millions of dollars a year, the Committee believed it was a
responsible piece of legislation to save taxpayer money.
The Committee worked to make Federal Government programs
more efficient and transparent. Committee members may disagree
on how big the Federal Government should be, but we all agree
that what Government programs we have need to run efficiently
and effectively for the American public. With that common
ground in mind, the Committee approved and the President signed
into law seven pieces of legislation that help Federal agencies
hire employees more efficiently, help District of Columbia
courts administer justice more efficiently and fairly, and help
ensure efficient transitions of power from one new
administration to the next after a presidential election to
keep Americans safe.
Committee members also understand that by making more
documents, data, and information available to the public,
Federal agencies are held accountable for the decisions they
make and the money they spend. That is why the Committee
approved eight bills that, taken together, require agencies to
make their programs, data and documents, spending, grant
awards, and settlement agreements open to the public.
II. COMMITTEE JURISDICTION
The jurisdiction of the Committee (which was renamed the
Committee on Homeland Security and Governmental Affairs when
the 109th Congress convened) derives from the Rules of the
Senate and Senate Resolutions:
RULE XXV
* * * * * * * *
(k)(1) Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the Congressional Budget
Act of 1974.
3. Census and collection of statistics, including economic
and social statistics.
4. Congressional organization, except for any part of the
matter that amends the rules or orders of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of Columbia, except
appropriations therefor.
9. Organization and management of United States nuclear
export policy.
10. Organization and reorganization of the executive branch
of the Government.
11. Postal Service.
12. Status of officers and employees of the United States,
including their classification, compensation, and benefits.
(2) Such committee shall have the duty of----
(A) receiving and examining reports of the Comptroller
General of the United States and of submitting such
recommendations to the Senate as it deems necessary or
desirable in connection with the subject matter of such
reports;
(B) studying the efficiency, economy, and effectiveness of
all agencies and departments of the Government;
(C) evaluating the effects of laws enacted to reorganize
the legislative and executive branches of the Government; and
(D) studying the intergovernmental relationships between
the United States and the States and municipalities, and
between the United States and international organizations of
which the United States is a member.
SENATE RESOLUTION 73, 114th CONGRESS
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS.
Sec. 12. (a) * * *
* * * * * * * *
(e) INVESTIGATIONS----
(1) IN GENERAL.--The committee, or any duly authorized
subcommittee of the committee, is authorized to study or
investigate----
(A) the efficiency and economy of operations of all
branches of the Government including the possible existence of
fraud, misfeasance, malfeasance, collusion, mismanagement,
incompetence, corruption, or unethical practices, waste,
extravagance, conflicts of interest, and the improper
expenditure of Government funds in transactions, contracts,
and, activities of the Government or of Government officials
and employees and any and all such improper practices between
Government personnel and corporations, individuals, companies,
or persons affiliated therewith, doing business with the
Government; and the compliance or noncompliance of such
corporations, companies, or individuals or other entities with
the rules, regulations, and laws governing the various
governmental agencies and its relationships with the public;
(B) the extent to which criminal or other improper
practices or activities are, or have been, engaged in the field
of labor-management relations or in groups or organizations of
employees or employers, to the detriment of interests of the
public, employers, or employees, and to determine whether any
changes are required in the laws of the United States in order
to protect such interests against the occurrence of such
practices or activities;
(C) organized criminal activity which may operate in or
otherwise utilize the facilities of interstate or international
commerce in furtherance of any transactions and the manner and
extent to which, and the identity of the persons, firms, or
corporations, or other entities by whom such utilization is
being made, and further, to study and investigate the manner in
which and the extent to which persons engaged in organized
criminal activity have infiltrated lawful business enterprise,
and to study the adequacy of Federal laws to prevent the
operations of organized crime in interstate or international
commerce; and to determine whether any changes are required in
the laws of the United States in order to protect the public
against such practices or activities;
(D) all other aspects of crime and lawlessness within the
United States which have an impact upon or affect the national
health, welfare, and safety; including but not limited to
investment fraud schemes, commodity and security fraud,
computer fraud, and the use of offshore banking and corporate
facilities to carry out criminal objectives;
(E) the efficiency and economy of operations of all
branches and functions of the Government with particular
reference to----
(i) the effectiveness of present national security methods,
staffing, and processes as tested against the requirements
imposed by the rapidly mounting complexity of national security
problems;
(ii) the capacity of present national security staffing,
methods, and processes to make full use of the Nation's
resources of knowledge and talents;
(iii) the adequacy of present intergovernmental relations
between the United States and international organizations
principally concerned with national security of which the
United States is a member; and
(iv) legislative and other proposals to improve these
methods, processes, and relationships;
(F) the efficiency, economy, and effectiveness of all
agencies and departments of the Government involved in the
control and management of energy shortages including, but not
limited to, their performance with respect to----
(i) the collection and dissemination of accurate statistics
on fuel demand and supply;
(ii) the implementation of effective energy conservation
measures;
(iii) the pricing of energy in all forms;
(iv) coordination of energy programs with State and local
government;
(v) control of exports of scarce fuels;
(vi) the management of tax, import, pricing, and other
policies affecting energy supplies;
(vii) maintenance of the independent sector of the
petroleum industry as a strong competitive force;
(viii) the allocation of fuels in short supply by public
and private entities;
(ix) the management of energy supplies owned or controlled
by the Government;
(x) relations with other oil producing and consuming
countries;
(xi) the monitoring of compliance by governments,
corporations, or individuals with the laws and regulations
governing the allocation, conservation, or pricing of energy
supplies; and
(xii) research into the discovery and development of
alternative energy supplies; and
(G) the efficiency and economy of all branches and
functions of Government with particular references to the
operations and management of Federal regulatory policies and
programs.
(2) EXTENT OF INQUIRIES.--In carrying out the duties
provided in paragraph (1), the inquiries of this committee or
any subcommittee of the committee shall not be construed to be
limited to the records, functions, and operations of any
particular branch of the Government and may extend to the
records and activities of any persons, corporation, or other
entity.
(3) SPECIAL COMMITTEE AUTHORITY.--For the purposes of this
subsection, the committee, or any duly authorized subcommittee
of the committee, or its chairman, or any other member of the
committee or subcommittee designated by the chairman is
authorized, in its, his or her, or their discretion----
(A) to require by subpoena or otherwise the attendance of
witnesses and production of correspondence, books, papers, and
documents;
(B) to hold hearings;
(C) to sit and act at any time or place during the
sessions, recess, and adjournment periods of the Senate;
(D) to administer oaths; and
(E) to take testimony, either orally or by sworn statement,
or, in the case of staff members of the Committee and the
Permanent Subcommittee on Investigations, by deposition in
accordance with the Committee Rules of Procedure.
(4) AUTHORITY OF OTHER COMMITTEES.--Nothing contained in
this subsection shall affect or impair the exercise of any
other standing committee of the Senate of any power, or the
discharge by such committee of any duty, conferred or imposed
upon it by the Standing Rules of the Senate or by the
Legislative Reorganization Act of 1946.
(5) SUBPOENA AUTHORITY.--All subpoenas and related legal
processes of the committee and its subcommittee authorized
under S. Res. 253, agreed to October 3, 2013 (113th Congress)
are authorized to continue.
III. BILLS AND RESOLUTIONS REFERRED AND CONSIDERED
During the 114th Congress, 236 Senate bills and 141 House
bills were referred to the Committee for consideration. In
addition, 8 Senate Resolutions, 2 Senate Joint Resolutions, and
2 Senate Concurrent Resolutions were referred to the Committee.
The Committee reported 122 bills; an additional 26 measures
were discharged.
Of the legislation received by the Committee, 82 measures
became public laws, including 53 postal naming bills.
IV. HEARINGS
During the 114th Congress, the Committee held 85 hearings
on legislation, oversight issues, and nominations. Hearing
titles and dates follow.
The Committee also held 14 scheduled business meetings.
Lists of hearings with copies of statements by Members and
witnesses, with archives going back to 1997, are online at the
Committee's Web site, http://hsgac.senate.gov/.
Protecting America from Cyber Attacks: The Importance of Information
Sharing. January 28, 2015. (S. Hrg. 114-412)
The purpose of this single-panel hearing was to examine the
cybersecurity threats U.S. businesses and other organizations
face, and consider ways to mitigate those threats from a
private sector perspective. Witnesses first gave the Committee
an overview of the scope and size of cybersecurity threats
against U.S. businesses, then discussed the role of various
cybersecurity legislative and non-legislative proposals.
Witness proposals focused on improving information sharing and
data breach notification in order to mitigate cybersecurity
threats and filling gaps in current practices.
Witnesses: Marc D. Gordon, Executive Vice President and
Chief Information Officer, American Express; Scott Charney,
Corporate Vice President, Trustworthy Computing Group,
Microsoft Corporation; Peter J. Beshar, Executive Vice
President and General Counsel, Marsh & McLennan Companies,
Inc.; Richard Bejtlich, Chief Security Strategist, FireEye;
Greg Nojeim, Senior Counsel and Director, Freedom, Security &
Technology Project, Center for Democracy & and Technology.
Deferred Action on Immigration: Implications and Unanswered Questions.
February 4, 2015. (S. Hrg. 114-516)
The purpose of this single-panel hearing was to examine the
logistical, financial, and national security implications of
the President's Deferred Action for Childhood Arrivals (DACA)
and Deferred Action for Parental Accountability (DAPA)
programs. Witness testimony focused on how the executive
actions could impact border security, legal immigration
processes, federal tax revenue, social security, and various
other sectors.
Witnesses: Stephen C. Goss, Chief Actuary, U.S. Social
Security Administration; Hon. Eileen J. O'Connor, Partner,
Pillsbury Winthrop Shaw Pittman LLP; Luke P. Bellochi, Of
Counsel, Wasserman, Mancini & Chang and Former Deputy Ombudsman
for U.S. Citizenship and Immigration Services at the U.S.
Department of Homeland Security; Shawn Moran, Vice President,
National Border Patrol Council; Bo Cooper, Partner, Fragomen,
Del Rey, Bernsen & Loewy LLP and Former General Counsel at the
Immigration and Naturalization Service.
Risky Business: Examining GAO's 2015 List of High Risk Government
Programs. February 11, 2015. (S. Hrg. 114-413)
The purpose of this single-panel hearing was to examine the
Government Accountability Office's 2015 Edition of the High-
Risk Series. The Comptroller General's testimony focused on two
areas that were added this year: improving Veterans Affairs
(VA) health care and the management of information technology
(IT) acquisitions and operations; as well as two expanded
areas: enforcement of tax laws and ensuring and protecting
federal information systems, cyber critical infrastructure, and
privacy of personally identifiably information. The hearing
also discussed efforts that have led to notable progress in
addressing High Risk areas, and how to apply those best
practices to other areas.
Witnesses: Hon. Eugene L. Dodaro, Comptroller General of
the United States; U.S. Government Accountability Office,
accompanied by Cynthia Bascetta, Managing Director, Health
Care; Deborah Draper, Director, Health Care; Phillip Herr,
Director, Physical Infrastructure Issues; Dave Maurer,
Director, Homeland Security and Justice; J. Chris Mihm,
Managing Director, Strategic Issues; Dave Powner, Director,
Information Technology; James White, Director, Strategic
Issues; Gregory Wilshusen, Director, Information Technology.
Improving the Efficiency, Effectiveness, and Independence of Inspectors
General. February 24, 2015. (S. Hrg. 114-414)
The purpose of this single-panel hearing was to examine how
Congress can improve the efficiency, effectiveness, and
independence of Inspectors General. Witness testimony focused
on upcoming work of their respective offices; challenges faced
performing efficient, effective and independent audits,
investigations and other reports; and suggestions for tools
Congress could provide to help with their mission to combat
waste, fraud, and abuse in the federal government.
Witnesses: Hon. Michael E. Horowitz, Inspector General,
U.S. Department of Justice and Chair, Council of the Inspectors
General on Integrity and Efficiency; Hon. Steve A. Linick,
Inspector General, U.S. Department of State; Hon. John Roth,
Inspector General, U.S. Department of Homeland Security; Hon.
Patrick P. O'Carroll Jr., Inspector General, U.S. Social
Security Administration.
Toward a 21st Century Regulatory System. February 25, 2015.
(S. Hrg. 114-418)
The purpose of this single-panel hearing was to provide an
overview of the current state of the federal regulatory process
and give lawmakers a framework with which to consider ways to
assess rulemaking procedures and ultimately improve outcomes.
Witness testimony focused on suggestions for improving the
regulatory process.
Witnesses: Douglas Holtz-Eakin, Ph.D., President, American
Action Forum; Jerry Ellig, Ph.D., Senior Research Fellow,
Mercatus Center, George Mason University; Michael Mandel,
Ph.D., Chief Economic Strategist, Progressive Policy Institute;
Hon. Sally Katzen, Former Administrator of the Office of
Information and Regulatory Affairs at the Office of Management
and Budget.
Visa Waiver Program: Implications for U.S. National Security. March 12,
2015. (S. Hrg. 114-516)
The purpose of this two-panel hearing was to examine the
Visa Waiver Program and its implications for U.S. national
security. Witnesses described the current structure of the
program, including the security standards currently in place to
prevent terrorist travel, an assessment of the structure and
current capabilities of the Electronic Systems for Travel
Authorizations, and analysis of any gaps in the program that
could be used by foreign travelers to exploit the benefits of
the Visa Waiver Program. Further witness testimony focused on
recommendations for how Congress can strengthen the Visa Waiver
Program while maintaining the program's benefits.
Witnesses: Panel I: Hon. Michael Chertoff, Executive
Chairman and Co-Founder, The Chertoff Group; Marc Frey, Ph.D.,
Senior Director, Steptoe & Johnson LLP; Brian Jenkins, Senior
Adviser to the President, RAND Corporation. Panel II: Mark
Koumans, Deputy Assistant Secretary for International Affairs,
U.S. Department of Homeland Security; Maureen Dugan, Deputy
Executive Director of the National Targeting Center, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Edward Ramotowski, Deputy Assistant Secretary for
Visa Services, U.S. Department of State.
Examining Federal Improper Payments and Errors in the Death Master
File. March 16, 2015. (S. Hrg. 114-419)
The purpose of this single-panel hearing was to discuss the
federal improper payments and their root causes. Specifically,
the hearing will focus on errors in the Social Security
Administration's death data, which has a history of mistakenly
including both living people as deceased and deceased people as
living. Witness testimony focused on the root causes of
improper payments and the drivers behind this year's growth in
the government-wide improper payment rate after years of steady
decline.
Witnesses: Judy Rivers, Logan, Alabama; Sean Brune, Senior
Advisor to the Deputy Commissioner for Budget, Finance, Quality
and Management, U.S. Social Security Administration; Hon.
Patrick P. O'Carroll, Jr., Inspector General, U.S. Social
Security Administration; Hon. David Mader, Controller, Office
of Management and Budget; Beryl H. Davis, Director, Financial
Management and Assurance, U.S. Government Accountability
Office; Daniel Bertoni, Director, Education, Workforce, and
Income Security.
Securing the Southwest Border: Perspectives from Beyond the Beltway.
March 17, 2015. (S. Hrg. 114-516)
The purpose of this single-panel hearing was to examine the
current state of the security along the Southwest border by
hearing from those with first-hand knowledge of the region.
Witnesses drew upon their personal experiences living and
working along the Southwest border and offered suggestions on
how to increase the security of border communities and
prevention of illegal border crossing.
Witnesses: Chris Cabrera, Border Patrol Agent, Rio Grande
Valley Sector, U.S. Customs and Border Protection (testifying
on behalf of the National Border Patrol Council); Hon. Mark J.
Dannels, Sheriff, Cochise County, Arizona; Howard G. Buffet,
Chairman and CEO, Howard G. Buffett Foundation and Arizona
Landowner; Othal Brand, Farmer, McAllen, Texas; Monica
Weisberg-Stewart, Chairwoman, Committee on Immigration and
Border Security, Texas Border Coalition.
Securing the Border: Assessing the Impact of Transnational Crime. March
24, 2015. (S. Hrg. 114-516)
The purpose of this single-panel hearing was to examine the
transnational criminal and national security threats along the
borders and their impacts on border communities and the nation
at large. Witness testimony focused on current transnational
and drug-related crimes at our borders and how these threats
affect the entire country.
Witnesses: General Barry R. McCaffrey, USA (Ret.), Former
Director (1996-2001) of the Office of National Drug Control
Policy; John P. Torres, Former Acting Director and Former
Deputy Assistant Director for Smuggling and Public Safety at
U.S. Immigration and Customs Enforcement at the U.S. Department
of Homeland Security; Elizabeth Kempshall, Executive Director,
Arizona High Intensity Drug Trafficking Area, Office of
National Drug Control Policy; Benny Martinez, Chief Deputy
Sheriff, Brooks County, Texas; Bryan E. Costigan, Director,
Montana All-Threat Intelligence Center, Division on Criminal
Investigation, Montana Department of Justice.
Securing the Border: Understanding and Addressing the Root Causes of
Central American Migration to the United States. March 25,
2015. (S. Hrg. 114-516)
The purpose of this two-panel hearing was to examine what
is driving Central American migration to the U.S., particularly
by unaccompanied minors and family units, what the Department
of Homeland Security and other federal agencies are doing to
stem the migration, and what further measures may be needed by
Congress and the Administration. Witness testimony focused on
efforts to address the root causes that drove so many Central
American migrants to leave their home countries, thoughts on
the Alliance for Prosperity that was recently established by
the governments of El Salvador, Guatemala, and Honduras, and
recommendations of steps Congress can take to address the pull
factors driving migration of unaccompanied minors to the U.S.
Witnesses: Panel I: William Kandel, Analyst in Immigration
Policy, Congressional Research Service, U.S. Library of
Congress; Hon. Roger F. Noriega, Visiting Fellow, American
Enterprise Institute and Former Assistant Secretary for Western
Hemisphere Affairs at the U.S. Department of State; Hon. Adolfo
A. Franco, Former Assistant Administrator for Latin America and
Carribean at the U.S. Agency for International Development;
Eric L. Olson, Associate Director, Latin American Program,
Woodrow Wilson International Center for Scholars. Panel II:
Hon. Alan D. Bersin, Acting Assistant Secretary and Chief
Diplomatic Officer, Office of Policy, U.S. Department of
Homeland Security; Francisco Palmieri, Deputy Assistant
Secretary for Central America and the Carribean, Bureau of
Western Hemisphere Affairs, U.S. Department of State;
Lieutenant General Kenneth E. Tovo, USA, Military Deputy
Commander, U.S. Southern Command, U.S. Department of Defense.
Securing the Border: Defining the Current Population Living in the
Shadows and Addressing Future Flows. March 26, 2015.
(S. Hrg. 114-516)
The purpose of this one-panel hearing was to define the
scope of those who are currently residing unlawfully in the
United States, including by entering the United States
unlawfully or entering the country legally but overstaying a
visa, and to gain more information about this population. The
hearing also examined future migration into the United States
and explored ways to ensure legal migration into this country,
resulting in decreased pressures at our border. Witness
testimony focused on ways to incentivize orderly legal
migration, how guest worker programs can affect immigration
flows and the U.S. economy, and legal measures that might be
needed to address future workforce needs and reduce pressures
for unauthorized immigration
Witnesses: Jeffrey S. Passel, Ph.D., Senior Demographer,
Hispanic Trends Project, Pew Research Center; Daniel Garza,
Executive Director, The LIBRE Initiative; Madeline Zavodny,
Ph.D., Professor of Economics, Agnes Scott College and Adjunct
Scholar, American Enterprise Institute; Randel K. Johnson,
Senior Vice President, Labor, Immigration, and Employee
Benefits, U.S. Chamber of Commerce; Marc R. Rosenblum, Ph.D.,
Deputy Director on Immigration Policy Program, Migration Policy
Institute.
Tomah VAMC: Examining Quality, Access, and a Culture of Overreliance on
High-Risk Medications. March 30, 2015. (S. Hrg. 114-427)
The purpose of this two-panel field hearing, held jointly
with the House Committee on Veterans Affairs in Tomah,
Wisconsin, was to examine access and quality of care at the
Department of Veterans Affairs Medical Center in Tomah,
Wisconsin (Tomah VAMC). Witness testimony focused on veterans'
deaths due to over-prescription of high-risk medication at the
Tomah VAMC, the VA Inspector General's (IG) nonpublic
healthcare inspection of the facility, and allegations
regarding quality of care and a culture of fear at the
facility.
Witnesses: Panel I: Candace Delis, Auburndale, WI; Noelle
Johnson, Pharm. D., BCACP, CGP, Urbandale, IA; Ryan Honl,
Tomah, WI; Heather Simcakowski, Stevens Point, WI; Marvin
Simcakoski, Stevens Point, WI. Panel II: John Daigh, M.D.,
Assistant Inspector General for Healthcare Inspections, Office
of the Inspector General, U.S. Department of Veterans Affairs
(Dr. Daigh was accompanied by Alan Mallinger, M.D., Senior
Physician, Office of Healthcare Inspections); Carolyn Clancy,
M.D., Interim Under Secretary for Health, U.S. Department of
Veterans Affairs (Dr. Clancy was accompanied by Renee Oshinski,
Acting Network Director, VISN 12, Veterans Health
Administration, and Mario V. Desanctis, FACHE, Medical Center,
Director, Tomah VAMC Medical Center).
Reducing Unnecessary Duplication in Federal Programs: Billions More
Could be Saved. April 14, 2015. (S. Hrg. 114-435)
The purpose of this one-panel hearing was to examine the
Government Accountability Office (GAO)'s report titled, ``2015
Annual Report of the Additional Opportunities to Reduce
Fragmentation, Overlap, and Duplication and Achieve Other
Financial Benefits.'' The Comptroller General provided an
assessment of the GAO's Annual Report and provided
recommendations as to how the 114th Congress can strengthen the
efficiency and effectiveness of government programs and
activities. Additional testimony focused on the progress and
implementation of the previous recommendations, the documented
and potential savings if all the recommendations are
implemented, as well as the recommendations that require an act
of Congress to remedy.
Witnesses: Hon. Eugene L. Dodaro, Comptroller General of
the United States, U.S. Government Accountability Office,
accompanied by Cathleen Berrick, Managing Director, Defense
Capabilities and Management; Cynthia Bascetta, Managing
Director, Health Care; Paul Francis, Managing Director,
Acquisitions and Sourcing Management; Barbara Bovbjerg,
Managing Director, Education, Workforce and Income Security;
Mark Gaffigan, Managing Director, Natural Resources and
Environment; David Powner, Director, Information Technology;
Phillip Herr, Managing Director, Physical Infrastructure
Issues; James McTigue, Director, Strategic Issues (Tax).
IRS Challenges in Implementing the Affordable Care Act. April 15, 2015.
(S. Hrg. 114-423)
The purpose of this one-panel hearing was to examine the
current state of Affordable Care Act implementation at the IRS,
specifically the enforcement of the individual shared
responsibility provisions and the advanced premium tax credits
reconciliation process. Commissioner Koskinen provided an
assessment of the past filing season, in light of the
challenges faced by the IRS in implementing new provisions of
the Affordable Care Act.
Witnesses: Hon. John A. Koskinen, Commissioner, Internal
Revenue Service, U.S. Department of the Treasury.
2020 Census: Challenges Facing the Bureau for a Modern, Cost-Effective
Survey. April 20, 2015. (S. Hrg. 114-436)
The purpose of this one-panel hearing was to examine the
Census Bureau's preparation for the 2020 Census. Witness
testimony focused on the major initiatives being undertaken for
the 2020 Census, particularly in information technology, as
well as potential opportunities for cost savings. The panel
also discussed the American Community Survey, the Bureau's
efforts to include hard-to-count and underserved populations in
the 2020 Census, and actions Congress can take to ensure a
cost-effective yet accurate 2020 Census.
Witnesses: Hon. John H. Thompson, Director, U.S. Census
Bureau, U.S. Department of Commerce; Robert Goldenkoff,
Director of Strategic Issues, U.S. Government Accountability
Office; Carol R. Cha, Director of IT Acquisition Management
Issues, U.S. Government Accountability Office.
Securing the Border: Understanding Threats and Strategies for the
Northern Border. April 22, 2015. (S. Hrg. 114-516)
The purpose of this one-panel hearing was to examine
security challenges, including transnational criminal and
national security threats, along the U.S.-- Canada border and
the impact they have on border communities and the nation.
Witness testimony focused on threats at the northern border and
how agencies are working to investigate, identify and address
these threats, as well as ways to increase cross-border law
enforcement collaboration.
Witnesses: Michael J. Fisher, Chief, U.S. Border Patrol,
U.S. Customs and Border Protection, U.S. Department of Homeland
Security; John Wagner, Deputy Assistant Commissioner, Office of
Field Operations, U.S. Customs and Border Protection, U.S.
Department of Homeland Security; James Spero, Special Agent in
Charge - Buffalo, Homeland Security Investigations, U.S.
Immigration and Customs Enforcement, U.S. Department of
Homeland Security; David Rodriguez, Director, Northwest High
Intensity Drug Trafficking Area, Office of National Drug
Control Policy; Hon. Richard S. Hartunian, U.S. Attorney for
the Northern District of New York, U.S. Attorney's Office, U.S.
Department of Justice.
The Homeland Security Department's Budget Submission for Fiscal Year
2016. April 29, 2015. (S. Hrg. 114-437)
The purpose of this annual, one-panel hearing was to
discuss the Department of Homeland Security (DHS) budget
request for fiscal year 2016. Specifically, it examined how the
DHS budget request meets the current and future homeland
security needs of the nation.
Witness: Hon. Jeh C. Johnson, Secretary, Department of
Homeland Security.
Jihad 2.0: Social Media in the Next Evolution of Terrorist Recruitment.
May 7, 2015. (S. Hrg. 114-438)
The purpose of this one-panel hearing was to provide the
public with an understanding of terrorists' evolving
recruitment methods, especially through social media. Witness
testimony provided an overview of the threat posed by those
radicalized through social media in the United States and who
subsequently travel to a foreign nation to fight with terrorist
organizations, or remain in their country to conduct an attack.
Witnesses gave expert testimony on their research into the use
of social media as a recruitment tool by terrorist groups like
ISIS, and recommendations on how to counter the messaging used
by terrorist organizations.
Witnesses: Peter Bergen, Director, National Security
Studies Program, New America Foundation; J.M. Berger,
Nonresident Fellow, Project on U.S. Relations with the Islamic
World, the Brookings Institution; Mubin Shaikh, Author,
``Undercover Jihadi''; Daveed Gartenstein-Ross, Senior Fellow,
Foundation for Defense of Democracies.
Securing the Border: Fencing, Infrastructure, and Technology Force
Multipliers. May 13, 2015. (S. Hrg. 114-516)
The purpose of this one-panel hearing was to examine the
current state of fencing, infrastructure, and technology along
our borders and explore what additional resources may be
necessary. Witnesses provided a general overview of what
technology and tactical infrastructure is currently available
along our borders and what new technologies and additional
tactical infrastructure should be deployed. Discussion also
focused on understanding the costs, timelines, and
effectiveness of these resources and lessons learned from past
investments.
Witnesses: Randolph D. Alles, Assistant Commissioner,
Office of Air and Marine, U.S. Customs and Border Protections,
U.S. Department of Homeland Security; Mark S. Borkowski,
Assistant Commissioner, Office of Technology Innovation and
Acquisition, U.S. Customs and Border Protection, U.S.
Department of Homeland Security; Ronald D. Vitiello, Deputy
Chief, U.S. Border Patrol, U.S. Customs and Border Protection,
U.S. Department of Homeland Security; Anh N. Duong, Director,
Borders and Maritime Security Division, Directorate of Science
and Technology, U.S. Department of Homeland Security; Rebecca
Gambler, Director, Homeland Security and Justice, U.S.
Government Accountability Office; Michael Garcia, Legislative
Attorney, Congressional Research Service, U.S Library of
Congress.
The IRS Data Breach: Steps to Protect Americans' Personal Information.
June 2, 2015. (S. Hrg. 114-428)
The purpose of this two-panel hearing was to examine the
recently-announced unauthorized access of more than 100,000
taxpayer accounts at IRS.gov. Witnesses provided their thoughts
on the IRS' use of knowledge-based authentication (KBA) to
verify visitors' identities and any weaknesses in KBA; the pros
and cons of alternatives to KBA, such as two-factor
authentication; and what alternatives would look like in
practice. Discussion also focused on the means attackers used
to gain access to these accounts; when IRS first became aware
of these attempts; what IRS did in response to these attempts;
and future plans to improve security at IRS.gov.
Witnesses: Panel I: Michael Kasper, Poughkeepsie, New York;
Kevin Fu, Ph.D., Associate Professor, Department of Electrical
Engineering and Computer Science, University of Michigan;
Jeffrey E. Greene, Director, Government Affairs North America,
Symantec Corporation. Panel II: Hon. John A. Koskinen,
Commissioner, Internal Revenue Service, U.S. Department of the
Treasury; Terence V. Millholland, Chief Technology Officer,
Internal Revenue Service, U.S. Department of the Treasury.
Watchdogs Needed: Top Government Investigator Positions Left Unfilled
for Years. June 3, 2015. (S. Hrg. 114-486)
The purpose of this one-panel hearing was to examine the
need for permanent Inspectors General (IGs), including through
case-studies of the experiences with previous acting IGs, and
explore why many of these critical positions remain unfilled.
Witness testimony focused on the seven presidentially-appointed
IG vacancies, with particular attention to the Department of
Veterans' Affairs IG vacancy, reasons why they remain unfilled,
and the importance of swiftly taking action to address the
vacancies.
Witnesses: Hon. Michael E. Horowitz, Chair, Council of the
Inspectors General on Integrity and Efficiency and Inspector
General, U.S. Department of Justice; Danielle Brian, Executive
Director, Project on Government Oversight; Daniel Z. Epstein,
Executive Director, Cause of Action. Two other witnesses were
invited but declined to appear: Valerie Green, Director of the
Office of Presidential Personnel, and Jonathan McBride, former
director of the Office of Presidential Personnel.
Oversight of the Transportation Security Administration: First-Hand and
Government Watchdog Accounts of Agency Challenges. June 9,
2015. (S. Hrg. 114-439)
The purpose of this one-panel hearing was to examine the
operations and effectiveness of the Transportation Security
Administration (TSA) through first-hand accounts of current and
former TSA employees. Witnesses discussed the fact that despite
developing efficiencies in the passenger screening process,
recent reports issued by the Government Accountability Office
and the Department of Homeland Security Office of Inspector
General have identified shortcomings within the agency that
raise questions about how effectively TSA is fulfilling its
mission. Witnesses specifically reported allegations about
mismanagement, wasteful procedures, retaliations against
whistleblowers, low morale, and security gaps within the
agency.
Witnesses: Hon. John Roth, Inspector General, U.S.
Department of Homeland Security; Jennifer Grover, Director,
Transportation and Coast Guard Issues, Homeland Security and
Justice Team, U.S. Government Accountability Office; Robert J.
MacLean, Federal Air Marshal, Los Angeles Field Office, Federal
Air Marshal Service; Rebecca Roering, Assistant Federal
Security Director, Minneapolis-St. Paul International Airport,
U.S. Transportation Security Administration, U.S. Department of
Homeland Security.
Nomination of Peter V. Neffenger to be Assistant Secretary
(Transportation Security Administration), U.S. Department of
Homeland Security and David S. Shapira to be a Governor, United
States Postal Service Board of Governors. June 10, 2015. (S.
Hrg. 114-332)
This two-panel hearing considered the nomination of Peter
V. Neffenger to be Assistant Secretary (Transportation Security
Administration), U.S. Department of Homeland Security and David
S. Shapira to be a Governor, United States Postal Service Board
of Governors. Mr. Shapira was introduced by Sens. Robert P.
Casey, Jr. and Patrick J. Toomey.
Blowing the Whistle on Retaliation: Accounts of Current and Former
Federal Agency Whistleblowers. June 11, 2015. (S. Hrg. 114-447)
The purpose of this one-panel hearing was to highlight the
stories of whistleblowers from different agencies who allege
they faced retaliation because they brought attention to
government wrongdoing. Witnesses discussed the difficulties
whistleblowers face after a disclosure, the laws and procedures
in place to protect and assist whistleblowers, and
recommendations on further improvements.
Witnesses: Jason Luke Amerine, Lieutenant Colonel, United
States Army; Taylor Johnson, Senior Special Agent, Homeland
Security Investigations, U.S. Immigration and Customs
Enforcement, U.S. Department of Homeland Security; Michael
Keegan, Former Associate Commissioner for Facilities and Supply
Management at the U.S. Social Security Administration; Jose R.
Ducos-Bello, Chief Officer, U.S. Customs and Border
Protections, U.S. Department of Homeland Security; Thomas M.
Devine, Legal Director, Government Accountability Project.
Federal Real Property Reform: How Cutting Red Tape and Better
Management Could Achieve Billions in Savings. June 16, 2015.
(S. Hrg. 114-440)
The purpose of this one-panel hearing was to examine the
reasons why federal real property management remains a high-
risk issue and discuss the ways Congress can help eliminate the
real property portfolio of excess, surplus, or unused
properties and ensure better management of the federal real
estate portfolio. Witnesses focused on data management issues
as well as highlighted agencies who have succeeded in property
disposals through more disciplined management and the incentive
provided by the retention of property sale proceeds.
Witnesses: Hon. David Mader, Controller, Office of
Management and Budget; Norman Dong, Commissioner, Public
Buildings Service, U.S. General Services Administration; David
J. Wise, Director, Physical Infrastructure Issues, U.S.
Government Accountability Office.
Governing Through Goal Setting: Enhancing the Economic and National
Security of America. June 17, 2015. (S. Hrg. 114-448)
The purpose of this one-panel hearing was to identify
problems facing the nation and to identify bipartisan goals to
address them. This hearing provided an opportunity for
lawmakers from both sides of the aisle to discuss long and
short term solutions to the nation's biggest problems.
Witnesses from the private sector and state leaders provided
valuable insight by sharing their own experiences in problem
solving. The hearing served to reaffirm the Committee's
commitment to finding common ground among Republicans and
Democrats, and hopefully create a better working relationship
between members of Congress and the Administration.
Witnesses: Hon. Joseph I. Lieberman, Co-Chair, No Labels;
Hon. Jon M. Huntsman, Jr., Co-Chair, No Labels; Andrew H.
Tisch, Co-Chairman of the Board, Loews Corporation; Andrea
Hogan, President and Chief Executive Officer, Merchant Metals,
Inc.
Nomination of Carol F. Ochoa to be Inspector General, U.S. General
Services Administration. June 17, 2015. (S. Hrg. 114-402)
This one-panel hearing considered the nomination of Carol
F. Ochoa to be Inspector General, U.S. General Services
Administration. Senator James Lankford, Chairman of the
Subcommittee on Regulatory Affairs and Federal Management,
presided.
Accounting for the True Cost of Regulation: Exploring the Possibility
of a Regulatory Budget. June 23, 2015. (S. Hrg. 114-443)
The purpose of this one-panel hearing was to provide
perspectives from regulatory experts on regulatory budget
mechanisms as a means to better take control of and account for
the flow of regulatory costs. Witnesses discussed different
innovative regulatory systems that measure the costs of
regulations and reduce burdens that slow the growth of
economies.
Witnesses: Hon. Tony Clement, President of the Treasury
Board, Government of Canada; Hon. Susan E. Dudley, Director,
Regulatory Studies Center and Distinguished Professor of
Practice, George Washington University; Richard J. Pierce, Jr.,
Lyle T. Alverson Professor of Law, George Washington University
Law School.
Under Attack: Federal Cybersecurity and the OPM Data Breach. June 25,
2015. (S. Hrg. 114-449)
The purpose of this one-panel hearing was to examine the
recent data breaches involving the Office of Personnel
Management (OPM) and the state of information security at OPM
now and before the breaches. Witnesses walked the Committee
through the timeline of events, detailing when OPM learned
about the breaches, how and when they were remediated, and what
data the attackers may have accessed. Further discussion
centered on the programs and activities that are available to
help other agencies increase their defenses and ensure
compliance with relevant security requirements, as well as new
information security changes that are being implemented at OPM
as a result of the breaches.
Witnesses: Hon. Katherine Archuleta, Director, Office of
Personnel Management; Tony Scott, U.S. Chief Information
Officer, Office of Management and Budget; Andy Ozment, Ph.D.,
Assistant Secretary, Office of Cybersecurity and
Communications, National Protection and Programs Directorate,
U.S. Department of Homeland Security; Hon. Patrick E.
McFarland, Inspector General, Office of Personnel Management.
The 2014 Humanitarian Crisis at our Border: A Review of the
Government's Response to Unaccompanied Minors One Year Later.
July 7, 2015. (S. Hrg. 114-516)
The purpose of this one-panel hearing was to examine the
Federal Government's response to the 2014 surge of Central
American Unaccompanied Alien Children (UACs). Particularly, the
Committee examined how the responsibilities of caring for the
minors and resolving their immigration status is divided and
coordinated among different federal agencies. Witnesses
discussed their agency's involvement in processing UACs and how
they manage the child's information during and after the case
passes through their agency.
Witnesses: Juan P. Osuna, Director, Executive Office of
Immigration Review, U.S. Department of Justice; Mark H.
Greenberg, Acting Assistant Secretary, Administration for
Children and Families, U.S. Department of Health and Human
Services; Philip T. Miller, Assistant Director of Field
Operations, Enforcement and Removal Operations, U.S.
Immigration and Customs Enforcement, U.S. Department of
Homeland Security; Joseph E. Langlois, Associate Director,
Refugee, Asylum, and International Operations, U.S. Citizenship
and Immigration Services, U.S. Department of Homeland Security.
Stopping an Avian Influenza Threat to Animal and Public Health. July 8,
2015. (S. Hrg. 114-452)
The purpose of this one-panel hearing was to examine the
current outbreak of H5N2 and other highly pathogenic avian
influenza strains nationwide, including the response of federal
and industry stakeholders. Witnesses discussed the devastating
impact of this highly pathogenic avian influenza strain on
American farms and the broader economic disruption it has
caused. Discussion focused on the broader threat of highly
pathogenic avian influenza to the poultry industry going
forward, steps being taken to prepare for and mitigate any
impact of this pathogen, and recommendations for how the
federal response to this outbreak could be improved.
Witnesses: John R. Clifford, DVM, Chief Veterinary Officer,
U.S. Department of Agriculture; Anne Schuchat, M.D., Director,
National Center for Immunization and Respiratory Diseases,
Centers for Disease Control and Prevention and Assistant
Surgeon General, U.S. Public Health Service, U.S. Department of
Health and Human Services; Christopher P. Currie, Director,
Homeland Security and Justice, U.S. Government Accountability,
accompanied by Steve D. Morris, Director, Natural Resources and
Environment; Jack Gelb, Jr., Ph.D., Director, Avian Biosciences
Center, College of Agriculture and Natural Resources,
University of Delaware; Scott Schneider, Owner, Nature Link
Farm, Jefferson, Wisconsin and President, Wisconsin Poultry and
Egg Industries Association.
Understanding America's Long-Term Fiscal Picture. July 9, 2015. (S.
Hrg. 114-459)
This one-panel hearing focused on ways to better understand
the country's often complex ``balance sheet'', the uncertainty
involved in projecting the budget out 30 years or more, and
reconciling the policy choices necessary to address long-term
imbalances to what is politically possible. The director of the
Congressional Budget Office discussed the fact that without
major policy changes, the amount of federal debt held by the
public would be larger than the entire economy by 2039, and
would only increase from there. Dr. Hall and members of the
committee discussed what this actually means for taxpayers and
the sustainability of the major entitlements.
Witnesses: Hon. Keith Hall, Ph.D., Director, Congressional
Budget Office.
Securing the Border: Understanding Threats and Strategies for the
Maritime Border. July 15, 2015. (S. Hrg. 114-516)
The purpose of this one-panel hearing was to examine the
security challenges, including transnational crime and national
security threats, along the United States' maritime borders.
Witnesses discussed how agencies use air and marine
technologies to protect the maritime borders of the United
States, efforts to disrupt dug and human trafficking, and steps
being taken to prevent illegal immigration. Testimony also
focused on how agencies such as CBP, the U.S. Coast Guard, and
ICE are better coordinating to stop the trafficking of
narcotics and other illicit substances through our nation's
coastlines, waterways, and ports.
Witnesses: Rear Admiral Peter J. Brown, Assistant
Commandant for Response Policy, U.S. Coast Guard; Randolph D.
Alles, Assistant Commissioner, Office of Air and Marine, U.S.
Customs and Border Protections, U.S. Department of Homeland
Security; Peter Edge, Executive Associate Director, Homeland
Security Investigations, U.S. Immigration and Customs
Enforcement, U.S. Department of Homeland Security.
The Milwaukee Parental Choice Program: A Pioneer for School Choice
Programs Nationwide. July 20, 2015. (S. Hrg. 114-460)
The purpose of this one-panel hearing was to examine the
Milwaukee Parental Choice Program as an educational option for
Milwaukee families and as a guide for school choice programs
nationwide. Established in 1990, the Milwaukee Parental Choice
program is the oldest and largest urban school choice program
in the nation. There are over 21 school choice programs across
the country as of the 2013-2014 school year, including the D.C.
Opportunity Scholarship Program. Witnesses discussed their
experience with the Milwaukee Parental Choice Program and
challenges the program faces in its administration and from
involvement by the Department of Justice.
Witnesses: Justice Shorter, Former MPCP Student and
Graduate of Messmer High School, Washington, District of
Columbia; Diana Lopez, Former MPCP Student and Graduate of St.
Anthony High School, Milwaukee, Wisconsin; Brother Robert
Smith, Former Principal, Messmer High School, Milwaukee,
Wisconsin; John Witte, Ph.D., Professor Emeritus, University of
Wisconsin-Madison; Richard Komer, Senior Attorney, Institute
for Justice; Henry Tyson, Superintendent, St. Marcus Lutheran
School.
Protecting the Electric Grid from the Potential Threats of Solar Storms
and Electromagnetic Pulse. July 22, 2015. (S. Hrg.
114-483)
The purpose of this one-panel hearing was to examine the
extent to which electromagnetic pulses and severe solar storms
may pose a threat to the electric gird in the United States,
the U.S. grid's readiness for such events, and potential
opportunities for mitigation. Witnesses gave their perspectives
on the relative likelihood, and anticipated impact, of a
geomagnetic disturbance (GMD) to the U.S. electric grid,
compared with that of an electromagnetic pulse (EMP) attack.
Further discussion focused on the EMP Commission's
recommendations to address the risks from potential EMP and
solar storms events, the costs and benefits of mitigating
against these threats, and recommendations for next steps the
government and industry can take to increase the U.S. grid's
readiness for such events.
Witnesses: Hon. R. James Woolsey, Former Director of
Central Intelligence and Chairman, Foundation for Defense of
Democracies; Joseph H. McClelland, Director, Office of Energy
Infrastructure Security, Federal Energy Regulatory Commission;
Richard L. Garwin, Ph.D., Fellow Emeritus, IBM Thomas J. Watson
Research Center (testifying in a personal capacity);
Christopher P. Currie, Director, Homeland Security and Justice,
U.S. Government Accountability Office; Bridgette L. Bourge,
Senior Principal, Legislative Affairs, National Rural Electric
Cooperative Association.
Nomination of Denise T. Roth to be Administrator, U.S. General Services
Administration. July 23, 2015. (S. Hrg. 114-405)
This one-panel hearing considered the nomination of Denise
T. Roth to be Administrator, U.S. General Services
Administration.
Avoiding Duplication: An Examination of the State Department's Proposal
to Construct a New Diplomatic Security Training Facility. July
28, 2015. (S. Hrg. 114-461)
The purpose of this one-panel hearing was to examine the
State Department's reduced scope proposal for the Foreign
Affairs Security Training Center and the process for its
selection. Witness testimony focused on what specific or unique
infrastructure requirements the State Department needs to
provide appropriate training to Diplomatic Security agents and
other State Department personnel. Further discussion focused on
the specific costs associated with the existing facility and
its training capacity in comparison to the proposals presented
by the State Department and the Department of Homeland
Security.
Witnesses: Hon. Gregory B. Starr, Assistant Secretary,
Bureau of Diplomatic Security, U.S. Department of State; Hon.
David Mader, Acting Deputy Director for Management and
Controller, Office of Federal Financial Management, Office of
Management and Budget; Connie L. Patrick, Director, Federal Law
Enforcement Training Center, U.S. Department of Homeland
Security.
Oversight of the Bureau of Prisons: First-Hand Accounts of Challenges
Facing the Federal Prison System. August 4, 2015. (S. Hrg. 114-
475)
The Bureau of Prisons (BOP) has experienced a significant
increase in population since the 1980s and as a result, the
BOP's budget has grown significantly. In FY 1980, Congress
appropriated $330 million for the BOP, while for FY2014
Congress appropriated $6.859 billion. Recent reports issued by
the Department of Justice Office of the Inspector General have
identified shortcomings within the Bureau that include,
shortfalls in inmate programming, the safety and security of
inmates, and a lack of support after reentry. The purpose of
this two-panel hearing was to examine how effectively the BOP
is fulfilling its core mission and to discuss what reforms are
necessary to improve the criminal justice system. Witnesses
shared their personal experiences with the criminal justice
system and dialogue focused on the need to eliminate the
practice of solitary confinement and to drastically improve
rehabilitation programming and reentry programs.
Witnesses: Panel I: Piper Kerman, Author, Orange is the New
Black: My Year in a Women's Prison; Jerome Dillard, Reentry
Coordinator, Dane County, Wisconsin; Udi Ofer, Executive
Director, American Civil Liberties Union of New Jersey. Panel
II: Charles E. Samuels, Jr., Director, Federal Bureau of
Prisons, U.S. Department of Justice; Hon. Michael E. Horowitz,
Inspector General, U.S. Department of Justice.
Field Hearing: All Hands on Deck: Working Together to End the
Trafficking and Abuse of Prescription Opioids, Heroin, and
Fentanyl. September 14, 2015. (S. Hrg. 114-516)
The purpose of this hearing was to examine the illicit
trafficking and abuse of prescription opioids, heroin, and
fentanyl and their adverse and enduring effects on lives,
families, communities, and our national security. This hearing
also examined efforts to prevent and treat those suffering from
addiction to these substances. Witnesses discussed trends
observed in New Hampshire with regard to the availability of
prescription opioids, heroin, and fentanyl; trends in overdoses
and fatal overdoses related to these substances; and
trafficking routes specific to New England. Further testimony
focused on the importance of effective treatment options for
those struggling with substance use disorders and law
enforcement efforts to prevent and treat those suffering from
addiction to these substances.
Witnesses: Panel I: Enoch ``Nick'' Willard, Chief,
Manchester Police Department; Doug Griffin, Father of Courtney
Griffin, Newton, NH; Heidi Moran, Clinical Administrator,
Southeastern New Hampshire Services, Dover, NH. Panel II: Hon.
Michael P. Botticelli, Director, Office of National Drug
Control Policy; Hon. R. Gil Kerlikowske, Commissioner, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; John ``Jack'' Riley, Acting Deputy Administrator,
Drug Enforcement Agency, U.S. Department of Justice.
A Review of Regulatory Reform Proposals. September 16, 2015.
(S. Hrg. 114-480)
This hearing was held as part of the Committee's ongoing
efforts to examine the federal regulatory process and explore
ways to improve it. Specifically, this hearing focused on
existing legislative reform proposals under consideration by
the Committee. Members were given an opportunity to discuss
their own proposals, developed based on information gathered
through prior hearings, roundtables, and expert consultation,
and heard from experts on ways to further improve these
proposals before proceeding on to formal legislative
consideration by the Committee.
Witnesses: Hon. Susan E. Dudley, Director, Regulatory
Studies Center and Distinguished Professor of Practice, George
Washington University; Sidney A. Shapiro, Frank U. Fletcher
Chair in Administrative Law, Wake Forest University and Vice
President, Center for Progressive Reform.
Improving VA Accountability: Examining First-Hand Accounts of
Department of Veterans Affairs Whistleblowers. September 22,
2015. (S. Hrg. 114-484)
Although whistleblower protections have been in place for
decades, an alarming number of employees at the Department of
Veterans Affairs (VA) have reported facing hardships after
exposing wrongdoing that threatens the care and well-being of
our nation's veterans. This hearing highlighted the stories of
VA employees who reported experiencing difficulties for
bringing to light issues that compromised patient care and
exposed official misconduct. Testimony focused on ways that
Congress and relevant agencies can further encourage federal
employees to come forward with allegations of waste, fraud, and
abuse.
Witnesses: Panel I: Sean Kirkpatrick, Chicago, IL; Brandon
Coleman, Ph.D. (c), LISAC, Addiction Therapist, Phoenix VA
Health Care System, Phoenix, AZ; Joseph Colon, Credentialing
Program Support, VA Caribbean Healthcare System, San Juan, PR;
Shea Wilkes, Licensed Clinical Social Worker, Overton Brooks VA
Medical Center, Shreveport, LA. Panel II: Hon. Carolyn N.
Lerner, Special Counsel, Office of Special Counsel; Linda
Halliday, Deputy Inspector General, U.S. Department of Veterans
Affairs; Carolyn Clancy, M.D., Chief Medical Officer, Veterans
Health Administration; U.S. Department of Veterans Affairs; Dr.
Clancy was accompanied by Mr. Michael Culpepper, Acting
Director, Office of Accountability Review.
A Review of the Department of Education and Student Achievement.
September 30, 2015. (S. Hrg. 114-530)
This hearing took a macro look at the country's education
system and reviewed the Department of Education's role in
determining outcomes for America's students. In particular, the
committee examined the longitudinal measures of student
achievement and determined areas where the Department of
Education has succeeded as well as fallen short in
accomplishing key priorities.
Witnesses: Panel I: Richard K. Vedder, Ph.D., Director,
Center for College Affordability and Productivity; Kevin Carey,
Director, Education Policy Program, New America Foundation.
Panel II: Hon. Theodore R. Mitchell, Under Secretary, U.S.
Department of Education.
Threats to the Homeland. October 8, 2015. (S. Hrg. 114-487)
The purpose of this hearing was to provide the public with
an understanding of the prevailing threats to the security of
the United States of America. The witnesses discussed, to the
extent applicable, threats as they relate to the Committee's
stated priorities: border security, critical infrastructure
protection, cyber security, and countering violent extremism.
Witnesses: Hon. Jeh C. Johnson, Secretary, U.S. Department
of Homeland Security; Hon. James B. Comey, Jr., Director,
Federal Bureau of Investigation, U.S. Department of Justice;
and Hon. Nicholas J. Rasmussen, Director, National
Counterterrorism Center, Office of the Director of National
Intelligence.
Ongoing Migration from Central America: An Examination of FY2015
Apprehensions. October 21, 2015. (S. Hrg. 114-516)
The purpose of this hearing was to examine the causes
behind the ongoing migration from Central America, including
the recent influx of family units and unaccompanied minors
arriving at the southwest border outside the usual seasonal
pattern. Witnesses discussed their visits to Central America,
experiences with migrants at the U.S. border, and other
relevant experiences. The discussion examined DHS's public
announcement efforts in the sending countries, as well as U.S.
programming in Guatemala, El Salvador, and Honduras aimed at
deterring future migration surges.
Witnesses: Kimberly M. Gianopoulos, Director, International
Affairs and Trade, U.S. Government Accountability Office; Chris
Cabrera, Border Patrol Agent, Rio Grande Valley Sector, U.S.
Customs and Border Protection, on behalf of the National Border
Patrol Council; Kevin Casas-Zamora, D.Phil., Senior Fellow and
Program Director, Peter D. Bell Rule of Law Program, Inter-
American Dialogue; Duncan Wood, Ph.D., Director, Mexico
Institute, Woodrow Wilson International Center for Scholars;
The Most Reverend Mark J. Seitz, Bishop, Diocese of El Paso,
Texas, on behalf of the U.S. Conference of Catholic Bishops.
Assessing the State of Our Nation's Biodefense. October 28, 2015. (S.
Hrg. 114-515)
This hearing examined the findings of a report published by
the Blue Ribbon Study Panel on Biodefense, co-chaired by former
Secretary of Homeland Security Tom Ridge and former Senator
Joseph Lieberman. The hearing covered the Blue Ribbon Panel's
investigation of our nation's biodefense capabilities and
strategies, particularly as it pertains to the conclusions and
recommendations reached by the Panel. The witnesses also
discussed how Congress, the Administration, and stakeholders
can work together to better address biological threats facing
our nation.
Witnesses: Hon. Thomas J. Ridge, Co-Chair, Blue Ribbon
Study Panel on Biodefense; Hon. Joseph I. Lieberman, Co-Chair,
Blue Ribbon Study Panel on Biodefense.
The Value of Education Choices for Low-Income Families: Reauthorizing
the D.C. Opportunity Scholarship Program. November 4, 2015. (S.
Hrg. 144-525)
This two-panel hearing examined the D.C. Opportunity
Scholarship Program as an educational option for low-income
families in the District of Columbia. Witnesses discussed the
history of the program, the different educational opportunities
available to students in the District of Columbia, and student
achievement in the program. The hearing also touched on
recommendations for improving the D.C. Opportunity Scholarship
Program through the SOAR Reauthorization Act of 2015.
Witnesses: Panel I: Hon. Dianne Feinstein; Hon. Tim Scott;
Hon. Eleanor Holmes Norton. Panel II: Hon. Kevin Chavous; Mary
Elizabeth Blaufuss; Gary Jones; Linda Cruz Catalan; Christopher
Lubienski, Ph.D.
The Impact of ISIS on the Homeland and Refugee Resettlement. November
19, 2015. (S. Hrg. 114-543)
The purpose of this two-panel hearing was to provide the
public with an understanding of the threat posed by the Islamic
State of Iraq and Syria (ISIS) to the U.S. homeland. It
examined how the terrorist attacks in Paris and across the
globe impact the United States' Syrian refugee resettlement
program and current vulnerabilities in the program. Witnesses
also discussed other vulnerabilities the U.S. faces, such as
the Visa Waiver Program, student visas, and threats along the
northern and southwest borders.
Witnesses: Panel I: Hon. Anne C. Richard, Assistant
Secretary for Population, Refugees, and Migration, U.S.
Department of State; Hon. Leon Rodriguez, Director, U.S.
Citizenship and Immigration Services, U.S. Department of
Homeland Security. Panel II: Peter Bergen, Director, National
Security Studies Program, New America Foundation; Brian Michael
Jenkins, Senior Advisor to the President, RAND Corporation;
Daveed Gartenstein-Ross, Senior Fellow, Foundation for Defense
of Democracies; Hon. Eric P. Schwartz, Dean, Humphrey School of
Public Affairs, University of Minnesota and Former Assistant
Secretary for Population, Refugees, and Migration at the U.S.
Department of State (2009-2011); Lavinia Lim"n, President and
Chief Executive Officer, U.S. Committee for Refugees and
Immigrants.
America's Heroin Epidemic at the Border: Local, State, and Federal Law
Enforcement Efforts to Combat Illicit Narcotic Trafficking.
November 23, 2015. (S. Hrg. 114-516)
The purpose of this two-panel field hearing was to examine
the illicit trafficking of narcotics crossing the Arizona
border, particularly heroin, prescription opioids, and
methamphetamine, and their adverse and enduring effects on
lives, families, communities, and our national security. The
witnesses also discussed the threats posed to Arizonans by
transnational criminal organizations (TCOs) smuggling heroin
and other illicit narcotics across the Arizona border, the
level of federal funding available to prosecute drug cases, and
how coordination between state, local, and federal law
enforcement to combat illicit narcotic trafficking can be
improved.
Witnesses: Panel I: Hon. Douglas A. Ducey, Governor, State
of Arizona, Accompanied by Colonel Frank Milstead, Director,
Arizona Department of Public Safety; Hon. R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection, U.S.
Department of Homeland Security. Panel II: Hon. Bill
Montgomery, County Attorney, Maricopa County; Hon. Mark J.
Dannels, Sheriff, Cochise County; Dawn Mertz, Executive
Director, Arizona HIDTA, Office of National Drug Control
Policy; Brandon Judd, President, National Border Control
Council; Jeff Taylor, Member, Public Advisory Board/Public
Policy, The Salvation Army.
Nomination of Hon. Carol Waller Pope to be a Member, Federal Labor
Relations Authority, and Robert A. Salerno and Darlene M.
Soltys to be Associate Judges, Superior Court of the District
of Columbia. December 3, 2015. (S. Hrg. 114-411)
This one-panel hearing considered the nominations of the
Honorable Carol Waller Pope to be a Member of the Federal Labor
Relations Authority and Robert A. Salerno and Darlene M. Soltys
to be Associate Judges of the Superior Court of the District of
Columbia. Ms. Pope, Mr. Salerno, and Ms. Soltys were introduced
by Delegate Eleanor Holmes Norton. Senator James Lankford,
Chairman of the Subcommittee on Regulatory Affairs and Federal
Management, presided.
Nomination of Michael J. Missal to be Inspector General, U.S.
Department of Veterans Affairs, and the Honorable Carolyn N.
Lerner to be Special Counsel, Office of Special Counsel.
January 12, 2016.
This one-panel hearing considered the nominations of
Michael J. Missal to be Inspector General, U.S. Department of
Veterans Affairs, and the Honorable Carolyn N. Lerner to be
Special Counsel, Office of Special Counsel. Mr. Missal was
introduced by Senator Jon Tester. Ms. Lerner was introduced by
Senator Benjamin L. Cardin.
Inside the Mind of ISIS: Understanding Its Goals and Ideology to Better
Protect the Homeland. January 20, 2016. (S. Hrg.
114-566)
The purpose of this one panel hearing was to provide the
public with an understanding of how ISIS sets its goals,
derives its strategy, and motivates its followers. Witnesses
testified about why ISIS's ideology resonates with its
followers and supporters, what motivates ISIS-inspired
mobilization in America, and how religious extremism influences
ISIS's goals, strategy, and cultivation of supporters. The
hearing also provided a broad overview of ISIS's ideology and
discussed what the United States Government can do to
discourage homegrown violent extremists that might be
vulnerable to the group's ideological message.
Witnesses: Bernard Haykel, D.Phil., Director, The Institute
Of Transregional Studies and Professor of Near Eastern Studies,
Princeton University; Jessica Stern, Ph.D., Research Professor,
Pardee School for Global Studies, Boston University; Lorenzo G.
Vidino, Ph.D., Director, Program on Extremism, Center for Cyber
And Homeland Security, George Washington University; Hedieh
Mirahmadi, President, World Organization for Resource
Development and Education.
Laying Out the Reality of the United States Postal Service. January 21,
2016. (S, Hrg. 114-579)
This two-panel hearing examined the state of the USPS,
including USPS finances, changes to USPS business in the past 5
years, and the impact of the legislative and regulatory burdens
placed on the USPS, including the Universal Service Obligation,
the mandate to prefund the Retiree Health Benefits Fund, rate
caps and requirements, and limits to new businesses. Witnesses
also discussed how companies have adapted to the problems
facing the USPS, and restructuring opportunities within the
USPS.
Witnesses: Panel I: Megan J. Brennan, Postmaster General
and Chief Executive Officer, U.S. Postal Service; Hon. Robert
G. Taub, Acting Chairman, Postal Regulatory Commission; Lori
Rectanus, Director, Physical Infrastructure, U.S. Government
Accountability Office; Hon. David C. Williams, Inspector
General, U.S. Postal Service; James E. Millstein, Former Chief
Restructuring Officer at the U.S. Department Of The Treasuryand
Founder And Chief Executive Officer, Millstein & Co. Panel II:
Fredric V. Rolando, President, National Association Of Letter
Carriers, John ``Chip'' Hutcheson III, President, National
Newspaper Association; Kathy Collins, General Manager,
Rothschild Mill Domtar Paper Company.
Frontline Response to Terrorism in America. February 2, 2016.
The purpose of this single-panel hearing was to examine the
state and local response to the recent terror attacks in the
United States, as well as explore how first responders across
the country are preparing for the next attack. The hearing also
highlighted the successes, failures, and areas that need
improvement when coordinating with federal agencies during
emergencies.
Witnesses: Wally Sparks, Chief of Police, Everest Metro
Police Department, Weston, Wisconsin; Hon. William J. Bratton,
Police Commissioner, New York City Police Department, New York,
New York; Rhoda Mae Kerr, President and Chair of the Board,
International Association of Fire Chiefs, Austin, Texas; Edward
F. Davis III, Chief Executive Officer, Edward Davis, LLC, and
Former Commissioner of the Boston Police Department, Boston,
Massachusetts; Mark S. Ghilarducci, Director, California Office
of Emergency Services and the Governor's Homeland Security
Advisor, Mather, California.
Canada's Fast-Track Refugee Plan: Unanswered Questions and Implications
for U.S. National Security. February 3, 2016.
The purpose of this single-panel hearing was to examine
Canada's plan to resettle 25,000 Syrian refugees by the end of
February 2016. Witnesses discussed the Canadian Government's
progress in meeting its deadline and provided a description of
how Canada currently vets its refugees to verify their
identity, nationality, and whether they pose a security risk.
The hearing also examined the tools the U.S. Border Patrol
currently has to prevent illegal crossings along our northern
border, as well as issues of information sharing between the
U.S. and Canada.
Witnesses: Guidy Mamann, Senior Partner, Mamann, Sandaluk &
Kingwell, LLP, Toronto, Canada; David B. Harris, Director,
International Intelligence Program, Insignis Strategic
Research, Inc., Ottawa, Canada; Dean Mandel, Border Patrol
Agent, Buffalo Sector, U.S. Customs and Border Protection
(Testifying On Behalf Of The National Border Patrol Council);
Laura Dawson, Ph.D., Director, Canada Institute, Woodrow Wilson
International Center For Scholars.
Nomination of the Honorable Beth F. Cobert to be Director, Office of
Personnel Management. February 4, 2016.
This one-panel hearing considered the nomination of the
Honorable Beth F. Cobert to be Director, Office of Personnel
Management.
Connecting Patients to New and Potential Life Saving Treatments.
February 25, 2016.
This one-panel hearing focused on identifying possible
barriers that prevent patients from accessing new and
potentially lifesaving therapies, often in the face of terminal
or debilitating conditions. Patients and experts discussed the
steps Congress can take to reduce impediments and help connect
willing patients and potential medical innovations.
Witnesses: Darcy Olsen, President and Chief Executive
Officer, Goldwater Institute; Laura McLinn, Indianapolis, IN;
Diego Morris, Phoenix, AZ; Joseph V. Gulfo, M.D., Executive
Director, Rothman Institute of Innovation and Entrepreneurship,
Fairleigh Dickinson University; Nancy Goodman, Executive
Director, Kids v Cancer.
Nomination of the Honorable Patrick Pizzella to be a Member, Federal
Labor Relations Authority, and Julie H. Becker, Steven N. Berk,
and Elizabeth C. Wingo to be Associate Judges, Superior Court
of the District of Columbia. March 2, 2016.
This one-panel hearing considered the nominations of the
Honorable Patrick Pizzella to be a Member, Federal Labor
Relations Authority, and Julie H. Becker, Steven N. Berk, and
Elizabeth C. Wingo to be Associate Judges, Superior Court of
the District of Columbia.
How Canine Programs Contribute to Homeland Security. March 3, 2016.
The purpose of this one-panel hearing was to understand how
the Department of Homeland Security utilizes canine units to
execute its security operations. Witnesses described TSA's and
CBP's training programs and how the agencies deploy their
canine units as part of airport and border security operations.
The hearing also covered the conditions necessary to provide
suitable dogs for security programs, and future demand for
additional canine units. Witnesses from DHS were accompanied by
three canines and their handles who conducted a demonstration
of their specialized skills.
Witnesses: Kimberly S. Hutchinson, Deputy Assistant
Administrator, Office of Training and, Development,
Transportation Security Administration, U.S. Department of
Homeland Security; Damian Montes, Director, Canine Program,
U.S. Customs and Border Protection, U.S. Department of Homeland
Security; Jennifer Grover, Director, Homeland Security and
Justice, U.S. Government Accountability Office; Cindy Otto,
D.V.M., Ph.D., Executive Director, Penn Vet Working Dog Center,
University of Pennsylvania.
The Homeland Security Department's Budget Submission for Fiscal Year
2017. March 8, 2016.
The purpose of this one-panel hearing was to discuss the
Department of Homeland Security's budget request for fiscal
year 2017. The witness discussed how the DHS budget request
meets the current and future homeland security needs of the
nation.
Witness: Hon. Jeh C. Johnson, Secretary, U.S. Department of
Homeland Security.
The Security of U.S. Visa Programs. March 15, 2016.
The purpose of this one-panel hearing was to understand the
security of U.S. visa programs, including policies and
procedures for screening visa applicants, adjudicating and
overseeing visa benefits, and enforcing immigration laws.
Witnesses discussed opportunities for Immigration and Customs
Enforcement (ICE) and U.S. Citizenship and Immigration Services
(USCIS) to strengthen programs related to visa screening,
immigration benefits management, and immigration law
enforcement, including the status of the Inspector General's
recommendations regarding visa security. The hearing also
covered efforts to increase collaboration between the State
Department, USCIS, and ICE.
Witnesses: David Donahue, Principal Deputy Assistant
Secretary for Consular Affairs, U.S. Department of State; Hon.
Leon Rodriguez, Director, U.S. Citizenship and Immigration
Services, U.S. Department of Homeland Security; Hon. Sarah R.
Saldana, Director, U.S. Immigration and Customs Enforcement,
U.S. Department of Homeland Security; Hon. John Roth, Inspector
General, U.S. Department of Homeland Security.
DHS Management and Acquisition Reform. March 16, 2016.
The purpose of this one-panel hearing was to examine
critical management and acquisition functions at the U.S.
Department of Homeland Security. The hearing will highlight
management and acquisition challenges historically faced by the
Department, progress made in addressing these challenges, and
potential reforms to address outstanding challenges.
Witnesses: Hon. Russell C. Deyo, Under Secretary for
Management, U.S. Department of Homeland Security; Hon. Charles
H. Fulghum, Deputy Under Secretary for Management and Chief
Financial Officer, U.S. Department of Homeland Security; Hon.
John Roth, Inspector General, U.S. Department of Homeland
Security; Rebecca Gambler, Director, Homeland Security and
Justice, U.S. Government Accountability Office; Michele Mackin,
Director, Acquisition and Sourcing Management, U.S. Government
Accountability Office.
Terror in Europe: Safeguarding U.S. Citizens at Home and Abroad. April
5, 2016.
The purpose of this one-panel hearing was to examine the
current terrorism threat environment in Europe, to understand
its causes and the challenges facing European nations, and to
understand the security implications for the United States.
Witnesses discussed how the European counterterrorism efforts
differ from the United States' counterterrorism system and how
those differences impact both European and American security.
Witnesses: Hon. Juan C. Zarate, Senior Advisor, Center for
Strategic and International Studies; Julianne Smith, Senior
Fellow and Director of the Strategy and Statecraft Program,
Center for a New American Security; Daveed Gartenstein-Ross,
Senior Fellow, Foundation for Defense of Democracies; Clinton
Watts, Robert A. Fox Fellow, Foreign Policy Research Institute.
America's Insatiable Demand for Drugs. April 13, 2016.
The purpose of this one-panel hearing was to examine how
America's insatiable demand for drugs affects U.S. border
security and local communities across the nation, and to assess
strategies to reduce that demand. Witnesses discussed the
public health challenge of reducing demand for illegal drugs,
how treatment reduces the demand for drugs, and the value of
media and peer-to-peer campaigns to combat drug use. The
hearing also covered the path various drugs take to reach the
United States, how these smuggling routes impact the regions
that are transited, and how a reduction in demand may impact
the illegal trafficking of narcotics across the United States'
borders.
Witnesses: General John F. Kelly, USMC (Ret.), Former
Commander of the United States Southern Command (2012-2016);
Jonathan P. Caulkins, Stever Professor of Operations Research &
Public Policy, Heinz College, Carnegie Mellon University;
Cheryl Healton, Dean, College of Global Public Health, New York
University; Tony Sgro, Chief Executive Officer, EdVenture
Partners; Robert Budsock, President and Chief Executive
Officer, Integrity House, Inc.
The Federal Perspective on the State of Our Nation's Biodefense. April
14, 2016.
The purpose of this one-panel hearing was to examine the
current capabilities of key federal departments and agencies to
assist the nation in preventing, detecting, responding to, and
recovering from major biological incidents, both natural and
intentional. Witnesses discussed how their organizations assess
the nation's current preparedness and biosurveillance
capabilities, and what opportunities may exist for improvement
in coordination among federal partners. Witnesses also
discussed the October 2015 report issued by the Blue Ribbon
Study Panel on Biodefense, and the federal government's
response to the Zika virus.
Witnesses: Richard J. Hatchett, M.D., Acting Director,
Biomedical Advanced Research and Development Authority, Office
of the Assistant Secretary for Preparedness and Response, U.S.
Department of Health and Human Services; Stephen C. Redd, M.D.,
Director, Office of Public Health Preparedness and Response,
Centers for Disease Control and Prevention; Kevin Shea,
Administrator, Animal and Plant Health Inspection Service, U.S.
Department of Agriculture; Aaron M. Firoved, Ph.D., Director,
National Biosurveillance Integration Center, Office of Health
Affairs, U.S. Department of Homeland Security; Christopher P.
Currie, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
Border Security and America's Heroin Epidemic: The Impact of the
Trafficking and Abuse of Heroin and Prescription Opioids in
Wisconsin. April 15, 2016.
The purpose of this two-panel hearing was to examine the
illicit trafficking of narcotics crossing the border and
transiting into Wisconsin, particularly heroin, prescription
opioids, and methamphetamine, and their adverse and enduring
effects on the lives, families, and communities across
Wisconsin. Witnesses discussed efforts to reduce both the
availability of and the demand for drugs throughout Wisconsin,
as well as interdiction efforts at our nation's borders and
ports of entry. Panelists also described their personal
experiences with addiction and recovery, and ways that federal,
state, and local governments and organizations can improve
education, prevention, and treatment options to help prevent
and reduce opioid addiction.
Witnesses: Panel I: James F. Bohn, Director, Wisconsin
HIDTA, Office of National Drug Control Policy; Timothy
Westlake, M.D., Vice Chairman, State of Wisconsin Medical
Examining Board and Chairman, Controlled Substance Committee;
Tyler Lybert, Accompanied by Ashleigh Nowakowski, Your Choice-
Live, Hartland, Wisconsin; Lauri Badura, Mother of Archie
Badura, Oconomowoc, Wisconsin. Panel II: Hon. R. Gil
Kerlikowske, Commissioner, U.S. Customs and Border Protection,
U.S. Department of Homeland Security, Hon. Brad Schimel,
Attorney General, Department of Justice, State of Wisconsin;
Hon. Jon Erpenbach, State Senator, District 27, State of
Wisconsin; Hon. John Nygren, State Representative, District 89,
State of Wisconsin.
The Administrative State: An Examination of Federal Rulemaking. April
20, 2016.
The purpose of this one-panel hearing was to examine
administrative rulemaking in the United States, including the
rulemaking process, the economic impact of final regulations,
and rulemakings by independent agencies. Specifically, this
hearing centered on three case studies-the FCC's net neutrality
rule, the Labor Department's fiduciary rule, and the EPA's
Waters of the United States rule.
Witnesses: Jonathan Turley, Professor of Public Interest
Law, The George Washington University Law School; Randolph J.
May, President, The Free State Foundation; Hon. Bradford P.
Campbell, Counsel, Drinker Biddle & Reath, LLP and Former
Assistant Secretary for Employee Benefits at the U.S.
Department of Labor; William Kovacs, Senior Vice President for
the Environment, Technology & Regulatory Affairs, U.S. Chamber
of Commerce; Robert Weissman, President, Public Citizen.
Nomination of the Honorable Jeffrey A. Rosen to be a Governor, United
States Postal Service. April 21, 2016.
This one-panel hearing considered the nomination the
Honorable Jeffrey A. Rosen to be a Governor, United States
Postal Service. Mr. Rosen was introduced by Senator Rob
Portman.
Examining the Impact of the Opioid Epidemic in Ohio. April 22, 2016.
The purpose of this two-panel hearing was to examine the
abuse of prescription opioids, heroin, and fentanyl and their
adverse and enduring effects on lives, families, and
communities. The hearing also examined efforts to prevent and
treat those suffering from addiction to these substances,
including babies born with Neonatal Abstinence Syndrome.
Witnesses discussed the role of the federal government and the
importance of a cohesive national strategy that takes into
account prevention, education, treatment, and support for
individuals in recovery.
Witnesses: Panel I: Hon. R. Michael DeWine, Attorney
General, State of Ohio; Carole S. Rendon, Acting U.S. Attorney,
Northern District of Ohio, United States Attorney's Office,
U.S. Department of Justice; Tracy Plouck, Director, Ohio
Department of Mental Health and Addiction Services. Panel II:
Michele Walsh, M.D., Division Chief, Neonatology, UN Case
Medical Center, UH Rainbow Babies and Children's Hospital,
Nancy K. Young, Ph.D., Director, Children and Family Futures,
Inc.; Margaret Kotz, D.O., Director, Addiction Recovery
Services, UH Case Medical Center, University Hospitals, Emily
Metz, Program Coordinator, Project DAW; Rob Brandt, Founder,
Robby's Voice.
Government Reform: Ending Duplication and Holding Washington
Accountable. April 27, 2016.
The purpose of this one-panel hearing was to examine the
need for oversight and reform to improve the federal
government's operations and achieve cost savings. The hearing
primarily focused on the Government Accountability Office
(GAO)'s report titled, ``2016 Annual Report: Additional
Opportunities to Reduce Fragmentation, Overlap, and Duplication
and Achieve Other Financial Benefits.'' Witnesses provided an
assessment of the GAO's Annual Report and recommendations as to
how the 114th Congress can strengthen the efficiency and
effectiveness of government programs and activities through
legislation and oversight of Executive Branch activities.
Witnesses: Hon. Tom Coburn, M.D., Former U.S. Senator from
the State of Oklahoma; Hon. Eugene L. Dodaro, Comptroller
General of the United States, U.S. Government Accountability
Office.
America's Insatiable Demand for Drugs: Assessing the Federal Response.
May 17, 2016.
The purpose of this one-panel hearing is to examine how the
U.S. is allocating funds to fight the war on drugs. Witnesses
discussed the more than $2.5 billion annual to combat illicit
drug use, how resources are currently directed, what programs
and strategies appear to be working, and what can be improved
upon. Witnesses also provided information on the costs of
prevention and treatment, the risks of failing to treat
individuals suffering from substance use disorders and the
success rate of treatments addressing substance use disorders.
Witnesses: Hon. Michael P. Botticelli, Director, Office of
National Drug Control Policy; Kana Enomoto, Prinicipal Deputy
Administrator, Substance Abuse and Mental Health Services
Administration, U.S. Department of Health and Human Services;
Diana Maurer, Director, Homeland Security and Justice, U.S.
Government Accountability Office.
Assessing the Security of Critical Infrastructure: Threats,
Vulnerabilities, and Solutions. May 18, 2016.
The purpose of this one-panel hearing was to examine
current threats to critical infrastructure across the United
States, initiatives underway among the sectors and states, and
any opportunities to improve how the federal government is
working with the private sector on these issues. Witnesses
discussed the current top threats to different sectors, and
identified best practices that if implemented can improve
information sharing between stakeholders.
Witnesses: Major General Donald P. Dunbar, Adjutant
General, State of Wisconsin; Tom Farmer, Chair, Partnership for
Critical Infrastructure Security; Ted Koppel, Author, Lights
Out: A Cyberattack, a Nation Unprepared, Surviving the
Aftermath; Scott Aaronson, Managing Director, Cyber and
Infrastructure Security, Edison Electric Institute.
Protecting America from the Threat of ISIS. May 26, 2016.
The purpose of this one-panel hearing was to examine steps
taken by the Department of Homeland Security and the Department
of State to mitigate the threat to the homeland from ISIS and
affiliated terrorist groups in the wake of the Brussel terror
attacks that occurred on March 22, 2016. Witnessed provided an
overview of the steps taken by the Departments to increase
security in the aftermath of these terrorist attacks as well as
the challenges that these kinds of coordinated terrorist
attacks create for the U.S. homeland. Additionally, Senators
asked about ways to improve the screening of both visa
applicants and those travelers seeking to come to the United
States through the Visa Waiver Program.
Witnesses: Hon. Alejandro N. Mayorkas, Deputy Secretary,
U.S. Department of Homeland Security; Justin Siberell, Acting
Coordinator of Counterterrorism, Bureau of Counterterrorism,
U.S. Department of State.
Tomah VAMC: Examining Patient Care and Abuse of Authority. May 31,
2016.
This one-panel hearing focused on the Committee's
investigation into the over prescription of high-risk
medication including opioids, patient deaths, and abuse of
authority at the Tomah VAMC; the Department of Veterans Affairs
Inspector General's healthcare inspection of the facility; and
concerns regarding the culture and quality of care at the
facility. Witnesses also discussed the steps taken by the VA to
respond to these issues.
Witnesses: Hon. Sloan D. Gibson, Deputy Secretary, U.S.
Department of Veterans Affairs; Hon. Michael J. Missal,
Inspector General, U.S. Department of Veterans Affairs. Mr.
Gibson was accompanied by Dr. Gavin West, Senior Medical
Advisor, Clinical Operations, and Mr. Missal was accompanied by
Dr. John D. Daigh, Jr., Assistant IG for Healthcare
Inspections.
Frustrated Travelers: Rethinking TSA Operations to Improve Passenger
Screening and Address Threats to Aviation. June 7, 2016.
The purpose of this one-panel hearing was to examine TSA
operations. Witnesses discussed steps being taken to address
security vulnerabilities at airport checkpoints discovered
through covert testing conducted by the DHS Office of Inspector
General in June 2015. Additionally, panelists described the
steps TSA is taking to address wait times at many U.S. airports
without compromising security, and how to work with private
sector stakeholders in order to address the problem.
Witnesses: Hon. Peter V. Neffenger, Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security; Hon. John Roth, Inspector General, U.S.
Department of Homeland Security; Jennifer Grover, Director,
Homeland Security and Justice, U.S. Government Accountability
Office.
America's Insatiable Demand for Drugs: Examining Solutions. June 15,
2016.
The purpose of this roundtable was to examine potential
alternative approaches to address America's insatiable demand
for drugs. Witnesses discussed the effects of policies such as
decriminalization, legalization, and safe injection sites would
impact on global drug consumption. Panelists also provided a
brief history and current status of illicit drug consumption in
the U.S., law enforcement and treatment programs, and how
Congress can direct Federal funding to address this problem.
Witnesses: D. Scott Macdonald, M.D., Physician Lead,
Providence Crosstown Clinic; Ethan Nadelmann, Ph.D., Executive
Director, Drug Policy Alliance; David W. Murray, Senior Fellow,
Hudson Institute; Frederick Ryan, Chief of Police, Arlington,
Massachusetts.
The Ideology of ISIS. June 21, 2016.
The purpose of this one panel hearing was to examine ISIS's
poisonous ideology and how it targets specific populations with
terrorism and persecution, as we saw in the recent terrorist
attack in Orlando. Two witnesses were human rights activists
with first-hand experience of Islamic extremist persecution
because their communities are specifically targeted for
execution by ISIS. The other witnesses were subject matter
experts on ISIS and Islamic law and provided broader context.
Witnesses: Hassan Hassan, Resident Fellow, Tahrir Institute
for Middle East Policy and Co-Author, ISIS: Inside the Army of
Terror; Tarek Elgawhary, Ph.D., Director, Religious Studies
Programs, World Organization for Resource Development and
Education; Subhi Nahas, Chairman of the Board, Spectra Project;
Nadia Murad, Human Rights Activist.
Renewing Communities and Providing Opportunities Through Innovative
Solutions to Poverty. June 22, 2016.
The purpose of this one-panel hearing was to examine how
community leaders across America are finding innovative
solutions to address needs in their communities. Witnesses
spoke of the need for civil society to provide community-based
solutions and gave examples of leaders renewing communities.
Panelists also discussed long-term federal spending, spending
on the War on Poverty, poverty statistics, and evidence-based
evaluation of federal programs.
Witnesses: Robert Woodson, Founder and President, Center
for Neighborhood Enterprise; Peter L. Ochs, President, Capital
III, Inc.; Ron Haskins, Ph.D., Senior Fellow, Brookings
Institution; Olivia Golden, Executive Director, Center for Law
and Social Policy.
Nomination of Andrew Mayock to be Deputy Director for Management,
Office of Management and Budget. June 28, 2016.
This one-panel hearing considered the nomination of Andrew
Mayock to be Deputy Director for Management, Office of
Management and Budget.
From Crop to Craft Beer: Federal Regulation's Impact on America's Food
and Agriculture. August 17, 2016.
The purpose of this single-panel field hearing was to
examine the nexus between federal regulatory activity and its
impact on businesses in the agriculture sector and connected
industries. Witnesses included principals at small and medium-
sized enterprises directly engaged in businesses affected by
regulations applicable to food and agriculture issues.
Witnesses: Jim Zimmerman, Farmer, Rosedale, Wisconsin; Rick
Vaughan, Chief Executive Officer, Innovative Ag Services; David
Fritz, President and Volunteer Director, Potosi Foundation,
Inc.; and Richard Williams, Ph.D., Director, Regulatory Studies
Program, Mercatus Center, George Mason University.
The State of Health Insurance Markets. September 15, 2016.
The purpose of this single-panel hearing was to examine the
status of the health insurance market in states across the
country. The witnesses described their states' projected rates
for 2017 and the overall market for insurance in their state in
recent years.
Witnesses: Hon. Mary Taylor, Lieutenant Governor and
Director, Ohio Department of Insurance, State of Ohio; J.P.
Wieske, Deputy Commissioner, Office of the Commissioner of
Insurance, State of Wisconsin; Nick Gerhart, Commissioner, Iowa
Insurance Division, State of Iowa; and the Honorable Mike
Kreidler, Commissioner, Office of the Insurance Commissioner,
State of Washington.
Exploring a Right to Try for Terminally Ill Patients, September 22,
2016.
In the last few years, more than 30 states have adopted
``right to try'' laws which are intended to authorize doctors,
patients, and medical manufacturers to administer treatments
that have demonstrated safety but are not yet approved for
general use in the United States. S. 2912, the Trickett Wendler
Right to Try Act, is intended to provide additional support for
efforts by clarifying the federal government's role in allowing
access to experimental treatments. This two-panel hearing
examined the right to try movement from multiple perspectives
within the medical ecosystem and provided the committee with a
better understanding of how these laws may affect patients,
doctors, and the clinical trial process.
Witnesses: Panel I: Matthew Bellina, Lieutenant Commander,
U.S. Navy (Retired); Hon. Ian Calderon, Majority Leader, State
Assembly, State of California; Hon. Jim Neely, D.O., Member,
House of Representatives, State of Missouri; Richard Garr,
Former President and Chief Executive Officer, Neuralstem, Inc.;
and Andrew McFadyen, Executive Director, The Isaac Foundation.
Panel II: Peter Lurie, M.D., M.P.H., Associate Commissioner for
Public Health Strategy and Analysis, Food and Drug
Administration, U.S. Department of Health and Human Services.
Fifteen Years After 9/11: Threats to the Homeland. September 27, 2016.
The purpose of this single-panel hearing was to examine the
most critical security threats facing our nation for the
American public, discuss how threats have evolved, and discuss
what law enforcement and intelligence agencies, specifically
the Department of Homeland Security, the Federal Bureau of
Investigation, and the National Counterterrorism Center, are
doing to counteract them.
Witnesses: Hon. Jeh C. Johnson, Secretary, U.S. Department
of Homeland Security; Hon. James B. Comey, Jr., Director,
Federal Bureau of Investigation, U.S. Department of Justice;
and Hon. Nicholas J. Rasmussen, Director, National
Counterterrorism Center, Office of the Director of National
Intelligence.
Nominations of the Honorable Robert G. Taub and the Honorable Mark D.
Acton to be Commissioners, Postal Regulatory Commission.
November 15, 2016.
This one-panel hearing considered the nominations of the
Honorable Robert G. Taub and the Honorable Mark D. Acton to be
Commissioners, Postal Regulatory Commission.
Initial Observations of the New Leadership at the U.S. Border Patrol.
November 30, 2016.
The purpose of this single-panel hearing was to understand
the current state of the security of the U.S. borders and the
top priorities for improving the U.S. Border Patrol in the
future. The witnesses explained their initial observations on
what is working, what they hope to improve upon, and what they
see as opportunities to enhance security across all U.S.
borders. Witnesses also discussed the current surge in
apprehensions occurring along the southwest border, policies
associated with this surge, and how the Border Patrol's
multilayer strategy of fencing, technology, and manpower is
addressing the crisis.
Witnesses: Mark Morgan, Chief, U.S. Border Patrol, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security, and Carla Provost, Deputy Chief, U.S. Border Patrol,
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
V. REPORTS, PRINTS, AND GAO REPORTS
During the 114th Congress, the Committee prepared and
issued 81 reports and 5 Committee Prints on the following
topics. Reports issued by Subcommittees are listed in their
respective sections of this document.
COMMITTEE REPORTS
Grant Reform and New Transparency Act of 2016. S. Rept.
114-407.
Bonuses for Cost Cutters Act of 2015. S. Rept.
114-406.
Open Government Data Act. S. Rept. 114-396.
Federal Cybersecurity Enhancement Act of 2015. S. Rept.
114-378.
Countering Online Recruitment of Violent Extremists Act of
2015. S. Rept. 114-365.
Construction Consensus Procurement Improvement Act of 2015.
S. Rept. 114-366.
Federal Information Systems Safeguards Act of 2016. S.
Rept. 114-361.
Office of Special Counsel Reauthorization Act of 2016. S.
Rept. 114-360.
District of Columbia Judicial Financial Transparency Act.
S. Rept. 114-359.
GAO Access and Oversight Act of 2016. S. Rept. 114-356.
Early Participation in Regulations Act of 2015. S. Rept.
114-343.
Principled Rulemaking Act of 2015. S. Rept. 114-342.
To amend title 5, United States Code, to expand law
enforcement availability pay to employees of U.S. Customs and
Border Protection's air and marine operations. S. Rept. 114-
344.
National Urban Search and Rescue Response System Act of
2016. S. Rept. 114-307.
Biodefense Strategy Act of 2016. S. Rept. 114-306.
GAO Mandates Revision Act of 2016. S. Rept. 114-305.
Federal Property Management Act of 2016. S. Rept. 114-304.
Cross-Border Trade Enhancement Act of 2015. S. Rept. 114-
303.
Secret Service Improvements Act of 2015. S. Rept. 114-302.
Federal Employee Antidiscrimination Act of 2015. S. Rept.
114-300.
Department of Homeland Security Insider Threat and
Mitigation Act of 2015. S. Rept. 114-297.
Combat Terrorist Use of Social Media Act of 2016. S. Rept.
114-295.
Amending the Homeland Security Act of 2002 to build
partnerships to prevent violence by extremists. S. Rept. 114-
296.
Federal Asset Sale and Transfer Act of 2015. S. Rept. 114-
291.
Administrative Leave Act of 2016. S. Rept. 114-292.
DHS Accountability Act of 2016. S. Rept. 114-287.
Making Electronic Government Accountable by Yielding
Tangible Efficiencies Act of 2015. S. Rept. 114-289.
Smarter Regs Act of 2015. S. Rept. 114-282.
To express the sense of the Senate regarding the success of
operation streamline and the importance of prosecuting first
time illegal border crossers. S. Rept. 114-279.
Presidential Allowance Modernization Act of 2016. S. Rept.
114-271.
To enhance whistleblower protection for contractor and
grantee employees. S. Rept. 114-270.
Dr. Chris Kirkpatrick Whistleblower Protection Act of 2015.
S. Rept. 114-262.
First Responder Anthrax Preparedness Act. S. Rept. 114-251.
Stopping Improper Payments to Deceased People Act. S. Rept.
114-249.
Critical Infrastructure Protection Act of 2015. S. Rept.
114-250.
Security Clearance Accountability, Reform and Enhancement
Act of 2015. S. Rept. 114-246.
DHS IT Duplication Reduction Act of 2015. S. Rept. 114-247.
Border Security Technology Accountability Act of 2015. S.
Rept. 114-234.
Fraud Reduction and Data Analytics Act of 2015. S. Rept.
114-229.
To direct the Administrator of General Services, on behalf
of the Archivist of the United States, to convey certain
federal property located in the state of Alaska to the
municipality of Anchorage, Alaska. S. Rept. 114-228.
Department of Homeland Security Headquarters Consolidation
Accountability Act of 2015. S. Rept. 114-227.
Stop Wasteful Federal Bonuses Act of 2015. S. Rept. 114-
226.
Fair Access to Science and Technology Research Act of 2015.
S. Rept. 114-224.
Resolution directing the Senate Legal Counsel to bring a
civil action to enforce a subpoena of the Permanent
Subcommittee on Investigations. S. Rept. 114-214.
Fair Chance Act. S. Rept. 114-200.
Preclearance Authorization Act of 2015. S. Rept. 114-180.
Saving Federal Dollars through Better Use of Government
Purchase and Travel Cards Act of 2015. S. Rept. 114-174.
Directing Dollars to Disaster Relief Act of 2015. S. Rept.
114-173.
Grants Oversight and New Efficiency Act. S. Rept. 114-169.
Inspector General Mandates Reporting Act of 2015. S. Rept.
114-171.
Appointment of federal directors to the Board of Directors
of the Washington Metropolitan Area Transit Authority. S. Rept.
114-170.
Program Management Improvement Accountability Act. S. Rept.
114-162.
Quarterly Financial Reporting Reauthorization Act of 2015.
S. Rept. 114-157.
Northern Border Security Review Act. S. Rept. 114-155.
Department of Homeland Security Border Security Metrics
Act. S. Rept. 114-152.
Evidence-Based Policymaking Commission Act. S. Rept. 114-
151.
Arizona Borderlands Protection and Preservation Act. S.
Rept. 114-150.
Social Media Working Group Act of 2015. S. Rept. 114-145.
Breast Cancer Research Stamp Reauthorization Act of 2015.
S. Rept. 114-144.
Emergency Information Improvement Act of 2015. S. Rept.
114-142.
Competitive Service Act of 2015. S. Rept. 114-143.
Land Management Workforce Flexibility Act. S. Rept. 114-
123.
Border Jobs for Veterans Act of 2015. S. Rept. 114-116.
Federal Permitting Improvement Act of 2015. S. Rept. 114-
113.
DC Court Services and Offender Supervision Agency Act of
2015. S. Rept. 114-110.
Presidential Transitions Improvements Act of 2015. S. Rept.
114-94.
Representative Payee Fraud Prevention Act of 2015. S. Rept.
114-95.
Eliminating Government-Funded Oil-Painting Act. S. Rept.
114-93.
Wounded Warriors Federal Leave Act of 2015. S. Rept. 114-
89.
Response Act of 2015. S. Rept. 114-85.
Federal Improper Payments Act. S. Rept. 114-86.
Truth in Settlements Act of 2015. S. Rept. 114-76.
IPAWS Modernization Act of 2015. S. Rept. 114-73.
Taxpayers Right-to-Know Act. S. Rept. 114-71.
Presidential Library Donations Act. S. Rept. 114-65.
Federal Vehicle Repair Costs Savings Act. S. Rept. 114-59.
DHS Interoperable Communications Act. S. Rept. 114-53.
Human Trafficking Detection Act of 2015. S. Rept. 114-46.
Gold Star Fathers Act of 2015. S. Rept. 114-35.
Inspector General Empowerment Act of 2015. S. Rept. 114-36.
Activities of the Committee on Homeland Security and
Governmental Affairs. S. Rept. 114-33.
COMMITTEE PRINTS
The Committee issued the following Committee Prints during
the 114th Congress:
United States Government Policy and Supporting Positions.
Committee on Homeland Security and Governmental Affairs.
(Printed. 236 pp. S. Prt. 114-26.)
Combatting the Opioid Epidemic: A Review of Anti-Abuse
Efforts in Medicare and Private Health Insurance Systems.
Senate Permanent Subcommittee on Investigations. (Printed. 32
pp. S. Prt.
114-29.)
Review of U.S. State Department Grants to OneVoice. Senate
Permanent Subcommittee on Investigations. (Printed. 509 pp. S.
Prt. 114-24.)
Rules of Procedure. Committee on Homeland Security and
Governmental Affairs. (Printed. 44 pp. S. Prt. 114-12.)
Rules of Procedure. Senate Permanent Subcommittee on
Investigations. (Printed. 23 pp. S. Prt. 114-13.)
GAO REPORTS
Also during the 114th Congress, the Government
Accountability Office (GAO) issued 193 reports at the request
of the Committee. GAO reports requested by the Subcommittees
appear in their respective sections. Reports are listed here by
title, GAO number, and release date.
Antipsychotic Drug Use: HHS Has Initiatives to Reduce Use
Among Older Adults in Nursing Homes, but Should Expand Efforts
to Other Settings. GAO-15-211. January 30, 2015.
Medicaid Information Technology: CMS Supports Use of
Program Integrity Systems but Should Require States to
Determine Effectiveness. GAO-15-207. January 30, 2015.
2020 Census: Key Challenges Need to be Addressed to
Successfully Enable Internet Response. GAO-15-225. February 5,
2015.
Federal Workforce: Improved Supervision and Better Use of
Probationary Periods Are Needed to Address Substandard Employee
Performance. GAO-15-191. February 6, 2015.
Crop Insurance: In Areas with Higher Crop Production Risks,
Costs Are Greater, and Premiums May Not Cover Expected Losses.
GAO-15-215. February 9, 2015.
GAO's 2015 High-Risk Series: An Update. GAO-15-371T.
February 11, 2015.
Geospatial Data: Progress Needed on Identifying
Expenditures, Building and Utilizing a Data Infrastructure, and
Reducing Duplicative Efforts [Reissued 18, 2015]. GAO-15-193.
February 12, 2015.
Contingency Contracting: Contractor Personnel Tracking
System Needs Better Plans and Guidance. GAO-15-250. February
18, 2015.
Higher Education: Better Management of Federal Grant and
Loan Forgiveness Programs for Teachers Needed to Improve
Participant Outcomes. GAO-15-314. February 24, 2015.
Financial Audit: U.S. Government's Fiscal Years 2014 and
2013 Consolidated Financial Statements. GAO-15-341R. February
26, 2015.
Defense Major Automated Information Systems: Cost and
Schedule Commitments Need to be Established Earlier. GAO-15-
282. February 26, 2015.
Healthcare.gov: CMS Has Taken Steps to Address Problems,
but Needs to Further Implement Systems Development Best
Practices. GAO-15-238. March 4, 2015.
Homeland Security Acquisitions: DHS Should Better Define
Oversight Roles and Improve Program Reporting to Congress. GAO-
15-292. March 12, 2015.
Improper Payments: Government-Wide Estimates and Use of
Death Data to Help Prevent Payments to Deceased Individuals.
GAO-15-482T. March 16, 2015.
Crop Insurance: Reducing Subsidies for Highest Income
Participants Could Save Federal Dollars with Minimal Effect on
the Program. GAO-15-356. March 18, 2015.
Information Security: IRS Needs to Continue Improving
Controls over Financial and Taxpayer Data. GAO-15-336SU. March
19, 2015.
Information Security: IRS Needs to Continue Improving
Controls over Financial and Taxpayer Data. GAO-15-337. March
19, 2015.
Medicare: Potential Uses of Electronically Readable Cards
for Beneficiaries and Providers. GAO-15-319. March 25, 2015.
Budgeting for Disasters: Approaches to Budgeting for
Disasters in Selected States. GAO-15-424. March 26, 2015.
2014 Lobbying Disclosure: Observations on Lobbyists'
Compliance with Disclosure Requirements. GAO-15-310. March 26,
2015.
Federal Chief Information Officers: Reporting to OMB Can be
Improved by Further Streamlining and Better Focusing on
Priorities. GAO-15-106. April 2, 2015.
Management Report: Areas for Improvement in the Federal
Reserve Banks' Information Systems Controls. GAO-15-396RSU.
April 3, 2015.
Management Report: Areas for Improvement in the Federal
Reserve Banks' Information Systems Controls. GAO-15-413R. April
6, 2015.
Fragmentation, Overlap, and Duplication: An Evaluation and
Management Guide. GAO-15-49SP. April 14, 2015.
2015 Annual Report: Additional Opportunities to Reduce
Fragmentation, Overlap, and Duplication and Achieve Other
Financial Benefits. GAO-15-404SP. April 14, 2015.
Government Efficiency and Effectiveness: Opportunities to
Reduce Fragmentation, Overlap, and Duplication and Achieve
Other Financial Benefits. GAO-15-522T. April 14, 2015.
Information Technology: Additional OMB and Agency Actions
Needed to Ensure Portfolio Savings Are Realized and Effectively
Tracked. GAO-15-296. April 16, 2015.
2020 Census: Recommended Actions Need to be Implemented
Before Potential Cost Savings Can be Realized. GAO-15-546T.
April 20, 2015.
Homeland Security Acquisitions: Major Program Assessments
Reveal Actions Needed to Improve Accountability. GAO-15-171SP.
April 22, 2015.
Personnel Security Clearances: Funding Estimates and
Government-Wide Metrics Are Needed to Implement Long-standing
Reform Efforts. GAO-15-179SU. April 23, 2015.
U.S. Postal Service: Improved Management Procedures Needed
for Parcel Select Contracts. GAO-15-408. April 23, 2015.
Management Report: Improvements Needed in SEC's Internal
Controls and Accounting Procedures. GAO-15-387R. April 30,
2015.
Whistleblower Protection: DOD Needs to Enhance Oversight of
Military Whistleblower Reprisal Investigations. GAO-15-477. May
7, 2015.
Border Security: Progress and Challenges in DHS's Efforts
to Implement and Assess Infrastructure and Technology. GAO-15-
595T. May 13, 2015.
Information Management: Additional Actions Are Needed to
Meet Requirements of the Managing Government Records Directive.
GAO-15-339. May 14, 2015.
Financial Audit: Congressional Award Foundation's Fiscal
Years 2014 and 2013 Financial Statements. GAO-15-552. May 15,
2015.
Human Capital: Update on Strategic Management Challenges
for the 21st Century. GAO-15-619T. May 20, 2015.
Management Report: Improvements Are Needed to Enhance the
Internal Revenue Service's Internal Control over Financial
Reporting. GAO-15-480R. May 29, 2015.
Aviation Security: TSA Has Taken Steps to Improve Oversight
of Key Programs, but Additional Actions Are Needed. GAO-15-
678T. June 9, 2015.
Federal Real Property: Current Efforts, GAO
Recommendations, and Proposed Legislation Could Address
Challenges [Reissued on June 24, 2015]. GAO-15-688T. June 16,
2015.
Medicare Program: Additional Actions Needed to Improve
Eligibility Verification of Providers and Suppliers. GAO-15-
448. June 25, 2015.
Management Report: Improvements Needed in the Bureau of the
Fiscal Service's Information Systems Controls. GAO-15-411RSU.
June 25, 2015.
Management Report: Improvements Needed in the Bureau of the
Fiscal Service's Information Systems Controls. GAO-15-412R.
June 25, 2015.
Managing for Results: Agencies Report Positive Effects of
Data-Driven Reviews on Performance but Some Should Strengthen
Practices. GAO-15-579. July 7, 2015.
Medicaid: Additional Reporting May Help CMS Oversee
Prescription-Drug Fraud Controls. GAO-15-390. July 8, 2015.
Disability Insurance: Actions Needed to Help Prevent
Potential Overpayments to Individuals Receiving Concurrent
Federal Workers' Compensation. GAO-15-531. July 8, 2015.
Biosurveillance: Additional Planning, Oversight, and
Coordination Needed to Enhance National Capability. GAO-15-
664T. July 8, 2015.
Federal Supply Schedules: More Attention Needed to
Competition and Prices. GAO-15-590. July 9, 2015.
Federal Emergency Management Agency: Additional Planning
and Data Collection Could Help Improve Workforce Management
Efforts. GAO-15-437. July 9, 2015.
Federal Real Property: GSA Needs to Determine Its Progress
Toward Long-Term Sustainability of Its Portfolio. GAO-15-609.
July 15, 2015.
Space Launch System: Management Tools Should Better Track
to Cost and Schedule Commitments to Adequately Monitor
Increasing Risk. GAO-15-596. July 16, 2015.
Critical Infrastructure Protection: DHS Action Needed to
Verify Some Chemical Facility Information and Manage Compliance
Process. GAO-15-614. July 22, 2015.
Critical Infrastructure Protection: Preliminary
Observations on DHS Efforts to Address Electromagnetic Threats
to the Electric Grid. GAO-15-692T. July 22, 2015.
Federal Green Building: Federal Efforts and Third-Party
Certification Help Agencies Implement Key Requirements, but
Challenges Remain. GAO-15-667. July 23, 2015.
Managing for Results: Practices for Effective Agency
Strategic Reviews. GAO-15-602. July 29, 2015.
DOD Financial Management: Actions Are Needed on Audit
Issues Related to the Marine Corps' 2012 Schedule of Budgetary
Activity. GAO-15-198. July 30, 2015.
Management Report: Improvements Needed in Controls over the
Processes Used to Prepare the U.S. Consolidated Financial
Statements. GAO-15-630. July 30, 2015.
Hurricane Sandy: An Investment Strategy Could Help the
Federal Government Enhance National Resilience for Future
Disasters. GAO-15-515. July 30, 2015.
Immigrant Investor Program: Additional Actions Needed to
Better Assess Fraud Risks and Report Economic Benefits.
GAO-15-696. August 12, 2015.
Emergency Management: FEMA Collaborates Effectively with
Logistics Partners but Could Strengthen Implementation of Its
Capabilities Assessment Tool. GAO-15-781. September 10, 2015.
Managing for Results: Greater Transparency Needed in Public
Reporting on the Quality of Performance Information for
Selected Agencies' Priority Goals. GAO-15-788. September 10,
2015.
Federal Spending Accountability: Preserving Capabilities of
Recovery Operations Center Could Help Sustain Oversight of
Federal Expenditures. GAO-15-814. September 14, 2015.
DOD Financial Management: Additional Efforts Needed to
Improve Audit Readiness of Navy Military Pay and Other Related
Activities. GAO-15-658. September 15, 2015.
Information Technology Reform: Billions of Dollars in
Savings Have Been Realized, but Agencies Need to Complete
Reinvestment Plans. GAO-15-617. September 15, 2015.
Strategic Sourcing: Opportunities Exist to Better Manage
Information Technology Services Spending. GAO-15-549. September
22, 2015.
Regulatory Guidance Processes: Agencies Could Benefit From
Stronger Internal Control Practices. GAO-15-834T. September 23,
2015.
Federal Information Security: Agencies Need to Correct
Weaknesses and Fully Implement Security Programs. GAO-15-714.
September 29, 2015.
Disaster Contracting: FEMA Needs to Cohesively Manage Its
Workforce and Fully Address Post-Katrina Reforms. GAO-15-783.
September 29, 2015.
Managing for Results: Implementation of GPRA Modernization
Act Has Yielded Mixed Progress in Addressing Pressing
Governance Challenges. GAO-15-819. September 30, 2015.
Federal Real Property: Performance Goals and Targets Needed
to Help Stem GSA's Reliance on Lease Extensions and Holdovers.
GAO-15-741. September 30, 2015.
U.S. Postal Service: Actions Needed to Make Delivery
Performance Information More Complete, Useful, and Transparent.
GAO-15-756. September 30, 2015.
Sole Source Contracting: Defining and Tracking Bridge
Contracts Would Help Agencies Manage Their Use. GAO-16-15.
October 14, 2015.
Federal Real Property: Additional Authorities and
Accountability Would Enhance the Implementation of the Federal
Buildings Personnel Training Act of 2010. GAO-16-39. October
20, 2015.
Post-9/11 GI Bill: Additional Actions Needed to Reduce
Overpayments and Increase Collections. GAO-16-42. October 21,
2015.
Unaccompanied Alien Children: Improved Evaluation Efforts
Could Enhance Agency Programs to Reduce Migration From Central
America. GAO-16-163T. October 21, 2015.
Biosurveillance: DHS Should Not Pursue Biowatch Upgrades or
Enhancements Until System Capabilities Are Established.
GAO-16-99. October 23, 2015.
Independent Auditor's Report on Applying Agreed-Upon
Procedures: Fiscal Year 2015 Excise Tax Distributions to the
Airport and Airway Trust Fund and the Highway Trust Fund. GAO-
16-109R. November 5, 2015.
Financial Audit: Office of Financial Stability (Troubled
Asset Relief Program) Fiscal Years 2015 and 2014 Financial
Statements. GAO-16-147R. November 10, 2015.
Financial Audit: IRS's Fiscal Years 2015 and 2014 Financial
Statements. GAO-16-146. November 12, 2015.
Financial Audit: Bureau of the Fiscal Service's Fiscal
Years 2015 and 2014 Schedules of Federal Debt. GAO-16-160.
November 13, 2015.
Financial Audit: Securities and Exchange Commission's
Fiscal Years 2015 and 2014 Financial Statements. GAO-16-145R.
November 16, 2015.
Information Security: Federal Agencies Need to Better
Protect Sensitive Data. GAO-16-194T. November 17, 2015.
Government Efficiency and Effectiveness: Implementing GAO
Recommendations Can Achieve Financial Benefits and Strengthen
Government Performance. GAO-16-272T. December 10, 2015.
Health Care Workforce: Comprehensive Planning by HHS Needed
to Meet National Needs. GAO-16-17. December 11, 2015.
DOD Financial Management: Improved Documentation Needed to
Support the Air Force's Military Payroll and Meet Audit
Readiness Goals. GAO-16-68. December 17, 2015.
Federal Real Property: GSA Could Decrease Leasing Costs
by Encouraging Competition and Reducing Unneeded Fees.
GAO-16-188. January 13, 2016.
U.S. Postal Service: Financial Challenges Continue. GAO-16-
268T. January 21, 2016.
Health Care Fraud: Information on Most Common Schemes and
the Likely Effect of Smart Cards. GAO-16-216. January 22, 2016.
Army Contracting: Training and Guidance Needed to Ensure
Appropriate Use of the Option to Extend Services Clause.
GAO-16-262R. January 28, 2016.
Data Act: Data Standards Established, but More Complete and
Timely Guidance is Needed to Ensure Effective Implementation.
GAO-16-261. January 29, 2016.
Federal Emergency Management Agency: Strengthening Regional
Coordination Could Enhance Preparedness Efforts.
GAO-16-38. February 4, 2016.
Unaccompanied Children: HHS Can Take Further Actions to
Monitor Their Care. GAO-16-180. February 5, 2016.
Disaster Response: FEMA Has Made Progress Implementing Key
Programs, but Opportunities for Improvement Exist. GAO-16-87.
February 5, 2016.
Transportation Security: Status of GAO Recommendations on
TSA's Security-Related Technology Acquisitions. GAO-16-176.
February 17, 2016.
Patient Protection and Affordable Care Act: CMS Should Act
to Strengthen Enrollment Controls and Manage Fraud Risk.
GAO-16-29. February 23, 2016.
Financial Audit: U.S. Government's Fiscal Years 2015 and
2014 Consolidated Financial Statements. GAO-16-357R. February
25, 2016.
Data Center Consolidation: Agencies Making Progress, but
Planned Savings Goals Need to be Established. GAO-16-323. March
3, 2016.
Explosives Detection Canines: Opportunities Exist for TSA
to Further Improve Its Canine Program. GAO-16-444T. March 3,
2016.
Department of Homeland Security: Progress Made, but Work
Remains in Strengthening Acquisition and Other Management
Functions. GAO-16-507T. March 16, 2016.
Federal Real Property: GSA Could Better Identify Risks of
Unforeseen Conditions in Repair and Alteration Projects. GAO-
16-273. March 17, 2016.
2015 Lobbying Disclosure: Observations on Lobbyists'
Compliance with Disclosure Requirements. GAO-16-320. March 24,
2016.
Information Security: IRS Needs to Further Improve Controls
over Financial and Taxpayer Data (Louo). GAO-16-397SU. March
28, 2016.
Information Security: IRS Needs to Further Improve Controls
over Financial and Taxpayer Data (Public). GAO-16-398. March
28, 2016.
Homeland Security Acquisitions: DHS Has Strengthened
Management, but Execution and Affordability Concerns Endure.
GAO-16-338SP. March 31, 2016.
Federal Real Property: Improving Data Transparency and
Expanding the National Strategy Could Help Address Long-
Standing Challenges. GAO-16-275. March 31, 2016.
Information Technology: FEMA Needs to Address Management
Weaknesses to Improve Its Systems. GAO-16-306. April 5, 2016.
Cloud Computing: Agencies Need to Incorporate Key Practices
to Ensure Effective Performance. GAO-16-325. April 7, 2016.
Medicare Advantage: Action Needed to Ensure Appropriate
Payments for Veterans and Nonveterans. GAO-16-137. April 11,
2016.
Federal Emergency Management Agency: Progress and
Continuing Challenges in National Preparedness Efforts. GAO-16-
560T. April 12, 2016.
2016 Annual Report: Additional Opportunities to Reduce
Fragmentation, Overlap, and Duplication and Achieve Other
Financial Benefits. GAO-16-375SP. April 13, 2016.
Medicare: Opportunities Exist to Recover Potential Improper
Payments to Providers with Criminal Backgrounds, but CMS has
Taken Steps to Increase Its Controls. GAO-16-365R. April 13,
2016.
Biodefense: The Nation Faces Multiple Challenges in
Building and Maintaining Biodefense and Biosurveillance. GAO-
16-547T. April 14, 2016.
Grants Management: Actions Needed to Address Persistent
Grant Closeout Timeliness and Undisbursed Balance Issues.
GAO-16-362. April 14, 2016.
Quadrennial Homeland Security Review: Improved Risk
Analysis and Stakeholder Consultations Could Enhance Future
Reviews. GAO-16-371. April 15, 2016.
Data Act: Section 5 Pilot Design Issues Need to be
Addressed to Meet Goal of Reducing Recipient Reporting Burden.
GAO-16-438. April 19, 2016.
Medicaid Program Integrity: Improved Guidance Needed to
Better Support Efforts to Screen Managed Care Providers. GAO-
16-402. April 22, 2016.
High-Risk Series: Key Actions to Make Progress Addressing
High-Risk Issues. GAO-16-480R. April 25, 2016.
Testimony Before the Committee on Homeland Security and
Government Affairs, U.S. Senate. Government Efficiency and
Effectiveness: Opportunities to Reduce Fragmentation, Overlap,
and Duplication and Achieve Other Financial Benefits. GAO-16-
580T. April 27, 2016.
Federal Workforce: Distribution of Performance Ratings
Across the Federal Government, 2013. GAO-16-520R. May 9, 2016.
Office of National Drug Control Policy: Progress Toward
Some National Drug Control Strategy Goals, but None Have Been
Fully Achieved. GAO-16-660T. May 17, 2016.
Information Security: Agencies Need to Improve Controls
over Selected High-Impact Systems. GAO-16-501. May 18, 2016.
Management Report: Improvements Are Needed to the Internal
Revenue Service's Internal Control over Financial Reporting.
GAO-16-457R. May 18, 2016.
Government Purchase Cards: Opportunities Exist to Leverage
Buying Power. GAO-16-526. May 19, 2016.
Managing for Results: OMB Improved Implementation of Cross-
agency Priority Goals, but Could be More Transparent About
Measuring Progress. GAO-16-509. May 20, 2016.
Information Technology: Federal Agencies Need to Address
Aging Legacy Systems. GAO-16-468. May 25, 2016.
U.S. Customs and Border Protection: Review of the Staffing
Analysis Report Under the Border Patrol Agent Pay Reform Act of
2014. GAO-16-606R. May 26, 2016.
Controlled Substances: DEA Should Take Additional Actions
to Reduce Risks in Monitoring the Continued Eligibility of Its
Registrants. GAO-16-310. May 26, 2016.
Disaster Recovery: FEMA Needs to Assess Its Effectiveness
in Implementing the National Disaster Recovery Framework.
GAO-16-476. May 26, 2016.
Federal Air Marshal Service: Actions Needed to Better
Incorporate Risk in Deployment Strategy. GAO-16-582. May 31,
2016.
IT Dashboard: Agencies Need to Fully Consider Risks When
Rating Their Major Investments. GAO-16-494. June 02, 2016.
Management Report: Areas for Improvement in the Federal
Reserve Banks' Information Systems Controls. GAO-16-600RSU.
June 6, 2016.
Management Report: Areas for Improvement in the Federal
Reserve Banks' Information Systems Controls. GAO-16-601R. June
6, 2016.
Aviation Security: TSA is Taking Steps to Improve Expedited
Screening Effectiveness, but Oversight of Screener Performance
is Constrained by Data Weaknesses. GAO-16-707T. June 7, 2016.
Managing for Results: Agencies Need to Fully Identify and
Report Major Management Challenges and Actions to Resolve Them
in Their Agency Performance Plans. GAO-16-510. June 15, 2016.
Federal Air Marshal Service: Additional Actions Needed to
Ensure Air Marshals' Mission Readiness. GAO-16-535SU. June 17,
2016.
Program Integrity: Views on the Use of Commercial Data
Services to Help Identify Fraud and Improper Payments. GAO-16-
624. June 30, 2016.
2020 Census: Census Bureau Needs to Improve Life-Cycle Cost
Estimating Process. GAO-16-628. June 30, 2016.
Improper Payments: CFO Act Agencies Need to Improve Efforts
to Address Compliance Issues. GAO-16-554. June 30, 2016.
Immigration Benefits System: U.S. Citizenship and
Immigration Services Can Improve Program Management. GAO-16-
467. July 7, 2016.
Department of Energy: Whistleblower Protections Need
Strengthening. GAO-16-618. July 11, 2016.
Critical Infrastructure Protection: Improvements Needed for
DHS's Chemical Facility Whistleblower Report Process. GAO-16-
572. July 12, 2016.
Management Report: Improvements Needed in Controls over the
Processes Used to Prepare the U.S. Government's Financial
Statements. GAO-16-621. July 13, 2016.
Countering Improvised Explosive Devices: Improved Planning
Could Enhance Federal Coordination Efforts. GAO-16-581SU. July
14, 2016.
Sexual Violence Data: Actions Needed to Improve Clarity and
Address Differences Across Federal Data Collection Efforts.
GAO-16-546. July 19, 2016.
Management Report: Improvements Needed in the Bureau of the
Fiscal Service's Information Systems Controls. GAO-16-654RSU.
July 28, 2016.
Management Report: Improvements Needed in the Bureau of the
Fiscal Service's Information Systems Controls. GAO-16-655R.
July 28, 2016.
Data Act: Improvements Needed in Reviewing Agency
Implementation Plans and Monitoring Progress. GAO-16-698. July
29, 2016.
Data Act: Initial Observations on Technical Implementation.
GAO-16-824R. August 3, 2016.
Department of Energy: Actions Needed to Strengthen
Acquisition Planning for Management and Operating Contracts.
GAO-16-529. August 9, 2016.
Information Technology: Better Management of
Interdependencies Between Programs Supporting 2020 Census is
Needed. GAO-16-623. August 9, 2016.
Congressional Award Foundation: Review of the Audit of the
Financial Statements for Fiscal Year 2015. GAO-16-754R. August
12, 2016.
Digital Service Programs: Assessing Results and
Coordinating with Chief Information Officers Can Improve
Delivery of Federal Projects. GAO-16-602. August 15, 2016.
Information Security: OPM Needs to Improve Controls over
Selected High-Impact Systems (Limited Official Use Only). GAO-
16-687SU. August 15, 2016.
Information Technology Reform: Agencies Need to Increase
Their Use of Incremental Development Practices. GAO-16-469.
August 16, 2016.
DOD Financial Management: Improvements Needed in the Navy's
Audit Readiness Efforts for Fund Balance with Treasury. GAO-16-
47. August 19, 2016.
Information Security: NRC Needs to Improve Controls over
Selected High-Impact Systems (Limited Official Use Only). GAO-
16-689SU. August 22, 2016.
Performance.gov: Long-Term Strategy Needed to Improve
Usability of Website. GAO-16-693. August 30, 2016.
Federal Real Property: Public-Private Partnerships Have a
Limited Role in Disposal and Management of Unneeded Property.
GAO-16-776R. August 30, 2016.
Earthquakes: Additional Actions Needed to Identify and
Mitigate Risks to Federal Buildings and Implement an Early
Warning System. GAO-16-680. August 31, 2016.
Regulatory Guidance Processes: Treasury and OMB Need to
Reevaluate Long-Standing Exemptions of Tax Regulations and
Guidance. GAO-16-720. September 6, 2016.
U.S. Postal Service: Information on How Broadband Affects
Postal Use and the Communications Options for Rural Residents.
GAO-16-811. September 12, 2016.
Immigrant Investor Program: USCIS Has Made Progress to
Detect and Prevent Fraud but Additional Actions Could Further
Agency Efforts. GAO-16-828. September 13, 2016.
U.S. Customs and Border Protection: Review of the Pay
Assignment Continuity Plan. GAO-16-825R. September 14, 2016.
Federal Air Marshal Service: Additional Actions Needed to
Ensure Air Marshals' Readiness. GAO-16-764. September 14, 2016.
Fire Grants: FEMA Could Enhance Program Administration and
Performance Assessment. GAO-16-744. September 15, 2016.
Tiered Evidence Grants: Opportunities Exist to Share
Lessons from Early Implementation and Inform Future Federal
Efforts. GAO-16-818. September 21, 2016.
Information Security: NASA Needs to Improve Controls over
Selected High-Impact Systems (Limited Official Use Only). GAO-
16-688SU. September 23, 2016.
Information Technology: Agencies Need to Improve Their
Application Inventories to Achieve Savings. GAO-16-511.
September 29, 2016.
Federal Workforce: Lessons Learned for Engaging Millennials
and Other Age Groups. GAO-16-880T. September 29, 2016.
Office of Personnel Management: Actions Are Needed to Help
Ensure the Accuracy of Political Conversion Data and Adherence
to Policy. GAO-16-859. September 30, 2016.
Information Security: VA Needs to Improve Controls over
Selected High-Impact Systems (Limited Official Use Only). GAO-
16-691SU. August 30, 2016.
Open Innovation: Practices to Engage Citizens and
Effectively Implement Federal Initiatives. GAO-17-14. October
13, 2016.
Improper Payments: Strategy and Additional Actions Needed
to Help Ensure Agencies Use the Do Not Pay Working System As
Intended. GAO-17-15. October 14, 2016.
U.S. Customs and Border Protection Contracting for
Transportation and Guard Services for Detainees. GAO-17-89R.
October 17, 2016.
Homeland Security Acquisitions: Joint Requirements
Council's Initial Approach is Generally Sound and it is
Developing a Process to Inform Investment Priorities. GAO-17-
171. October 24, 2016.
Federal Procurement: Smarter Buying Initiatives Can Achieve
Additional Savings, but Improved Oversight and Accountability
Needed. GAO-17-164. October 26, 2016.
Independent Auditor's Report on Applying Agreed-Upon
Procedures: Fiscal Year 2016 Excise Tax Distributions to the
Airport and Airway Trust Fund and the Highway Trust Fund. GAO-
17-157R. November 9, 2016.
Financial Audit: IRS's FY 2016 and 2015 Financial
Statements. GAO-17-140. November 10, 2016.
Financial Audit: Bureau of the Fiscal Service's Fiscal
Years 2016 and 2015 Schedules of Federal Debt. GAO-17-104.
November 10, 2016.
Financial Audit: Troubled Asset Relief Program's Fiscal
Years 2016 and 2015 Financial Statements. GAO-17-125R. November
10, 2016.
Financial Audit: Securities and Exchange Commission's
Fiscal Years 2016 and 2015 Financial Statements. GAO-17-158R.
November 15, 2016.
Student Loans: Oversight of Servicemembers' Interest Rate
Cap Could Be Strengthened. GAO-17-4. November 15, 2016.
Medicaid Personal Care Services: CMS Could Do More to
Harmonize Requirements Across Programs. GAO-17-28. November 23,
2016.
Renewable Fuel Standard: Low Expected Production Volumes
Make it Unlikely That Advanced Biofuels Can Meet Increasing
Targets. GAO-17-108. November 28, 2016.
Whistleblower Protection: Actions Needed to Improve
Recording and Reporting of Whistleblower Appeals Data. GAO-17-
110. November 28, 2016.
Renewable Fuel Standard: Program Unlikely to Meet Its
Targets for Reducing Greenhouse Gas Emissions. GAO-17-94.
November 28, 2016.
IT Workforce: Key Practices Help Ensure Strong Integrated
Program Teams; Selected Departments Need to Assess Skill Gaps.
GAO-17-8. November 30, 2016.
Renewable Fuel Standard: Program Unlikely to Meet
Production or Greenhouse Gas Reduction Targets. GAO-17-264T.
December 1, 2016.
Combating Terrorism: Additional Steps Needed in U.S.
Efforts to Counter ISIS Messaging. GAO-17-41C. December 8,
2016.
Federal Building Management: Building Disposal Authorities
Provide Varying Degrees of Flexibility and Opportunities for
Use. GAO-17-123. December 8, 2016.
Data Act: OMB and Treasury Have Issued Additional Policy
and Technical Guidance, but Challenges to Effective and Timely
Implementation Remain. GAO-17-156. December 8, 2016.
Data Act: Implementation Progresses but Challenges Remain.
GAO-17-282T. December 8, 2016.
Permanent Funding Authorities: Some Selected Entities
Should Review Financial Management, Oversight, and Transparency
Policies. GAO-17-59. December 9, 2016.
VI. OFFICIAL COMMUNICATIONS
During the 114th Congress, 960 official communications were
referred to the Committee. Of these, 948 were Executive
Communications, and 10 were Petitions or Memorials. Of the
official communications, 355 dealt with the District of
Columbia.
VII. LEGISLATIVE ACTIONS
During the 114th Congress, the Committee reported
significant legislation that was approved by Congress and
signed into law by the President.
The following are brief legislative histories of measures
to the Committee and, in some cases, drafted by the Committee,
which became public law. In addition to the measures listed
below, the Committee received during the 114th Congress
numerous legislative proposals that were 1) favorably reported
from the Committee and passed by the Senate, but did not become
law, 2) not considered or reported, or 3) reported but not
passed by the Senate. Additional information on these measures
appears in the Committee's Legislative Calendar for the 114th
Congress.
A. MEASURES ENACTED INTO LAW
The following measures considered by the Committee were
enacted into Public Law. The descriptions following the signing
date of each measure note selected provisions of the text, and
are not intended to serve as section-by-section summaries.
H.R. 313.--Wounded Warriors Federal Leave Act of 2015.
(Public Law 114-75). November 5, 2015.
(Sec. 2) Entitles any federal employee who is a veteran
with a service-connected disability rated at 30% or more,
during the 12-month period beginning on the first day of
employment, to up to 104 hours of leave, without loss or
reduction in pay, for purposes of undergoing medical treatment
for such disability for which sick leave could regularly be
used. Requires the forfeiture of any such leave that is not
used during such 12-month period.
Requires such employee to submit to the head of the
employing agency certification that such employee used such
leave for purposes of being furnished treatment for such
disability by a health care provider.
H.R. 615.--Department of Homeland Security Interoperable
Communications. (Public Law 114-29). July 6, 2015.
(Sec. 3) Amends the Homeland Security Act of 2002 to make
the Under Secretary for Management of the Department of
Homeland Security (DHS) responsible for policies and directives
to achieve and maintain interoperable communications among DHS
components. (Sec. 4) Requires the Under Secretary to submit to
the House and Senate homeland security committees a strategy
for achieving and maintaining such communications, including
for daily operations, planned events, and emergencies, that
includes:
Lan assessment of interoperability gaps in radio
communications among the DHS components;
Linformation on DHS efforts and activities, since
November 1, 2012, and planned, to achieve and maintain
interoperable communications;
Lan assessment of obstacles and challenges to
achieving and maintaining interoperable communications;
Linformation on, and an assessment of, the
adequacy of mechanisms available to the Under Secretary to
enforce and compel compliance with interoperable communications
policies and directives of DHS;
Lguidance provided to DHS components to implement
such policies and directives;
Lthe total amount of DHS expenditures since
November 1, 2012, and projected future expenditures to achieve
interoperable communications; and
Ldates upon which DHS-wide interoperability is
projected to be achieved for voice, data, and video
communications, respectively, and interim milestones.
Directs the Under Secretary to submit with such strategy
information on: (1) any intra-agency effort or task force that
has been delegated responsibilities relating to achieving and
maintaining interoperable communications by such dates; and (2)
who, within each component, is responsible for implementing
policies and directives issued by the Under Secretary to
achieve and maintain interoperable communications.
(Sec. 5) Directs the Under Secretary, within 100 days after
the strategy is submitted and every 2 years thereafter for 6
years, to submit reports on the status of efforts to implement
such strategy, including: (1) progress on interim milestones;
(2) information on establishment by the Under Secretary of, and
compliance of DHS components with, policies, directives,
guidance, and training to achieve and maintain interoperable
communications; and (3) information on any additional resources
or authorities needed by the Under Secretary.
H.R. 623.--DHS Social Media Improvement Act of 2015.
(Public Law 114-80). November 5, 2015.
(Sec. 2) Amends the Homeland Security Act of 2002 to direct
the Secretary of Homeland Security to establish within the
Department of Homeland Security (DHS) a social media working
group (the Group) to identify, and provide guidance and best
practices to the emergency preparedness and response community
on, the use of social media technologies before, during, and
after a natural disaster or an act of terrorism or other man-
made disaster.Requires the Group to submit an annual report
that includes:
La review and analysis of social media
technologies used to support preparedness and response
activities;
La review of best practices and lessons learned;
Lrecommendations to improve DHS's use of social
media technologies for emergency management purposes,
recommendations to improve public awareness of the type of
information disseminated through such technologies, and
recommendations on how to access such information during a
disaster;
La review of available training for government
officials on the use of social media technologies in response
to a disaster; and
La review of coordination efforts with the private
sector to discuss and resolve legal, operational, technical,
privacy, and security concerns.
Terminates the Group five years after the enactment of this
Act unless the chairperson renews it for a successive five-year
period by submitting a certification that the continued
existence of the Group is necessary. Provides for successive
five-year renewal periods.
H.R. 710.--Essential Transportation Worker Identification
Credential Assessment Act. (Public Law 114-278). December 16,
2016.
(Sec. 1) This bill directs the Transportation Security
Administration (TSA) to commence actions to improve its process
for vetting individuals with access to secure areas of vessels
and maritime facilities. These actions shall include:
Lconducting a comprehensive risk analysis of
security threat assessment procedures, including identifying
procedures that need additional internal controls as well as
best practices for quality assurance at every stage of the
assessment;
Limplementing such internal controls and best
practices;
Limproving fraud detection techniques;
Lupdating the guidance provided to Trusted Agents
(Credentialing Office) regarding the vetting process and
related regulations;
Lfinalizing a manual for such agents and
adjudicators on the vetting process; and
Lestablishing quality controls to ensure
consistent procedures to review adjudication decisions and
terrorism vetting decisions.
The Department of Homeland Security (DHS) shall commission
a national laboratory, a university-based center within the
Science and Technology Directorate's centers of excellence
network, or a qualified federally-funded research and
development center to conduct an assessment of the
effectiveness of the Transportation Worker Identification
Credential (TWIC) Program at enhancing security and reducing
security risks for maritime facilities and vessels that pose a
high risk of being involved in a transportation security
incident. The assessment shall review:
Lthe credentialing process,
Lthe process for renewing TWIC applications, and
Lthe security value of the TWIC program.
If the assessment identifies a deficiency in effectiveness
of the TWIC Program, DHS shall submit to Congress a corrective
action plan that:
Lresponds to assessment findings and includes an
implementation plan with benchmarks, and
Lshall be considered in any DHS rulemaking with
respect to the TWIC Program.
The DHS Inspector General must review and report on the
corrective action plan.
H.R. 1531.--Land Management Workforce Flexibility Act.
(Public Law 114-47). August 28, 2015.
(Sec. 2) Makes an employee of specified land management
agencies in the Department of the Interior serving under a
time-limited, including a temporary, appointment in the
competitive service eligible to compete for a permanent
appointment in any land management agency or any other agency
if: (1) the original appointment was competitive, (2) the
employee has served under one or more time-limited appointments
totaling more than 24 months without a break of two or more
years, and (3) the employee's performance has been at an
acceptable level.
Requires the Office of Personnel Management or other
examining agency, in determining the eligibility of a time-
limited employee to be examined for or appointed in the
competitive service, to waive requirements as to age, unless
the requirement is essential to the performance of the duties
of the position.Provides that an individual appointed under the
provisions of this Act becomes a career-conditional employee
and acquires competitive status upon appointment.
Deems a former employee of a land management agency who
served under a time-limited appointment and who otherwise meets
applicable requirements to be a time-limited employee for
purposes of this Act if: (1) such employee applies for a
position covered by this Act within two years after the most
recent date of separation, and (2) such employee's most recent
separation was for reasons other than misconduct or
performance.
H.R. 1626.--DHS IT Duplication Reduction Act of 2015.
(Public Law 114-43). August 6, 2015.
(Sec. 2) Directs the Chief Information Officer of the
Department of Homeland Security (DHS) to report on:
Lthe number of information technology systems at
DHS;
Lthe number of such systems exhibiting duplication
or fragmentation (i.e., where there are two or more systems or
programs that deliver similar functionality to similar user
populations);
La strategy for reducing such duplicative systems,
including an assessment of potential cost savings; and
La methodology for determining which system should
be eliminated when there is duplication or fragmentation.
H.R. 3116.--Quarterly Financial Report Reauthorization Act.
(Public Law 114-72). October 22, 2015.
(Sec. 2) This bill extends the authority of the Department
of Commerce to conduct the quarterly financial report program
through September 30, 2030, under which Commerce collects and
publishes quarterly financial statistics of business
operations, organization, practices, management, and relation
to other businesses, including data on sales, expenses, assets,
liabilities, and other measures of financial condition.
(Sec. 3) Commerce must conduct and report to specified
congressional committees on a review of the data security
procedures of the Bureau of the Census. Such report shall:
Lidentify all Bureau information systems that
contain sensitive information;
Ldescribe any actions carried out by Commerce or
the Bureau to secure sensitive information since the data
breaches of Office of Personnel Management systems were
announced in 2015;
Lidentify any known data breaches of Bureau
information systems that contain sensitive information; and
Lidentify whether the Bureau stores any
information that, if combined with other information, would
comprise classified information.
H.R. 4902.--To amend title 5, United States Code, to expand
law enforcement availability pay to employees of U.S. Customs
and Border Protection's Air and Marine Operations. (Public Law
114-250). December 8, 2016.
This bill applies provisions governing availability pay for
criminal investigators to any employee of the U.S. Customs and
Border Protection's Air and Marine Operations who is a law
enforcement officer.
H.R. 4904.--Making Electronic Government Accountable By
Yielding Tangible Efficiencies Act of 2016. (Public Law 114-
210). July 29, 2016.
(Sec. 2) This bill requires the Office of Management and
Budget (OMB) to issue a directive to require the Chief
Information Officer (CIO) of each executive agency to develop a
comprehensive software licensing policy, which shall: (1)
require the CIO of each agency to establish a comprehensive
inventory of software licenses; (2) track and maintain such
licenses; (3) analyze software usage to make cost-effective
decisions; (4) provide software license management training;
(5) establish goals and objectives of the agency's software
license management program; and (6) consider the software
license management life cycle phases to implement effective
decision making and incorporate existing standards, processes,
and metrics.
The CIO of each executive agency must report to the OMB,
beginning in the first fiscal year after this Act's enactment
and in each of the following five fiscal years, on the savings
from improved software license management.
S. 136.--Gold Star Fathers Act of 2015. (Public Law 114-
62). October 7, 2015.
(Sec. 2) Includes as a preference eligible for federal
employment purposes a parent (currently, the mother only) of
either an individual who lost his or her life under honorable
conditions while serving in the Armed Forces during a war, in a
campaign or expedition for which a campaign badge has been
authorized, or during the period beginning April 28, 1952, and
ending July 1, 1955, or a service-connected permanently and
totally disabled veteran, if: (1) the spouse of such parent is
totally and permanently disabled; or (2) such parent, when
preference is claimed, is unmarried or legally separated from
his or her spouse.
S. 546.--RESPONSE Act of 2016. (Public Law 114-321).
December 16, 2016.
(Sec. 2) This bill amends the Homeland Security Act of 2002
to direct the Federal Emergency Management Agency (FEMA) to
establish the Railroad Emergency Services Preparedness,
Operational Needs, and Safety Evaluation (RESPONSE)
Subcommittee of the National Advisory Council.
The RESPONSE Subcommittee shall develop recommendations for
improving emergency responder training and resource allocation
for hazardous materials (hazmat) incidents involving railroads
after evaluating the following topics:
Lthe quality and application of training for state
and local emergency responders related to rail hazmat
incidents, including training for emergency responders serving
small communities near railroads;
Lthe availability and effectiveness of federal,
state, local, and nongovernmental funding levels related to
training emergency responders for rail hazmat incidents,
including emergency responders serving small communities near
railroads; and
Lthe strategy for integrating commodity flow
studies, mapping, and rail and hazmat databases for state and
local emergency responders and increasing the rate of access to
the individual responder in existing or emerging communications
technology.
The RESPONSE Subcommittee shall terminate within 90 days
after the council submits a report approving the RESPONSE
Subcommittee recommendations.
S. 565.--Federal Vehicle Repair Cost Savings Act of 2015.
(Public Law 114-65). October 7, 2015.
(Sec. 3) Defines ``remanufactured vehicle component'' as a
vehicle component (including an engine, transmission,
alternator, starter, turbocharger, steering, or suspension
component) that has been returned to same-as-new, or better,
condition and performance by a standardized industrial process
that incorporates technical specifications (including
engineering, quality, and testing standards) to yield fully
warranted products.
(Sec. 4) Directs the head of each federal agency to: (1)
encourage the use of remanufactured vehicle components to
maintain federal vehicles if using such components reduces the
cost of maintaining such vehicles while maintaining quality;
and (2) not encourage the use of remanufactured vehicle
components if using such components does not reduce the cost of
maintenance, lowers the quality of vehicle performance, or
delays the return to service of a vehicle.
S. 614.--Federal Improper Payments Coordination Act of
2015. (Public Law 114-109). December 18, 2015.
(Sec. 2) Amends the Improper Payments Elimination and
Recovery Improvement Act of 2012 to extend the availability of
the Do Not Pay Initiative to states, any contractor,
subcontractor, or agent of a state, and the judicial and
legislative branches of the United States. Authorizes the
Office of Management and Budget (OMB) to issue guidance for
establishing privacy and other requirements for incorporation
into Do Not Pay Initiative access agreements with states and
judicial and legislative branches.
(Sec. 3) Modifies such Act to require each federal agency
to review the death records maintained by the Social Security
Administration (SSA) (currently, the Death Master File of SSA).
Directs the Departments of Defense and State to establish a
procedure for submitting information on the deaths of
individuals to federal agencies promptly and on a regular
basis.
Requires the OMB and the heads of other relevant
governmental entities to issue guidance on the implementation
of the Do Not Pay Initiative to the Department of the Treasury
and each agency and component of an agency: (1) that operates
or maintains a database of information; or (2) for which the
OMB determines improved data matching would be relevant,
necessary, or beneficial.
(Sec. 4) Directs Treasury to submit a report to Congress
that describes: (1) data analytics performed as part of the Do
Not Pay Business Center operated by Treasury, (2) metrics used
in determining whether analytic and investigatory efforts have
reduced improper payments or awards, and (3) the target dates
for implementing the data analytics operations.
S. 795.--A bill to enhance whistleblower protection for
contractor and grantee employees. (Public Law 114-261).
December 14, 2016.
(Sec. 1) This bill extends federal contractor whistle-
blower protections to employees of: (1) personal services
contractors working on defense contracts (currently, the
protections apply to employees of defense contractors,
subcontractors, grantees, or subgrantees); and (2) personal
services contractors or subgrantees working on federal civilian
contracts (currently, the protections apply to employees of
civilian contractors, subcontractors, or grantees). The
civilian contractor protections, which are currently in effect
as a pilot program, are made permanent.
The bill extends the prohibition against reimbursement of
legal fees incurred in defending against reprisal claims
brought by whistle-blowers to defense and civilian
subcontractors and personal services contractors.
S. 1090.--Emergency Information Improvement Act of 2015.
(Public Law 114-111). December 18, 2015.
(Sec. 2) Amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to include broadcasting facilities
within the definition of a ``private nonprofit facility'' that
provides essential services of a governmental nature to the
general public, and to include broadcast and telecommunications
within the definition of ``critical services'' provided by such
a facility, for purposes of eligibility for certain disaster
assistance.
S. 1115.--GONE Act. (Public Law 114-117). January 28, 2016.
(Sec. 2) This bill requires the Office of Management and
Budget to instruct each agency, in coordination with the
Department of Health and Human Services (HHS), to submit to
Congress and HHS by December 31 of the first calendar year
beginning after this Act's enactment a report that:
Llists each federal grant award held by such
agency;
Lprovides the total number of federal grant
awards, including the number of grants by time period of
expiration, the number with zero dollar balances, and the
number with undisbursed balances;
Ldescribes the challenges leading to delays in
grant closeout; and
Lexplains, for the 30 oldest federal grant awards,
why each has not been closed out.
If an agency head is unable to submit all of such
information, the report shall include an explanation of why the
information was not available, including any shortcomings with
and plans to improve existing grant systems, including data
systems.
Each agency, within one year after submitting such report,
shall provide notice to HHS specifying: (1) whether it has
closed out all of the federal grant awards in the report, and
(2) which awards have not been closed out. HHS, within 90 days
after all of such notices have been provided or by March 31 of
the calendar year following the first calendar year beginning
after this Act's enactment, whichever is sooner, shall compile,
and report to Congress on, such notices.
The Inspector General of an agency with more than $500
million in annual grant funding, within one year after such
agency has provided the notice to Congress, shall conduct a
risk assessment to determine if an audit or review of the
agency's grant closeout process is warranted.
The OMB, within six months after the second such report on
notices is submitted, shall report to Congress on
recommendations for legislation to improve accountability and
oversight in grants management, including the timely closeout
of a federal grant award.
The bill defines ``federal grant award'' as a grant,
including a cooperative agreement, in an agency cash payment
management system held by the U.S. government for which: (1)
the grant award period of performance has been expired for more
than two years, and (2) closeout has not yet occurred.
S. 1170.--Breast Cancer Research Stamp Reauthorization Act
of 2015. (Public Law 114-99). December 11, 2015.
(Sec. 2) This bill reauthorizes through December 31, 2019,
provisions requiring the U.S. Postal Service to issue a special
postage stamp for first-class mail that costs more than the
regular first-class stamp to raise funds for breast cancer
research.
(Sec. 3) Agencies receiving these funds from the Postal
Service must use them on breast cancer research.
S. 1172.--Edward ``Ted'' Kaufman and Michael Leavitt
Presidential Transitions Improvements Act of 2015. (Public Law
114-136). March 18, 2016.
(Sec. 2) This bill amends the Presidential Transition Act
of 1963 to direct the President to plan and coordinate
activities to facilitate an efficient transfer of power to a
successor President, including by: (1) not later than six
months before a presidential election, establishing and
operating a White House transition coordinating council; and
(2) establishing and operating an agency transition directors
council.
The General Services Administration (GSA) must designate a
senior career appointee to: (1) carry out the duties and
authorities of GSA relating to presidential transitions, (2)
serve as the Federal Transition Coordinator to coordinate
transition planning across agencies; (3) ensure that agencies
comply with all statutory requirements relating to transition
planning and reporting, and (4) act as a liaison to eligible
candidates.
Each executive agency shall designate a senior career
employee to oversee transition activities. The Federal
Transition Coordinator shall: (1) negotiate a memorandum of
understanding with the transition representative of each
eligible candidate on the conditions of access to employees,
facilities, and documents of agencies by transition staff; and
(2) submit reports to specified congressional committees on the
activities undertaken by the current administration and
executive agencies to prepare for the transfer of power to a
new President.
(Sec. 3) This section requires the President's annual
budget request to Congress to include funding for the
management and custody of presidential records by the National
Archives and Records Administration for each fiscal year in
which the term of office of the President will expire.
(Sec. 4) This section directs the Office of Personnel
Management to submit to specified congressional committees
annual reports on requests by agencies to appoint political
appointees or former political appointees to nonpolitical civil
service positions. These reports shall be submitted quarterly
in the last year of a presidential term or in the last year of
the second consecutive term of a President.
(Sec. 5) This section directs the Government Accountability
Office to report to specified congressional committees on final
significant regulatory actions promulgated during the last 120-
day period of presidential administrations ending in 2001,
2009, and 2017. A significant regulatory action means any
regulatory action that is likely to result in a rule that may:
(1) have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, the
environment, productivity, competition, jobs, public health or
safety, or state, local, or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with
an agency action; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or (4) raise
novel legal or policy issues.
(Sec. 6) This section directs the Department of Homeland
Security to submit, not later than February 15, 2016, a report
to specified congressional committees analyzing the threats and
vulnerabilities facing the United States during a presidential
transition.
S. 1180.--Integrated Public Alert and Warning System
Modernization Act of 2015. (Public Law 114-143). April 11,
2016.
(Sec. 2) Amends the Homeland Security Act of 2002 to direct
the Federal Emergency Management Agency (FEMA) to: (1)
modernize the integrated U.S. public alert and warning system
to help ensure that under all conditions the President, federal
agencies, and state, tribal, and local governments can alert
and warn the civilian population in areas endangered by natural
disasters, acts of terrorism, and other man-made disasters or
threats to public safety; and (2) implement such system to
disseminate timely and effective warnings.
Directs FEMA to: (1) establish common alerting and warning
protocols, standards, terminology, and operating procedures for
the system; (2) include in such system the capability to adapt
the distribution and content of communications on the basis of
geographic location, risks, and multiple communication
technologies and to alert, warn, and provide equivalent
information to individuals with disabilities, access and
functional needs, or limited English proficiency; (3) ensure
that specified training, tests, and exercises for such system
are conducted and that the system is resilient, secure, and can
withstand external attacks; and (4) conduct public education
efforts and a general market awareness campaign about the
system.
Requires the system to: (1) be designed to adapt to and
incorporate future technologies for communicating directly with
the public, provide alerts to the largest portion of the
affected population feasible, and improve the ability of remote
areas to receive alerts; (2) promote local and regional public
and private partnerships to enhance community preparedness and
response; (3) provide redundant alert mechanisms; and (4)
protect individual privacy.
Requires FEMA to make available on its public website and
submit to Congress an annual report of the performance of the
system.
Directs FEMA to establish the Integrated Public Alert and
Warning System Subcommittee to develop and submit
recommendations for an integrated public alert and warning
system to the National Advisory Council, which shall report the
recommendations it approves to agencies represented on the
Subcommittee and to specified congressional committees.
Terminates the Subcommittee not later than three years after
this Act's enactment.
Authorizes appropriations to carry out this Act for FY2016-
FY2018.
S. 1492.--A bill to direct the Administrator of General
Services, on behalf of the Archivist of the United States, to
convey certain Federal property located in the State of Alaska
to the Municipality of Anchorage, Alaska. (Public Law 114-161).
May 20, 2016.
This bill directs the General Services Administration, on
behalf of the Archivist of the United States, to offer to
convey to the city of Anchorage, Alaska, for not less than fair
market value, a parcel of U.S. property in such city consisting
of approximately nine acres and improvements located at 400
East Fortieth Avenue that is administered by the National
Archives and Records Administration.
The city shall be responsible for paying the costs of a
survey, an appraisal, and any other costs relating to the
conveyance of the federal property.
Any net proceeds received by the Archivist as a result of
the conveyance shall be deposited in the Treasury and used for
deficit reduction.
S. 1550.--Program Management Improvement Accountability
Act. (Public Law 114-264). December 14, 2016.
(Sec. 2) This bill establishes as additional functions of
the Deputy Director for Management of the Office of Management
and Budget (OMB) requirements to:
Ladopt and oversee implementation of government-
wide standards, policies, and guidelines for program and
project management for executive agencies;
Lchair the Program Management Policy Council
(established by this Act);
Lestablish standards and policies for executive
agencies consistent with widely accepted standards for program
and project management planning and delivery;
Lengage with the private sector to identify best
practices in program and project management that would improve
federal program and project management;
Lconduct portfolio reviews to address programs
identified as high risk by the Government Accountability Office
(GAO);
Lconduct portfolio reviews of agency programs at
least annually to assess the quality and effectiveness of
program management; and
Lestablish a five-year strategic plan for program
and project management.
The bill exempts the Department of Defense (DOD) from such
provisions to the extent that they are substantially similar
to: (1) federal provisions governing the defense acquisition
workforce; or (2) policy, guidance, or instruction of DOD
related to program management.
The head of each federal agency that is required to have a
Chief Financial Officer shall designate a Program Management
Improvement Officer to implement agency program management
policies and develop a strategy for enhancing the role of
program managers within the agency. The OMB must submit a
report containing such strategy within one year after enactment
of this bill. The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall be considered the Program
Management Improvement Officer for DOD.
The Program Management Policy Council is established within
OMB to act as the principal interagency forum for improving
agency practices related to program and project management. The
Office of Personnel Management must issue regulations that: (1)
identify key skills and competencies needed for an agency
program and project manager, (2) establish a new job series or
update and improve an existing job series for program and
project management within an agency, and (3) establish a new
career path for program and project managers.
The GAO must issue a report within three years of
enactment, in conjunction with its high risk list, examining
the effectiveness of the following (as required or established
under this Act) on improving federal program and project
management:
Lthe standards, policies, and guidelines for
program and project management;
Lthe strategic plan;
LProgram Management Improvement Officers; and
Lthe Program Management Policy Council.
S. 1580.--Competitive Service Act of 2015. (Public Law 114-
137). March 18, 2016.
(Sec. 2) This bill authorizes an appointing authority
(i.e., a federal agency appointing an individual to a position
in the competitive service), other than the appointing
authority that requested a certificate of eligibles for filling
a position, to select an individual from that certificate for
appointment to a position that is: (1) in the same occupational
series as the position for which the certificate of eligibles
was issued, and (2) at a similar grade level as the original
position. The appointing authority must select an individual
from the certificate of eligibles within 240 days after the
issuance of the certificate. The bill sets forth further
requirements relating to the sharing of certificates by
agencies, notice to agency employees of available positions,
and alternative ranking and selection procedures for job
applicants.
S. 1629.--District of Columbia Courts, Public Defender
Service, and Court Services and Offender Supervision Agency Act
of 2015. (Public Law 114-118). January 28, 2016.
(Sec. 2) Amends the District of Columbia Code to authorize
the Executive Officer of the District of Columbia courts to:
Lcollect debts owed to the District of Columbia
courts because of erroneous payments made to current and former
court employees, or any other debt; and
Lpurchase uniforms to be worn by certain
nonjudicial employees of the District courts, so long as the
cost of furnishing a uniform during a year does not exceed the
amount applicable to the uniform allowance for federal
employees.
(Sec. 3) Amends the National Capital Revitalization and
Self-Government Improvement Act of 1997 to authorize the
Director of the Court Services and Offender Supervision Agency
to develop and operate intermediate incentive programs for
sentenced offenders.
Makes permanent the Director's authority to accept,
solicit, and use on behalf of the Agency: (1) any monetary or
nonmonetary gift, donation, bequest, or use of facilities,
property, or services to aid or facilitate the work of the
Agency; and (2) reimbursements from the District government for
space and services provided, on a cost reimbursable basis.
(Sec. 4) Amends the District of Columbia Court Reform and
Criminal Procedure Act of 1970 to:
Lauthorize the Public Defender Service, upon
approval of the Board of Trustees, to accept (as currently
allowed) and use public grants, private contributions, and
voluntary and uncompensated (gratuitous) services to assist it;
and
Ldeem members of the Board of Trustees, as of
October 21, 1998, to be employees of the Service instead of
District employees for purposes of any action brought against
them.
S. 1638.--Department of Homeland Security Headquarters
Consolidation Accountability Act of 2015. (Public Law 114-150).
April 29, 2016.
(Sec. 2) This bill directs the Department of Homeland
Security (DHS), in coordination with the General Services
Administration (GSA), to submit information on the
implementation of the enhanced plan for the DHS headquarters
consolidation project within the National Capital Region,
approved by the Office of Management and Budget and included in
the budget of the President for FY2016, that includes:
La proposed occupancy plan that includes specific
information about which DHS-wide operations, component
operations, and support offices will be located at the site,
the aggregate number of full time equivalent employees
projected to occupy the site, the seat-to-staff ratio at the
site, and schedule estimates for migrating operations to the
site;
La comprehensive assessment of the difference
between the current real property and facilities needed by DHS
in the Region to carry out its mission and its future needs;
Lan analysis of the difference between the current
and needed capital assets and facilities of DHS;
La current plan for construction of the
headquarters consolidation at the St. Elizabeths campus that
includes the estimated costs and schedule for the current plan
and any estimated cost savings associated with reducing the
scope of the project and increasing the use of existing
capacity developed under the project;
La current plan for the leased portfolio of DHS in
the Region that includes an end-state vision that identifies
which DHS-wide operations, component operations, and support
offices do not migrate to the St. Elizabeths campus and
continue to operate at a property in the leased portfolio, the
number of full-time equivalent employees who are expected to
operate at each property, component, or office for each year
until the consolidation project is completed, the anticipated
total rentable square feet leased per year between the date of
this Act's enactment and the date on which the consolidation
project is completed, and the timing and anticipated lease
terms for leased space; and
Lan analysis that identifies the costs and
benefits of leasing and construction alternatives for the
remainder of the consolidation project, including a comparison
of the long-term cost that would result from leasing to the
cost of consolidating functions on government-owned space and
the identification of any cost impacts in terms of premiums for
short-term lease extensions or holdovers due to the uncertainty
of funding for, or delays in, completing construction required
for the consolidation.
The bill directs the Government Accountability Office to
evaluate the quality and reliability of the cost and schedule
estimates submitted and report on the results.
S. 1808.--Northern Border Security Review Act. (Public Law
114-267). December 14, 2016.
(Sec. 3) This bill directs the Secretary of Homeland
Security to submit to specified congressional committees a
northern border threat analysis, which shall include analyses
of:
Lterrorism and criminal threats posed by
individuals and organized groups seeking to enter the United
States through the northern border or to exploit border
vulnerabilities on such border;
Limprovements needed at and between ports of entry
along the northern border to prevent terrorists and instruments
of terrorism from entering the United States and to reduce
criminal activity, as measured by the total flow of illegal
goods, illicit drugs, and smuggled and trafficked persons moved
in either direction across such border;
Lgaps in law, policy, cooperation between state,
tribal, and local law enforcement, international agreements, or
tribal agreements that hinder border security,
counterterrorism, anti-human smuggling and trafficking efforts,
and the flow of legitimate trade along the northern border; and
Lwhether additional U.S. Customs and Border
Protection preclearance and preinspection operations at ports
of entry along the northern border could help prevent
terrorists and instruments of terror from entering the United
States.
The Secretary, for such analysis, must consider and
examine:
Ltechnology needs and challenges;
Lpersonnel needs and challenges;
Lthe role of state, tribal, and local law
enforcement in general border security activities;
Lthe need for cooperation among federal, state,
tribal, local, and Canadian law enforcement entities relating
to border security;
Lthe terrain, population density, and climate
along the northern border; and
Lthe needs and challenges of Department of
Homeland Security facilities, including the physical approaches
to such facilities.
S. 1915.--First Responder Anthrax Preparedness Act. (Public
Law 114-268). December 14, 2016.
(Sec. 2) This bill requires the Department of Homeland
Security (DHS), in coordination with the Department of Health
and Human Services (HHS), to carry out a pilot program to
provide eligible anthrax vaccines nearing the end of their
labeled dates of use from the strategic national stockpile to
emergency response providers who would be at high risk of
exposure to anthrax if an attack should occur and who
voluntarily consent.
HHS shall determine whether an anthrax vaccine is eligible
to be provided to DHS for the program based on determinations
that: (1) the vaccine is not otherwise allotted for other
purposes; and (2) the provision of the vaccine will not reduce
or otherwise adversely affect the capability to meet projected
requirements for such product during a public health
emergency.DHS shall establish a communication platform, develop
and deliver education and training, conduct an economic
analysis, create a logistical platform, establish goals and
desired outcomes for the program, and establish a mechanism to
reimburse HHS for the costs of shipment and transportation of
such vaccines provided to DHS under such program and the amount
by which the warehousing costs of the stockpile are increased
in order to operate such program.
DHS must: (1) select between two and five states for
voluntary participation in the program; (2) provide guidance to
participating states and local governments on identifying
providers who are at high risk of exposure; and (3) require
each participating state to submit a written certification that
each participating emergency response provider is provided with
disclosures and educational materials regarding the associated
benefits and risks of any vaccine provided and of exposure to
anthrax, additional material consistent with the Centers for
Disease Control and Prevention's clinical guidance, and notice
that the federal government is not obligated to continue
providing anthrax vaccine after the program ends.
Each state that participates in the program shall ensure
that such participation is consistent with the state's All-
Hazards Public Health Emergency Preparedness and Response Plan.
DHS shall enter into a memorandum of understanding with HHS
to: (1) define each department's roles and responsibilities,
and (2) establish appropriate performance metrics and policies
for the program.
DHS must submit annual reports on program progress and
results, which shall include the costs to administer the
program, the number and percentage of eligible providers that
volunteer to participate, the degree to which participants
complete the vaccine regimen, the total number of doses of
vaccine administered, and recommendations to improve
participation.
The final report shall consider whether the program should
continue beyond five years after enactment of this bill and
shall include: (1) an analysis of the costs and benefits of
continuing the program; (2) an explanation of the economic,
health, and other risks and benefits of administering vaccines
through the program rather than post-event treatment; and (3) a
plan under which the program could be continued.
S. 2109.--Directing Dollars to Disaster Relief Act of 2015.
(Public Law 114-132). February 29, 2016.
(Sec. 3) This bill directs the Federal Emergency Management
Agency (FEMA) to:
Ldevelop and implement an integrated plan to
control and reduce administrative costs incurred by FEMA in
support of the delivery of assistance for major disasters;
Lcompare the costs and benefits of tracking the
administrative cost data for major disasters by the public
assistance, individual assistance, hazard mitigation, and
mission assignment programs;
Ltrack such information; and
Lclarify FEMA guidance and minimum documentation
requirements for a direct administrative cost claimed by a
grantee or subgrantee of a public assistance grant program
authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
(Sec. 4) FEMA must submit to Congress, by November 30 of
each year for seven years beginning on the date of this Act's
enactment, and make publicly available on its website, a report
on the development and implementation of the plan for the
previous fiscal year, with three-year and five-year updates.
Each report shall contain:
Lthe total amount spent on administrative costs
and the average annual percentage of administrative costs for
the fiscal year period for which the report is being submitted;
Lan assessment of the effectiveness of the plan;
Lan analysis of whether FEMA is achieving its
strategic goals for the average annual percentage of
administrative costs of major disasters for each fiscal year
and, in the case of it not achieving such goals, what is
preventing it from doing so;
Lany actions FEMA has identified as useful in
improving upon and reaching those goals; and
Lany administrative cost data for major disasters,
if FEMA determines it is feasible to track such data.
S. 2133.--Fraud Reduction and Data Analytics Act of 2015.
(Public Law 114-186). June 30, 2016.
(Sec. 3) This bill requires the Office of Management and
Budget (OMB) to establish guidelines for federal agencies to
establish financial and administrative controls to identify and
assess fraud risks and design and implement control activities
in order to prevent, detect, and respond to fraud, including
improper payments.
The guidelines shall incorporate the leading practices
identified in the report published by the Government
Accountability Office on July 28, 2015, entitled ``Framework
for Managing Fraud Risks in Federal Programs.''
The financial and administrative controls shall include:
Lconducting an evaluation of fraud risks and using
a risk-based approach to design and implement financial and
administrative control activities to mitigate identified fraud
risks;
Lcollecting and analyzing data from reporting
mechanisms on detected fraud to monitor fraud trends and using
that data and information to continuously improve fraud
prevention controls; and
Lusing the results of monitoring, evaluation,
audits, and investigations to improve fraud prevention,
detection, and response.
Each agency shall submit as part of its annual financial
report a report on its progress in:
Limplementing such financial and administrative
controls, the fraud risk principle in the Standards for
Internal Control in the Federal Government, and OMB Circular A-
123 leading practices for managing fraud risk;
Lidentifying risks and vulnerabilities to fraud;
and
Lestablishing steps to curb fraud.
(Sec. 4) The OMB must establish a working group to: (1)
improve the sharing of financial and administrative controls
and other best practices and techniques for detecting,
preventing, and responding to fraud, and the sharing and
development of data analytics techniques; and (2) submit a plan
for a federal interagency library of data analytics and data
sets for use by agencies and Offices of Inspectors General to
facilitate the detection, prevention, and recovery of fraud.
S. 2971.--National Urban Search and Rescue Response System
Act of 2016. (Public Law 114-326). December 16, 2016.
(Sec. 2) This bill amends the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to direct the Federal
Emergency Management Agency (FEMA) to: (1) continue to
administer the National Urban Search and Rescue Response
System; (2) provide for a national network of standardized
search and rescue resources to assist states and local
governments in responding to hazards; (3) designate urban
search and rescue teams to participate in the system, determine
participation criteria, and enter into an agreement with the
state or local government agency sponsoring each team with
respect to such participation; and (4) maintain management and
technical teams necessary to administer the system.
FEMA may appoint a system member for a period of federal
service to provide for the participation of such member in
exercises, pre-incident staging, major disaster and emergency
response activities, and training events sponsored or
sanctioned by FEMA.
FEMA shall enter into: (1) an annual preparedness
cooperative agreement under which amounts shall be made
available to a sponsoring agency for training and exercises,
acquisition and maintenance of equipment, and medical
monitoring required for responder safety and health; and (2) a
response cooperative agreement under which FEMA shall reimburse
a sponsoring agency for costs incurred in responding to a major
disaster or emergency.
FEMA shall submit a report on the development of a plan to
finance, maintain, and replace system equipment.
B. POSTAL NAMING BILLS
H.R. 136--To designate the facility of the United States
Postal Service located at 1103 USPS Building 1103 in Camp
Pendleton, California, as the ``Camp Pendleton Medal of Honor
Post Office''. (Public Law 114-166). June 13, 2016.
H.R. 322--To designate the facility of the United States
Postal Service located at 16105 Swingley Ridge Road in
Chesterfield, Missouri, as the ``Sgt. Zachary M. Fisher Post
Office''. (Public Law 114-76). November 5, 2015.
H.R. 323--To designate the facility of the United States
Postal Service located at 55 Grasso Plaza in St. Louis,
Missouri, as the ``Sgt. Amanda N. Pinson Post Office''. (Public
Law 114-77). November 5, 2015.
H.R. 324--To designate the facility of the United States
Postal Service located at 11662 Gravois Road in St. Louis,
Missouri, as the ``Lt. Daniel P. Riordan Post Office''. (Public
Law 114-78). November 5, 2015.
H.R. 433--To designate the facility of the United States
Postal Service located at 523 East Railroad Street in Knox,
Pennsylvania, as the ``Specialist Ross A. McGinnis Memorial
Post Office''. (Public Law 114-167). June 13, 2016.
H.R. 558--To designate the facility of the United States
Postal Service located at 55 South Pioneer Boulevard in
Springboro, Ohio, as the ``Richard `Dick' Chenault Post Office
Building''. (Public Law 114-79). November 5, 2015.
H.R. 651--To designate the facility of the United States
Postal Service located at 820 Elmwood Avenue in Providence,
Rhode Island, as the ``Sister Ann Keefe Post Office''. (Public
Law 114-15). May 22, 2015.
H.R. 728--To designate the facility of the United States
Postal Service located at 7050 Highway BB in Cedar Hill,
Missouri, as the ``Sergeant First Class William B. Woods, Jr.
Post Office''. (Public Law 114-32). July 20, 2015.
H.R. 891--To designate the facility of the United States
Postal Service located at 141 Paloma Drive in Floresville,
Texas, as the ``Floresville Veterans Post Office Building''.
(Public Law 114-33). July 20, 2015.
H.R. 1132--To designate the facility of the United States
Postal Service located at 1048 West Robinhood Drive in
Stockton, California, as the ``W. Ronald Coale Memorial Post
Office Building''. (Public Law 114-168). June 13, 2016.
H.R. 1326--To designate the facility of the United States
Postal Service located at 2000 Mulford Road in Mulberry,
Florida, as the ``Sergeant First Class Daniel M. Ferguson Post
Office''. (Public Law 114-34). July 20, 2015.
H.R. 1350--To designate the facility of the United States
Postal Service located at 442 East 167th Street in Bronx, New
York, as the ``Herman Badillo Post Office Building''. (Public
Law 114-35). July 20, 2015.
H.R. 1442--To designate the facility of the United States
Postal Service located at 90 Cornell Street in Kingston, New
York, as the ``Staff Sergeant Robert H. Dietz Post Office
Building''. (Public Law 114-82). November 5, 2015.
H.R. 1884--To designate the facility of the United States
Postal Service located at 206 West Commercial Street in East
Rochester, New York, as the ``Officer Daryl R. Pierson Memorial
Post Office Building''. (Public Law 114-83). November 5, 2015.
H.R. 2458--To designate the facility of the United States
Postal Service located at 5351 Lapalco Boulevard in Marrero,
Louisiana, as the ``Lionel R. Collins, Sr. Post Office
Building''. (Public Law 114-169). June 13, 2016.
H.R. 2607--To designate the facility of the United States
Postal Service located at 7802 37th Avenue in Jackson Heights,
New York, as the ``Jeanne and Jules Manford Post Office
Building''. (Public Law 114-200). July 29, 2016.
H.R. 2928--To designate the facility of the United States
Postal Service located at 201 B Street in Perryville, Arkansas,
as the ``Harold George Bennett Post Office''. (Public Law 114-
170). June 13, 2016.
H.R. 3059--To designate the facility of the United States
Postal Service located at 4500 SE 28th Street, Del City,
Oklahoma, as the ``James Robert Kalsu Post Office Building''.
(Public Law 114-84). November 5, 2015.
H.R.3082--To designate the facility of the United States
Postal Service located at 5919 Chef Menteur Highway in New
Orleans, Louisiana, as the ``Daryle Holloway Post Office
Building''. (Public Law 114-171). June 13, 2016.
H.R. 3218--Designate the facility of the United States
Postal Service located at 1221 State Street, Suite 12, Santa
Barbara, California, as the ``Special Warfare Operator Master
Chief Petty Officer (SEAL) Louis `Lou' J. Langlais Post Office
Building''. (Public Law 114-283). December 5, 2016.
H.R. 3274--To designate the facility of the United States
Postal Service located at 4567 Rockbridge Road in Pine Lake,
Georgia, as the ``Francis Manuel Ortega Post Office''. (Public
Law 114-172). June 13, 2016.
H.R. 3601--To designate the facility of the United States
Postal Service located at 7715 Post Road, North Kingstown,
Rhode Island, as the ``Melvoid J. Benson Post Office
Building''. (Public Law
114-173). June 13, 2016.
H.R. 3735--To designate the facility of the United States
Postal Service located at 200 Town Run Lane in Winston Salem,
North Carolina, as the ``Maya Angelou Memorial Post Office''.
(Public Law 114-174). June 13, 2016.
H.R. 3866--To designate the facility of the United States
Postal Service located at 1265 Hurffville Road in Deptford
Township, New Jersey, as the ``First Lieutenant Salvatore S.
Corma II Post Office Building''. (Public Law 114-175). June 13,
2016.
H.R. 3931--To designate the facility of the United States
Postal Service located at 620 Central Avenue Suite 1A in Hot
Springs National Park, Arkansas, as the ``Chief Petty Officer
Adam Brown United States Post Office''. (Public Law 114-202).
July 29, 2016.
H.R. 3953--To designate the facility of the United States
Postal Service located at 4122 Madison Street, Elfers, Florida,
as the ``Private First Class Felton Roger Fussell Memorial Post
Office''. (Public Law 114-203). July 29, 2016.
H.R. 4010--To designate the facility of the United States
Postal Service located at 522 North Central Avenue in Phoenix,
Arizona, as the ``Ed Pastor Post Office''. (Public Law 114-
204). July 29, 2016.
H.R. 4046--To designate the facility of the United States
Postal Service located at 220 East Oak Street, Glenwood City,
Wisconsin, as the ``Second Lt. Ellen Ainsworth Memorial Post
Office''. (Public Law 114-176). June 13, 2016.
H.R. 4372--To designate the facility of the United States
Postal Service located at 15 Rochester Street, Bergen, New
York, as the ``Barry G. Miller Post Office''. (Public Law 114-
192). July 15, 2016.
H.R. 4425--To designate the facility of the United States
Postal Service located at 110 East Powerhouse Road in
Collegeville, Minnesota, as the ``Eugene J. McCarthy Post
Office''. (Public Law
114-205). July 29, 2016.
H.R. 4605--To designate the facility of the United States
Postal Service located at 615 6th Avenue SE in Cedar Rapids,
Iowa as the ``Sgt. 1st Class Terryl L. Pasker Post Office
Building''. (Public Law 114-177). June 13, 2016.
H.R. 4747--To designate the facility of the United States
Postal Service located at 6691 Church Street in Riverdale,
Georgia, as the ``Major Gregory E. Barney Post Office
Building''. (Public Law
114-206). July 29, 2016.
H.R. 4761--To designate the facility of the United States
Postal Service located at 61 South Baldwin Avenue in Sierra
Madre, California, as the ``Louis Van Iersel Post Office''.
(Public Law 114-207). July 29, 2016.
H.R. 4777--To designate the facility of the United States
Postal Service located at 1301 Alabama Avenue in Selma, Alabama
as the ``Amelia Boynton Robinson Post Office Building''.
(Public Law
114-208). July 29, 2016.
H.R. 4877--To designate the facility of the United States
Postal Service located at 3130 Grants Lake Boulevard in Sugar
Land, Texas, as the ``LCpl Garrett W. Gamble, USMC Post Office
Building''. (Public Law 114-209). July 29, 2016.
H.R. 4887--To designate the facility of the United States
Postal Service located at 23323 Shelby Road in Shelby, Indiana,
as the ``Richard Allen Cable Post Office''. (Public Law 114-
290). December 16, 2016.
H.R. 4925--To designate the facility of the United States
Postal Service located at 229 West Main Cross Street, in
Findlay, Ohio, as the ``Michael Garver Oxley Memorial Post
Office Building''. (Public Law 114-211). July 29, 2016.
H.R. 4960--To designate the facility of the United States
Postal Service located at 525 N Broadway in Aurora, Illinois,
as the ``Kenneth M. Christy Post Office Building''. (Public Law
114-193). July 15, 2016.
H.R. 4975--To designate the facility of the United States
Postal Service located at 5720 South 142nd Street in Omaha,
Nebraska, as the ``Petty Officer 1st Class Caleb A. Nelson Post
Office Building''. (Public Law 114-212). July 29, 2016.
H.R. 4987--To designate the facility of the United States
Postal Service located at 3957 2nd Avenue in Laurel Hill,
Florida, as the ``Sergeant First Class William `Kelly' Lacey
Post Office''. (Public Law 114-213). July 29, 2016.
H.R. 5028--To designate the facility of the United States
Postal Service located at 10721 E Jefferson Ave in Detroit,
Michigan, as the ``Mary E. McCoy Post Office Building''.
(Public Law 114-214). July 29, 2016.
H.R. 5150--To designate the facility of the United States
Postal Service located at 3031 Veterans Road West in Staten
Island, New York, as the ``Leonard Montalto Post Office
Building''. (Public Law 114-295). December 16, 2016.
H.R. 5309--To designate the facility of the United States
Postal Service located at 401 McElroy Drive in Oxford,
Mississippi, as the ``Army First Lieutenant Donald C. Carwile
Post Office Building''. (Public Law 114-296). December 16,
2016.
H.R. 5356--To designate the facility of the United States
Postal Service located at 14231 TX-150 in Coldspring, Texas, as
the ``E. Marie Youngblood Post Office''. (Public Law 114-297).
December 16, 2016.
H.R. 5591--To designate the facility of the United States
Postal Service located at 810 N US Highway 83 in Zapata, Texas,
as the ``Zapata Veterans Post Office''. (Public Law 114-298).
December 16, 2016.
H.R. 5612--To designate the facility of the United States
Postal Service located at 2886 Sandy Plains Road in Marietta,
Georgia, as the ``Marine Lance Corporal Squire `Skip' Wells
Post Office Building''. (Public Law 114-299). December 16,
2016.
H.R. 5676--To designate the facility of the United States
Postal Service located at 6300 N. Northwest Highway in Chicago,
Illinois, as the ``Officer Joseph P. Cali Post Office
Building''. (Public Law 114-300). December 16, 2016.
H.R. 5798--To designate the facility of the United States
Postal Service located at 1101 Davis Street in Evanston,
Illinois, as the ``Abner J. Mikva Post Office Building''.
(Public Law 114-303). December 16, 2016.
H.R. 5889--To designate the facility of the United States
Postal Service located at 1 Chalan Kanoa VLG in Saipan,
Northern Mariana Islands, as the ``Segundo T. Sablan and CNMI
Fallen Military Heroes Post Office Building''. (Public Law 114-
305). December 16, 2016.
S. 179--A bill to designate the facility of the United
States Postal Service located at 14 3rd Avenue, NW, in
Chisholm, Minnesota, as the ``James L. Oberstar Memorial Post
Office Building''. (Public Law 114-37). July 20, 2015.
S. 994--A bill to designate the facility of the United
States Postal Service located at 1 Walter Hammond Place in
Waldwick, New Jersey, as the ``Staff Sergeant Joseph
D'Augustine Post Office Building''. (Public Law 114-66).
October 7, 2015.
S. 1596--A bill to designate the facility of the United
States Postal Service located at 2082 Stringtown Road in Grove
City, Ohio, as the ``Specialist Joseph W. Riley Post Office
Building''. (Public Law 114-134). March 9, 2016.
S. 1826--A bill to designate the facility of the United
States Postal Service located at 99 West 2nd Street in Fond du
Lac, Wisconsin, as the ``Lieutenant Colonel James `Maggie'
Megellas Post Office''. (Public Law 114-138). March 18, 2016.
VIII. ACTIVITIES OF THE SUBCOMMITTEES
SUBCOMMITTEE ON REGULATORY AFFAIRS AND
FEDERAL MANAGEMENT
Chairman: James Lankford (R-OK)
Ranking Member: Heidi Heitkamp (D-ND)
I. AUTHORITY
The Subcommittee on Regulatory Affairs and Federal
Management oversees the management, efficiency, effectiveness,
and economy of all government agencies, departments, and
programs. The Subcommittee has broad oversight over the Federal
regulatory regime, including the Office of Information and
Regulatory Affairs (OIRA). In addition, the Subcommittee is
responsible for exploring policies that promote a skilled,
efficient, and effective Federal workforce which will, in turn,
work to ensure efficient and effective management of Federal
programs.
II. ACTIVITY
During the 114th Congress, the Subcommittee on Regulatory
Affairs and Federal Management held 21 hearings or roundtables.
A. Hearings
Examining Federal Rulemaking Challenges and Areas of Improvement within
the Existing Regulatory Process. March 19, 2015. (S. Hrg. 114-
32)
The purpose of the hearing was to examine the patchwork of
statutes that comprise today's regulatory process, including
the Administrative Procedure Act, the Regulatory Flexibility
Act, the Paperwork Reduction Act, the Unfunded Mandates Reform
Act, and the Information Quality Act. The hearing also
addressed OIRA review procedures, as mandated through various
executive orders.
Witnesses: Hon. John Graham, Dean of Indiana University
School of Public and Environmental Affairs and Former Director
of OIRA; Neil Eisner, Senior Fellow with Administrative
Conference of the United States and Former Assistant General
Counsel for Regulation and Enforcement with the U.S. Department
of Transportation; Drew Greenblatt, President and Owner of
Marlin Steel Wire Products, LLC and Executive Board Member of
National Association of Manufacturers; Pamela Gilbert, Partner
with Cuneo Gilbert and LaDuca, LLP and Former Executive
Director of Consumer Product Safety Commission.
Examining the Proper Roles of Judicial Review in the Federal Regulatory
Process. April 28, 2015. (S. Hrg. 114-33)
The purpose of the hearing was to examine issues associated
with judicial review of administrative agency action. This
hearing served as a forum to examine the proper role of the
judiciary in reviewing agency action, as well as the various
deference regimes developed by the courts--specifically
deference to an agency's interpretation of its own ambiguous
rules.
Witnesses: Ronald M. Levin, William R. Orthwein
Distinguished Professor of Law at Washington University in St.
Louis and Chair of Judicial Review Committee for the
Administrative Conference of the United States; Andrew M.
Grossman, Associate with Baker and Hostetler, LLP and Adjunct
Scholar at The Cato Institute.
21st Century Ideas for the 20th Century Federal Civil Service. May 20,
2015. (S. Hrg. 114-52)
The purpose of the hearing was to examine the most pressing
modernization issues facing the federal workforce today. Topics
discussed included: challenges to recruitment, retention,
performance management, termination, and compensation of the
federal workforce.
Witnesses: Hon. Dan G. Blair, President and Chief Executive
Officer of the National Academy of Public Administration,
Chairman of the Postal Regulatory Commission (2006-2009), and
Deputy Director of the Office of Personnel Management (2002-
2006); Yvonne D. Jones, Director, Strategic Issues, U.S.
Government Accountability Office; Patricia J. Niehaus, National
President, Federal Managers Association; J. David Cox, Sr.,
National President, American Federation of Government
Employees, AFL-CIO.
Roundtable: Examining Practical Solutions to Improve the Federal
Regulatory Process. June 4, 2015.
The purpose of the roundtable was to bring Senators and
experts together to discuss common sense ideas that could
garner bipartisan support and provide immediate improvement to
the federal regulatory process. Through an open and frank
discussion, members of the Subcommittee were able to discuss
current legislation as well as ideas for future legislation
with the goal of identifying common ground.
Witnesses: Susan Dudley, Director, The George Washington
University Regulatory Studies Center; Michael Greenstone,
Ph.D., The Milton Friedman Professor of Economics and Director
of the Interdisciplinary Energy Policy Institute, University of
Chicago.
Re-examining EPA's Management of the Renewable Fuel Standard Program.
June 18, 2015. (S. Hrg. 114-71)
The proposed 2014, 2015, and 2016 Renewable Fuel Standard
program's mandates were released by the Environmental
Protection Agency (EPA) on May 29, 2015. These numbers were
finalized by November 30, 2015. The purpose of the hearing was
to examine the EPA's past, present, and future management of
the Renewable Fuel Standard program.
Witness: Janet McCabe, Acting Assistant Administrator,
Office of Air and Radiation, U.S. Environmental Protection
Agency.
Reviewing the Office of Information and Regulatory Affairs' Role in the
Regulatory Process. July 16, 2015. (S. Hrg. 114-84)
The purpose of the hearing was to draw on the witness's
expertise in order to explore the current state of the federal
regulatory process, and the ways in which OIRA leverages its
role to improve agency regulatory actions and facilitate
greater transparency, as well as opportunities to strengthen
those efforts.
Witness: Hon. Howard Shelanski, Administrator, Office of
Information and Regulatory Affairs, Office of Management and
Budget.
Examining the Use of Agency Regulatory Guidance. September 23, 2015.
(S. Hrg. 114-167)
The purpose of the hearing was to discuss if and how
agencies improperly issue guidance, its effects on regulated
parties and the public at large, and ways to ensure its proper
use going forward.
Witnesses: Michelle A. Sager, Director, Strategic Issues,
U.S. Government Accountability Office; Mary Beth Maxwell,
Principal Deputy Assistant Secretary for Policy, U.S.
Department of Labor; Amy McIntosh, Principal Deputy Assistant
Secretary Delegated the Duties of the Assistant Secretary,
Office of Planning, Evaluation, and Policy Development, U.S.
Department of Education.
Improving Pay Flexibilities in the Federal Workforce. October 22, 2015.
(S. Hrg. 114-139)
The purpose of the hearing was to examine if current
federal employee pay system laws, regulations and policies are
flexible enough to meet the challenges the federal workforce
faces today and will face in the future. The hearing mainly
covered scenarios wherein unique economic situations strike,
leading to upheaval in local and regional employment markets in
which federal workforce leaders must have the tools they need
to maintain an effective workforce.
Witnesses: Brenda Roberts, Deputy Associate Director for
Pay and Leave, U.S. Office of Personnel Management; Debra A.
Warner, Director of Civilian Force Management and Deputy Chief
of Staff for Manpower, Personnel, and Services with
Headquarters, U.S. Air Force; Linda Jacksta, Assistant
Commissioner, Office of Human Resources Management, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Anthony M. Reardon, National President, National
Treasury Employees Union; William R. Dougan, National
President, National Federation of Federal Employees.
Agency Progress in Retrospective Review of Existing Regulations.
November 5, 2015. (S. Hrg. 114-241)
Without careful oversight, regulations may not achieve
initial goals, may become outdated, or may unnecessarily burden
regulated entities. Regulations may also change the behaviors
of regulated entities and the public in ways that cannot be
predicted by prospective analysis prior to implementation. As a
result, in this hearing, the subcommittee examined the number
of regulations reviewed and the results of the reviews, as well
as how agencies have prioritized their reviews and how they are
planning for retrospective reviews as they draft new
regulations.
Witnesses: Elizabeth Klein, Associate Deputy Secretary,
U.S. Department of the Interior; Christopher Zehren, Deputy
Director, Office of Budget and Program Analysis, U.S.
Department of Agriculture; Megan J. Uzzell, Associate Deputy
Secretary, U.S. Department of Labor; Bill Nickerson, Acting
Director, Office of Regulatory Policy and Management, Office of
Policy, U.S. Environmental Protection Agency.
Examining On-going Challenges at the U.S. Secret Service and Their
Government-Wide Implications. November 17, 2015. (Serial No.
114-43)
This joint subcommittee hearing, conducted with the
Subcommittee on Oversight and Management Efficiency of the
Committee on Homeland Security, U.S. House of Representatives,
examined how the U.S. Secret Service, a top federal law
enforcement agency, could fail to identify a series of
unauthorized accesses of sensitive personal information. In
light of issues at the United States Secret Service, the
Subcommittee also focused upon what is being done to protect
the millions of individuals whose private information is housed
on other federal government databases.
Witnesses: Joseph P. Clancy, Director, United States Secret
Service, U.S. Department of Homeland Security; Hon. John Roth,
Inspector General, Office of Inspector General, U.S. Department
of Homeland Security; Joel C. Willemssen, Managing Director,
Information Technology Issues, U.S. Government Accountability
Office.
Implementing Solutions: The Importance of Following Through on GAO and
OIG Recommendations. December 10, 2015. (S. Hrg. 114-265)
The purpose of the hearing was to examine the differences
by which agencies follow up on Government Accountability Office
(GAO) and Inspector General (IG) recommendations, to discuss
methods for simplifying the oversight of open recommendations,
and to discuss the adequacy of GAO and IG authorities. The
hearing lead to an open dialogue on how Congress can work with
agencies, the GAO and IGs to improve Congressional oversight of
recommendations.
Witnesses: Hon. Gene L. Dodaro, Comptroller General of the
United States, U.S. Government Accountability Office; Hon.
Michael E. Horowitz, Inspector General of the U.S. Department
of Justice and Chair of the Council of the Inspectors General
on Integrity and Efficiency; Jim H. Crumpacker, Director,
Departmental GAO-OIG Liaison Office, U.S. Department of
Homeland Security.
Examining Agency Discretion in Setting and Enforcing Regulatory Fines
and Penalties. February 11, 2016. (S. Hrg. 114-325)
The purpose of this hearing was to examine the varying
degrees of enforcement flexibility that Congress has delegated
to regulatory agencies to set penalties for regulatory
violations. When properly used, this authority is a powerful
tool for agencies to encourage compliance and achieve
regulatory goals. However, this authority is also susceptible
to abuse if not properly administered. To that end, this
hearing examined the process by which agencies set and enforce
regulatory fines and penalties, the amount of discretion
agencies have in assessing fines and penalties, and the efforts
that agencies have taken to ensure consistency and transparency
over regulatory enforcement decisions.
Witnesses: Jordan Barab, Deputy Assistant Secretary,
Occupational Safety and Health Administration, U.S. Department
of Labor; Susan Shinkman, Director, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance,
U.S. Environmental Protection Agency.
The Unfunded Mandates Reform Act: Opportunities for Improvement to
Support State and Local Governments. February 24, 2016. (S.
Hrg. 114-266)
The purpose of this hearing was to examine the original
intent of the Unfunded Mandates Reform Act of 1995, identify
strengths and weaknesses of the original legislation, and
assess the effects on state and local governments. The
Subcommittee also discussed the content of S.189, the Unfunded
Mandates Information and Transparency Act of 2015.
Witnesses: Hon. Virginia Foxx, a Representative in Congress
from the State of North Carolina; Hon. Curt Bramble, President
Pro Tempore of the Utah Senate and President of the National
Conference of State Legislators; Hon. Bryan Desloge,
Commissioner of Leon County, Florida and First Vice President
of the National Association of Counties; Paul Posner, Ph.D.,
Director of the Center on the Public Service at George Mason
University and Former Director of Intergovernmental Affairs at
the U.S. Government Accountability Office; Richard J. Pierce,
Jr., Lyle T. Alverson Professor of Law, George Washington
University School of Law.
Examining Agency Use of Deference, Part II. March 17, 2016. (S. Hrg.
114-284)
The purpose of this hearing was to follow up on a previous
Subcommittee hearing held to examine the role of judicial
review in the regulatory process and the various deference
regimes utilized by federal courts. This hearing focused on the
Chevron doctrine, its use by the courts, and its impact on
agency rulemaking. It also explored Chevron deference's
methodology, as well as the praises and criticisms levied by
constitutional and administrative law scholars.
Witnesses: Neomi Rao, Associate Professor of Law, George
Mason University School of Law; Charles J. Cooper, Partner,
Cooper & Kirk, PLLC; Michael Herz, Arthur Kaplan Professor of
Law, Cardozo School of Law.
Roundtable: Improving the USAJOBS Website. April 12, 2016.
The purpose of this roundtable was to follow up on
discussions the Subcommittee has had regarding challenges in
the federal hiring process, such as the USAJOBS website. The
roundtable covered the Office of Personnel Management's ongoing
efforts to improve the USAJOBS platform, federal efforts to
attract and maintain millennial workers, and analyzed what
additional improvements are needed in order to increase the
efficiency of federal government hiring.
Witnesses: Lina E. Brooks Rix, President and Co-Chief
Executive Officer, Avue Technologies Corporation; Max Stier,
President and Chief Executive Officer, Partnership for Public
Service; Mark Reinhold, Associate Director for Employee
Services and Chief Human Capital Officer, U.S. Office of
Personnel Management.
Examining Due Process in Administrative Hearings. May 12, 2016. (S.
Hrg. 114-424)
The purpose of this hearing was to focus on the
independence of federal agency judges and the due process
afforded to individuals appearing before them. Recently the
Social Security Administration (SSA) proposed the removal of
two classes of adjudicatory hearings from the purview of SSA's
Administrative Law Judges (ALJs) and to transfer them to
Administrative Appeals Judges and Attorney Examiners within
SSA's Appeals Council. This change would impact tens of
thousands of cases and must be justified. The hearing discussed
the current ALJ issues at SSA and the broader issues of
independence and agency control of officials who conduct
administrative hearings throughout the federal government.
Witnesses: Theresa L. Gruber, Deputy Commissioner,
Disability Adjudication and Review, U.S. Social Security
Administration; Marilyn D. Zahm, Administrative Law Judge,
Buffalo, New York Office of Disability Adjudication and Review,
U.S. Social Security Administration; Joseph Kennedy, Associate
Director for Human Resources Solutions, U.S. Office of
Personnel Management.
Examining the Use of Agency Regulatory Guidance, Part II. June 30,
2016. (S. Hrg. 114-517)
The purpose of this hearing was to build on the previous
guidance hearing held September 23, 2015 by providing the
perspectives of non-governmental witnesses with expertise in
administrative law, institutional experience in overseeing and
coordinating guidance processes, and familiarity with how
guidance fits in to the larger regulatory apparatus. Topics for
the hearing included discussion of agency use of regulatory
guidance cross-government; how agencies utilize guidance to
interface with the public; current and former Administration
efforts to ensure that this guidance is issued appropriately
and the success of these efforts; and potential legislative
solutions and safeguards.
Witnesses: Clyde Wayne Crews, Vice President for Policy,
Competitive Enterprise Institute; Paul Noe, Vice President,
Public Policy, American Forest and Paper Association & American
Wood Council; Amit Narang, Regulatory Policy Advocate, Public
Citizen.
Reviewing Independent Agency Rulemaking. September 8, 2016. (S. Hrg.
114-477)
The purpose of this hearing was to examine how independent
regulatory agencies could improve their regulatory processes
through quality analysis of the rules they propose, compliance
with applicable statutory requirements, retrospective review
efforts, and potential improvements that could be implemented
to improve the overall independent agency regulatory process.
Witnesses: Robert R. Gasaway, Of Counsel, Kirkland & Ellis,
LLP; Adam White, Fellow, Hoover Institution; Cary Coglianese,
Ph.D., Edward B. Shils Professor of Law and Professor of
Political Science and Director of the Penn Program on
Regulation, University of Pennsylvania Law School.
Continued Review of Agency Regulatory Guidance, Part III. September 22,
2016. (S. Hrg. 114-545 )
The purpose of this hearing was to build on the
Subcommittee's previous guidance hearings held on September 23,
2015 and June 30, 2016. Topics for the hearing included a
discussion on lingering concerns and developments arising from
specific guidance documents; agency initiatives to address U.S.
Government Accountability Office recommendations on internal
controls for good guidance practices; and a discussion of the
role of the Office of Information and Regulatory Affairs (OIRA)
in advising and implementing its cross-government good guidance
practices, including ways in which OIRA could ensure review of
agency determinations of non-significance and non-economic
significance.
Witnesses: Hon. Howard Shelanski, Administrator, Office of
Information and Regulatory Affairs, Office of Management and
Budget; Hon. M. Patricia Smith, Solicitor of Labor, U.S.
Department of Labor; Amy McIntosh, Principal Deputy Assistant
Secretary Delegated the Duties of the Assistant Secretary for
the Office of Planning, Evaluation, and Policy Development,
U.S. Department of Education.
Understanding the Millennial Perspective in Deciding to Pursue and
Remain in Federal Employment. September 29, 2016. (S. Hrg. 114-
548)
The purpose of this hearing was to examine the efforts of
the Office of Personnel Management to address hiring challenges
and also to examine individual agency efforts to address
recruitment and retention challenges, especially in relation to
individuals identified as millennials, who are defined as those
between the ages of 18 and 35.
Witnesses: Mark Reinhold, Associate Director for Employee
Services and Chief Human Capital Officer, U.S. Office of
Personnel Management; Angela Bailey, Chief Human Capital
Officer, U.S. Department of Homeland Security; Lauren Leo,
Assistant Administrator, Office of Human Capital Management,
National Aeronautics and Space Administration; Robert
Goldenkoff, Director for Strategic Issues, U.S. Government
Accountability Office.
Examining Two GAO Reports Regarding the Renewable Fuel Standard.
December 1, 2016. (S. Hrg. 114-555)
This hearing served as a forum to examine the Environmental
Protection Agency's management of the Renewable Fuel Standard
and discussed the two Government Accountability Office reports
from November 28, 2016 on the program.
Witnesses: Frank Rusco, Director, National Resources and
Environment, U.S. Government Accountability Office; Janet
McCabe, Acting Assistant Administrator, Office of Air and
Radiation, U.S. Environmental Protection Agency.
III. LEGISLATION
Since the Subcommittee on Regulatory Affairs and Federal
Management's hearings play an important role in bringing issues
to the attention of Congress and the public, its work
frequently contributes to the development of legislative
initiatives. During the 114th Congress, Chairman Lankford
introduced the following legislative proposals in his capacity
as a Senator:
S. 1817--The Smarter Regulations Through Advance Planning
and Review Act (Smarter Regs Act)--Requires agencies
promulgating new major regulations to plan for retrospective
review to ensure the regulation met its objectives and did not
incur unanticipated significant costs. Senator Heitkamp
introduced this bill and Senator Lankford served as an original
co-sponsor.
S. 1818--The Principled Rulemaking Act--Requires a federal
agency to promulgate only a rule that is required by law,
necessary to interpret a law, or made necessary by compelling
public need. Codifies the non-partisan requirements in
Executive Orders 12866 and 13563 and extends those requirements
to independent agencies.
S. 1820--The Early Participation in Regulations Act--
Requires agencies to publish an advance notice of proposed
rulemaking for major rules.
IV. GAO Reports
The following reports were issued by the Government
Accountability Office at the request of the Chairman/Ranking
Member of the Subcommittee on Regulatory Affairs and Federal
Management during the 114th Congress:
On July 16, 2015, Senator Lankford sent a letter to the
Government Accountability Office requesting an audit of the
Fish and Wildlife Service's American Burying Beetle
Conservation Fund in Oklahoma and a report on similar
conservation funds and banks nationwide.
On December 18, 2015, Senator Lankford signed on to a
request to the Government Accountability Office's ongoing work
on improving federal hiring initiatives originally requested by
Ranking Member Cummings and Representative Lynch of the House
Committee on Oversight and Government Reform.
On November 13, 2015, Senator Lankford sent a letter to the
Government Accountability Office to request a review of agency
processes for addressing and removing employees for misconduct.
On December 11, 2015, Senators Lankford and Heitkamp sent a
letter to the Government Accountability Office requesting a
review of the challenges agencies encounter when hiring and
retaining ``millennial'' employees.
On April 6, 2015, Senator Lankford requested a Government
Accountability Office review of the Environmental Protection
Agency's Renewable Fuel Standard.
On October 28, 2015, Senator Lankford signed on to a
request to the Government Accountability Office's ongoing work
on the Internal Revenue Service's rulemaking process originally
requested by the House Committee on Oversight and Government
Reform.
On January 20, 2016, Senator Lankford sent a letter to the
Government Accountability Office requesting a review of agency
regulatory compliance assistance and enforcement.
On January 20, 2016, Senator Lankford sent a letter to the
Government Accountability Office requesting a review of agency
Paperwork Reduction Act burden efforts.
On January 15, 2016, Senator Lankford sent a letter to the
Government Accountability Office requesting a review of agency
conflict mitigation and prevention efforts.
On July 12, 2016, Senators Lankford, Carper, Leahy, and
Grassley sent a letter to the Government Accountability Office
requesting a review of federal judiciary adherence to the
Ethics in Government Act.
SUBCOMMITTEE ON FEDERAL SPENDING OVERSIGHT AND EMERGENCY MANAGEMENT
Chairman: Rand Paul (R-KY)
Ranking Member: Tammy Baldwin (D-WI)
I. AUTHORITY
The Subcommittee on Federal Spending Oversight and
Emergency Management focuses on the effectiveness and
efficiency of federal financial management; agency policies to
promote program integrity and the prevention of waste, fraud,
and abuse; policies and procedures related to federal
contracting and procurement, including Federal Acquisition
Regulation; and the acquisition functions of the General
Services Administration and the Office of the Federal
Procurement Policy. The Subcommittee also examines the Federal
Emergency Management Agency (FEMA) and the federal government's
efforts to prepare for, respond to, and recover from natural
and man-made disasters, including state and local grant
programs; activities under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; and activities related to
the National Capital Region; the relationship between the
Department of Homeland Security (DHS) and states and
localities, including in preparing for, responding to, and
recovering from natural and man-made disasters; and activities
relating to the Office of the Private Sector and the
integration of the private sector into the nation's emergency
preparedness, resilience, and response matters.
II. ACTIVITY
During the 114th Congress, the Subcommittee on Federal
Spending Oversight and Emergency Management held 3 hearings;
released 70 waste reports examining fedeal spending practices
and highlighting nearly $3 billion in wasted taxpayer money;
and introduced three related pieces of legislation.
A. Hearings
Wasteful Spending in the Federal Government: An Outside Perspective.
June 10, 2015. (S. Hrg. 114-59)
The purpose of the hearing was to provide consideration for
the ideas and proposals from representatives of the major
outside groups investigating inefficient, unnecessary, and
wasteful federal spending in the federal government,
particularly in the areas of discretionary spending. Particular
emphasis was placed on recommendations for consensus proposals
that could gain traction in Congress.
Witnesses: Romina Boccia, Grover M. Herman Research Fellow
in Federal Budgetary Affairs and Research Manager with The
Heritage Foundation; Chris Edwards, Director of Tax Policy
Studies and Editor of www.DownsizingGovernment.org with The
Cato Institute; Steve Ellis, Vice President, Taxpayers for
Common Sense; Thomas A Schatz, President, Citizens Against
Government Waste; Donald F. Kettl, Ph.D., Professor, School of
Public Policy, University of Maryland.
Prudent Planning or Wasteful Binge? A Look at End of the Year Spending.
September 30, 2015. (S. Hrg. 114-127)
The purpose of the hearing was to examine the dynamics of
end-of-year spending, often referred to as ``use it or lose
it.'' This practice of rushing to obligate all remaining funds
in an agency budget before those funds expire at the end of the
year is known and practiced in virtually every government
agency. The hearing explored this sometimes wasteful practice
at the federal level; to what magnitude it exists; and examined
possible solutions.
Witnesses: Jason J. Fichtner, Ph.D., Senior Research
Fellow, The Mercatus Center at George Mason University; Dean W.
Sinclair, Changing the Culture of Washington; Philip G. Joyce,
Ph.D., Professor of Public Policy and Senior Associate Dean,
University of Maryland School of Public Policy.
FEMA: Assessing Progress, Performance, and Preparedness. April 12,
2016. (S. Hrg. 114-355)
The purpose of the hearing was to examine FEMA's overall
efforts to assist states in preparing for terrorism and natural
disasters, to evaluate its management and coordination of
grants, training, and exercises, and to better understand the
metrics used by the agency to measure overall progress toward
the National Preparedness Goal. The hearing also examined
recommendations identified by the Government Accountability
Office and the DHS Office of Inspector General over the past
several years.
Witnesses: Hon. Timothy W. Manning, Deputy Administrator
for Protection and National Preparedness, Federal Emergency
Management Agency, U.S. Department of Homeland Security; Hon.
John Roth, Inspector General, U.S. Department of Homeland
Security; Christopher Currie, Director of Emergency Management,
National Preparedness, and Critical Infrastructure Protection,
Homeland Security and Justice Team, U.S. Government
Accountability Office; John Drake, Deputy Administrator,
Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation.
B. Reports
In his capacity of Chairman of the Subcommittee on Federal
Spending Oversight and Emergency Management, Senator Paul
released 70 individual reports detailing various wasteful
programs, grants, and practices that have cost taxpayers
billions.
1. May 5, 2015--U.S. Coast Guard medical vacations;
2. May 11, 2015--Department of Energy treadmills;
3. May 18, 2015--Department of Education email instruction
class for employees;
4. June 1, 2015--Department of Veterans Affairs unnecessary
solar panels;
5. June 8, 2015--Department of State creates a professional
cricket league;
6. June 16, 2015--National Science Foundation college
courses in winemaking;
7. June 22, 2015--National Science Foundation metric system
study;
8. June 29, 2015--Department of Agriculture loses money on
prairie potholes;
9. July 6, 2015--National Endowment for the Arts grant to a
Hollywood museum;
10. July 14, 2015--National Science Foundation study of
feelings;
11. July 20, 2015--Environmental Protection Agency loses on
small-town sewer project;
12. July 27, 2015--Department of Housing and Urban
Development lets millionaire live in subsidized public housing;
13. August 3, 2015--Department of Education school lunch
money goes to lawn sprinklers;
14. August 10, 2015--Department of State sends foreign
children to Space Camp;
15. August 17, 2015--Federal Emergency Management Agency
fails to stop double-dipping of disaster assistance;
16. August 24, 2015--Department of State sends a jazz band
to perform in Turkey;
17. August 31, 2015--National Oceanic and Atmospheric
Administration premium satellite TV subscriptions;
18. September 8, 2015--National Science Foundation study of
athletes ``in the zone;''
19. September 14, 2015--Government-wide yoga benefits for
federal employees;
20. September 22, 2015--Department of Defense studies
whether to sterilize wild burros;
21. September 28, 2015--National Park Service flower show;
22. October 5, 2015--National Aeronautics and Space
Administration tests golf clubs in space;
23. October 19, 2015--National Institutes of Health study
the role of friendship on college freshmen weight gain;
24. October 26, 2015--Department of State community college
exchanges;
25. November 2, 2015--Agency for International Development
promotion of Albanian tourism;
26. November 9, 2015--Medicare overpays for sleep studies;
27. November 12, 2015--Department of Defense builds a
natural gas filling station in Afghanistan;
28. November 16, 2015--National Institutes of Health
conference on balding;
29. November 23, 2015--Department of Agriculture gives
specialized crop subsidies to crops that are not particularly
specialized;
30. November 30, 2015--National Science Foundation climate
change video game;
31. December 7, 2015--Agency for International Development
cuts foreign regulations;
32. December 14, 2015--Forest Service builds a laundromat
adjacent to another laundromat;
33. December 21, 2015--Department of Agriculture funds TV
ads for Christmas trees;
34. January 4, 2016--Inter-American Foundation supports the
businesses of recently deported immigrants;
35. January 11, 2016--National Science Foundation examines
whether people fear success;
36. January 19, 2016--Agency for International Development
promotes Moldovan wine;
37. January 25, 2016--Department of Defense builds a scale
model of a Cold War-era air base;
38. January 28, 2016--Department of Defense cannot account
for heavy equipment in Afghanistan;
39. February 1, 2016--Multiple government studies to
examine e-mail response habits;
40. February 8, 2016--National Science Foundation study on
romantic chemistry;
41. February 16, 2016--National Science Foundation study on
Ugandan gambling habits;
42. February 22, 2016--Department of Justice long-term
spending on temporary expenses;
43. February 29, 2016--Department of Transportation
assistance to the dormant DC streetcar;
44. March 7, 2016--U.S. taxpayer costs to pay interest on
the national debt;
45. March 14, 2016--Department of State program to improve
understanding between the United States and the United Kingdom;
46. March 28, 2016--National Park Service documents
experiences with the supernatural;
47. April 11, 2016--Department of Veterans Affairs delays
medical equipment;
48. April 18, 2016--Department of State shows American
movies abroad;
49. April 25, 2016--Government-wide duplicative and
overlapping climate change research;
50. May 2, 2016--Department of State creates a comedic
variety television program in Afghanistan;
51. May 9, 2016--National Science Foundation studies why
more men than women contribute to Wikipedia;
52. May 16, 2016--East-West Center
53. May 31, 2016--Environmental Protection Agency buys out
employees but doesn't eliminate their positions;
54. June 6, 2016--Agency for International Development
provides climate support to the Philippines;
55. June 13, 2016--National Science Foundation studies how
future grant applicants will pursue funding;
56. June 20, 2016--National Institutes of Health studies
why certain people like spicy foods more than others;
57. June 27, 2016--Federal tax code complexity costs the
economy billions;
58. July 11, 2016--Department of State creates an animated
superhero in Pakistan;
59. July 18, 2016--Department of Defense studies foxes
marooned on an Aleutian island;
60. July 25, 2016--Department of State teaches Estonian
television how to use cameras;
61. August 1, 2016--Department of Defense renovates a
cafeteria then shuts it down;
62. August 8, 2016--Earmark pays for labor at Wolf Trap
Performing Arts Center;
63. August 16, 2016--National Science Foundation
documentary on the Kilogram;
64. August 30, 2016--Small Business Administration fails to
follow disaster loan guidelines;
65. September 20, 2016--Department of Veterans Affairs buys
TV sets that sit in storage;
66. September 26, 2016--Community Development Block Grants
buy properties in Hawaii at above-market prices;
67. October 4, 2016--National Science Foundation reexamines
Neil Armstrong's first words on the moon;
68. October 12, 2016--Environmental Protection Agency loses
out on bulk transit purchases for employees;
69. October 19, 2016--Federal Emergency Management Agency
assistance amidst questionable circumstances in Mississippi;
70. October 25, 2016--National Science Foundation studies
whether selfies make people happier.
III. LEGISLATION
Since the Subcommittee on Federal Spending Oversight and
Emergency Management's hearings play an important role in
bringing issues to the attention of Congress and the public,
its work frequently contributes to the development of
legislative initiatives. During the 114th Congress, Chairman
Paul introduced the following legislative proposals in his
capacity as a Senator:
S. 1378--Bonuses for Cost-Cutters Act-Expands existing
agency Inspector General programs that pursue waste, fraud, and
abuse to also include surplus funds that are not needed to
accomplish an Executive agency's duties and responsibilities.
Under this program, Executive Branch employees could propose
savings and, if confirmed by their agency's Inspector General
and Chief Financial Officer, extra funds may be returned to the
Treasury at the end of the year. Consistent with the existing
Inspector General authority, if such savings are realized, the
employee that made the suggestion would also be eligible for a
performance bonus of one percent of the amount saved, capped at
$10,000. S. 1378 was passed by the Committee on Homeland
Security and Governmental Affairs on May 25, 2016.
S. 2453--Duplication Reduction and Scoring Act of 2016--
Directs the Office of Management and Budget (OMB) to use
existing authority to consolidate and streamline federal
programs identified in the Government Accountability Offices'
(GAO) duplication reports (2011-2015) and to report to Congress
on savings that are achieved by such activity. The Act further
rescinds the greater of $10 billion or the total amount
identified by OMB from the accounts identified. The Act also
amends the Congressional Budget Act to require the
Congressional Budget Office (CBO) to obtain from GAO an
estimate of the extent to which legislation placed on either
the Senate or House Calendars creates new duplication and to
include such information in its cost estimates.
S. 2454--Legislative Performance Review Act of 2016--Limits
all authorizations of appropriations to four years and creates
a new surgical point of order against appropriating for a
program that is unauthorized. S. 2454 provides an
implementation period to allow Congress to reauthorize programs
currently unauthorized or that have been authorized in law for
more than four years. The legislation further provides a
process for authorizing committees to seek a waiver of the four
year limitation. The bill also requires that committee reports
accompanying legislation passed out of committee include a
discussion of why the program being authorized (or
reauthorized) will address a specific need and how existing
programs are inadequate to meet such need. The bill also
creates a process for the orderly winding down of expired
programs.
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
Chairman: Robert Portman
Ranking Minority Member: Claire McCaskill
The following is the Activities Report of the Permanent
Subcommittee on Investigations for the 114th Congress.
I. HISTORICAL BACKGROUND
A. Subcommittee Jurisdiction
The Permanent Subcommittee on Investigations was originally
authorized by Senate Resolution 189 on January 28, 1948. At its
creation in 1948, the Subcommittee was part of the Committee on
Expenditures in the Executive Departments. The Subcommittee's
records and broad investigative jurisdiction over government
operations and national security issues, however, actually
antedate its creation, since it was given custody of the
jurisdiction of the former Special Committee to Investigate the
National Defense Program (the so-called ``War Investigating
Committee'' or ``Truman Committee''), chaired by Senator Harry
S. Truman during the Second World War and charged with exposing
waste, fraud, and abuse in the war effort and war profiteering.
Today, the Subcommittee is part of the Committee on Homeland
Security and Governmental Affairs.\1\
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\1\In 1952, the parent committee's name was changed to the
Committee on Government Operations. It was changed again in early 1977,
to the Committee on Governmental Affairs, and again in 2005, to the
Committee on Homeland Security and Governmental Affairs, its present
title.
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The Subcommittee has had ten chairmen: Senators Homer
Ferguson of Michigan (1948), Clyde R. Hoey of North Carolina
(1949-1952), Joseph R. McCarthy of Wisconsin (1953-1954), John
L. McClellan of Arkansas (1955-1972), Henry M. Jackson of
Washington (1973-1978), Sam Nunn of Georgia (1979-1980 and
1987-1994), William V. Roth of Delaware (1981-1986 and
1995-1996), Susan M. Collins of Maine (1997-2001); Norm Coleman
of Minnesota (2003-2007); and Carl Levin of Michigan
(2001-2002 and 2007-2014); and Robert J. Portman of Ohio (2015-
present).
Until 1957, the Subcommittee's jurisdiction focused
principally on waste, inefficiency, impropriety, and illegality
in government operations. Its jurisdiction then expanded over
time, today encompassing investigations within the broad ambit
of the parent committee's responsibility for matters relating
to the efficiency and economy of operations of all branches of
the government, including matters related to: (a) waste, fraud,
abuse, malfeasance, and unethical practices in government
contracting and operations; (b) organized criminal activities
affecting interstate or international commerce; (c) criminal
activity affecting the national health, welfare, or safety,
including investment fraud, commodity and securities fraud,
computer fraud, and offshore abuses; (d) criminality or
improper practices in labor-management relations; (e) the
effectiveness of present national security methods, staffing
and procedures, and U.S. relationships with international
organizations concerned with national security; (f) energy
shortages, energy pricing, management of government-owned or
controlled energy supplies; and relationships with oil
producing and consuming countries; and (g) the operations and
management of Federal regulatory policies and programs. While
retaining the status of a subcommittee of a standing committee,
the Subcommittee has long exercised its authority on an
independent basis, selecting its own staff, issuing its own
subpoenas, and determining its own investigatory agenda.
The Subcommittee acquired its sweeping jurisdiction in
several successive stages. In 1957--based on information
developed by the Subcommittee--the Senate passed a Resolution
establishing a Select Committee on Improper Activities in the
Labor or Management Field. Chaired by Senator McClellan, who
also chaired the Subcommittee at that time, the Select
Committee was composed of eight Senators--four of whom were
drawn from the Subcommittee on Investigations and four from the
Committee on Labor and Public Welfare. The Select Committee
operated for 3 years, sharing office space, personnel, and
other facilities with the Permanent Subcommittee. Upon its
expiration in early 1960, the Select Committee's jurisdiction
and files were transferred to the Subcommittee on
Investigations, greatly enlarging the latter body's
investigative authority in the labor-management area.
The Subcommittee's jurisdiction expanded further during the
1960s and 1970s. In 1961, for example, it received authority to
make inquiries into matters pertaining to organized crime and,
in 1963, held the famous Valachi hearings examining the inner
workings of the Italian Mafia. In 1967, following a summer of
riots and other civil disturbances, the Senate approved a
Resolution directing the Subcommittee to investigate the causes
of this disorder and to recommend corrective action. In January
1973, the Subcommittee acquired its national security mandate
when it merged with the National Security Subcommittee. With
this merger, the Subcommittee's jurisdiction was broadened to
include inquiries concerning the adequacy of national security
staffing and procedures, relations with international
organizations, technology transfer issues, and related matters.
In 1974, in reaction to the gasoline shortages precipitated by
the Arab-Israeli war of October 1973, the Subcommittee acquired
jurisdiction to investigate the control and management of
energy resources and supplies as well as energy pricing issues.
In 1997, the full Committee on Governmental Affairs was
charged by the Senate to conduct a special examination into
illegal or improper activities in connection with Federal
election campaigns during the 1996 election cycle. The
Permanent Subcommittee provided substantial resources and
assistance to this investigation, contributing to a greater
public understanding of what happened, to subsequent criminal
and civil legal actions taken against wrongdoers, and to
enactment of campaign finance reforms in 2001.
In 1998, the Subcommittee marked the fiftieth anniversary
of the Truman Committee's conversion into a permanent
subcommittee of the U.S. Senate.\2\ Since then, the
Subcommittee has developed particular expertise in complex
financial matters, examining the collapse of Enron Corporation
in 2001, the key causes of the 2008 financial crisis,
structured finance abuses, financial fraud, unfair credit
practices, money laundering, commodity speculation, and a wide
range of offshore and tax haven abuses. It has also focused on
issues involving health care fraud, foreign corruption, and
waste, fraud and abuse in government programs. In the half-
century of its existence, the Subcommittee's many successful
investigations have made clear to the Senate the importance of
retaining a standing investigatory body devoted to keeping
government not only efficient and effective, but also honest
and accountable.
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\2\This anniversary also marked the first date upon which internal
Subcommittee records generally began to become available to the public.
Unlike most standing committees of the Senate whose previously
unpublished records open after a period of 20 years has elapsed, the
Permanent Subcommittee on Investigations, as an investigatory body, may
close its records for 50 years to protect personal privacy and the
integrity of the investigatory process. With this 50th anniversary, the
Subcommittee's earliest records, housed in the Center for Legislative
Archives at the National Archives and Records Administration, began to
open seriatim. The records of the predecessor committee--the Truman
Committee--were opened by Senator Nunn in 1980.
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B. Subcommittee Investigations
Armed with its broad jurisdictional mandate, the
Subcommittee has conducted investigations into a wide variety
of topics of public concern, ranging from financial misconduct,
to commodities speculation, predatory lending, and tax evasion.
Over the years, the Subcommittee has also conducted
investigations into criminal wrongdoing, including money
laundering, the narcotics trade, child pornography, labor
racketeering, and organized crime activities. In addition, the
Subcommittee has investigated a wide range of allegations of
waste, fraud, and abuse in government programs and consumer
protection issues, addressing problems ranging from unfair
credit card practices to health care fraud. In the 114th
Congress, the Subcommittee held six hearings and issued eight
reports on a wide range of issues, including the impact of the
U.S. corporate tax code on cross-border mergers acquisitions,
online sex trafficking, the federal government's efforts to
protect unaccompanied migrant children from human trafficking,
consumer protection in the cable and satellite television
industry, terrorist networks' use of the Internet and social
media to radicalize and recruit, the U.S. State Department's
oversight of a grantee involved in political activities in
Israel; and anti-abuse efforts of Medicare and private health
insurance systems to combat the opioid epidemic.
(1) Historical Highlights
The Subcommittee's investigatory record as a permanent
Senate body began under the Chairmanship of Republican Senator
Homer Ferguson and his Chief Counsel (and future Attorney
General and Secretary of State) William P. Rogers, as the
Subcommittee inherited the Truman Committee's role in
investigating fraud and waste in U.S. Government operations.
This investigative work became particularly colorful under the
chairmanship of Senator Clyde Hoey, a North Carolina Democrat
who took the chair from Senator Ferguson after the 1948
elections. The last U.S. Senator to wear a long frock coat and
wing-tipped collar, Mr. Hoey was a distinguished southern
gentleman of the old school. Under his leadership, the
Subcommittee won national attention for its investigation of
the so-called ``five percenters,'' notorious Washington
lobbyists who charged their clients five percent of the profits
from any Federal contracts they obtained on the client's
behalf. Given the Subcommittee's jurisdictional inheritance
from the Truman Committee, it is perhaps ironic that the ``five
percenters'' investigation raised allegations of bribery and
influence-peddling that reached right into the White House and
implicated members of President Truman's staff. In any event,
the fledgling Subcommittee was off to a rapid start.
What began as colorful soon became contentious. When
Republicans returned to the Majority in the Senate in 1953,
Wisconsin's junior Senator, Joseph R. McCarthy, became the
Subcommittee's Chairman. Two years earlier, as Ranking Minority
Member, Senator McCarthy had arranged for another Republican
Senator, Margaret Chase Smith of Maine, to be removed from the
Subcommittee. Senator Smith's offense, in Senator McCarthy's
eyes, was her issuance of a ``Declaration of Conscience''
repudiating those who made unfounded charges and used character
assassination against their political opponents. Although
Senator Smith had carefully declined to name any specific
offender, her remarks were universally recognized as criticism
of Senator McCarthy's accusations that communists had
infiltrated the State Department and other government agencies.
Senator McCarthy retaliated by engineering Senator Smith's
removal, replacing her with the newly-elected Senator from
California, Richard Nixon.
Upon becoming Subcommittee Chairman, Senator McCarthy
staged a series of highly publicized anti-communist
investigations, culminating in an inquiry into communism within
the U.S. Army, which became known as the Army-McCarthy
hearings. During the latter portion of those hearings, in which
the parent Committee examined the Wisconsin Senator's attacks
on the Army, Senator McCarthy recused himself, leaving South
Dakota Senator Karl Mundt to serve as Acting Chairman of the
Subcommittee. Gavel-to-gavel television coverage of the
hearings helped turn the tide against Senator McCarthy by
raising public concern about his treatment of witnesses and
cavalier use of evidence. In December 1954, the Senate censured
Senator McCarthy for unbecoming conduct. In the following year,
the Subcommittee adopted new rules of procedure that better
protected the rights of witnesses. The Subcommittee also
strengthened the rules ensuring the right of both parties on
the Subcommittee to appoint staff, initiate and approve
investigations, and review all information in the
Subcommittee's possession.
In 1955, Senator John McClellan of Arkansas began 18 years
of service as Chairman of the Permanent Subcommittee on
Investigations. Senator McClellan appointed a young Robert F.
Kennedy as the Subcommittee's Chief Counsel. That same year,
Members of the Subcommittee were joined by Members of the
Senate Labor and Public Welfare Committee on a special
committee to investigate labor racketeering. Chaired by Senator
McClellan and staffed by Robert Kennedy and other Subcommittee
staff members, this special committee directed much of its
attention to criminal influence over the Teamsters Union, most
famously calling Teamsters' leaders Dave Beck and Jimmy Hoffa
to testify. The televised hearings of the special committee
also introduced Senators Barry Goldwater and John F. Kennedy to
the nation, as well as leading to passage of the Landrum-
Griffin Labor Act.
After the special committee completed its work, the
Permanent Subcommittee on Investigations continued to
investigate organized crime. In 1962, the Subcommittee held
hearings during which
Joseph Valachi outlined the activities of La Cosa Nostra, or
the Mafia. Former Subcommittee staffer Robert Kennedy--who had
by then become Attorney General in his brother's
Administration--used this information to prosecute prominent
mob leaders and their accomplices. The Subcommittee's
investigations also led to passage of major legislation against
organized crime, most notably the Racketeer Influenced and
Corrupt Organizations (RICO) provisions of the Crime Control
Act of 1970. Under Chairman McClellan, the Subcommittee also
investigated fraud in the purchase of military uniforms,
corruption in the Department of Agriculture's grain storage
program, securities fraud, and civil disorders and acts of
terrorism. In addition, from 1962 to 1970, the Subcommittee
conducted an extensive probe of political interference in the
awarding of government contracts for the Pentagon's ill-fated
TFX (``tactical fighter, experimental'') aircraft. In 1968, the
Subcommittee also examined charges of corruption in U.S.
servicemen's clubs in Vietnam and elsewhere around the world.
In 1973, Senator Henry ``Scoop'' Jackson, a Democrat from
Washington, replaced Senator McClellan as the Subcommittee's
Chairman. During his tenure, recalled Chief Clerk Ruth Young
Watt--who served in this position from the Subcommittee's
founding until her retirement in 1979--Ranking Minority Member
Charles Percy, an Illinois Republican, became more active on
the Subcommittee than Chairman Jackson, who was often
distracted by his Chairmanship of the Interior Committee and
his active role on the Armed Services Committee.\3\ Senator
Percy also worked closely with Georgia Democrat Sam Nunn, a
Subcommittee member who subsequently succeeded Senator Jackson
as Subcommittee Chairman in 1979. As Chairman, Senator Nunn
continued the Subcommittee's investigations into the role of
organized crime in labor-management relations and also
investigated pension fraud.
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\3\It had not been uncommon in the Subcommittee's history for the
Chairman and Ranking Minority Member to work together closely despite
partisan differences, but Senator Percy was unusually active while in
the Minority--a role that included his chairing an investigation of the
hearing aid industry.
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Regular reversals of political fortunes in the Senate
during the 1980s and 1990s saw Senator Nunn trade the
chairmanship three times with Delaware Republican William Roth.
Senator Nunn served from 1979 to 1980 and again from 1987 to
1995, while Senator Roth served from 1981 to 1986, and again
from 1995 to 1996. These 15 years saw a strengthening of the
Subcommittee's bipartisan tradition in which investigations
were initiated by either the Majority or Minority and fully
supported by the entire Subcommittee. For his part, Senator
Roth led a wide range of investigations into commodity
investment fraud, offshore banking schemes, money laundering,
and child pornography. Senator Nunn led inquiries into Federal
drug policy, the global spread of chemical and biological
weapons, abuses in Federal student aid programs, computer
security, airline safety, and health care fraud. Senator Nunn
also appointed the Subcommittee's first female counsel,
Eleanore Hill, who served as Chief Counsel to the Minority from
1982 to 1986 and then as Chief Counsel from 1987 to 1995.
Strong bipartisan traditions continued in the 105th
Congress when, in January 1997, Republican Senator Susan
Collins of Maine became the first woman to chair the Permanent
Subcommittee on Investigations. Senator John Glenn of Ohio
became the Ranking Minority Member, while also serving as
Ranking Minority Member of the full Committee. Two years later,
in the 106th Congress, after Senator Glenn's retirement,
Michigan Democrat Carl Levin succeeded him as the
Subcommittee's Ranking Minority Member. During Senator Collins'
chairmanship, the Subcommittee conducted investigations into
issues affecting Americans in their day-to-day lives, including
mortgage fraud, deceptive mailings and sweepstakes promotions,
phony credentials obtained through the Internet, day trading of
securities, and securities fraud on the Internet. Senator Levin
initiated an investigation into money laundering. At his
request, in 1999, the Subcommittee held hearings on money
laundering issues affecting private banking services provided
to wealthy individuals, and, in 2001, on how major U.S. banks
providing correspondent accounts to offshore banks were being
used to advance money laundering and other criminal schemes.
During the 107th Congress, both Senator Collins and Senator
Levin chaired the Subcommittee. Senator Collins was chairman
until June 2001, when the Senate Majority party changed hands;
at that point, Senator Levin assumed the chairmanship and
Senator Collins, in turn, became the Ranking Minority Member.
In her first six months chairing the Subcommittee at the start
of the 107th Congress, Senator Collins held hearings examining
issues related to cross border fraud, the improper operation of
tissue banks, and Federal programs designed to fight diabetes.
When Senator Levin assumed the chairmanship, as his first major
effort, the Subcommittee initiated an 18-month bipartisan
investigation into the Enron Corporation, which had collapsed
into bankruptcy. As part of that investigation, the
Subcommittee reviewed over 2 million pages of documents,
conducted more than 100 interviews, held four hearings, and
issued three bipartisan reports focusing on the role played by
Enron's Board of Directors, Enron's use of tax shelters and
structured financial instruments, and how major U.S. financial
institutions contributed to Enron's accounting deceptions,
corporate abuses, and ultimate collapse. The Subcommittee's
investigative work contributed to passage of the Sarbanes-Oxley
Act which enacted accounting and corporate reforms in July
2002. In addition, Senator Levin continued the money laundering
investigation initiated while he was the Ranking Minority
Member, and the Subcommittee's work contributed to enactment of
major reforms strengthening U.S. anti-money laundering laws in
the 2001 Patriot Act. Also during the 107th Congress, the
Subcommittee opened new investigations into offshore tax
abuses, border security, and abusive practices related to the
pricing of gasoline and other fuels.
In January 2003, at the start of the 108th Congress, after
the Senate Majority party again changed hands, Senator Collins
was elevated to Chairman of the full Committee on Governmental
Affairs, and Republican Senator Norm Coleman of Minnesota
became Chairman of the Subcommittee. Over the next two years,
Senator Coleman held hearings on topics of national and global
concern including illegal file sharing on peer-to-peer
networks, abusive practices in the credit counseling industry,
the dangers of purchasing pharmaceuticals over the Internet,
SARS preparedness, border security, and how Saddam Hussein
abused the United Nations Oil for Food Program. At the request
of Senator Levin, then Ranking Minority Member, the
Subcommittee also examined how some U.S. accounting firms,
banks, investment firms, and tax lawyers were designing,
promoting, and implementing abusive tax shelters across the
country; and how some U.S. financial institutions were failing
to comply with anti-money laundering controls mandated by the
Patriot Act, using as a case history Riggs Bank accounts
involving Augusto Pinochet, the former President of Chile, and
Equatorial Guinea, an oil-rich country in Africa.
During the 109th Congress, Senator Coleman held additional
hearings on abuses associated with the United Nation's Oil for
Food Program, and initiated a series of hearings on Federal
contractors who were paid with taxpayer dollars but failed to
meet their own tax obligations, resulting in billions of
dollars in unpaid taxes. He also held hearings on border
security issues, securing the global supply chain, Federal
travel abuses, abusive tax refund loans, and unfair energy
pricing. At Senator Levin's request, the Subcommittee held
hearings on offshore tax abuses responsible for $100 billion in
unpaid taxes each year, and on U.S. vulnerabilities caused by
states forming 2 million companies each year with hidden
owners.
During the 110th Congress, in January 2007, after the
Senate majority shifted, Senator Levin once again became
Subcommittee Chairman, while Senator Coleman became the Ranking
Minority Member. Senator Levin chaired the Subcommittee for the
next seven years. He focused the Subcommittee on investigations
into complex financial and tax matters, including unfair credit
card practices, executive stock option abuses, excessive
speculation in the natural gas and crude oil markets, and
offshore tax abuses involving tax haven banks and non-U.S.
persons dodging payment of U.S. taxes on U.S. stock dividends.
The Subcommittee's work contributed to enactment of two
landmark bills, the Credit Card Accountability Responsibility
and Disclosure Act (Credit CARD Act) which reformed credit card
practices, and the Foreign Account Tax Compliance Act (FATCA)
which tackled the problem of hidden offshore bank accounts used
by U.S. persons to dodge U.S. taxes. At the request of Senator
Coleman, the Subcommittee also conducted bipartisan
investigations into Medicare and Medicaid health care providers
who cheat on their taxes, fraudulent Medicare claims involving
deceased doctors or inappropriate diagnosis codes, U.S. dirty
bomb vulnerabilities, Federal payroll tax abuses, abusive
practices involving transit benefits, and problems involving
the United Nations Development Program.
(2) More Recent Investigations
During the 111th Congress, Senator Levin continued as
Subcommittee Chairman, while Senator Tom Coburn joined the
Subcommittee as its Ranking Minority Member. Under their
leadership, the Subcommittee dedicated much of its resources to
a bipartisan investigation into key causes of the 2008
financial crisis, looking in particular at the role of high
risk home loans, regulatory failures, inflated credit ratings,
and high-risk, conflicts-ridden financial products designed and
sold by investment banks. The Subcommittee held four hearings
and released thousands of documents. The Subcommittee's work
contributed to passage of another landmark financial reform
bill, the Dodd-Frank Wall Street Reform and Consumer Protection
Act of 2010. In addition, the Subcommittee held hearings on
excessive speculation in the wheat market, tax haven banks that
helped U.S. clients evade U.S. taxes, how to keep foreign
corruption out of the United States, and Social Security
disability fraud.
During the 112th Congress, Senator Levin and Senator Coburn
continued in their respective roles as Chairman and Ranking
Minority Member of the Subcommittee. In a series of bipartisan
investigations, the Subcommittee examined how a global banking
giant, HSBC, exposed the U.S. financial system to an array of
money laundering, drug trafficking, and terrorist financing
risks due to poor anti-money laundering controls; how two U.S.
multinational corporations engaged in offshore tax abuses,
including how Microsoft shifted profits offshore to dodge U.S.
taxes, and Hewlett Packard secretly brought offshore funds back
home without paying taxes by utilizing abusive short term loan
schemes; and how excessive commodity speculation by mutual
funds and others were taking place without Dodd-Frank
safeguards such as position limits being put into effect. At
the request of Senator Coburn, the Subcommittee also conducted
bipartisan investigations into problems with Social Security
disability determinations that, due to poor procedures,
perfunctory hearings, and poor quality decisions, resulted in
over 1 in 5 disability cases containing errors or inadequate
justifications; how DHS state and local intelligence fusion
centers failed to yield significant, useful information to
support Federal counterterrorism efforts; and how certain
Federal contractors that received taxpayer dollars through
stimulus funding nevertheless failed to pay their Federal
taxes.
During the 113th Congress, Senator Levin continued as
Chairman, while Senator John McCain joined the Subcommittee as
its Ranking Minority Member. They continued to strengthen the
Subcommittee's strong bipartisan traditions, conducting all
investigations in a bipartisan manner. During the 113th
Congress, the Subcommittee held eight hearings and released ten
reports on a variety of investigations. The investigations
examined high risk credit derivatives trades at JPMorgan;
hidden offshore accounts opened for U.S. clients by Credit
Suisse in Switzerland; corporate tax avoidance in case studies
involving Apple, Caterpillar, and a structured financial
product known as basket options; online advertising abuses;
conflicts of interest affecting the stock market and high speed
trading; IRS processing of 501(c)(4) applications; defense
acquisition reforms; and bank involvement with physical
commodities. At the end of the 113th Congress, Senator Levin
retired from the Senate.
During the 114th Congress, Senator Rob Portman became
Subcommittee Chairman with Senator Claire McCaskill serving as
Ranking Minority Member. Under the Chairman and Ranking
Member's leadership, the Subcommittee held six hearings and
issued eight reports addressing range of public policy
concerns. Investigations examined the impact of the U.S.
corporate tax code on cross-border mergers acquisitions; online
sex trafficking; the federal government's efforts to protect
unaccompanied migrant children from human trafficking; consumer
protection in the cable and satellite television industry;
terrorist networks' use of the Internet and social media to
radicalize and recruit; the U.S. State Department's oversight
of a grantee involved in political activities in Israel; and
anti-abuse efforts of Medicare and private health insurance
systems to combat the opioid epidemic. The Subcommittee also
initiated the first successful civil contempt proceedings to
enforce a Senate subpoena in twenty years. The Subcommittee's
long-term investigation of online sex trafficking culminated in
a final report and hearing on January 10, 2017, at the start of
the 115th Congress.
II. SUBCOMMITTEE HEARINGS DURING THE 114TH CONGRESS
A. Impact of the U.S. Tax Code on the Market for Corporate Control and
Jobs (July 30, 2015)
The Subcommittee's first hearing and staff report in the
114th Congress examined the impact of the U.S. corporate tax
code on foreign acquisitions of U.S. businesses and the ability
of U.S. businesses to expand by acquisition. The hearing
featured two panels of witnesses. The first panel was comprised
of Jim Koch, founder and chairman of Boston Beer Company; David
Pyott, Chairman of the Board and Chief Executive Officer of
Allergan, Inc. from 1998 to 2015; and Walter Gavin of Emerson,
Vice Chairman (October 2009 to February 2013) and Chief
Financial Officer (1993-2010). The second panel of witnesses
included Howard Schiller of Valeant Pharmaceuticals
International, Inc, Chief Financial Officer (December 2011 to
June 2015) and member of the Board of Directors (September 2012
to present); and Joshua Kobza, Chief Financial Officer at
Restaurant Brands International.
B. Human Trafficking Investigation (November 19, 2015)
The Subcommittee's second hearing concerned the
Subcommittee's human trafficking investigation. The
Subcommittee's bipartisan investigation examined how sex
traffickers increasingly use the Internet to advance their
trade and evade detection. The hearing also laid the necessary
foundation for contempt proceedings against Backpage.com's CEO
after the company refused to comply with the Subcommittee's
subpoena. The hearing featured two panels of witnesses. The
first panel was composed of Yiota Souras, Senior Vice President
and General Counsel for the National Center for Missing and
Exploited Children; and Darwin Roberts, Deputy Attorney General
of the Washington State Attorney General's Office. Carl Ferrer,
Chief Executive Officer at Backpage.com, LLC, refused to appear
despite being under subpoena. The Subcommittee initiated a
civil contempt proceeding that remains under litigation.
C. Adequacy of the Department of Health and Human Services' Efforts to
Protect Unaccompanied Children From Human Trafficking (January
28, 2016)
The Subcommittee's third hearing and report examined the
deficiencies in the procedures used by the Department of Health
and Human Services (HHS) Department of Office of Refugee
Resettlement (ORR) to safely place unaccompanied alien children
(UACs) with sponsors in the United States. The hearing featured
two panels of witnesses. The first panel consisted of Mark
Greenberg, Acting Assistant Secretary, Administration for
Children and Families, U.S. Department of Health and Human
Services; and Robert Carey, Director of the Office of Refugee
Resettlement, U.S. Department of Health and Human Services. The
second panel included testimony from Tiffany Nelms, Associate
Director of Children's Services, U.S. Committee for Refugees
and Immigrants; Jennifer Justice, Deputy Director of the Office
of Families and Children, Ohio Department of Job and Family
Services; and Kimberly Haynes, Director for Children's
Services, Lutheran Immigration and Refugee Service.
In response to the investigation, ORR changed a number of
policies related to the safety of UACs. Under the new policy,
certain criminal history and substantiated child welfare
findings will automatically disqualify individuals from serving
as Category 2 and Category 3 sponsors. All non-sponsor adult
household members and adult care givers identified in a sponsor
care plan will undergo a public records check and a sex
offender registry check and ORR no longer requires the
potential sponsor or household member to authorize the release
of information prior to ORR performing either a public records
check or a sex offender registry check. ORR began allowing for
discretionary home studies in cases where a home study is not
otherwise required by the Trafficking Victims Protection Act.
ORR also made procedural changes, including more frequent,
regular meetings with stakeholders.
D. Review of the Affordable Care Act Health Insurance CO-OP Program
(March 10, 2016)
The Subcommittee's fourth hearing of the 114th Congress
examined the Consumer Operated and Oriented Plan (CO-OP) loan
program established by the Patient Protection and Affordable
Care Act and the mismanagement, taxpayer waste, and losses
related to the failed CO-OPs. The hearing featured two panels
of witnesses. The first panel consisted of Andy Slavitt, Acting
Administrator, Centers for Medicare and Medicaid Services; and
Kevin Counihan, Marketplace Chief Executive Office and Deputy
Administrator, Centers for Medicare and Medicaid Services. The
second panel heard testimony from Dr. Scott Harrington, Alan B.
Miller Professor, Chair, Health Care Management Department, The
Wharton School, University of Pennsylvania.
E. Customer Service and Billing Practices in the Cable and Satellite
Television Industry (June 23, 2016)
The Subcommittee's fifth hearing of the 114th Congress
examined the billing and customer service practices in the
cable and satellite television industry. Representatives from
Comcast, Time Warner Cable, Charter Communications, DirecTV,
and Dish testified on matters related to customer service
issues. Combined, these five companies provide programming to
more than 70 percent of pay-TV subscribers and reach more than
half of all American households. The hearing featured a panel
of witnesses including Tom Karinshak, Senior Vice President of
Customer Service, Comcast; John Keib, Former Executive Vice
President and Chief Operating Officer, Residential Services,
Time Warner Cable; Kathleen ``Kip'' Mayo, Executive Vice
President, Customer Operations, Charter Communications; Rasesh
Patel, Senior Vice President, Product Management, AT&T
Entertainment Group (DirecTV); and Kathleen Schneider, Senior
Vice President, Operations, Dish Network.
As a result of this investigation, both Time Warner Cable
and Charter have taken steps to address these issues. Each
month, Time Warner Cable performs an audit comparing its
billing records with service records. Going forward, the
company will provide an automatic one-month credit to anyone
who is identified in the audit as having been overcharged. Time
Warner Cable will not, however, investigate when it began
overcharging customers unless customers bring specific concerns
to the company's attention, nor will it provide a full refund
dating back to when the overcharge began. Similarly, Charter
will provide customers with a one-year credit for any equipment
overcharges. Charter has also implemented systemic controls
that it says will prevent equipment overcharges in the future.
As a result of the investigation's focus on customer
service practices, cable and satellite providers acknowledged
the need to improve their customer service, and provided
information to the Subcommittee regarding their efforts to
identify and address customer pain points and improve the
customer experience. After meeting with the Subcommittee,
Comcast stressed to its retention agents that its policy
allowed them to stop trying to ``save'' the customer if the
customer refused or became upset by a retention agent's request
to ask the customer questions about their decision to
disconnect.
F. ISIS Online: Countering Terrorist Radicalization & Recruitment on
the Internet & Social Media (July 6, 2016)
The sixth Subcommittee hearing of the 114th Congress
examined the threat posed by terrorist propaganda and U.S.
government efforts to counter it, with a particular focus on
the Islamic State of Iraq and Syria's (ISIS) and other
terrorist networks' use of online communications to radicalize
and recruit within the United States. The hearing featured two
panels of witnesses. The first panel consisted of Michael
Steinbach, Executive Assistant Director, National Security
Branch, Federal Bureau of Investigation; George Selim,
Director, Office of Community Partnerships, U.S. Department of
Homeland Security and Director, Interagency Task Force on
Countering Violent Extremism; and Meagen LaGraffe, Chief of
Staff to the Coordinator and Special Envoy, Global Engagement
Center, U.S. Department of State. The second panel heard
testimony from Peter Bergen, Vice President, New America
Foundation; and Alberto Fernandez, Vice President, The Middle
East Media Research Institute.
III. LEGISLATIVE ACTIVITIES DURING THE 114TH CONGRESS
The Permanent Subcommittee on Investigations does not have
legislative authority, but because its investigations play an
important role in bringing issues to the attention of Congress
and the public, the Subcommittee's work contributes to the
development of legislative initiatives. The Subcommittee's
activity during the 114th Congress was no exception, with
Subcommittee hearings and Members playing prominent roles in
several legislative initiatives.
A. Directing the Senate Legal Counsel to bring a civil action to
enforce a subpoena of the Permanent Subcommittee on
Investigations (S. Res. 377)
On March 17, 2016, Senators Rob Portman and Claire
McCaskill introduced Senate Resolution 377 to hold Backpage.com
in civil contempt of Congress. Senators Portman and McCaskill
issued a subpoena to Backpage.com for documents about the
company's business practices, particularly how it screens
advertisements for warning signs of sex trafficking. Because
Backpage refused to comply with that subpoena, Senators Portman
and McCaskill introduced a Senate resolution to hold the
company in civil contempt and force Backpage to turn over
withheld documents. The Resolution passed the Senate
unanimously by a vote of 96-0, marking the first time in more
than twenty years that the Senate has had to enforce a subpoena
in court. More broadly, the Subcommittee is developing a
factual record that may form the basis for legislative reforms
designed to combat online sex trafficking, including potential
reforms of the Communications Decency Act.
B. A bill to enhance whistleblower protection for contractor and
grantee employees (S. 795)
In March 2015, Senator Claire McCaskill introduced S. 795,
a bill that would extend existing whistleblower protections for
federal contractors to all non-intelligence-community federal
government grantees, subgrantees, and subcontractors, and make
permanent these protections. The bill also prohibits
contractors from being reimbursed for legal fees accrued in
their defense against retaliation claims by whistleblowers. The
bill passed with unanimous consent of the Senate on June 23,
2016 before moving to the House of Representatives. On December
5, 2016, the House of Representatives approved S. 795, and on
December 14, 2016, President Obama signed the bill into law.
IV. REPORTS, PRINTS, AND STUDIES
In connection with its investigations, the Subcommittee
often issues lengthy and detailed reports. During the 114th
Congress, the Subcommittee released eight such reports, listed
below.
A. Impact on the U.S. Tax Code on the Market for Corporate Control and
Jobs, July 30, 2015 (Report Prepared by the Majority Staff of
the Permanent Subcommittee on Investigations and released in
conjunction with the Subcommittee's hearing on July 30, 2015)
In July 2015, the majority staff of the Subcommittee
released its first report of the 114th Congress. This 133-page
report examined the effect of the U.S. tax code on the market
for corporate control of American companies.
The report detailed how the United States has the highest
corporate tax rate in the industrialized world, and (alone
among its peers) has retained a worldwide system that taxes
American companies for the privilege of repatriating their
overseas earnings. Meanwhile, most other nations with advanced
economies have adopted competitive tax rates and territorial-
type tax systems. As a result, U.S. firms too often have a
significant incentive to relocate their headquarters overseas.
Corporate inversions may be the most dramatic manifestation of
that incentive, but the far greater part of the story concerns
other more common forms of cross-border mergers and
acquisitions.
Through a detailed review of several important cross-border
transactions, the Subcommittee's investigation found that the
increase in after-tax profits created by escaping the U.S. tax
net can (i) contribute significantly to foreign corporations'
ability to acquire American firms; and (ii) create powerful
incentives for American firms that merge with foreign
corporations to locate their new combined headquarters abroad.
Both phenomena can lead to a significant loss of American jobs,
business headquarters, and tax revenues.
First, the Subcommittee examined three major acquisitions
of U.S. companies by Valeant Pharmaceuticals, a successful,
serial acquirer headquartered in Quebec. Since merging with a
Canadian firm and relocating to Canada, Valeant has achieved a
single-digit cash effective tax rate. Its longtime Chief
Financial Officer said that rate has ``turbocharged'' Valeant's
expansion by acquisition,\1\ making it the sixth largest OECD-
based foreign acquirer of U.S. companies in terms of deal
price, according to third-party data compiled by the Joint
Committee on Taxation. When evaluating an acquisition, Valeant
considers many factors but focuses on two key deal targets: the
projected internal rate of return it can expect, and the
``payback'' period of the acquisition-the time it will take
Valeant to recover its investment. As a guideline, Valeant
generally seeks deals projected to achieve a 20 percent
internal rate of return and a payback period of six years or
less.
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\1\Subcommittee Interview of Howard Schiller, Corporate Dir.,
Valeant Pharm. Inc. (July 24, 2015). Schiller elaborated: ``I think the
clear answer is that what really distinguishes Valeant is its ability
to create value [through its business model]. . . . But its tax rate
has augmented its growth. There is no question that we would not be in
the same place we are in today if we had a higher tax rate. We have
been able to plow that [after-tax profit] back in at very high rate of
return.''
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To understand the role of tax considerations in Valeant's
deals, PSI reviewed Valeant's recent multibillion-dollar
acquisitions of three U.S. companies: Medicis, Bausch & Lomb,
and Salix. Valeant's primary valuation of target companies was
based on an assumed U.S. tax rate of 36 percent-close to the
U.S. target companies' actual or projected rates. In each
transaction the Subcommittee reviewed, however, Valeant
performed a pre-acquisition tax analysis to determine the lower
tax rate that could be achieved by integrating its U.S. target
into Valeant's corporate group headquartered in Canada.
Applying that new, lower tax rate to the U.S. company's future
cash flow, Valeant evaluated the deal along the two key
guidelines mentioned above-whether it could meet (or
approximate) its targeted 20 percent return and six-year
payback period. In each case, Valeant's ability to hit or
approximate those targets depended to a large extent on its
ability to lower the target company's tax rate. In other words,
tax savings helped justify the price that Valeant was able to
pay while hitting its ambitious financial goals. Valeant's
projected post-acquisition tax savings for Bausch & Lomb alone
exceeded $3.6 billion over ten years, and its projected tax
savings for Salix exceeded $560 million over five years. And
although Valeant did not project specific tax savings for
Medicis, we estimate the potential savings at approximately
$680 million over ten years.
It is important to note that none of these acquisitions
were ``tax-motivated'' in the sense that Valeant was aiming to
reduce its own tax liabilities. Instead, they illustrate that
foreign acquirers that hail from more favorable tax
jurisdictions are able to create value simply by restructuring
the affairs of the U.S. target companies to improve their tax
profile. In Valeant's case, those tax savings significantly
enhanced the deal along the key metrics that Valeant uses to
decide whether to undertake an acquisition.
Second, the Subcommittee examined a major transaction that
can be thought of as a ``merger of equals'': Burger King's
$11.4 billion merger with the anadian restaurant business Tim
Hortons. The Subcommittee's review showed that Burger King had
clear business reasons to team up with Tim Hortons. But when
deciding where to locate the headquarters of the combined firm,
tax considerations flatly ruled out the United States from the
outset. Burger King calculated that pulling Tim Hortons into
the worldwide U.S. tax net, rather than relocating to Canada,
would destroy up to $5.5 billion in value over just five years.
Far better, executives concluded, to put the new company in a
country that would allow it to reinvest overseas earnings back
in the United States and Canada without incurring new taxes.
Finally, the Subcommittee conducted a limited review of the
tax and employment consequences of InBev's 2008 acquisition of
Anheuser Busch. Through that deal, InBev was able to integrate
a U.S. company with a pre-acquisition worldwide effective tax
rate of approximately 39 percent into a worldwide corporate
group with an effective tax rate of 19 percent. It is clear
from the record that a significant number of U.S. jobs were
lost following that acquisition. From 2007 to 2015, the number
of U.S.-based employees of AB InBev declined by about 30
percent, while the number of employees based in Leuven, Belgium
and the State of Sao Paulo, Brazil rose by 34 percent. In
particular, the company's U.S. headcount was reduced from
18,345 in 2007 to 12,938 in 2015. That 30 percent reduction is
significantly higher than the 10 percent to 15 percent decrease
that Anheuser-Busch announced before the merger as part of its
restructuring plan.
B. Recommendation to Enforce a Subpoena Issued to the CEO of
Backpage.com LLC, November 19, 2015 (Report Prepared by the
Majority and Minority Staffs of the Permanent Subcommittee on
Investigations and released in conjunction with the
Subcommittee's hearing on November 19, 2015)
Backpage.com and its Chief Executive Officer, Carl Ferrer,
failed to comply with a subpoena issued by the Subcommittee.
This report, released on November 19, 2015, detailed the
Subcommittee's investigation and recommended enforcement of
that subpoena. Backpage.com claims to be a market-leader in
combatting human trafficking online. The company touts its
``moderation'' practices-the process of reviewing
advertisements to screen them for evidence of violations of its
terms of use and possible illegality. To better understand
these procedures, their efficacy, and their costs, the
Subcommittee served a subpoena on Backpage requiring the
production of documents concerning Backpage's moderation and
ad-review procedures, basic financial information, and other
topics. Backpage refused to comply with the subpoena.
Undeterred by Backpage's noncompliance with its process, the
Subcommittee pursued its fact-finding through other means. In
this report, we detailed our preliminary findings. In our view,
they only underscored the importance of the issues the
Subcommittee is probing and the need for enforcement of the
subpoena.
First, the Subcommittee found substantial evidence that
Backpage edits the content of some ads, including by deleting
words and images, before publication. The record indicates that
in some cases, these deletions likely served to remove evidence
of the illegality of the underlying transaction. Specifically,
as part of its moderation process, it appears that Backpage
will delete particular words or images from an advertisement
before posting it to the web, if those words or images violate
its terms of service. The Subcommittee attempted to take the
testimony of two Backpage employees in charge of its moderation
practices, but they refused to testify on the grounds that it
might incriminate them. The Subcommittee, however, obtained
evidence demonstrating that, from 2010 to 2012, when Backpage
outsourced its moderation work to India, it did delete certain
images, words, or phrases from ``adult'' advertisements. The
Subcommittee's subpoena sought information regarding whether
Backpage's current practices have the purpose or effect of
removing images or text that could alert law enforcement to the
nature and extent of the transaction being offered.
Second, the Subcommittee had additional concerns about the
steps Backpage takes to ensure that it can be helpful when
called upon to cooperate with law enforcement investigations of
potential human trafficking. Backpage, for example, does not
retain the metadata associated with images posted to its site,
which would be helpful to law enforcement in identifying
victims of human trafficking. In addition, the record is
unclear about what steps Backpage takes to ``hash'' images-that
is, to assign them a unique identifier. Backpage claims that it
does hash images, but at least one credible report disputes
that.
Third, the Subcommittee attempted to learn more about
Backpage's corporate structure and finances. Earlier in 2015,
Backpage's corporate group was assessed by an independent
appraiser at a fair market value of between $618.4 million and
$625.8 million. More striking, the company's EBITDA margin (a
common measurement of a company's operating profitability) was
a staggering 82.4 percent in 2014. If true, that suggests
Backpage has the resources for additional action against human
trafficking on its website, but perhaps lacks the financial
incentives to reject an increased number of ads, thereby
reducing its revenue from advertisements.
Finally, the Subcommittee learned that, at least in one
case, Backpage customers were able to evade limits placed on
its access to credit card networks by a major financial
institution. That institution attempted to block its card
holders from completing transactions with Backpage.com, out of
concern that the site was potentially facilitating human
trafficking. Despite this block, Backpage modified its merchant
code, allowing cardholders to continue completing transactions.
The Subcommittee's long-term investigation of online sex
trafficking resulted in a major report issued on January 9,
2017, and a Subcommittee hearing held that same day.
C. Protecting Unaccompanied Alien Children from Trafficking and Other
Abuses: The Role of the Office of Refugee Resettlement, January
28, 2016 (Report Prepared by the Majority and Minority Staffs
of the Permanent Subcommittee on Investigations and released in
conjunction with the Subcommittee's hearing on January 28,
2016)
In January 2016, the Subcommittee released a 56-page
bipartisan staff report examining deficiencies in the
procedures used by the Department of Health and Human Services
(HHS) to safely place unaccompanied alien children with
sponsors in the United States.
The report detailed how each year, tens of thousands of
children enter the United States, unaccompanied by their
parents or relatives. If taken into U.S. custody, those
children are designated ``unaccompanied alien children'' or
``UACs.'' Congress has tasked HHS with finding appropriate
homes in which to place UACs temporarily, pending the
resolution of immigration proceedings. The agency within HHS
that performs that function is the Office of Refugee
Resettlement (ORR). Through procedures described in this
report, HHS attempts to place each UAC with a suitable adult
sponsor-someone who can care for them and ensure their
appearance at their immigration hearings. In carrying out this
responsibility, federal law requires HHS to ensure that UACs
are protected from human trafficking and other forms of abuse.
Over a period of four months in 2014, however, HHS
allegedly placed a number of UACs in the hands of a ring of
human traffickers who forced them to work on egg farms in and
around Marion, Ohio, leading to a federal criminal indictment.
According to the indictment, the minor victims were forced to
work six or seven days a week, twelve hours per day. The
traffickers repeatedly threatened the victims and their
families with physical harm, and even death, if they did not
work or surrender their entire paychecks. The indictment
alleges that the defendants ``used a combination of threats,
humiliation, deprivation, financial coercion, debt
manipulation, and monitoring to create a climate of fear and
helplessness that would compel [the victims'] compliance.''
Those tragic events prompted the Subcommittee to launch an
investigation of HHS's process for screening potential UAC
sponsors and other measures to protect UACs from trafficking.
The Subcommittee's initial review of the Marion case files
revealed information that suggests these terrible crimes were
likely preventable. Specifically, the files reveal that, from
June through September 2014, HHS placed a number of UACs with
alleged distant relatives or family friends-including one of
the defendants in the criminal case-without taking sufficient
steps to ensure that the placements would be safe. HHS failed
to run background checks on the adults in the sponsors'
households as well as secondary caregivers; failed to visit any
of the sponsors' homes; and failed to realize that a group of
sponsors was accumulating multiple unrelated children. In
August 2014, HHS permitted a sponsor to block a child-welfare
case worker from visiting with one of the victims, even after
the case worker discovered the child was not living at the
address on file with HHS.
Based on its investigation, the Subcommittee concluded that
HHS's policies and procedures are inadequate to protect the
children in the agency's care. The Subcommittee's investigation
focused on what HHS calls Category 3 sponsors-those who have no
close relation to the child, and therefore resemble foster-care
providers or similar temporary custodial arrangements. Serious
deficiencies found by the Subcommittee include:
HHS's process for verifying the alleged
relationship between a UAC and an individual other than a
parent, guardian, or close family member is unreliable and
vulnerable to abuse. In general, HHS accepts the alleged
relationship between a Category 3 sponsor and a UAC (e.g.,
``neighbor from home country'') if a person claiming to be the
child's family member corroborates it. In a number of cases,
however, parents who consented to the placement of their
children with certain sponsors were also complicit in the
children's smuggling. In the Marion cases, for example, several
victims' family members attested to the asserted relationship,
but there was a reason: The human traffickers held the deeds to
some of the families' homes as collateral for the child's
journey to the United States. The sooner the child was released
from HHS custody, the sooner he or she could begin working to
repay the debt. Other cases revealed that parents have deceived
HHS by claiming that a relationship existed between the sponsor
and the UAC when it did not.
HHS is unable to detect when a sponsor or group
of related sponsors is seeking custody of multiple unrelated
children. The agency could not detect that sponsors in the
Marion cases were collecting multiple, unrelated children-a
warning sign of a potential trafficking ring that warrants, at
a minimum, additional scrutiny.
HHS has failed to conduct adequate background
checks. Throughout the time period examined by the
Subcommittee, HHS did not conduct background checks on all
relevant adults. HHS's longstanding policy was to conduct
background checks only on the sponsor, and not on any other
adult listed as living in the sponsor's home or on the person
designated as the ``backup'' sponsor. And if that check turned
up a criminal history, HHS policy was that no criminal
conviction could disqualify a sponsor, no matter how serious.
Effective January 25, 2016, HHS has strengthened its background
check policies.
HHS does not adequately conduct home studies.
Home studies are universally performed in foster care
placements, but HHS commonly places children with sponsors
without ever meeting that sponsor in person or setting eyes on
the home in which the child will be placed. The agency
performed home studies in less than 4.3 percent of cases from
2013 through 2015. No home studies were conducted in the Marion
cases.
After a child's release to a sponsor, HHS allows
sponsors to refuse post-release services offered to the child-
and even to bar contact between the child and an HHS care
provider attempting to provide those services. That policy
caused HHS to miss a potential opportunity to uncover the crime
perpetrated in the Marion cases when one of the victim's
sponsors refused to permit access to the child.
Many UACs fail to appear at immigration
proceedings. Ensuring the UAC's appearance at immigration
proceedings is a principal task of a UAC's sponsor, and failure
to appear at an immigration hearing can have significant
adverse consequences for an alien child. Based on Department of
Justice data, 40 percent of completed UAC immigration cases
over an eighteen-month period resulted in an in absentia
removal order based on the UAC's failure to appear.
These deficiencies in HHS's policies expose UACs to an
unacceptable risk of trafficking and other forms of abuse at
the hands of their government-approved sponsors. Beyond the
Marion case files, the Subcommittee identified and reviewed
thirteen other cases involving post-placement trafficking of
UACs and fifteen additional cases with serious trafficking
indicators. The Subcommittee was unable to say, however, with
any certainty how many more UACs placed by HHS have been
victims of trafficking or other abuses, in part because HHS
maintains no regularized means of tracking such cases.
D. Failure of the Affordable Care Act Health Insurance CO-OPs, March
10, 2016 (Report Prepared by the Majority Staff of the
Permanent Subcommittee on Investigations and released in
conjunction with the Subcommittee's hearing on March 10, 2016)
In March 2016, the Majority Staff of the Subcommittee
released its fourth report of the 114th Congress. This 63-page
report examined the failures of the twelve Consumer Operated
and Oriented Plan Program (CO-OP Program) created under the
Patient Protection and Affordable Care Act (ACA).
The report detailed that under the CO-OP Program, the
Department of Health and Human Services (HHS) distributed loans
to consumer-governed, nonprofit health insurance issuers. HHS
ultimately received $2.4 billion of taxpayer money to fund 23
CO-OPs that participated in the program. Twelve of those
twenty-three CO-OPs failed at the time of the Subcommittee's
hearing, leaving 740,000 people in fourteen states searching
for new coverage and leaving the taxpayer little hope of
recovering the $1.2 billion in loans HHS disbursed to those
failed insurance businesses.
The Subcommittee completed an investigation of that
failure-and whether HHS exercised good stewardship of public
money when it poured billions of dollars into these insurance
startups. The Subcommittee's investigation revealed that it did
not. HHS was alerted to weaknesses in the failed CO-OPs'
business plans and financial forecasts before it approved their
initial loans; failed to use major accountability and oversight
tools available to it throughout 2014 even though it knew of
the CO-OPs' severe financial distress; continued to disburse
loans to failing CO-OPs despite warning signs; and allowed CO-
OPs to continue to book risk corridor payments as assets
despite credible warnings that those payments would not
materialize. Some of the report's key findings are summarized
below.
First, HHS approved the failed CO-OPs despite receiving
specific warnings from a third-party analyst about weaknesses
in their business plans. Before it approved the now-failed CO-
OPs, HHS retained Deloitte Consulting LLP to evaluate the CO-
OPs' loan applications and business plans. Deloitte's analysis,
reviewed by the Subcommittee, notified HHS of several
significant weaknesses in the CO-OPs' business proposals. Those
weaknesses included:
Defective Enrollment Strategies. Deloitte
identified serious problems in the enrollment strategy of seven
of the twelve failed CO-OPs. Those problems ranged from
inadequate actuarial analysis, to unsupported assumptions about
sustainable premiums, to a lack of demonstrated understanding
of the health demographics of the COOP's target population.
Budgetary and Financial Planning Problems.
Deloitte's reports reveal that the proposed budgets of ten of
the twelve failed CO-OPs were incomplete, and Deloitte thought
that many were unreasonable, not cost-effective, or not aligned
with the CO-OP's own financial projections. Deloitte also
expressed skepticism about the risk-taking and unreasonable
assumptions reflected in some of the CO-OPs' financial
projections. The firm warned that Colorado, Utah, and Louisiana
all relied on unreasonable projections of their own growth. It
cautioned that it could not trace the assumptions underlying
the budgets of the Nevada, Tennessee, and Kentucky CO-OPs to
their actual business plans. And, perhaps tongue-in-cheek, it
observed that Iowa and Nebraska's
CO-OP, CoOpportunity, had a target profit ``much lower than the
industry benchmark'' of 4.8 percent: CoOpportunity's stated
target profit margin was zero.
Management Weaknesses. HHS required the CO-OP
applicants to identify their management teams, including the
qualifications and experience of its leadership. In Deloitte's
reports to HHS, the firm identified some leadership concerns
for all of the twelve failed CO-OPs. Several prospective
CO-OPs had not even identified their senior leadership team,
and others had executives for whom background checks turned up
red flags.
Despite these identified weaknesses, Deloitte gave each CO-
OP a ``passing'' score based on a grading scale set by HHS, and
HHS approved the loans in spite of the warning signs.
Second, even though HHS was aware of serious financial
distress suffered by the CO-OPs in 2014, it failed to take any
corrective action or enhance oversight for more than a year.
The CO-OP loan agreements armed HHS with significant
accountability tools for borrowers who were missing the mark,
but here HHS took a pass. Inexplicably, for over a year, the
agency took no corrective action, nor did it put any CO-OP on
enhanced oversight. Five of the twelve failed CO-OPs were never
subject to corrective action by HHS, and HHS waited until
September 2015 to put five others on corrective action or
enhanced oversight. Two months later, all twelve CO-OPs had
failed.
That failure to take action is difficult to understand.
Throughout 2014 and 2015, HHS regularly received key financial
information from the CO-OPs, including monthly reports on
enrollment and financial data sufficient to calculate net
income, along with audited quarterly financial statements.
Those reports showed that the failed CO-OPs experienced severe
financial losses that quickly exceeded even the worst-case loss
projections they had provided to HHS as part of the business
plans in their loan applications. Cumulatively, by the end of
2014, the failed CO-OPs exceeded their projected worst-case-
scenario losses by at least $263.7 million-four times greater
than the expected amount. The CO-OPs' enrollment numbers were
similarly alarming. According to the 2014 reports they
submitted to HHS, five of the failed CO-OPs dramatically
underperformed enrollment expectations (leading to insufficient
income for premiums), while five others overshot their
enrollment projections (which also causes losses due to
underpriced premiums). HHS was aware of these problems in early
2014, but took no corrective action and continued to disburse
loans to the distressed CO-OPs.
Third, despite serious financial warning signs, HHS did not
withhold any loan disbursements from the now-failed CO-OPs-and
in many cases accelerated planned disbursements. Instead, over
the course of 2014 to 2015, HHS disbursed $848 million in
taxpayer dollars to the failed CO-OPs, even as those entities
lost more than $1.4 billion. For every dollar that HHS sent
them over this period, the failed CO-OPs lost about $1.65.
Fourth, HHS approved additional solvency loans for three of
the failed CO-OPs in danger of being shut down by state
regulators, despite obvious warning signs that those CO-OPs
will not be able to repay the taxpayer. State regulators
require health insurers to maintain a certain amount of capital
reserve-called the ``risk-based capital'' requirement. HHS made
solvency loans available to the CO-OPs at risk of failing to
meet these requirements, and to date has issued additional
solvency loans to six CO-OPs, for a total of $352 million. As
with CO-OPs' initial loan applications, Deloitte completed the
external assessment for these additional solvency loans. But
according to Deloitte, HHS required a truncated analysis of the
applications. For example, Deloitte did not even evaluate the
``the likelihood that each CO-OP would achieve sustainable
operations based on the revised business plan.''
Fifth, HHS looked on as the CO-OPs booked, as assets,
massive uncertain payments from the ACA's risk corridor
program. That program requires profitable insurers to pay into
a government fund to compensate insurers suffering a loss.
Because it is intended to be budget-neutral, however, if there
are not enough payments into the fund, insurers with losses
have no source of risk corridor income. By October 2014, a
research arm of Citibank had publicly warned that HHS would not
collect ``nearly enough'' from profitable insurers to cover
risk corridor payments to the unprofitable. And Deloitte
specifically cautioned HHS that the struggling CO-OPs were
relying heavily on uncertain risk corridor payments to prop up
their financial forecasts. But HHS continued to predict, as
recently as July 2015, that ``risk corridor collections will be
sufficient to pay for all risk corridor payments.'' In reality,
HHS was able to pay only 12.6 cents on the dollar. That
shortfall further destabilized the CO-OPs.
Sixth, the heavy costs of failed CO-OPs will be borne by
taxpayers, doctors, patients, and other insurers. None of the
failed CO-OPs have repaid a single dollar of principal or
interest of the $1.2 billion in federal solvency and start-up
loans they received. The Subcommittee's investigation suggests
no significant share of those loans ever will be repaid based
on the latest balance sheets the Subcommittee obtained. In the
aggregate, the failed CO-OPs' non-loan liabilities exceed $1.13
billion-which is 93 percent greater than their reported assets.
All twelve failed CO-OPs told PSI they had no ``planned
payments'' on any of their CO-OP loans. And when the
Subcommittee asked HHS for its projections or assessment of the
prospects for repayment, the Department could not provide any.
E. Some Cable and Satellite Companies Do Not Refund Customer
Overcharges, June 23, 2016 (Report Prepared by the Majority and
Minority Staffs of the Permanent Subcommittee on Investigations
and released in conjunction with the Subcommittee's hearing on
June 23, 2016)
In June 2016, after a thirteen-month investigation, the
Subcommittee released a bipartisan report addressing how five
multichannel video programming distributors (MVPDs)-Charter
Communications, Comcast, Time Warner Cable, DirecTV, and Dish-
identify and correct overcharges caused by company billing
errors.
The report detailed how each MVPD has millions of
subscribers and generates millions of bills annually. Each
bill, in turn, contains a number of line items (e.g., a base
television package, an HBO subscription, a leasing fee for a
set-top box), resulting in hundreds of millions of line items a
year. Predictably, customer billing records do not always match
customer equipment and service records, meaning that some
customers are billed for items they have not ordered while
others erroneously escape being charged for services or
equipment they use.
The Subcommittee reviewed how the MVPDs investigate and
remedy these billing errors, with particular focus on their
efforts to make overcharged customers whole. The Subcommittee
found that the MVPDs vary greatly with respect to how they
handle billing overcharges.
First, throughout the time period examined by the
Subcommittee, Time Warner Cable and Charter made no effort to
trace equipment overcharges to their origin unless customers
specifically asked them to and did not provide notice or
refunds to customers.
Second, other MVPDs have invested effort and resources to
prevent overcharges and provide refunds or credits to customers
who have overpaid. Comcast and DirecTV provide automatic
refunds or credits to overcharged customers, while Dish's
billing system is designed to prevent these types of
overcharges from occurring in the first place.
Third, based on data provided by Time Warner Cable and
Charter, the Subcommittee estimated how much Time Warner Cable
and Charter have overbilled customers nationwide.
Between January and April 2016, Time Warner Cable
overbilled customers nationwide an estimated $639,948. The
Subcommittee projects that, in 2016, Time Warner Cable will
overbill customers nationwide a total of $1,919,844.
Charter has not yet completed the underlying work
necessary to determine how much it has overbilled customers.
But it has informed the Subcommittee that it overbilled
customers by at least $442,691 per month.
Fourth, the Subcommittee obtained information about the
number of customers overcharged in Ohio and Missouri. Time
Warner Cable estimates that, in 2015, it overbilled 40,193 Ohio
customers a total of $430,393 and 4,232 Missouri customers a
total of $44,152. Time Warner Cable also told the Subcommittee
that, during the first five months of 2016, it overbilled
customers in Ohio for 11,049 pieces of equipment, totaling
$108,221. Charter estimates that it has annually overcharged
approximately 5,897 Missouri customers a total of $494,000 each
year. Charter does not provide service in Ohio.
Fifth, as a result of this investigation, both Time Warner
Cable and Charter have taken steps to address these issues.
Each month, Time Warner Cable performs an audit comparing its
billing records with service records. Going forward, the
company will provide an automatic one-month credit to anyone
who is identified in the audit as having been overcharged. Time
Warner Cable will not, however, investigate when it began
overcharging customers unless customers bring specific concerns
to the company's attention, nor will it provide a full refund
dating back to when the overcharge began. Similarly, Charter
will provide customers with a one-year credit for any equipment
overcharges. Charter has also implemented systemic controls
that it says will prevent equipment overcharges in the future.
F. Inside the Box: Customer Service and Billing Practices in the Cable
and Satellite Industry, June 23, 2016 (Report Prepared by the
Minority Staff of the Permanent Subcommittee on Investigations
and released in conjunction with the Subcommittee's hearing on
June 23, 2016)
In June 2016, the Minority Staff of the Subcommittee
released a 62-page report under the guidance of Ranking Member
McCaskill as part of the investigation of MVPDs and the
corresponding hearing. The report focused on the same five
MVPDs as the joint Subcommittee report-Charter Communications,
Comcast, Time Warner Cable, DirecTV, and Dish. The report
reviewed four of the most frequent areas of complaint related
to billing for new and current subscribers: (1) the initial
pricing, (2) expiring promotions, (3) additional fees and
changes, and (4) price increases. This report also reviewed the
adequacy of the cable and satellite providers' efforts to
explain their billing practices to customers.
Beyond pricing, customer service remained a problem for the
cable and satellite industry. The investigation found that
customers faced difficulties getting their problem resolved by
their cable or satellite provider. In December 2015, for
instance, 40 percent of a sample of customers who called
Comcast with a billing problem were unable to resolve it on the
first call. In addition, when customers called about a problem,
they had to listen to sales tactics. For example, when Time
Warner Cable customers called to ask about price hikes, the
company labeled it as an ``opportunity'' to upsell them, and
advised agents, ``[t]he price adjustment brings with it an
opportunity to upsell customers.''
Finally, when customers decided that they wanted to cancel
their service, they faced difficulties in doing so. Rather than
simply disconnecting the service online, customers must either
visit a retail store or call and speak to a company's
``retention'' agent. As stated in a Time Warner Cable training
document, the goal of the retention agent was to do the
opposite of what the customer is calling for: ``If the customer
is calling into cancel, your goal is to not cancel the
services! And if the customer wants to lower the bill, you're
going to try to avoid that, and perhaps even raise the bill!''
All of the companies in this review trained their retention
agents to follow a similar process, which included: (1) asking
probing questions to determine how customers use their service
and why they want to cancel; (2) proposing ``solutions'' to
address the customers' stated reasons for canceling their
service; and (3) overcoming objections from customers who do
not want to answer questions, or who do not accept the proposed
solution.
Cable and satellite providers trained their retention
agents to continue the probing process after customers have
indicated they do not want to answer questions and simply want
to disconnect their service. For example, Time Warner Cable,
DirecTV, and Dish had their agents practice overcoming
objections from customers like, ``Please disconnect me today. I
don't want to go into detail,'' and ``Just cancel the
service.'' Prolonging the process, retention agents made
repeated offers to keep customers. After meeting with the
Subcommittee, Comcast stressed to its retention agents that its
policy allowed them to stop trying to ``save'' the customer if
the customer refused or became upset by a retention agent's
request to ask the customer questions about their decision to
disconnect.
Customers attempting to save money by downgrading or
dropping a service from their package were often routed to the
same retention agents. Cable and satellite providers trained
their retention agents to minimize downgrades and the
associated loss of revenue by following a step-down process in
which the offers made to the customer progress in a stair step
fashion, with the offer that has the greatest financial impact
on the provider made last.
Throughout the investigation, the Subcommittee conducted
dozens of interviews with company customer service and
retention representatives; local and federal regulators,
including the Federal Trade Commission and the Federal
Communications Commission; consumer advocacy groups; local
regulatory officials from across the country; and the National
Association of Telecommunications Officers and Advisors.
Additionally, the Subcommittee received more than 93,000
documents from the MVPDs as part of the investigation.
As a result of the investigation and report, cable and
satellite providers acknowledged the need to improve their
customer service and provided information to the Subcommittee
regarding their efforts to identify and address customer pain
points and improve the customer experience.
G. Review of the U.S. State Department Grants to OneVoice, July 12,
2016 (Report Prepared by the Majority and Minority Staff of the
Permanent Subcommittee on Investigations and released on July
12, 2016)
In July 2016, the Subcommittee released a report at the
conclusion of an investigation initiated in February 2015
concerning the connection, if any, between the U.S. Department
of State's grant funds to OneVoice and an effort to unseat
Prime Minister Benjamin Netanyahu.
On December 2, 2014, at the urging of Prime Minister
Benjamin Netanyahu, the Israeli Knesset voted to schedule new
national parliamentary elections for March 2015. The report
detailed how within weeks of that announcement, an
international organization known as the OneVoice Movement
absorbed and funded an Israeli group named Victory15 or ``V15''
and launched a multimillion-dollar grassroots campaign in
Israel. The campaign's goal was to elect ``anybody but Bibi
[Netanyahu]'' by mobilizing center-left voters. The Israeli and
Palestinian arms of OneVoice, OneVoice Israel (OVI), and
OneVoice Palestine (OVP), received more than $300,000 in grants
from the U.S. State Department to support peace negotiations
between Israel and Palestine over a fourteen-month grant period
ending in November 2014. The Subcommittee concluded:
OneVoice Israel fully complied with the terms of
its State Department grants. OneVoice designed and executed a
grassroots and media campaign to promote public support for
Israeli-Palestinian peace negotiations for the Department, as
it said it would. Under the grant, OneVoice expanded its social
media presence, built a larger voter database, and hired an
American political consulting firm to train its activists and
executives in grassroots organizing methods in support of the
Israeli-Palestinian peace process.
The Subcommittee found no evidence that OneVoice
spent grant funds to influence the 2015 Israeli elections. Soon
after the grant period ended, however, OneVoice used the
campaign infrastructure and resources built, in part, with
State Department grants funds to support V15. In service of
V15, OneVoice deployed its social media platform, which more
than doubled during the State Department grant period; used its
database of voter contact information, including email
addresses, which OVI expanded during the grant period; and
enlisted its network of trained activists, many of whom were
recruited or trained under the grant, to support and recruit
for V15. This pivot to electoral politics was consistent with a
strategic plan developed by OneVoice leadership and emailed to
State Department officials during the grant period. The State
Department diplomat who received the plan told the Subcommittee
that he never reviewed it.
OneVoice's use of government-funded resources for
political purposes was not prohibited by the grant agreement
because the State Department placed no limitations on the post-
grant use of those resources. Despite OneVoice's previous
political activism in the 2013 Israeli election, the Department
failed to take any steps to guard against the risk that
OneVoice could engage in political activities using State-
funded grassroots campaign infrastructure after the grant
period.
H. Combatting the Opioid Epidemic: A Review of Anti-Abuse Efforts in
Medicare and Private Health Insurance Systems, October 4, 2016
(Report Prepared by the Majority and Minority Staffs of the
Permanent Subcommittee on Investigations and released on
October 4, 2016)
In October 2016, the Subcommittee released a bipartisan
report focused on the significant role that the Centers for
Medicare and Medicaid Services (CMS) and private health
insurers play in detecting, reporting, and addressing opioid
abuse.
The report detailed how the abuse of opioid drugs became a
national health crisis. Sixty percent of the record 47,000 drug
overdose deaths in 2014 were attributable to prescription
opioids or heroin. Approximately 19,000 of those deaths were
due to prescription opioids. Combatting this public health
emergency requires a collaborative effort by treatment centers,
the health care community, and law enforcement. Those
integrated efforts have been the subject of many congressional
hearings.
The Subcommittee focused on the significant role that CMS
and private health insurers play in detecting, reporting, and
addressing opioid abuse. Specifically, the Subcommittee
examined the efforts undertaken by CMS and its main program
integrity contractor, the Medicare Drug Integrity Contractor
(MEDIC), to address opioid related fraud and abuse in Medicare
Part D-the federal prescription drug coverage program serving
nearly thirty-five million senior citizens and seven million
Social Security disability benefit recipients. In addition, the
Subcommittee examined the anti-opioid abuse efforts of six of
the nation's largest health insurance companies-both in their
commercial insurance business and in their role as Medicare
Part D plan sponsors.
CMS took steps to reduce opioid overutilization in Medicare
Part D. In July 2013, CMS adopted an opioid overutilization
policy that encompasses a medication safety approach by which
plan sponsors are ``expected to reduce beneficiary
overutilization of opioids.'' CMS requires that Part D plan
sponsors maintain systems, policies, and procedures to review
the dispensation of opioids in real time and also requires plan
sponsors to develop and maintain retrospective utilization
review programs for their Part D business.
The Subcommittee's findings were as follows:
First, CMS's program integrity efforts suffer from a lack
of clear standards governing when plan sponsors should report
cases of waste, fraud, and abuse, including abuse of opioids.
The agency has provided only generalized instructions to plan
sponsors, calling for reports of ```pattern[s] of fraud or
abuse threatening the life or well-being of beneficiaries'' or
``schemes with large financial risk'' with no definitions of
these terms or specific thresholds. The MEDIC has not
elaborated on these standards by providing further written
guidance to sponsors. Indeed, there are no opioid-specific
MEDIC reporting standards of any kind.
Second, as a result of this lack of guidance, plan sponsors
take an ad hoc, case-by-case approach to MEDIC reporting. Their
reporting rates reflect that. The annual rates of waste, fraud,
and abuse reporting among the insurers reviewed ranged from 1
report for every 2,845 Part D beneficiaries to 1 report for
every 71,000 Part D beneficiaries.
Third, even when an opioid-related abuse case is reported
to the MEDIC, there are no written standards governing when the
MEDIC should open an investigation or refer the case to law-
enforcement authorities. CMS has broadly tasked the MEDIC with
``review[ing] and triag[ing]'' waste, fraud, and abuse
complaints in search of ``compliance violations,'' but the
agency has left the standard for triaging to the MEDIC's
discretion. The MEDIC, in turn, informed the Subcommittee that
its standards for opening an investigation and making criminal
or administrative referrals are all ``unwritten.''
Fourth, the MEDIC investigated only 7 percent of all
``actionable'' waste, fraud, and abuse complaints from plan
sponsors. That rate is also declining. Between 2013 and 2015,
even as the number of complaints from sponsors increased
significantly, the MEDIC's investigations of actionable
complaints fell by 50 percent. More broadly, the MEDIC's total
number of investigations-generated both by plan sponsors'
complaints and by other leads-has been steadily declining since
2008.
Fifth, a multimillion-dollar database created at CMS's
direction to detect opioid abuse schemes across insurers
remains relatively unused by plan sponsors. The Predictive
Learning Analytics Tracking Outcome (PLATO) database was
designed to uncover prescription drug fraud schemes, including
opioid diversion, by enabling data sharing among plan sponsors.
But plan sponsors use PLATO sparingly, if at all, in their
anti-abuse efforts, faulting limitations of the database.
Sixth, insurers' use of lock-ins, an important anti-opioid
abuse intervention, varies widely-suggesting this tool may be
underutilized. Humana made negligible use of the restriction,
as it locked in only eleven patients from 2013 through 2015. By
contrast, Anthem far exceeded other insurers in terms of
patient lock-ins, restricting 20,956 Medicaid beneficiaries
between 2013 and 2015.\2\
---------------------------------------------------------------------------
\2\Although patient lock-in is permissible in certain state-
specific Medicaid programs, the practice was prohibited in Medicare
Part D until the passage of the Comprehensive Addiction and Recovery
Act of 2016, Pub. L. No. 114-298, Section 704(g).
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Seventh, insurers' use of beneficiary-level opioid point-
of-sale edits, another significant anti-opioid intervention,
also varies widely. For example, Kaiser applied only two such
beneficiary-level edits in 2015 and four in 2016 in its
Medicare business. UnitedHealth has applied the largest number
of opioid-specific beneficiary-level point-of-sale edits in its
Medicare business, applying 26 edits in 2013, 76 in 2014, and
175 in 2016.
[all]