[Senate Report 116-17]
[From the U.S. Government Publishing Office]
116th Congress } { Report
SENATE
1st Session } { 116-17
_______________________________________________________________________
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 FIFTEENTH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 25, 2019.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2019
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KRYSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
David M. Weinberg, Minority Staff Director
Laura W. Kilbride, Chief Clerk
------
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS DURING THE
115TH CONGRESS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona\3\ CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana\1\
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
JON KYL, Arizona\4\ DOUG JONES, Alabama\2\
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SUBCOMMITTEES OF THE 115TH CONGRESS
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS (PSI)
ROB PORTMAN, Ohio, Chairman
JOHN McCAIN, Arizona\3\ THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky JON TESTER, Montana\1\
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
STEVE DAINES, Montana GARY C. PETERS, Michigan
JON KYL, Arizona\4\ MAGGIE HASSAN, New Hampshire
------
FEDERAL SPENDING OVERSIGHT AND EMERGENCY MANAGEMENT (FSO)
RAND PAUL, Kentucky, Chairman
JAMES LANKFORD, Oklahoma GARY C. PETERS, Michigan
MICHAEL B. ENZI, Wyoming MAGGIE HASSAN, New Hampshire
JOHN HOEVEN, North Dakota KAMALA D. HARRIS, California
DOUG JONES, Alabama\2\
REGULATORY AFFAIRS AND FEDERAL MANAGEMENT (RAFM)
JAMES LANKFORD, Oklahoma, Chairman
JOHN McCAIN, Arizona\3\ HEIDI HEITKAMP, North Dakota
ROB PORTMAN, Ohio THOMAS R. CARPER, Delaware
MICHAEL B. ENZI, Wyoming MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana KAMALA D. HARRIS, California
JON KYL, Arizona\4\
\1\Senator Jon Tester served on the Committee January 17, 2017 to
January 9, 2018.
\2\Senator Doug Jones joined the Committee January 9, 2018 and was
assigned subcommittees on January 17, 2018.
\3\Senator John McCain died August 25, 2018.
\4\Senator Jon Kyl joined the Committee on September 6, 2018 and was
assigned subcommittees on September 17, 2018.
CONTENTS
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Page
I. Highlights of Activities.........................................1
A. Border and Immigration Security....................... 2
B. Cybersecurity......................................... 5
C. Critical Infrastructure............................... 7
D. Terrorism............................................. 8
E. DHS REFORMS........................................... 10
F. Oversight of Federal Agencies & Government Programs... 11
G. Regulatory Reform..................................... 17
H. Waste, Fraud, and Abuse............................... 19
II. Committee Jurisdiction..........................................20
III. Bills and Resolutions Referred and Considered...................23
IV. Hearings........................................................23
V. Reports, Prints, and GAO Reports................................36
VI. Official Communications.........................................50
VII. Legislative Actions.............................................51
Measures Enacted Into Law................................ 51
Postal Naming Bills...................................... 66
VIII.Activities of the Subcommittees.................................71
Permanent Subcommittee on Investigations (PSI)
I. Historical Background...........................................71
A. Subcommittee Jurisdiction............................. 71
B. Subcommittee Investigations........................... 73
II. Subcommittee Hearings during the 115th Congress.................79
III. Legislation Activities during the 115th Congress................83
IV. Reports, Prints, and Studies....................................84
Federal Spending Oversight and Emergency Management (FSO)
I. Authority......................................................102
II. Activity.......................................................102
III. Legislation....................................................109
Regulatory Affairs and Federal Management (RAFM)
I. Authority......................................................112
II. Activity.......................................................112
III. Legislation....................................................116
IV. GAO Reports....................................................117
116th Congress } { Report
SENATE
1st Session } { 116-17
======================================================================
ACTIVITIES OF THE COMMITTEE ON HOMELAND
SECURITY AND GOVERNMENTAL AFFAIRS
DURING THE 115TH CONGRESS
_______
March 25, 2019--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 115th
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 Ron Johnson was Chairman of the Committee during
the 115th Congress; Senator Claire McCaskill was the Ranking
Member.
Major activities of the Committee during the 115th Congress
included oversight and legislation involving border and
immigration security; cybersecurity; protecting critical
infrastructure; combatting terrorism; reauthorizing and
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.''
Extensive information about the Committee's history,
hearings, legislation, documents, Subcommittees, and other
matters is available at the Website, http://hsgac.senate.gov/.
I. HIGHLIGHTS OF ACTIVITIES
Under the leadership of Chairman Ron Johnson and Ranking
Member Claire McCaskill, the Committee established a mission
statement for the 115th Congress: ``to enhance the economic and
national security of America and promote more efficient,
effective, and accountable government.'' In the last 2 years,
the Committee has shed light on significant national and
economic security challenges facing the Nation and worked
collaboratively on bipartisan legislation. Our Committee
continues to show how much we can accomplish together when we
focus on areas of agreement.
To improve our Nation's national security, the Committee
identified emerging threats facing our Nation and proactively
addressed them, whether to help secure our borders, strengthen
our cybersecurity and protect critical infrastructure, combat
terrorism, or improve the efficiency of the Department of
Homeland Security (DHS, or the Department). The Committee
helped enact legislation to protect Americans from the threats
posed by drones in the hands of malicious actors, shield
Federal networks from foreign adversaries, and improve our
ability to combat human trafficking.
To improve our Nation's economic security, the Committee
has continued its job overseeing the Federal Government to help
it work better for all Americans. The Committee examined
political bias in the Federal bureaucracy, the President's
steel and aluminum tariffs, and how the government can get out
of the way of patients with terminal illnesses who are looking
for new and promising treatments to try. The Committee worked
together to approve bipartisan legislation to protect Federal
whistleblowers from retaliation, improve the regulatory
process, and make the government more efficient. 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 50 hearings and
roundtables to study challenges facing the United States and
identify potential solutions; approved or discharged over 100
pieces of legislation (not including post office naming bills);
shepherded close to 50 of these bills through the Senate and
into law; confirmed 36 of President Trump's nominees; sent more
than 500 oversight letters; and issued 5 majority staff
reports.
A. BORDER AND IMMIGRATION SECURITY
Our nation's borders remain unsecure. Smugglers and
traffickers continue to cross our borders, endangering public
safety. Legal loopholes create an incentive for people to make
the dangerous journey to the United States. These problems,
though widely recognized, persist because Congress as a whole
refuses to act. Nonetheless, the Committee has continued to lay
out the reality of our border security and worked to find areas
of agreement on legislation within its jurisdiction.
Continuing the Committee's emphasis on border security from
the 114th Congress, the Committee convened seven hearings
focused on border security in the 115th Congress. Below are
highlights from some of those hearings.
At The Effects of Border Insecurity and Lax Immigration
Enforcement on American Communities, the Committee heard
directly from Americans affected by lax border security and
immigration enforcement, including from a Missouri woman whose
husband was murdered in his home by an illegal alien who had
returned to the United States after being deported.\1\ Two
local law enforcement officers also testified about how illegal
immigration contributed to crime and drug abuse in their
communities. The hearing highlighted how our porous borders and
ports of entry have allowed fentanyl, heroin, and other serious
drugs to flood into our country killing tens of thousands of
Americans each year, and led to increased drug violence in
Mexico.
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\1\The Effects of Border Insecurity and Lax Immigration Enforcement
on American Communities: Hearing before the S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2017).
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At Perspectives From the DHS Frontline: Evaluating Staffing
Resources and Requirements, Customs and Border Protection (CBP)
and Immigration and Customs Enforcement (ICE) employees on the
front lines told the Committee about their staffing resources
and retention challenges.\2\ Representatives from the ICE Union
and the National Border Patrol Council testified that they have
seen an increase in employee morale in the new administration
because employees were allowed to enforce the Nation's laws.
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\2\Perspectives from the DHS Frontline: Evaluating Staffing
Resources and Requirements: Hearing before the S. Comm. on Homeland
Sec. & Governmental Affairs, 115th Cong. (2017).
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At Improving Border Security and Public Safety, then-DHS
Secretary John Kelly explained the considerable challenges we
face securing the border and committed to use the tools the
President provided in his executive orders to hire more
personnel, build more border security infrastructure, and have
more rigorous interior enforcement.\3\
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\3\Improving Border Security and Public Safety: Hearing Before the
S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong. (2017).
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The Committee also examined the use of fencing along the
southwest border. The Committee held a hearing on fencing,
featuring testimony about DHS's efforts to construct a physical
wall on the border.\4\ Chairman Johnson released a majority
staff report, Securing Israel: Lessons Learned from a Nation
Under Constant Threat of Attack, that assessed Israel's
approach to border security, aviation security, and
cybersecurity.\5\ The report noted how the United States can
learn from Israel's approach to border security, particularly
with Israel's success in constructing a cost-effective fence
along its border with Egypt. Fencing along the U.S. southwest
border cost $3.5 million per mile for 654 miles of pedestrian
and vehicle barriers. Conversely, Israel spent $2.9 million per
mile to construct a 143-mile fence with Egypt. The number of
illegal crossers into Israel from Egypt dropped from 16,000 in
2011 to less than 20 in 2016.
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\4\Fencing Along the Southwest Border: Hearing Before the S. Comm.
on Homeland Sec. & Governmental Affairs, 115th Cong. (2017).
\5\Majority Staff Report, S. Comm. on Homeland Security &
Governmental Affairs, Securing Israel: Lessons Learned from a Nation
under Constant Threat of Attack (FEB. 1, 2017).
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Chairman Johnson received whistleblower documents showing
that in 2014, at the height of the surge of unaccompanied
children (UAC) arriving at the southwest border, the Obama
Administration placed self-identified MS-13 gang members in
placement centers across the country.\6\ Chairman Johnson
requested information about these UACs from the Department of
Health and Human Services (HHS). The information the Committee
received resulted in a hearing to examine the rise of MS-13 and
other transnational gangs in May 2017.\7\ Because of the
Committee's oversight, HHS changed its secure care policy on
June 12, 2017, to ensure HHS considers self-disclosure of gang
involvement as part of the UAC's placement.\8\
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\6\Letter from Ron Johnson, Chairman, S. Comm. on Homeland Security
& Governmental Affairs, to Scott Lloyd, Director, Off. of Refugee
Resettlement, Dep't of Health & Human Servs. (May 23, 2017).
\7\Border Insecurity: The Rise of MS-13 and Other Transnational
Criminal Organizations: Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs 115th Cong. (2017).
\8\Letter from Barbara Pisaro Clark, Acting Assistant Secretary for
Legislation, U.S. Dep't of Health & Human Servs., to Ron Johnson,
Chairman, S. Comm. on Homeland Sec. & Governmental Affairs (June 21,
2017).
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On November 16, 2017, ICE Homeland Security Investigations
announced the results of Operation Raging Bull, which targeted
MS-13 domestically and abroad. A total of 267 MS-13 gang
members were arrested in the operation and of those, 64 had
illegally entered the United States as UACs. The Committee
requested materials from DHS to better understand how MS-13
exploited the UAC crisis to expand its influence in the United
States.\9\ DHS has yet to produce all the requested documents,
and the Committee's work continues.
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\9\Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. &
Governmental Affairs, to Thomas D. Homan, Acting Director, U.S. Imm. &
Customs Enforcement (Feb. 8, 2018
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The Committee also conducted oversight of the Trump
Administration's ``Zero Tolerance'' policy put into effect in
April 2018, and considered ways to address the Ninth Circuit's
reinterpretation of the Flores Settlement Agreement. The
Committee sought regular updates from the administration about
the progress it was making reunifying families separated as a
result of the policy.
At a hearing entitled the Implications of the
Reinterpretation of the Flores Settlement Agreement for Border
Security and Illegal Immigration Incentives, the Committee
considered the dramatic increase of family unit illegal border
crossings since the 2015 court reinterpretation of the Flores
Settlement Agreement and how the ruling entices migrant
families to make the dangerous journey to the United States
because they know they will be released.\10\ The number of
family unit members apprehended at the border since FY2012 has
increased by a staggering 864 percent.\11\
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\10\The Implications of the Reinterpretation of the Flores
Settlement Agreement for Border Security and Illegal Immigration
Incentives: Hearing Before the S. Comm. on Homeland Sec. & Governmental
Affairs, 115th Cong. (2018).
\11\Dep't of Homeland Security Border Metrics Report (May 1, 2018),
available at https://www.dhs.gov/sites/default/files/publications/
BSMR--OIS--2016.pdf; U.S. Border Patrol, Southwest Border Apprehensions
FY2017-2018 (2018).
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The Committee held more than 20 bipartisan staff briefings,
took staff delegation trips to family residential centers and
an immigration court, and continued oversight related to the
reinterpretation of Flores and current immigration challenges.
The Committee also held a business meeting on September 26,
2018, to discuss the FAMILIES Act, a bill introduced by
Chairman Johnson to begin the conversation about what
legislative changes are necessary to address loopholes like
Flores and increase immigration resources.\12\ The Committee's
work on this important issue will continue in the next
Congress.
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\12\S. 3478, FAMILIES Act (115th Cong.).
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In addition to performing oversight and conducting
hearings, the Committee approved or discharged nine bills to
improve security at and between U.S. ports of entry. For
example, one bill approved by the Committee would ensure
greater accountability over major border acquisitions.\13\ Two
other bills approved by the Committee and signed into law
authorize and strengthen the Department's program to combat
human trafficking and extend the Asia-Pacific Economic
Cooperation Business Travel Cards program, making it easier for
American businessmen and women to do business in APEC
countries.\14\ Still another bill approved by the Committee and
passed by the Senate improves pay and retention awards for CBP
employees.\15\
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\13\S. 146, Border Security Technology Accountability Act of 2017
(115th Cong.).
\14\Department of Homeland Security Blue Campaign Authorization Act
of 2017, Pub. L. No. 115-125 (115th Cong.); Asia-Pacific Economic
Cooperation Business Travel Cards Act of 2017, Pub. L. No. 115-179
(115th Cong.)
\15\ S. 1305, U.S. Customs and Border Protection Hiring and
Retention Act of 2017 (115th Cong.).
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B. CYBERSECURITY
Cyberattacks targeting government agencies, private
businesses, and individuals are increasing in frequency and
scope, costing the U.S. economy an estimated $109 billion in
2016.\16\ Agencies under the Committee's jurisdiction have
significant national responsibilities for cybersecurity. DHS
plays a crucial role in supporting cyber risk mitigation for
public and private sectors through managing programs that
implement defensive capabilities to Federal agencies and
private industry, responding to cybersecurity incidents, and
developing law enforcement capacity to investigate
cybercrime.\17\ The Office of Management and Budget (OMB)
oversees Federal information security and information
technology management.
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\16\The Council of Economic Advisors, Executive Office of the
President, The Cost of Malicious Cyber Activity to the U.S. Economy,
(Feb. 2018), available at https://www.whitehouse.gov/wp-content/
uploads/2018/02/The-Cost-of-Malicious-Cyber-Activity-to-the-U.S.-
Economy.pdf; Assessing the Security of Critical Infrastructure:
Threats, Vulnerabilities, and Solution: Hearing Before the S. Comm. on
Homeland Sec. & Governmental Affairs, 115th Cong. (2018) (Testimony of
Ted Koppel), available at https://www.hsgac.senate.gov/hearings/
assessing-the-security-of-critical-infrastructure-threat-
vulnerabilities-and-solutions.
\17\DHS Office of Cybersecurity and Communications, Office of
Cybersecurity and Communications, available at https://www.dhs.gov/
office-cybersecurity-and-communications#; DHS Federal Law Enforcement
Training Centers (FLETC), Internet Investigations Training Program,
available at https://www.fletc.gov/training-program/internet-
investigations-training-program.
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The Committee has worked to conduct oversight and enact
legislation to support Federal cybersecurity programs,
including assisting DHS by reorganizing and renaming the
National Protection and Programs Directorate (NPPD) to form the
Cybersecurity and Infrastructure Security Agency (CISA).\18\
Mitigating the broad range of risks and responding to small-
scale and large-scale incidents requires the continued efforts
of both private and public sector actors and the legislation
approved by the Committee reflects that understanding.
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\18\Cybersecurity and Infrastructure Security Agency Act of 2018,
Pub. L. No. 115-278 (115th Cong.).
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The Committee held several hearings to examine how
effective Federal Government programs implemented by DHS are at
mitigating cybersecurity risk.\19\ The Committee learned that
the Department's programs for securing Federal information
systems and networks were insufficient to mitigate risk, and
further that DHS could improve its programs to support private-
sector network security.\20\ The Committee learned from the
Federal Chief Information Officer that the National
Cybersecurity Protection System was detecting fewer than 4
percent of the cyber intrusion incidents across Federal
civilian networks.\21\
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\19\Cyber Threats Facing America: An Overview of the Cybersecurity
Threat Landscape, Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2017); Cybersecurity Regulation
Harmonization Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2017); Mitigating America's
Cybersecurity Risk, Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2018); Nomination of Christopher C.
Krebs to be Under Secretary, National Protection and Programs
Directorate, U.S. Department of Homeland Security, Hearing Before the
S. Comm. on Homeland Sec. & Governmental Affairs, 115th Cong. (2018).
\20\Mitigating America's Cybersecurity Risk, Hearing Before the S.
Comm. on Homeland Sec. & Governmental Affairs, 115th Cong. (2018)
(testimony of Gregory C. Wilshusen).
\21\Letter from Suzettee Kent, Federal Chief Information Officer,
to Chairman Ron Johnson (Sept. 14, 2018).
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The Committee also worked to help agencies protect their
own networks. Communication and information technology supply
chain threats are increasingly pervasive and dangerous. The
National Counterintelligence and Security Center described our
country as being ``under systemic assault by foreign
intelligence entities'' who use our supply chains as vectors to
commit espionage and steal valuable trade secrets.\22\ The
security of our Federal supply chain has been at the forefront
since the exposure of Kaspersky Labs and, more recently, with
Huawei and ZTE. The risks posed by these threats have the
ability to undermine our democracy, diminish our national
security, and weaken our economy. In 2018, the Committee
approved and Congress enacted the Federal Acquisition Supply
Chain Security Act, introduced by Ranking Member McCaskill and
Senator James Lankford.\23\ The Act codifies a Federal council
to examine best practices and information sharing procedures
for supply chain risks, and provides necessary authorities to
the Department of Defense, DHS, and the intelligence community
to prohibit government procurement of certain products that
pose a threat to security.
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\22\Supply Chain Risk Management Intelligence.Gov Background Paper,
https://www.dni.gov/files/NCSC/documents/products/20170317-NCSC--SCRM-
Background.pdf.
\23\S. 3085, signed in to law as Pub. L. No. 115-390, Strengthening
and Enhancing Cyber-capabilities by Utilizing Risk Exposure Technology
Act (115th Cong.).
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Private sector and State government experts told the
Committee about how they navigate duplicative government
regulatory bodies as they work to secure their networks. The
Committee's June 2017 hearing highlighted how government
regulatory bodies have evolved to respond to changing cyber
threats.\24\ Though these efforts are well-intended, the result
has been a myriad of duplicative, sometimes conflicting, rules
imposed on industries throughout the economy. Not only do these
rules impose regulatory costs, but they can also lessen
security, as companies from the financial services, tech and
healthcare sectors, as well as State governments, spend limited
time and resources concentrating on regulatory compliance at
the expense of security. The Committee found that one financial
services firm reports spending 40 percent of its time on
regulations and reporting requirements, time better spent
enhancing the security of its networks.\25\
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\24\Cybersecurity Regulation Harmonization: Hearing Before the S.
Homeland Sec. & Governmental Affairs Comm., 115th Cong. (2017).
\25\Id.
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Finally, the Committee passed and Congress enacted
legislation to authorize, reorganize, and rename NPPD the
Cybersecurity and Infrastructure Security Agency within the
Department of Homeland Security.\26\ The Department viewed the
legislation as a priority to improve recruiting and public
awareness of the agency's responsibilities.\27\ The Committee
also passed and Congress enacted legislation to authorize a bug
bounty pilot project within DHS to identify and assess any
vulnerabilities in DHS systems.\28\
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\26\Cybersecurity and Infrastructure Security Agency Act of 2018,
Pub. L. No. 115-278 (115th Cong.).
\27\Nomination of Christopher C. Krebs to be Under Secretary,
National Protection and Programs Directorate, U.S. Department of
Homeland Security: Hearing Before the S. Homeland Sec. & Governmental
Affairs Comm., 115th Cong. (2018).
\28\S. 1281, Hack the Department of Homeland Security Act of 2018,
signed in to law as Pub. L. No. 115-390, Strengthening and Enhancing
Cyber-capabilities by Utilizing Risk Exposure Technology Act (115th
Cong.).
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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. DHS is responsible for coordinating
Federal efforts to secure our Nation's critical infrastructure.
It is also the sector-specific agency for 10 of the 16 critical
infrastructure sectors.
Electromagnetic pulses (EMP) and geomagnetic disturbances
(GMD) are low-probability, high-risk occurrences that could
cause significant damage to our Nation's critical
infrastructure. To date, Federal progress to address this risk
has been woefully inadequate. On September 15, 2017, Chairman
Johnson wrote a letter to DHS regarding its failure to provide
a strategy to Congress to protect and prepare U.S. critical
infrastructure against EMP and GMD, as required by a provision
included in the 2017 National Defense Authorization Act.\29\
The Department is not making enough progress to address this
vulnerability. A Committee hearing titled Evolving Threats to
the Homeland highlighted the threat of EMPs/GMDs and weak
government efforts to address the risks.\30\
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\29\Letter from Chairman Ron Johnson, S. Comm. on Homeland Sec. &
Governmental Affairs, to Hon. Elaine Duke, Acting Secretary of the
Dep't of Homeland Sec. (Sept. 15, 2017).
\30\Evolving Threats to the Homeland: Hearing before the S. Comm.
on Homeland Sec. & Governmental Affairs, 115th Cong. (2018).
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The Committee also provided oversight and approved reforms
for the Chemical Facility Anti-Terrorism Standards (CFATS)
Program. The CFATS program regulates chemical facilities to
help prevent terrorists from carrying out an attack with
dangerous chemicals. Since its start in 2006, watchdogs have
identified significant problems with the program, including
questioning whether it successfully reduces risk and enhances
security, and warned of serious management problems.\31\ The
program is set to expire in February 2019. The Committee
conducted extensive oversight of CFATS in the 115th Congress to
evaluate whether it should be reauthorized and, if so, to
develop a plan to improve and reauthorize it.
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\31\Examining the Chemical Facility Anti-Terrorism Standards
Program: Roundtable before the S. Comm. on Homeland Sec. & Governmental
Affairs, 115th Cong. (2018).
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The Committee held numerous briefings with chemical
facility owners, trade groups, DHS, and other relevant
agencies, and the Chairman and Ranking Member asked the
Government Accountability Office (GAO) to conduct a review of
the CFATS program. Chairman Johnson also wrote a letter to DHS
requesting additional information on the CFATS program,
including the status of multiple overdue reports to
Congress.\32\
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\32\Letter from Chairman Ron Johnson, S. Comm. on Homeland Sec. &
Governmental Affairs, to Amy Graydon, Acting Director, Infrastructure
Sec. Compliance Div., Nat'l Protection & Programs Directorate, Dep't of
Homeland Sec. (Apr. 4, 2018).
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On June 12, 2018, the Committee held a roundtable with DHS,
GAO, a CFATS chemical inspector, and multiple companies and
industry groups.\33\ The roundtable was an important, frank
discussion about the program's strengths and weaknesses. The
Committee learned it is still far from clear that CFATS reduces
the risk of a terrorist attack, and DHS does not measure
whether it actually does so. The program forces some explosive
material companies to spend hundreds of thousands of dollars
complying with CFATS regulations that are duplicative of
Justice Department regulations, and subjects companies to
frequent, unnecessary site inspections. These practices are
extremely costly and neither reduce risk nor enhance security.
The program also fails to give credit to companies who already
comply with other private, sector-specific programs that
require high standards of care, fails to alert companies to the
Department's expedited approval process, and needs to improve
transparency to covered facilities.
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\33\Examining the Chemical Facility Anti-Terrorism Standards
Program: Roundtable before the S. Comm. on Homeland Sec. & Governmental
Affairs, 115th Cong. (2018).
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The Committee unanimously approved the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2018
by voice vote in September 2018.\34\ The Chairman's bill would
bring much-needed regulatory relief to U.S. businesses and
provide them certainty by reauthorizing the program for 5
years. The Chairman was disappointed that Congress could not
get reforms across the finish line this year, but the Committee
will continue its work next Congress.
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\34\S. 3405, Protecting and Securing Chemical Facilities From
Terrorist Attacks Act of 2018 (115th Cong.).
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The Committee continued to oversee U.S. efforts to protect
critical infrastructure from foreign cyberattacks. On March 20,
2018, the Committee received a classified briefing from DHS and
received an update regarding its assessment of what occurred in
the 2016 elections. In addition, DHS discussed current threats
to election infrastructure, how it is working with States,
election agencies, and election service providers, and how it
is preparing for the 2018 and 2020 elections. The Committee
also kept abreast of agencies' efforts to combat Russia's cyber
campaign targeting U.S. Government entities and multiple
critical infrastructure sectors.
D. TERRORISM
More than 17 years after the tragedy of September 11th,
2001, terrorism threats to the homeland persist. Even as the
United States successfully targets and degrades terrorist
adversaries abroad, their ideas survive to inspire others. It
is becoming increasingly clear that the threat of Islamist
terrorist attacks will exist so long as terror groups can
motivate extremists to commit attacks wherever they live on
their behalf. Their methods have evolved, and our strategy must
adapt as well, including the government's authorities to
disrupt and prevent attacks from occurring. This Congress the
Committee examined this changing threat environment and the
steps we can take to safeguard our Nation.
The Committee held five hearings and roundtables to explore
terrorism threats to homeland security, to analyze how ideology
relates to extremism and terrorism, to identify what new
methods and technologies terrorists are likely to use next, and
to develop new strategies on how to counter extremist ideology
and terror.\35\
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\35\Ideology and Terror: Understanding the Tools, Tactics, and
Techniques of Violent Extremism: Hearing Before the S. Homeland Sec. &
Governmental Affairs Comm., 115th Cong. (2017); Adapting to Defend the
Homeland Against the Evolving International Terrorist Threat: Hearing
Before the S. Homeland Sec. & Governmental Affairs Comm., 115th Cong.
(2017); S. 2836, the Preventing Emerging Threats Act of 2018:
Countering Malicious Drones: Hearing Before the S. Homeland Sec. &
Governmental Affairs Comm., 115th Cong. (2018); Evolving Threats to the
Homeland: Hearing Before the S. Homeland Sec. & Governmental Affairs
Comm., 115th Cong. (2018); Threats to the Homeland: Hearing Before the
S. Homeland Sec. & Governmental Affairs Comm., 115th Cong. (2018).
---------------------------------------------------------------------------
The Committee also enacted important legislation to address
emerging threats to the homeland. Unmanned aerial systems, or
drones, could pose a variety of threats to the United States.
Traffickers use drones to conduct surveillance or smuggle
illegal drugs into our country. Criminals use drones to smuggle
weapons and other contraband into secure areas including
Federal prisons. Terrorists use drones to execute their attacks
against innocent civilians. In 2011, the Federal Bureau of
Investigation arrested and charged a U.S. citizen for planning
an attack on the Pentagon and U.S. Capitol with an explosive
attached to a drone. In 2018, we saw news reports of
explosives-laden drones used to target the Venezuelan dictator
Nicolas Maduro. To address this threat, the Committee passed
and Congress enacted the Preventing Emerging Threats Act of
2018.\36\ The Act provides DHS and the Department of Justice
the authority they need to protect certain assets and
facilities where drones would pose an unacceptable security
risk to the public.
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\36\S. 2836, signed in to law as Pub. L. No. 115-254, the FAA
Reauthorization Act of 2018 (115th Cong.).
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In 2018, the Committee approved and Congress enacted the
Countering Weapons of Mass Destruction Act of 2018 to authorize
the office and more optimally organize DHS to confront the
threat posed by weapons of mass destruction.\37\ DHS created
the Office of Countering Weapons of Mass Destruction (CWMD) in
2017 to counter the rising danger from threat actors who could
use chemical, biological, radiological, and nuclear agents to
harm Americans or U.S. interests. The agency drew from the
Domestic Nuclear Detection Office, Office of Chief Medical
Officer, Office of Health Affairs, and part of the Science and
Technology Directorate to create the new office. Without
legislative authority, however, the new office faced fiscal
challenges.
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\37\Pub. L. No. 115-387 (115th Cong.).
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As American counterterrorism efforts have made complex,
coordinated attacks more difficult to execute, terrorist
organizations have gone low-tech. Recent guidance from groups
like ISIS instructed aspiring extremists to use simple tools to
inflict small-scale attacks on vulnerable targets. Over the
last few years we have seen a trend of vehicular terror attacks
across Europe, including incidents in London and Barcelona.
Attackers used vehicles as weapons in highly publicized attacks
in New York, NY in October 2017 and Charlottesville, NC in
August 2018. To address this threat, the Committee approved and
Congress enacted the Vehicular Terrorism Prevention Act of
2018.\38\ The bill requires DHS to conduct an assessment and
develop a strategy to assist emergency responders and private
sector entities in preventing, mitigating, and responding to
the threat of vehicular terrorism.
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\38\Pub. L. No. 115-609 (115th Cong.).
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The Committee approved six other bills to help the Federal
Government combat those who wish to do us harm. Those bills
include the Biometric Identification Migration Alert Program
Authorization Act of 2018, to authorize the Department's
program to help international partners identify suspected
terrorists and other threat actors abroad before they travel to
the United States\39\; the Office of Biometric Identity
Management Authorization Act of 2018, to authorize the
Department's office assigned the responsibility for maintaining
a biometric database used to prevent terrorism and other
threats to national security and public safety\40\; the
Screening and Vetting Passenger Exchange Act of 2017, which
requires DHS to establish best practices for advanced passenger
information for counterterrorism screening\41\; and the REPORT
Act, a bill to require intelligence agencies to report to
Congress on individual acts of terrorism that occur in the
United States\42\.
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\39\H.R. 6439 (115th Cong.).
\40\H.R. 5206 (115th Cong.).
\41\H.R. 4581 (115th Cong.).
\42\S. 1884 (115th Cong.).
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E. DHS REFORMS
The Committee has primary responsibility within the Senate
for overseeing and authorizing DHS. During the 115th Congress,
the Committee took significant action, through oversight and
legislation, to improve DHS's management and operations.
2018 marked 15 years since Congress created the Department
of Homeland Security. The Department has never been fully
reauthorized, which raises questions about how DHS and its
components should operate absent clear direction in statute.
The House passed a reauthorization of the Department in July
2017 by a vote of 386 to 41.\43\ Our Committee took up the bill
in early 2018 and approved it by a vote of 10-1. As approved by
the Committee, the bill would codify and authorize key roles
and responsibilities for the Department's headquarters offices,
strengthen the Department's approach to managing its
acquisition programs, and address recommendations from
watchdogs like the GAO and the inspector general to improve the
Department's management and performance. Unfortunately, we were
not able to clear the full Senate this Congress. Enacting the
Department of Homeland Security Authorization Act would be an
important step to strengthen DHS and to establish a process for
regular authorizations so that Congress clearly defines the
Department's responsibilities and authorities over time to
evolve and address emerging threats.
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\43\H.R. 2825, Department of Homeland Security Authorization Act
(115th Cong.).
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The Committee also passed and Congress enacted legislation
to improve the country's response to natural disasters. In
2017, the United States suffered one of the worst hurricane
seasons on record. The Federal Emergency Management Agency
(FEMA), along with other Federal agencies and State and local
partners, worked tirelessly to save lives and help communities
respond to the disasters. The Disaster Recovery Reform Act of
2018, approved by the Committee and enacted in 2018, better
prepares the Nation for disasters, including by allowing FEMA
to supplement its workforce with temporary personnel,
supporting building code modernization, and funding pre-
disaster mitigation projects around the United States.\44\ The
bill takes an important step toward reforming the way the
Nation declares disasters, allowing FEMA to focus limited
Federal resources on the most serious emergencies. Two other
bills approved by the Committee and enacted by Congress improve
the process for applicants to apply for disaster relief.\45\
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\44\S. 3041, signed in to law as Pub. L. No. 115-254, the FAA
Reauthorization Act of 2018 (115th Cong.).
\45\Pub. L. No. 115-69 (115th Cong.); Pub. L. No. 115-159 (115th
Cong.).
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The Committee also passed and Congress enacted legislation
to speed up the Department's integration of existing data and
systems to increase efficiencies.\46\ The bill gives the
Secretary of DHS 2 years from enactment to implement a data
framework to integrate existing DHS data and systems. The
framework itself has been in development since 2013. This
framework connects and controls access to datasets across
disparate DHS components to provide those with appropriate
clearance and duties with real-time access to important data.
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\46\S. 2397, DHS Data Framework Act, signed in to law as Pub. L.
No. 115-331 (115th Cong.).
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Finally, legislation approved by the Committee and signed
into law will help improve the Department's management of its
vehicle fleet\47\ and improve the oversight of major grant
programs that help local fire departments comply with staffing,
response, and operational standards.\48\
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\47\DHS Save Act, Pub. L. No. 115-38 (115th Cong.).
\48\United States Fire Administration, AFG, and SAFER Program
Reauthorization Act of 2017, Pub. L. No. 115-98 (115th Cong.).
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F. OVERSIGHT OF FEDERAL AGENCIES & GOVERNMENT PROGRAMS
All Americans deserve an efficient and effective Federal
Government. In the 115th Congress, the Committee carried out
its oversight responsibilities over the Federal bureaucracy to
help foster a professional, nonpartisan, and accountable
government. The Committee's oversight jurisdiction stretches
across all facets of the executive branch. Pursuant to this
expansive authority, the Committee conducted oversight of
numerous Federal departments and agencies, ranging from the
State Department to the Internal Revenue Service to the Justice
Department's Bureau of Prisons.\49\ The Committee maintains a
whistleblower hotline for Federal employees to disclose waste,
fraud, abuse, and misconduct.
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\49\E.g. Letter from Sen. Ron Johnson, Chairman, & Claire
McCaskill, Ranking Member, S. Comm. on Homeland Sec. & Gov't Affairs,
to Mike Pompeo, Secretary, Dep't of State (May 1, 2018); Letter from
Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Gov't Affairs,
to Steven Mnuchin, Secretary, Dep't of the Treas., & David Kautter,
Acting Commissioner, Internal Revenue Serv. (May 28, 2018); Letter from
Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Gov't Affairs,
to Hugh J. Hurwitz, Acting Director, Fed. Bureau of Prisons (July 12,
2018).
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Chairman Johnson fought to ensure that patients facing
terminal illnesses have access to potentially life-saving
treatments by enacting the Trickett Wendler, Frank Mongiello,
Jordan McLinn, and Matthew Bellina Right to Try Act of
2017.\50\ Patients like Trickett Wendler, who passed away in
2015 from ALS without the chance to access new, experimental
medication that could have helped prolong her life. And like
Jordan McLinn, who 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 4 years longer in the
2000s than the 1990s\51\ and 145 percent more expensive in 2014
than it was 10 years earlier\52\--is keeping patients from
accessing innovative new drugs. Congress enacted the law in
2018, and already Americans are gaining access to treatments
that they could not have otherwise.
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\50\Pub. L. No. 115-176 (115th Cong.).
\51\Fabio Pammolli, Laura Magazzini, and Massimo Riccaboni, The
Productivity Crisis in Pharmaceutical R&D,, VOL. 10 AT 429, Nature
Reviews Drug Discovery (JUNE 2011).
\52\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.
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The Fair Chance Act, approved by the Committee, gives an
opportunity to formerly incarcerated individuals to have a fair
chance at employment.\53\ The dignity of work is probably the
best way we can keep people from turning back to a life of
crime.
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\53\S. 2021, Fair Chance Act, S. Rep. No. 114-200 (2016).
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The Committee also unanimously approved five bills\54\,
four of which became law, that will provide more robust
protections for whistleblowers across the Federal Government,
and ensure supervisors are appropriately disciplined for
retaliation, including the Dr. Chris Kirkpatrick Whistleblower
Protection Act and the Office of Special Counsel
Reauthorization Act of 2017.\55\ The Dr. Chris Kirkpatrick
Whistleblower Protection Act, which adopts 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 requires
discipline for supervisors who retaliate against
whistleblowers. The legislation is named after Dr. Chris
Kirkpatrick, a VA employee at the Tomah, Wisconsin Veterans'
Affairs Medical Center (VAMC) who tragically committed suicide
after suffering retaliation after blowing the whistle on
misconduct at the facility.\56\ The Committee exposed this and
other misconduct at the Tomah VAMC in a multi-year
investigation that culminated in a report in 2016.\57\ The
Office of Special Counsel Reauthorization Act of 2017
reauthorizes the office charged with protecting whistleblowers
through 2022, and strengthens the office's ability to
investigate retaliatory agency actions.\58\
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\54\Pub. L. No. 115-73 (115th Cong.); Pub. L. No. 115-42 (115th
Cong.); S. 582, signed in to law as Pub. L. No. 115-91 (115th Cong.);
Pub. L. No. 115-40 (115th Cong.).
\55\Pub. L. No. 115-73 (115th Cong.).
\56\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).
\57\Id.
\58\ S. 582, signed in to law as Pub. L. No. 115-91 (115th Cong.).
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Health care spending continues to be a significant and
growing portion of the U.S. economy.\59\ Since 1960, the share
of all government-paid health care spending has more than
doubled, from about one-fifth to just under half. As a result,
overall health spending now consumes about 17 percent of the
Nation's gross domestic product.\60\ In the 115th Congress, the
Committee examined the current State of health care in the
United States with an eye toward improving health care choices
for all Americans.
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\59\National Health Expenditures 2017 Highlights, Centers for
Medicare & Medicaid Services, available at https://www.cms.gov/
Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/
NationalHealthExpendData/Downloads/highlights.pdf.
\60\Majority Staff Report, S. Comm. on Homeland Sec. & Governmental
Affairs, The Centers for Medicare and Medicaid Services has Been a Poor
Steward of Federal Medicaid Dollars
(June 20, 2018), https://www.hsgac.senate.gov/imo/media/doc/2018-06-
20%20Medicaid%20Fraud%20and%20Overpayments%20Majority%20Staff%20Report.p
df.
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The Committee conducted substantial oversight of the
Centers for Medicare and Medicaid Services (CMS). In September
2017, Chairman Johnson requested information and materials from
CMS and eight States about higher-than expected spending and
enrollment relating to Obamacare's Medicaid expansion.\61\ CMS
and other data show original Medicaid expansion per-enrollee
spending was understated by as much as 49 percent, and that
enrollment in many expansion States has significantly exceeded
original estimates.\62\ In California, for example, expansion
enrollment as of May 2016 was 322 percent over what had been
projected.\63\ In 2018, Chairman Johnson requested information
from CMS about potential overpayments in California's Medicaid
program that have cost Federal taxpayers more than $3.3 billion
and about so-called ``Medicaid maximization'' schemes, in which
States attempt to artificially inflate the Federal share of
Medicaid.\64\ Independent watchdogs have warned that these
schemes undermine the Federal-State Medicaid partnership by
making Federal taxpayers responsible for costs that should be
borne by the States.\65\ The Committee's work is ongoing.
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\61\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Seema Verma, Administrator, Cntrs.
for Medicare & Medicaid Srvs. (Sept. 27, 2017).
\62\Id.
\63\Obamacare Expansion Enrollment is Shattering Projections (Nov.
16, 2016), https://thefga.org/wp-content/uploads/2016/12/ObamaCare-
Enrollment-is-Shattering-Projections-1.pdf.
\64\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Seema Verma, Administrator, Cntrs.
for Medicare & Medicaid Srvs. (Nov. 19, 2018).
\65\ Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Seema Verma, Administrator, Cntrs.
for Medicare & Medicaid Srvs. (Sept. 21, 2018).
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In June 2018 and August 2018, the Committee convened
hearings to examine potential fraud and overpayments in the
Medicaid program.\66\ The hearings featured testimony from CMS
Administrator Seema Verma, Comptroller General Gene Dodaro of
the Government Accountability Office, and Brian Ritchie of the
HHS Office of Inspector General, and explored Medicaid's
vulnerabilities to fraud and how CMS can improve its
stewardship of the program.\67\ Chairman Johnson released a
majority staff report in June 2018 detailing how CMS must
better police the Medicaid program.\68\ The report concluded
that Medicaid is plagued by waste, fraud and abuse, including
$37 billion per year in Medicaid overpayments to providers--a
157 percent increase since 2013--and hundreds of thousands of
beneficiaries providing apparently false social security
numbers. At the end of 2017, State Medicaid Fraud Control Units
had nearly 20,000 open fraud investigations.
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\66\Medicaid Fraud and Overpayments: Problems and Solutions:
Hearing before the S. Comm. on Homeland Sec. & Governmental Affairs,
115th Cong. (2018); Examining CMS's Efforts to Fight Medicaid Fraud and
Overpayments: Hearing before the S. Comm. on Homeland Sec. &
Governmental Affairs, 115th Cong. (2018).
\67\Id.
\68\Majority Staff Report, S. Comm. on Homeland Sec. & Governmental
Affairs, The
Centers for Medicare and Medicaid Services has Been a Poor Steward of
Federal Medicaid Dollars (June 20, 2018), https://www.hsgac.senate.gov/
imo/media/doc/2018-06-
20%20Medicaid%20Fraud%20and%20Overpayments%20Majority%20Staff%20Report.p
df.
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The Committee also examined the Nation's opioid epidemic.
Chairman Johnson and Ranking Member McCaskill requested
information from the Drug Enforcement Administration (DEA)
about its anti-diversion investigations during the opioid
epidemic.\69\ In July 2017, Chairman Johnson introduced
legislation to schedule all fentanyl analogues as controlled
substances.\70\ The DEA implemented this scheduling via
regulation in February 2018.\71\ In January 2018, the Committee
convened a hearing and released a majority staff report
examining how the Medicaid program may contribute to the opioid
epidemic.\72\ The report concluded that Medicaid has
inadvertently fueled the epidemic by establishing a series of
incentives that make it enormously profitable for beneficiaries
and others to abuse and sell dangerous drugs. Committee
majority staff found that 1,072 people have been convicted or
charged nationwide since 2010 for improperly using Medicaid to
obtain prescription opioids, some of which were then resold on
the Nation's streets. Ranking Member McCaskill also issued
minority staff reports about the role of the pharmaceutical
industry in the opioid epidemic.\73\
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\69\Letter from Ron Johnson, Chairman, & Claire McCaskill, Ranking
Member, S. Comm. on Homeland Security & Governmental Affs., to Charles
P. Rosenberg, Acting Administrator, Drug Enforcement Admin. (May 8,
2017)
\70\S. 1553, 115th Cong. (2017).
\71\Schedules of Controlled Substances: Temporary Placement of
Fentanyl-Related Substances in Schedule I, 83 Fed. Reg. 5188 (Feb. 6,
2018).
\72\Unintended Consequences: Medicaid and the Opioid Epidemic:
Hearing before the S. Comm. on Homeland Sec. & Governmental Affairs,
115th Cong. (2018); Majority Staff Report, S. Comm. on Homeland
Security & Governmental Affs., Drugs for Dollars: How Medicaid Helps
Fuel the Opioid Epidemic (Jan. 17, 2018).
\73\E.g. Minority Staff Report, S. Comm. on Homeland Sec. & Gov't
Affairs, Fueling an Epidemic: Exposing the Financial Ties Between
Opioid Manufacturers and Third Party Advocacy Groups (Feb. 2018).
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The Committee conducted oversight of the regulation issued
by the Office of Personnel Management (OPM) in 2013 that
authorized Members of Congress to receive an employer
contribution on the Obamacare exchanges.\74\ In December 2017,
Chairman Johnson issued a subpoena to OPM for documents
relating to the development of this regulation.\75\ The
Committee also requested and received documents from CMS, the
National Archives, the District of Columbia Health Benefits
Exchange, and a private contractor involved the decisionmaking
process.\76\ The Committee's oversight of the OPM regulation
continues as it receives relevant documents.
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\74\Federal Employees Health Benefits Program: Members of Congress
and Congressional Staff, 78 Fed. Reg. 60,653 (Oct. 2, 2013).
\75\Subpoena from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. and Gov't Affairs to Kathleen McGettigan, Acting Dir., Office of
Pers. Mgmt. (Dec. 22, 2017).
\76\ Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. & Governmental Affairs, to Tim Hurlebaus, President, CGI Federal,
Inc. (Sept. 28, 2018); Letter from Sen. Ron Johnson, Chairman, S. Comm.
on Homeland Sec. & Governmental Affairs, to Mila Kofman, Exec. Dir., DC
Health Benefit Exch. Auth. (Mar. 5, 2018); Letter from Sen. Ron
Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to
Alex Azar, Secretary, Dep't of Health & Human Servs. (Mar. 5, 2018);
Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. and
Governmental Affairs, to David Ferriero, Archivist of the United
States, National Archives and Records Admin. (Feb. 21, 2018).
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Using its legislative jurisdiction, the Committee approved
legislation to repeal a section of the Affordable Care Act
(ACA) that directed OPM to offer insurance plans on State
health insurance exchanges, termed MSP.\77\ The intent of the
program was to increase competition in healthcare by requiring
MSP options to be available in all 50 States and the District
of Columbia by 2017. At the beginning of 2018, OPM had already
spent $54 million and had 42 full-time equivalents to
administer the program, with only Arkansas participating.\78\
The program has failed by all measures to meet its original
mission.
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\77\S. 2221, Repeal Insurance Plans of the Multi-State Program Act
(115th Cong.).
\78\S. Rpt. No. 115-277, 115th Cong. (2018).
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As the Trump Administration's pro-growth economic policies
improve the U.S. economy, the Administration's tariffs
threatened to increase input costs on steel-dependent
industries employing 17 million Americans.\79\ Chairman Johnson
requested information and data from the Commerce Department
about (1) the Department's analyses of the effects of the
tariffs;\80\ (2) how the Department evaluates requests for
exclusions from the tariffs and any objections to those
exclusion requests;\81\ and (3) the Department's interactions
with major domestic steel and aluminum producers.\82\ Chairman
Johnson also sought to understand how the Commerce Department
considers the effects of the tariffs on downstream
industries,\83\ and how it evaluates the ability of the
domestic industries to meet demand.\84\
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\79\Tori Whiting, President Should Reject Flawed Commerce Report on
Steel Tariffs, The heritage foundation, Feb. 27, 2018, https://
www.heritage.org/trade/report/president-should-reject-flawed-commerce-
report-steel-tariffs.
\80\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affairs, to Wilbur R. Ross, Secretary, Dep't of
Commerce (Mar. 8, 2018).
\81\ Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affairs, to Wilbur R. Ross, Secretary, Dep't of
Commerce (Aug. 9, 2018).
\82\Letter from Ron Johnson, Chairman, & Claire McCaskill, Ranking
Member, S. Comm. on Homeland Security & Governmental Affairs, to Wilbur
R. Ross, Secretary, Dep't of Commerce (Aug. 30, 2018).
\83\ Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affairs, to Wilbur R. Ross, Secretary, Dep't of
Commerce (Mar. 8, 2018).
\84\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affairs, to Wilbur R. Ross, Secretary, Dep't of
Commerce (Nov. 30, 2018).
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In addition, Chairman Johnson requested material from major
domestic steel and aluminum producers.\85\ Finally, the
Committee held three field roundtables in 2018 (in Wisconsin,
Missouri and Alabama) examining the effects of the tariffs on
local economies.\86\ Following a field roundtable in Milwaukee,
Wisconsin, Chairman Johnson shared with President Trump the
concerns of local businesses, including steel and aluminum
price increases between 30 and 40 percent, lost export and
domestic orders, and canceled capital expenditures.\87\
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\85\Letter from Ron Johnson, Chairman, & Claire McCaskill, Ranking
Member, S. Comm. on Homeland Security & Governmental Affs., to Roger
Newport, Chief Executive Officer, AK Steel Holding Corp. (Aug. 27,
2018); Letter from Ron Johnson, Chairman, & Claire McCaskill, Ranking
Member, S. Comm. on Homeland Security & Governmental Affs., to Michael
Bless, President, Chief Executive Officer, and Director, Century
Aluminum Co. (Aug. 27, 2018); Letter from Ron Johnson, Chairman, &
Claire McCaskill, Ranking Member, S. Comm. on Homeland Security &
Governmental Affs., to John Ferriola, Chairman, Chief Executive
Officer, and President, Nucor Corp. (Aug. 27, 2018); Letter from Ron
Johnson, Chairman, & Claire McCaskill, Ranking Member, S. Comm. on
Homeland Security & Governmental Affs., to David Burritt, President and
Chief Executive Officer, United States Steel Corp. (Aug. 27, 2018).
\86\Examining the Effects of Tariffs and Trade Policy on Alabama
Manufacturing and Agriculture: Field Roundtable before the S. Comm. on
Homeland Security & Governmental Affairs, 115th Cong. (2017); Examining
the Effects of Tariffs and Trade Policy on Missouri Manufacturing and
Agriculture: Field Roundtable before the S. Comm. on Homeland Security
& Governmental Affairs, 115th Cong. (2017); Examining the Effects of
Tariffs on Wisconsin Business: Field Roundtable before the S. Comm. on
Homeland Security & Governmental Affs., 115th Cong. (2017).
\87\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. & Governmental Affairs, to President Donald Trump (July 18, 2018).
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With House Oversight and Government Reform Committee
Chairman Trey Gowdy, Chairman Johnson examined taxpayer-funded
official time, in which some Federal employees perform union
activities while on the government payroll.\88\ The Committee
requested information from 24 Federal departments and agencies
about Federal employees on official time--their positions,
titles, salaries, and percentage of official time work.
Although the Committee received the information from some
agencies, some requests remain outstanding and the
investigation is ongoing.
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\88\E.g. Letter from Sen. Ron Johnson, Chairman, S. Comm. on
Homeland Sec. & Gov't Affairs, & Trey Gowdy, Chairman, H. Comm. on
Oversight & Gov't Reform, to R. Alexander Acosta, Secretary, Dep't of
Labor (Jan. 9, 2018).
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The Committee also inquired about agencies' end-of-year
spending habits, known as ``use it or lose it'' spending and
which is prone to waste and abuse. The Committee received
briefings from agencies about their plans to prevent abusive or
wasteful ``use it or lose it'' spending.
The Committee conducted oversight of the Federal Bureau of
Investigation (FBI) in the wake of news reports that senior FBI
officials exhibited political bias while assigned to high-
profile, politically oriented cases. Chairman Johnson requested
information from the FBI and the Justice Department about the
FBI's investigation into the mishandling of classified
information by former Secretary of State Hillary Clinton and
the FBI's investigation of alleged collusion between the Trump
campaign and Russia.\89\ Chairman Johnson also inquired about
the FBI's record retention policy and FBI employees'
communications with members of the news media about ongoing
investigations.\90\ Because the FBI has not fully satisfied the
Chairman's requests, the Committee's oversight continues.
---------------------------------------------------------------------------
\89\E.g. Letter from Sen. Ron Johnson, Chairman, S. Comm. on
Homeland Sec. & Gov't Affairs, to Jeff Sessions, Att'y Gen., Dep't of
Justice (May 21, 2018); Letter from Sen. Ron Johnson, Chairman, S.
Comm. on Homeland Sec. & Gov't Affairs, to Christopher Wray, Director,
Fed. Bureau of Investigations (May 21, 2018); Letter from Sen. Ron
Johnson, Chairman, S. Comm. on Homeland Sec. & Gov't Affairs, to
Christopher Wray, Director, Fed. Bureau of Investigations (May 11,
2018); Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. & Gov't Affairs, to Jeff Sessions, Att'y Gen., Dep't of Justice
(Apr. 19, 2018); Letter from Sen. Ron Johnson, Chairman, S. Comm. on
Homeland Sec. & Gov't Affairs, to Jeff Sessions, Att'y Gen., Dep't of
Justice (Mar. 28, 2018); Letter from Sen. Ron Johnson, Chairman, S.
Comm. on Homeland Sec. & Gov't Affairs, to Jeff Sessions, Att'y Gen.,
Dep't of Justice (Mar. 23, 2018); Letter from Sen. Ron Johnson,
Chairman, S. Comm. on Homeland Sec. & Gov't Affairs, to Rod J.
Rosenstein, Deputy Att'y Gen., Dep't of Justice (Mar. 1, 2018); Letter
from Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Gov't
Affairs, to Rod J. Rosenstein, Deputy Att'y Gen., Dep't of Justice
(Jan. 31, 2018); Letter from Sen. Ron Johnson, Chairman, S. Comm. on
Homeland Sec. & Gov't Affairs, to Christopher Wray, Director, Fed.
Bureau of Investigations (Dec. 14, 2017); Letter from Sen. Ron Johnson,
Chairman, S. Comm. on Homeland Sec. & Gov't Affairs, to Christopher
Wray, Director, Fed. Bureau of Investigations (Dec. 13, 2017); Letter
from Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Gov't
Affairs, to Rod J. Rosenstein, Deputy Att'y Gen., Dep't of Justice
(Dec. 6, 2017).
\90\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. & Gov't Affairs, to Christopher Wray, Director, Fed. Bureau of
Investigations (May 21, 2018); Letter from Sen. Ron Johnson, Chairman,
S. Comm. on Homeland Sec. & Gov't Affairs, to Christopher Wray,
Director, Fed. Bureau of Investigations (Jan. 20, 2018).
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The Committee also received reports and information from
the Justice Department's Office of the Inspector General and
the Office of Special Counsel.\91\ Chairman Johnson issued a
majority interim staff report in February 2018.\92\ This
interim staff report provided a timeline of the Committee's
oversight and posed unanswered questions to be addressed
through further inquiry.\93\
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\91\E.g. Dep't of Justice, Off. of Inspector Gen., A Review of
Various Actions by the Federal Bureau of Investigation and the
Department of Justice in Advance of the 2016 Election (June 2018)
(Oversight and Review Division 18-04); Letter from Tristan Leavitt,
Acting Special Counsel, Off. of Special Counsel, to Ron Johnson,
Chairman, S. Comm. on Homeland Security & Governmental Affs. (Sept. 21,
2017).
\92\Majority Staff Report, S. Comm. on Homeland Security &
Governmental Affs., The Clinton Email Scandal and the FBI's
Investigation of It (Feb. 7, 2018).
\93\Id.
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In July 2017, the Committee convened a hearing to examine a
report by the Office of Special Counsel finding that the United
States Postal Service had committed a systemic violation of the
Hatch Act by helping its labor union mobilize employees for
partisan activities.\94\ In November 2017, Chairman Johnson
inquired about the potential ``burrowing in'' of a former OPM
political appointee into a career position at the Consumer
Finance Protection Bureau (CFPB).\95\ OPM provided information
about the appointee's transfer to the CFPB,\96\ and the
Committee referred the transfer to the Office of Special
Counsel to review whether the transfer adhered to civil service
principles.\97\
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\94\The Postal Service's Actions During the 2016 Campaign Season:
Implications for the Hatch Act: Hearing before the S. Comm. on Homeland
Sec. & Governmental Affs., 115th Cong. (2017).
\95\Letter from Sen. Ron Johnson, Chairman, S. Comm. on Homeland
Sec. & Gov't Affairs, to Kathleen McGettigan, Acting Director, Off. of
Personnel Management (Nov. 28, 2017).
\96\Letter from Kathleen McGettigan, Acting Director, Off. of
Personnel Management, to Sen. Ron Johnson, Chairman, S. Comm. on
Homeland Sec. & Gov't Affairs (Dec. 13, 2017).
\97\Letter from Henry J. Kerner, Special Counsel, Off. of Special
Counsel, to Sen. Ron Johnson, Chairman, S. Comm. on Homeland Sec. &
Gov't Affairs (Mar. 27, 2018).
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In the early months of the Trump Administration, as
sensitive details of the Administration's deliberations
appeared in press accounts, the Committee examined leaks of
national security information from the Federal bureaucracy. In
July 2017, Chairman Johnson released a majority staff report
that analyzed the spate of leaks, finding there had been on
average one leak per day of information potentially damaging to
national security.\98\
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\98\Majority Staff Report, S. Comm. on Homeland Security &
Governmental Affs., State Secrets: How an Avalanche of Media Leaks Is
Harming National Security (July 6, 2017).
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G. REGULATORY REFORM
At the start of 2017, Congress worked to roll back some of
the midnight rules issued at the end of the previous
administration using the congressional Review Act (CRA).
Altogether, we successfully repealed 16 regulations, stopping
regulatory costs over the next 10 years. This kind of
retrospective work is necessary, but it is only a small portion
of the more than 2,500 new rules President Obama's
administration issued in its last 6 months, or the more than
4,000 during his final year. According to the Competitive
Enterprise Institute, the total annual Federal regulatory cost
amounts to $1.9 trillion.\99\ To put this in perspective, this
burden amounts to over $14,000, per year, per household.\100\
There are only seven economies in the world that are larger
than the regulatory burden we impose on our economy and
American families.\101\
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\99\Clyde Wayne Crews, Ten Thousand Commandments 2018: An Annual
Snapshot of the Federal Regulatory State, Report, Competitive
Enterprise Institute (April 19, 2018).
\100\Id.
\101\Id.
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In the 115th Congress, our Committee continued its
oversight and legislative work to shed light on our out-of-
control regulatory State, and begin to reform it to prevent
future regulatory overreach. The Committee approved important
legislation to help reduce the regulatory burden. For example,
the Midnight Rules Relief Act would allow Congress to consider
regulations issued in the waning days of an outgoing President
together, rather than one at a time, to strengthen the CRA
process.\102\ The REINS Act puts Congress back in charge--and
on the hook--for regulatory policymaking instead of unelected
bureaucrats.\103\ We also approved bipartisan structural
reforms such as the Regulatory Accountability Act, which puts
into law longstanding principles for guiding regulatory
analysis--principles embraced for more than 20 years by
presidents of both parties.\104\
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\102\S. 34 (115th Cong.).
\103\S. 21 (115th Cong.).
\104\S. 951 (115th Cong.).
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The Committee also approved three bills to increase
transparency and public engagement. Congress too often passes a
law and leaves it up to agencies to fill in the specifics of
how it should be implemented. Agencies do this by issuing
regulations and guidance. Businesses, even small ones, are
expected to follow these provisions, but find it extremely
difficult to sort through it all and keep up to date. The
Providing Accountability Through Transparency Act of 2017,
Early Participation in Regulations Act of 2017, and Guidance
out of Darkness Act, if enacted, would help the public and
businesses more easily view regulations and guidance put out by
agencies and determine what they need to comply with.
The Committee examined burdensome Federal regulatory
actions that stifle innovation and economic growth. Among other
efforts, Chairman Johnson urged the Labor Department to
reconsider its so-called ``Fiduciary rule'' concerning
investment advice,\105\ asked the FDA to review its e-cigarette
regulations,\106\ and requested information about HHS's
rulemaking process.\107\ Chairman Johnson examined the practice
of Federal employee unions ``skimming'' membership dues from
home health care Medicaid payments.\108\ Following Chairman
Johnson's oversight, the Centers for Medicare and Medicaid
Services (CMS) changed its regulations to prohibit union dues
skimming.\109\
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\105\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Alexander Acosta, Secretary, Dep't of
Labor (May 12, 2017).
\106\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Scott Gottleib, Commissioner, Food &
Drug Admin. (May 17, 2017).
\107\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Alex M. Azar II, Secretary, Dep't of
Health & Human Servs. (May 2, 2018).
\108\Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Seema Verma, Administrator, Cntrs.
for Medicare & Medicaid Srvs. (Apr. 30, 2018).
\109\ Letter from Ron Johnson, Chairman, S. Comm. on Homeland
Security & Governmental Affs., to Christopher Thompson, Cntrs. for
Medicare & Medicaid Srvs. (Aug. 1, 2018); Medicaid Program;
Reassignment of Medicaid Provider Claims, 83 Fed. Reg. 32,252 (July 12,
2018).
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The Committee confirmed the head of the Office of
Information and Regulatory Affairs (OIRA) and pushed it to
revisit a rule that gave special treatment to IRS regulations.
The OIRA was created as part of the 1980 Paperwork Reduction
Act, a law intended to curb the amount of and duplication in
paperwork requirements imposed by regulatory agencies on the
public. Among other responsibilities, the Administrator
oversees and coordinates proposed regulations from agencies,
and is ultimately the decider of whether to ``approve'' the
rule or ``return'' it to the agency with recommended changes.
The Committee approved--and the full Senate confirmed--Neomi
Rao to head the office in 2017. Ms. Rao has been responsible
for overseeing the Trump Administration's so-called ``one in,
two out'' initiative that resulted in a total of 22 rules out
for every new one in its first year of implementation, and in
the second year, a total of 12 rules out for every new
one.\110\
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\110\Office of Information and Regulatory Affairs, Regulatory
Reform: Completed Actions Fiscal Year 2017, https://www.reginfo.gov/
public/pdf/eo13771/FINAL--BU--20171207.pdf; Office of Information and
Regulatory Affairs, Regulatory Reform under Executive Order 13771:
Final Accounting for Fiscal Year 2018, https://www.reginfo.gov/public/
pdf/eo13771/EO--13771--Final--Accounting--for--Fiscal--Year--2018.pdf.
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Since 1983, Treasury and OIRA had a memorandum of agreement
which effectively exempted IRS regulations from the same kind
of analysis and review applied to other executive branch agency
rules. The Chairman sent a letter to both offices urging them
to revisit the issue, and ultimately the subcommittee held a
hearing on the topic when talks broke down. On the morning of
the hearing, the two offices issued a new memo overturning the
long-held agreement.
H. WASTE, FRAUD, AND ABUSE
As the Senate 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 government to yield
significant cost savings to taxpayers. The Committee also works
closely with government watchdogs, including inspectors general
(IGs) and the GAO, to identify needed reforms. In the 115th
Congress, the Committee worked on a bipartisan basis to approve
dozens of pieces of legislation that make government work
better for Americans. Several examples are highlighted below.
Additionally, the Committee approved seven inspectors general
for full Senate consideration this Congress.
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 at better value
for taxpayers. This Congress, the Committee approved and
Congress enacted legislation to stop automatic and wasteful
printing of the Federal Register, to prohibit the use of
Federal funds to pay for official portraits for Federal
employees, and to authorize the use of more cost-effective and
innovative modes of transportation when Federal employees need
to travel.\111\
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\111\Pub. L. No. 115-184 (115th Cong.); Pub. L. No. 115-158 (115th
Cong.); Pub. L. No. 115-34 (115th Cong.).
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Committee members 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's why the Committee approved several bills
that require agencies to make more information available to the
public.\112\
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\112\See, e.g., S. 1769 (115th Cong.); S. 2896 (115th Cong.); S.
760 (115th Cong.); S. 2276 (115th Cong.); S. 3031 (115th Cong.); S.
3050 (115th Cong.); S. 2178 (115th Cong.); S. 234 (115th Cong.).
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The Committee has worked to address the skyrocketing amount
of money that the Federal Government improperly pays out each
year. From 2013 to 2015, the improper payment total increased
from $105 billion to $136.5 billion.\113\ The Committee
approved several 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, one that reduces the instances in
which the government can send out an individual's social
security number in the mail, and one that improves the way
Federal improper payment laws are written in statute to help
reduce future improper payments.\114\ The Committee also
approved, and Congress enacted, legislation to ensure GAO can
access the National Director of New Hires to perform better
oversight of Federal improper payments.\115\
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\113\Gov't Accountability Office, GAO-14-747T, Improper Payments:
Government-Wide Estimates and Reduction Strategies (July 9, 2014).
\114\S. 2374 (115th Cong.); S. 1208 (115th Cong.); S. 2948 (115th
Cong.).
\115\S. 17, GAO Access and Oversight Act of 2017, signed in to law
as Pub. L. No. 115-3 (115th Cong.).
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The Committee also approved legislation to help the Trump
Administration re-think the Federal bureaucracy. The Reforming
Government Act of 2018 would provide authority for the
President to submit government reorganization proposals to
Congress for expedited consideration.\116\ This bill would
provide expedited reorganization authority for up to 2 years
upon enactment and requires that the President provide certain
information to Congress as a condition before Congress can use
the expedited authority to consider the proposal. After lengthy
discussion at the Committee's business meeting, members agreed
to require that sponsors establish bipartisan support for any
proposal before it can be considered under expedited
procedures.
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\116\S. 3137 (115th Cong.).
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Finally, the Committee approved legislation to improve the
Presidential transition process. The Presidential Transition
Enhancement Act would clarify the responsibilities of the
General Services Administration (GSA) and other agencies during
a transition and require a contractual relationship between GSA
and a transition team to guide the transition process.\117\
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\117\S. 3487 (115th Cong.).
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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 62, 115th CONGRESS
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS.
Sec. 12. (a) * * *
* * * * * * * *
(d) 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. 73, agreed to February 12, 2015 (114th Congress)
are authorized to continue.
III. BILLS AND RESOLUTIONS REFERRED AND CONSIDERED
During the 115th Congress, 277 Senate bills and 191 House
bills were referred to the Committee for consideration. In
addition, 11 Senate Resolutions and 3 Senate Concurrent
Resolutions were referred to the Committee.
The Committee reported 92 bills; an additional 15 measures
were discharged.
Of the legislation received by the Committee, 93 measures
became public laws, including 62 postal naming bills.
IV. HEARINGS
During the 115th Congress, the Committee held 50 hearings
on legislation, oversight issues, and nominations. Hearing
titles and dates follow.
The Committee also held 24 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 Website, http://hsgac.senate.gov/.
Nomination of John F. Kelly to be Secretary, U.S. Department of
Homeland Security. January 11, 2017. (S. Hrg. 115-141)
This one-panel hearing considered the nomination of John F.
Kelly to be Secretary, U.S. Department of Homeland Security.
Mr. Kelly was introduced by Senators John McCain and Thomas R.
Carper as well as Hon. Robert M. Gates.
Nomination of Hon. J. Michael Mulvaney to be Director, Office of
Management and Budget. January 24, 2017. (S. Hrg. 115-292)
This one-panel hearing considered the nomination of Hon. J.
Michael Mulvaney to be Director, Office of Management and
Budget. Mr. Mulvaney was introduced by Senators Lindsey Graham
and Tom Cotton.
High Risk: Government Operations Susceptible to Waste, Fraud, and
Mismanagement. February 15, 2017. (S. Hrg. 115-314)
The purpose of this single-panel hearing was to examine the
Government Accountability 2017 update of the High-Risk Series
as well as opportunities to improve the performance of agencies
under the Committee's jurisdiction. The witnesses described the
reasons for adding areas to and removing areas from the High-
Risk Series and highlighted the steps that are being taken to
address waste, fraud, and mismanagement in their respective
government agencies.
Witnesses: Hon. Eugene L. Dodaro, Comptroller General of
the United States, U.S. Government Accountability Office; Hon.
John H. Thompson, Director, U.S. Census Bureau, U.S. Department
of Commerce; Hon. Michael J. Missal, Inspector General, U.S.
Department of Veterans Affairs; and Hon. John Roth, Inspector
General, U.S. Department of Homeland Security.
The Effects of Border Insecurity and Lax Immigration Enforcement on
American Communities. March 01, 2017. (S. Hrg. 115-289)
The purpose of this single-panel hearing was to examine the
real-world consequences of America's unsecure southern border
and the lax enforcement of our immigration laws and policies.
Witnesses in law enforcement provided insight as to how
immigration and border security policies impact their
communities and explained how Congress and the Administration
can help to combat the effects of the unlawful movement of
people, illegal drugs, and other contraband. The third witness
shared her personal experience, detailing how border insecurity
and lax immigration enforcement have impacted her family.
Witnesses: Julie Nordman, Wentzville, Missouri; Hon. Eric
Severson, Sherriff, Waukesha County, State of Wisconsin; and
Ryan Rectenwald, Chief Deputy of Special Operations, Grant
County Sheriff's Office, State of Washington.
Nomination of the Honorable Elaine C. Duke to be Deputy Secretary, U.S.
Department of Homeland Security. March 08, 2017. (S. Hrg. 115-
356)
This one-panel hearing considered the nomination of Elaine
C. Duke to be Deputy Secretary, U.S. Department of Homeland
Security. Ms. Duke was introduced by Senator Rob Portman.
Perspectives from the DHS Frontline: Evaluating Staffing Resources and
Requirements. March 22, 2017. (S. Hrg. 115-159)
The purpose of this single-panel hearing was to examine the
staffing needs of U.S. Customs and Border Protection (CBP) and
U.S. Immigration and Customs Enforcement (ICE) personnel,
identify resource shortages at these agency components, and
assess the most effective way for the Department of Homeland
Security to help secure our Nation's borders and enforce our
immigration laws. Witnesses described the most pressing
challenges facing CBP's and ICE's work force and recommended
measures to resolve them.
Witnesses: Brandon Judd, President, National Border Patrol
Council (testifying on behalf of Border Patrol Agents, U.S.
Customs and Border Protection); Anthony M. Reardon, National
President, National Treasury Employees Union (testifying on
behalf of Office of Field Operations Officers, U.S. Customs and
Border Protection); and Chris Crane, President, National
Immigration and Customs Enforcement Council (testifying on
behalf of Enforcement Removal Operations Officers, U.S.
Immigration and Customs Enforcement).
Fencing Along the Southwest Border. April 04, 2017. (S. Hrg. 115-295)
The purpose of this single-panel hearing was to examine
efforts to secure the southwest border through the construction
of fencing and to provide the Administration and the Department
of Homeland Security with lessons learned from previous fence
deployment efforts. The hearing also highlighted the legal
authorities and financial implications related to fence
construction as well as the costs and benefits associated with
deploying additional infrastructure, technology and personnel
along the U.S.-Mexico border. Mr. Aguilar and Mr. Colburn
described their experiences overseeing the deployment and
construction of fencing and tactical infrastructure. Dr.
Garrett discussed his work on eminent domain issues.
Witnesses: David Aguilar, Former Acting Commissioner of
U.S. Customs and Border Protection at the U.S. Department of
Homeland Security; Ronald Colburn, Former Deputy Chief of the
U.S. Border Patrol at U.S. Customs and Border Protection at the
U.S. Department of Homeland Security; and Terence M. Garrett,
Ph.D., Professor and Chair, Public Affairs and Security Studies
Department, The University of Texas Rio Grande Valley.
Improving Border Security and Public Safety. April 05, 2017. (S. Hrg.
115-289)
The purpose of this single-panel hearing was to examine the
Department of Homeland Security's ongoing efforts to improve
border security and public safety, including President Trump's
executive orders and the request for additional appropriations.
Secretary Kelly described DHS's resources for border security
and immigration law enforcement, including staffing and
infrastructure needs, offered his perspective regarding the
overall budgetary needs of the Department, and detailed DHS's
implementation of the Administration's recent executive orders.
Witnesses: Hon. John F. Kelly, Secretary, U.S. Department
of Homeland Security.
Duplication, Waste, and Fraud in Federal Programs. April 26, 2017. (S.
Hrg. 115-178)
The purpose of this single-panel hearing was to examine the
Government Accountability Office's (GAO's) report titled,
``2017 Annual Report: Additional Opportunities to Reduce
Fragmentation, Overlap, and Duplication and Achieve Other
Financial Benefits.'' Mr. Dodaro provided recommendations
pertaining to the 2017 report as well as assessed the progress
of GAO recommendations stemming from previously published
duplication reports. The remaining witnesses discussed areas of
focus within the report: Mr. George testified on duplication
within refundable tax credit programs, Ms. Blank testified
about the administrative requirements on Federal research, and
Mr. Repko testified regarding the construction of Department of
Veterans Affairs (VA) medical facilities.
Witnesses: Hon. Eugene L. Dodaro, Comptroller General of
the United States, U.S. Government Accountability Office; Hon.
J. Russell George, Inspector General for Tax Administration,
U.S. Department of the Treasury; Hon. Rebecca M. Blank, Ph.D.,
Chancellor, University of Wisconsin-Madison; and Keith D.
Repko, Medical Center Director, VA St. Louis Health Care
System, Veterans Health Administration, U.S. Department of
Veterans Affairs.
Cyber Threats Facing America: An Overview of the Cybersecurity Threat
Landscape. May 10, 2017. (S. Hrg. 115-298)
The purpose of this single-panel hearing was to provide an
overview of the cybersecurity landscape across four broad
threat categories: criminal, malicious, industrial espionage,
and warfare. The witnesses discussed existing cyber-related
offensive capabilities, motivations of threat actors, and the
role of private and public sector actors in mitigating risks
and responding to incidents.
Witnesses: Jeffrey E. Greene, Senior Director, Global
Government Affairs and Policy, Symantec Corporation; Steven
Chabinsky, Global Chair of Data, Privacy, and Cyber Security,
White & Case LLP (testifying in his personal capacity); Brandon
Valeriano, Ph.D., Donald Bren Chair, Marine Corps University,
and Adjunct Fellow, Niskanen Center; and Kevin Keeney, Captain,
Missouri National Guard, and Director, Cyber Incident Response
Team, Monsanto Company (testifying in his personal capacity).
Border Insecurity: The Rise of MS-13 and Other Transnational Criminal
Organizations. May 24, 2017. (S. Hrg. 115-289)
The purpose of this single-panel hearing was to examine the
presence and activity of gangs and transnational organizations,
like Mara Salvatrucha, or MS-13, in American communities. The
witnesses described recent transnational gang-related activity
in their jurisdictions, detailing the motivations of members
and recruits as well as the challenges that law enforcement
officers face when apprehending gang members. The witnesses
also discussed how unaccompanied minors from Central America's
Northern Triangle are particularly susceptible to gang
recruitment upon entering the United States.
Witnesses: Timothy D. Sini, Police Commissioner, Suffolk
County Police Department, Suffolk County, New York; Scott
Conley, Detective, Criminal Investigative Division, Chelsea
Police Department, Chelsea, Massachusetts; and J. Thomas
Manger, Chief of Police, Montgomery County Police Department,
Montgomery County, Maryland.
The Department of Homeland Security Fiscal Year 2018 Budget Request.
June 06, 2017. (S. Hrg. 115-293)
The purpose of this single-panel hearing was to discuss the
Department of Homeland Security's budget request for Fiscal
Year 2018. Secretary Kelly described how the requested budget
will meet the Nation's homeland security needs.
Witnesses: Hon. John F. Kelly, Secretary, U.S. Department
of Homeland Security.
Nominations of Brock Long to be Administrator, Federal Emergency
Management Agency, U.S. Department of Homeland Security;
Russell Vought to be Deputy Director, Office of Management and
Budget; and Neomi Rao to be Administrator, Office of
Information and Regulatory Affairs, Office of Management and
Budget. June 07, 2017. (S. Hrg. 115-372)
This one-panel hearing considered the nominations of Brock
Long to be Administrator, Federal Emergency Management Agency,
U.S. Department of Homeland Security; Russell Vought to be
Deputy Director, Office of Management and Budget; and Neomi Rao
to be Administrator, Office of Information and Regulatory
Affairs, Office of Management and Budget. Ms. Rao was
introduced by Senator Orrin Hatch.
Ideology and Terror: Understanding the Tools, Tactics, and Techniques
of Violent Extremism. June 14, 2017. (S. Hrg. 115-309)
The purpose of this single-panel hearing was to examine the
root causes of global extremism and terrorism as well as to
consider strategies for confronting the problem and securing
the United States. The witnesses offered recommendations for
combatting terrorism and testified as to the root causes of
violent extremism--including the tools, tactics, and techniques
that extremists use to spread their messages.
Witnesses: Ayaan Hirsi Ali, Research Fellow, Hoover
Institution, Stanford University; Asra Nomani, Co-Founder,
Muslim Reform Movement; John Lenczowski, Ph.D., President,
Institute of World Politics; and the Honorable Michael E.
Leiter, Former Director of the National Counterterrorism
Center.
Cybersecurity Regulation Harmonization. June 21, 2017. (S. Hrg. 115-
310)
The purpose of this single-panel hearing was to examine the
burden of duplicative, overlapping, and conflicting
cybersecurity regulations within various industries and to
explore opportunities to consolidate regulations to focus
resources on cybersecurity practices. The witnesses discussed
how regulations have impacted various organizations'
cybersecurity practices, especially in terms of the resources
expended.
Witnesses: Christopher F. Feeney, President, BITS/Financial
Services Roundtable; Dean C. Garfield, President and CEO,
Information Technology Industry Council; Daniel Nutkis, Founder
and CEO, Health Information Trust Alliance; and James ``Bo''
Reese, Vice President, National Association of State Chief
Information Officers and Chief Information Officer, Office of
Management and Enterprise Services, State of Oklahoma.
Nominations of Claire M. Grady to be Under Secretary for Management,
U.S. Department of Homeland Security, and Henry Kerner to be
Special Counsel, Office of Special Counsel. June 28, 2017. (S.
Hrg. 115-332)
This one-panel hearing considered the nominations of Claire
M. Grady to be Under Secretary for Management, U.S. Department
of Homeland Security, and Henry Kerner to be Special Counsel,
Office of Special Counsel.
Nominations of David J. Glawe to be Under Secretary for Intelligence &
Analysis, U.S. Department of Homeland Security, and David P.
Pekoske to be Assistant Secretary (Transportation Security
Administration), U.S. Department of Homeland Security. July 11,
2017. (S. Hrg. 115-357)
This one-panel hearing considered the nominations of David
J. Glawe to be Under Secretary for Intelligence & Analysis,
U.S. Department of Homeland Security, and David P. Pekoske to
be Assistant Secretary (Transportation Security
Administration), U.S. Department of Homeland Security.
The Postal Service's Actions During the 2016 Campaign Season:
Implications for the Hatch Act. July 19, 2017. (S. Hrg. 115-
352)
The purpose of this single-panel hearing was to examine the
investigations by the United States Postal Service (USPS)
Office of the Inspector General (OIG) and the Office of Special
Counsel (OSC) into a violation of the Hatch Act during the 2016
election cycle. Representatives from the OSC and the OIG
explained their findings, while a Wisconsin letter carrier
described his experiences and why he first raised concerns.
Postmaster General Brennan responded to the findings, pledging
to comply with the recommendations.
Witnesses: Timm Kopp, Letter Carrier, U.S. Postal Service;
William Siemer, Acting Deputy Inspector General, Office of the
Inspector General, U.S. Postal Service; Adam Miles, Acting
Special Counsel, Office of Special Counsel; and the Honorable
Megan J. Brennan, Postmaster General and Chief Executive
Officer, U.S. Postal Service.
The History and Current Reality of the U.S. Health Care System.
September 06, 2017. (S. Hrg. 115-373)
The purpose of this single-panel hearing was to discuss the
rising cost of health care in the U.S., how the current third-
party payment model incentives overutilization of care, the
disconnect between health care consumers and the prices of
care, and the need for consumer driven price transparency and
competition.
Witnesses: Melissa Thomasson, Ph.D., Professor and Director
of Graduate Studies, Department of Economics, Miami University;
Katherine Baicker, Ph.D., Dean, Harris School of Public Policy,
The University of Chicago; and Sabrina Corlette, Research
Professor, Center on Health Insurance Reforms, Georgetown
University Health Policy Institute.
Nominations of Daniel J. Kaniewski to be Deputy Administrator for
Protection and National Preparedness, Federal Emergency
Management Agency, U.S. Department of Homeland Security, and of
Jonathan Pittman to be an Associate Judge, Superior Court of
the District of Columbia. September 12, 2017. (S. Hrg. 115-358)
This one-panel hearing considered the nominations of Daniel
J. Kaniewski to be Deputy Administrator for Protection and
National Preparedness, Federal Emergency Management Agency,
U.S. Department of Homeland Security, and Jonathan Pittman to
be an Associate Judge, Superior Court of the District of
Columbia.
FCC's Lifeline Program: A Case Study of Government Waste and
Mismanagement. September 14, 2017. (S. Hrg. 115-359)
The purpose of this single-panel hearing was to examine
waste, fraud, and abuse in the FCC's Lifeline Program, as
uncovered by the Government Accountability Office's (GAO)
recent report, ``Telecommunications: Additional Action Needed
to Address Significant Risks in FCC's Lifeline Program.'' The
representative from GAO, Mr. Bagdoyan, discussed the report's
findings, while Federal Communications Commission Chairman Pai
and Universal Service Administrative Company Acting Chief
Executive Officer Robinson outlined the steps they are taking
to verify subscriber eligibility, increase the oversight of
service providers, and bring enforcement actions against bad
actors.
Witnesses: Seto Bagdoyan, Director of Audit Services,
Forensic Audits and Investigative Service, Government
Accountability Office; Hon. Ajit V. Pai, Chairman, Federal
Communications Commission; and Vickie S. Robinson, Acting Chief
Executive Officer and General Counsel, Universal Service
Administrative Company.
Threats to the Homeland. September 27, 2017.
The purpose of this single-panel hearing was to update the
public's understanding of prevailing threats to the homeland
and how Federal agencies are countering those threats. The
witnesses addressed the most pressing domestic and foreign
threats as determined by their respective agencies.
Witnesses: Hon. Elaine C. Duke, Acting Secretary, U.S.
Department of Homeland Security; Hon. Christopher A. Wray,
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.
Nomination of John M. Mitnick to be General Counsel, U.S. Department of
Homeland Security. October 03, 2017. (S. Hrg. 115-360)
This one-panel hearing considered the nomination of John M.
Mitnick to be General Counsel, U.S. Department of Homeland
Security.
Nominations of Jeff T.H. Pon to be Director, Office of Personnel
Management; Michael J. Rigas to be Deputy Director, Office of
Personnel Management; and Emily W. Murphy to be Administrator,
General Services Administration. October 18, 2017. (S. Hrg.
115-430)
This one-panel hearing considered the nominations of Jeff
T.H. Pon to be Director, Office of Personnel Management;
Michael J. Rigas to be Deputy Director, Office of Personnel
Management; and Emily W. Murphy to be Administrator, General
Services Administration. Ms. Murphy was introduced by Senator
McCaskill.
2017 Hurricane Season: Oversight of the Federal Response. October 31,
2017. (S. Hrg. 115-391)
The purpose of this single-panel hearing was to review the
Federal Government's past and present response to the 2017
hurricane season. The hearing highlighted response efforts by
Federal agencies and partners to Hurricanes Harvey, Irma, and
Maria, which caused significant damage to Texas, Florida,
Puerto Rico, and the U.S. Virgin Islands.
Witnesses: Hon. Brock Long, Administrator, Federal
Emergency Management Agency, U.S. Department of Homeland
Security; Robert G. Salesses, Deputy Assistant Secretary of
Defense for Homeland Defense Integration and Defense Support of
Civil Authorities, U.S. Department of Defense; Major General
Donald E. Jackson, Deputy Commanding General for Civil and
Emergency Operations, U.S. Army Corps of Engineers, U.S.
Department of Defense; and Hon. Robert P. Kadlec, M.D.,
Assistant Secretary for Preparedness and Response, U.S.
Department of Health and Human Services.
2020 Census: Examining Cost Overruns, Information Security, and
Accuracy. October 31, 2017. (S. Hrg. 115-444)
The purpose of this single-panel hearing was to discuss the
factors that led the Department of Commerce to increase the
cost estimate for the 2020 Census Program as well as what
actions the Department is taking to lower the costs and
operational risks of the 2020 Census. Secretary Ross described
the changes he has made since his nomination and the
Comptroller General explained why the Government Accountability
Office placed the 2020 Census on its 2017 High Risk List in
February 2017.
Witnesses: Hon. Wilbur L. Ross, Jr., Secretary, U.S.
Department of Commerce (accompanied by Ron S. Jarmin, Ph.D.,
Acting Director, U.S. Census Bureau); and Hon. Eugene L.
Dodaro, Comptroller General of the United States, U.S.
Government Accountability Office.
Nominations of Hon. Ernest W. DuBester, Hon. Colleen D. Kiko, and James
T. Abbott to be Members, Federal Labor Relations Authority.
November 07, 2017. (S. Hrg. 115-420)
This one-panel hearing considered the nominations Hon.
Ernest W. DuBester to be a Member, Federal Labor Relations
Authority; Hon. Colleen D. Kiko to be a Member, Federal Labor
Relations Authority; and James T. Abbott to be a Member,
Federal Labor Relations Authority. Ms. Kiko was introduced by
Representative Jim Sensenbrenner.
Nomination of Kirstjen M. Nielsen to be Secretary, U.S. Department of
Homeland Security. November 08, 2017. (S. Hrg. 115-392)
This one-panel hearing considered the nomination of
Kirstjen M. Nielsen to be Secretary, U.S. Department of
Homeland Security. Ms. Nielsen was introduced by Senators Rob
Portman and Marco Rubio.
Adapting to Defend the Homeland Against the Evolving International
Terrorist Threat. December 06, 2017 (S. Hrg. 115-440)
The purpose of this single-panel hearing was to discuss the
changing threat landscape with the destruction of the so-called
ISIS ``caliphate'' and the challenges the Federal Government
faces in defending the homeland against threats--both around
the globe and here in the United States. The witnesses
described their agencies' specific roles in countering evolving
terrorist threats to the homeland, the resources and personnel
devoted to the mission, as well as the challenges they face.
Witnesses: Mark E. Mitchell, Acting Assistant Secretary of
Defense for Special Operations/Low-Intensity Conflict, U.S.
Department of Defense; Lora Shiao, Acting Director for
Intelligence, National Counterterrorism Center, Office of the
Director of National Intelligence; Nikki L. Floris, Deputy
Assistant Director for Counterterrorism, Federal Bureau of
Investigation, U.S. Department of Justice; and Robin Taylor,
Acting Deputy Under Secretary for Intelligence & Analysis, U.S.
Department of Homeland Security.
Nomination of Margaret M. Weichert to be Deputy Director for
Management, Office of Management and Budget. December 14, 2017.
(S. Hrg. 115-427)
This one-panel hearing considered the nomination of
Margaret M. Weichert to be Deputy Director for Management,
Office of Management and Budget.
Unintended Consequences: Medicaid and the Opioid Epidemic. January 17,
2018. (S. Hrg. 115-441)
The purpose of this single-panel hearing was to examine the
relationship between the Medicaid program and the ongoing
opioid epidemic. The witnesses drew on their experiences to
discuss whether Medicaid incentivizes and facilitates opioid-
related fraud and abuse.
Witnesses: Sam Adolphsen, Former Chief Operating Officer at
the Department of Health and Human Services, State of Maine,
and Vice President, Rockwood Solutions; J. Otto Schalk,
Prosecuting Attorney, Harrison County, State of Indiana;
Emmanuel Tyndall, Inspector General, State of Tennessee; David
A. Hyman, M.D., Professor of Law, Georgetown University Law
Center; and Andrew Kolodny, M.D., Co-Director of Opioid Policy
Research, The Heller School for Social Policy and Management,
Brandeis University.
ROUNDTABLE--Reauthorizing DHS: Positioning DHS to Address New and
Emerging Threats to the Homeland. February 07, 2018. (S. Hrg.
115-457)
The purpose of this roundtable was to examine the need for
a reauthorization of the Department of Homeland Security as the
Committee considers H.R. 2825, The Department of Homeland
Security Authorization Act. The participants from DHS discussed
the need for reauthorization and the participants from the
Government Accountability Office and the Office of the
Inspector General discussed their recommendations for policy
and programmatic reforms at DHS.
Participants: Hon. Elaine C. Duke, Deputy Secretary, U.S.
Department of Homeland Security (accompanied by Christopher
Krebs, Senior Official Performing the Duties of the Under
Secretary, National Protection and Programs Directorate, U.S.
Department of Homeland Security); Hon. Claire M. Grady, Under
Secretary for Management, U.S. Department of Homeland Security;
George A. Scott, Managing Director, Homeland Security and
Justice, U.S. Government Accountability Office (accompanied by
Chris Currie, Director, Emergency Management and National
Preparedness Issues, U.S. Government Accountability Office);
and John V. Kelly, Acting Inspector General, U.S. Department of
Homeland Security.
FEMA: Prioritizing a Culture of Preparedness. April 11, 2018. (S. Hrg.
115-442)
The purpose of this single-panel hearing was to review the
response by Federal Agencies and partners to natural disasters
that occurred in 2017. Specifically, Administrator Long
described lessons learned from the 2017 hurricane season, as
well as efforts to increase resiliency for emergency management
efforts at the Federal, State and local levels.
Witnesses: Hon. William ``Brock'' Long, Administrator,
Federal Emergency Management Agency, U.S. Department of
Homeland Security.
Nominations of Hon. David Williams, Hon. Robert M. Duncan, and Calvin
R. Tucker to be Governors, U.S. Postal Service. April 18, 2018.
(S. Hrg. 115-450)
This one-panel hearing considered the nominations of Hon.
David Williams, Hon. Robert M. Duncan, and Calvin R. Tucker to
be Governors, U.S. Postal Service. Mr. Duncan was introduced by
Senators Mitch McConnell and Rand Paul.
Mitigating America's Cybersecurity Risk. April 24, 2018. (S. Hrg. 115-
475)
The purpose of this single-panel hearing was to examine how
effective DHS programs are at mitigating cybersecurity risks
for government and private-sector networks. The witnesses
testified about these programs as well as the steps that have
been taken by DHS to assist State election security efforts.
Witnesses: Jeanette Manfra, Assistant Secretary, Office of
Cybersecurity & Communications, National Protection and
Programs Directorate, U.S. Department of Homeland Security;
Gregory C. Wilshusen, Director of Information Security Issues,
U.S. Government Accountability Office; and Hon. Eric Rosenbach,
Co-Director, Belfer Center for Science and International
Affairs, John F. Kennedy School of Government, Harvard
University.
Nomination of Christopher C. Krebs to be Under Secretary, National
Protection and Programs Directorate, U.S. Department of
Homeland Security. April 25, 2018. (S. Hrg. 115-445)
This one-panel hearing considered the nomination of
Christopher C. Krebs to be Under Secretary, National Protection
and Programs Directorate, U.S. Department of Homeland Security.
Authorities and Resources Needed to Protect and Secure the United
States. May 15, 2018. (S. Hrg. 115-465)
The purpose of this single-panel hearing was to discuss the
need for reauthorization, as well as additional resources and
authorities needed by DHS in light Departmental priorities.
Secretary Nielson discussed efforts to secure the border,
strengthen the DHS work force, and mitigate cybersecurity
risks.
Witnesses: Hon. Kirstjen M. Nielsen, Secretary, U.S.
Department of Homeland Security.
Nominations of Emory A. Rounds III to be Director, Office of Government
Ethics; Kelly A. Higashi to be an Associate Judge, DC Superior
Court; and Frederick M. Nutt to be Controller, Office of
Federal Financial Management, Office of Management and Budget.
May 23, 2018. (S. Hrg. 115-472)
This one-panel hearing considered the nominations of Emory
A. Rounds III to be Director, Office of Government Ethics;
Kelly A. Higashi to be an Associate Judge, DC Superior Court;
and Frederick M. Nutt to be Controller, Office of Federal
Financial Management, Office of Management and Budget. Mr.
Rounds was introduced by Senator Angus S. King, Jr. Ms. Higashi
was introduced by Delegate Eleanor Holmes Norton.
S. 2836, the Preventing Emerging Threats Act of 2018: Countering
Malicious Drones. June 06, 2018. (S. Hrg. 115-476)
The purpose of this single-panel hearing was to examine the
emerging threat that malicious unmanned aircraft systems (UAS)
pose to public safety and homeland security. The witnesses
spoke generally about the threat landscape as well as the
specific authorities needed by the Federal Government to
address these risks. Furthermore, each witness indicated how S.
2836 would help DHS and DOJ in their missions to protect the
homeland from security threats involving UAS.
Witnesses: Hon. David J. Glawe, Under Secretary, Office of
Intelligence and Analysis, U.S. Department of Homeland
Security; Hayley Chang, Deputy General Counsel, U.S. Department
of Homeland Security; Scott Brunner, Deputy Assistant Director,
Federal Bureau of Investigation, U.S. Department of Justice;
and Angela H. Stubblefield, Deputy Associate Administrator,
Security and Hazardous Materials Safety, Federal Aviation
Administration, U.S. Department of Transportation.
ROUNDTABLE--Examining the Chemical Facility Anti-Terrorism Standards
Program. June 12, 2018. (S. Hrg. 115-477)
The purpose of this roundtable was to examine the
effectiveness of the Chemical Facility Anti-Terrorism Standards
(CFATS) program as the Committee considers reauthorization. The
participants described which aspects of the program have been
working well and which areas can be further improved.
Participants: David Wulf, Acting Deputy Assistant Secretary
for Infrastructure Protection, National Protection and Programs
Directorate, U.S. Department of Homeland Security; Christopher
P. Currie, Director, Homeland Security and Justice Team, U.S.
Government Accountability Office; Randall Eppli, President and
CEO, Columbus Chemical Industries, Inc.; Justin Louchheim,
Director, Government Affairs, The Fertilizer Institute; Debra
S. Satkowiak, President, Institute of Makers of Explosives;
Linda Menendez, Director of Operations, Austin Powder Company;
William Erny, Senior Director, American Chemistry Council;
Jesse LeGros, Jr., Vice President, Infrastructure Protection,
AFGE National Local #918; and Jennifer Gibson, Vice President,
Regulatory Affairs, National Association of Chemical
Distributors.
Medicaid Fraud and Overpayments: Problems and Solutions. June 27, 2018.
(S. Hrg. 115-543)
The purpose of this single-panel hearing was to discuss the
Medicaid program's vulnerability to fraud and overpayments. The
witnesses described their office's oversight of the Centers for
Medicare and Medicaid Service's (CMS) efforts to combat
Medicaid fraud and overpayments.
Witnesses: Hon. Eugene L. Dodaro, Comptroller General of
the United States, U.S. Government Accountability Office; and
Brian P. Ritchie, Assistant Inspector General for Audit
Services, U.S. Department of Health and Human Services.
Reviewing the Administration's Government Reorganization Proposal. July
18, 2018. (S. Hrg. 115-547)
The purpose of this single-panel hearing was to discuss the
Administration's recently released government reorganization
proposal, entitled, ``Delivering Government Solutions in the
21st Century: Reform Plan and Reorganization Recommendations.''
The Deputy Director described OMB's vision for modernizing and
streamlining the Federal Government to improve accountability,
effectiveness, efficiency, and stewardship of taxpayer dollars.
Witnesses: Hon. Margaret Weichert, Deputy Director for
Management, Office of Management and Budget.
Nominations of Dennis D. Kirk to be Chairman, Merit Systems Protection
Board; Hon. Julia A. Clark and Andrew F. Maunz to be Members,
Merit Systems Protection Board; and Carmen G. McLean to be an
Associate Judge, Superior Court of the District of Columbia.
July 19, 2018. (S. Hrg. 115-546)
This one-panel hearing considered the nominations of Dennis
D. Kirk to be Chairman, Merit Systems Protection Board; Hon.
Julia A. Clark and Andrew F. Maunz to be Members, Merit Systems
Protection Board; and Carmen G. McLean to be an Associate
Judge, Superior Court of the District of Columbia.
Examining CMS's Efforts for Fight Medicaid Fraud and Overpayments.
August 21, 2018. (S. Hrg. 115-543)
The purpose of this single panel hearing was to examine
Medicaid's vulnerability to fraud and overpayments, and the
efforts of the Centers for Medicare and Medicaid Services (CMS)
to safeguard taxpayer dollars in the Medicaid program as a
followup to the June 27, 2018, hearing and program initiative
announced by CMS.
Witnesses: Hon. Seema Verma, Administrator, Centers for
Medicare & Medicaid Services, U.S. Department of Health and
Human Services; and Hon. Eugene L. Dodaro, Comptroller General
of the United States, U.S. Government Accountability Office.
Nominations of William N. Bryan to be Under Secretary for Science &
Technology, U.S. Department of Homeland Security, and Peter T.
Gaynor to be Deputy Administrator, Federal Emergency Management
Agency, U.S. Department of Homeland Security. August 22, 2018.
This one-panel hearing considered the nominations of
William N. Bryan to be Under Secretary for Science &
Technology, U.S. Department of Homeland Security, and Peter T.
Gaynor to be Deputy Administrator, Federal Emergency Management
Agency, U.S. Department of Homeland Security. Mr. Gaynor was
introduced by Senator Jack Reed.
Evolving Threats to the Homeland. September 13, 2018.
The purpose of this single-panel hearing was to increase
the public's awareness of underappreciated threats to the
homeland that, if not mitigated, could significantly damage the
Nation's critical infrastructure and/or disrupt people's lives.
Topics covered included threats from cyberspace, drones,
electromagnetic pulses and geo-magnetic disturbances, and
supply chain vulnerabilities from information and communication
technology.
Witnesses: Kevin Mandia, Chief Executive Officer, FireEye,
Inc.; Cathy Lanier, Senior Vice President of Security, National
Football League; Scott McBride, Manager, Infrastructure
Security Department, Idaho National Laboratory; and Jennifer
Bisceglie, President and Chief Executive Officer, Interos
Solutions, Inc.
The Implications of the Flores Settlement Agreement for Border Security
and Illegal Immigration Incentives. September 18, 2018.
The purpose of this single-panel hearing was to examine
what effects the 2015 reinterpretation of the Flores settlement
agreement has had on U.S. border security and immigration, as
well as the factors that lead to illegal immigration. Witnesses
were also asked to address any legislative action necessary to
reduce illegal immigration, as well as any additional resources
and authorities needed to better secure the United States'
southwest border.
Witnesses: Matthew Albence, Executive Associate Director,
U.S. Immigration and Customs Enforcement, U.S. Department of
Homeland Security; Robert Perez, Acting Deputy Commissioner,
U.S. Customs and Border Protection, U.S. Department of Homeland
Security; Joseph Edlow, Acting Deputy Assistant Attorney
General, U.S. Department of Justice; and Rebecca Gambler,
Director, Homeland Security and Justice, U.S. Government
Accountability Office.
Nominations of Hon. Steven D. Dillingham, Ph.D., to be Director of the
Census, U.S. Department of Commerce, and Michael M. Kubayanda
to be a Commissioner, Postal Regulatory Commission. October 3,
2018.
This one-panel hearing considered the nominations of Hon.
Steven D. Dillingham, Ph.D., to be Director of the Census, U.S.
Department of Commerce, and Michael M. Kubayanda to be a
Commissioner, Postal Regulatory Commission.
Threats to the Homeland. October 10, 2018.
The purpose of this single-panel hearing was to update the
public's understanding of prevailing threats to the homeland
and how Federal agencies are countering those threats. The
witnesses addressed the most pressing domestic and foreign
threats as determined by their respective agencies.
Witnesses: Hon. Kirstjen M. Nielsen, Secretary, U.S.
Department of Homeland Security; Hon. Christopher A. Wray,
Director, Federal Bureau of Investigation, U.S. Department of
Justice; and Russell E. Travers, Acting Director, National
Counterterrorism Center, Office of the Director of National
Intelligence.
Nominations of Ronald D. Vitiello to be Assistant Secretary for
Immigration and Customs Enforcement, U.S. Department of
Homeland Security, and Richard S. Tischner, Jr., to Director,
Court Services and Offender Supervision Agency, District of
Columbia. November 15, 2018.
This one-panel hearing considered the nominations of Ronald
D. Vitiello to be Assistant Secretary for Immigration and
Customs Enforcement, U.S. Department of Homeland Security, and
Richard S. Tischner, Jr., to Director, Court Services and
Offender Supervision Agency, District of Columbia.
V. REPORTS, PRINTS, AND GAO REPORTS
During the 115th Congress, the Committee prepared and
issued 93 reports and 2 Committee Prints on the following
topics. Reports issued by Subcommittees are listed in their
respective sections of this document.
COMMITTEE REPORTS
Activities of the Committee on Homeland Security and
Governmental Affairs and its Subcommittees for the One Hundred
Fourteenth Congress. S. Rept. 115-12.
To provide for the reimbursement for the use of modern
travel services by Federal employees traveling on official
Government business and for other purposes. S. Rept. 115-31,
re. H.R. 274.
To amend the Homeland Security Act of 2002 to make the
Assistant Secretary of Homeland Security for Health Affairs
responsible for coordinating the efforts of the Department of
Homeland Security related to food, agriculture, and veterinary
defense against terrorism, and for other purposes. S. Rept.
115-29, re. S. 500.
To prohibit the use of Federal funds for the costs of
painting portraits of officers and employees of the Federal
Government. S. Rept. 115-28, re. S. 188.
To amend the Homeland Security Act of 2002 to direct the
Under Secretary for management of the Department of Homeland
Security to make certain improvements in managing the
Department's vehicle fleet, and for other purposes. S. Rept.
115-32, re. H.R. 366.
To amend Title 5, United States Code, to extend certain
protections against prohibited personnel practices, and for
other purposes. S. Rept. 115-30, re. S. 576.
To provide taxpayers with an annual report disclosing the
cost and performance of Government programs and areas of
duplication among them, and for other purposes. S. Rept. 115-
34, re. S. 317.
To provide greater whistleblower protections for Federal
employees, increased awareness of Federal whistleblower
protections, and increased accountability and required
discipline for Federal supervisors who retaliate against
whistleblowers, and for other purposes. S. Rept. 115-44, re. S.
585.
To restrict the inclusion of Social Security account
numbers on documents sent by mail by the Federal Government,
and for other purposes. S. Rept. 115-62, re. S. 218.
To reauthorize the Office of Special Counsel, and for other
purposes. S. Rept. 115-74, re. S. 582.
To designate the area between the intersections of
Wisconsin Avenue, Northwest and Davis Street, Northwest and
Wisconsin Avenue, Northwest and Edmunds Street, Northwest in
Washington, District of Columbia, as ``Boris Nemtsov Plaza'',
and for other purposes. S. Rept. 115-119, re. S. 459.
To require agencies to publish in advance notice of
proposed rulemake for major rules. S. Rept. 115-121, re. S.
579.
To require each agency, in providing notice of a
rulemaking, to include a link to a 100 word plain language
summary of the proposed rule. S. Rept. 115-120, re. S. 577.
To provide for the identification and prevention of
improper payments and the identification of strategic sourcing
opportunities by reviewing and analyzing the use of Federal
agency charge cards. S. Rept. 115-129, re. S. 1099.
To amend Title 5, United States Code, to appropriately
limit the authority to award bonuses to Federal employees. S.
Rept. 115-127, re. S. 696.
To reauthorize the Assistance to Firefighters Grants
Program, The Fire Prevention and Safety Grants Program, and the
staffing for Adequate Fire and Emergency Response Grant
Program, and other purposes. S. Rept. 115-128, re. S. 829.
To provide U.S. Customs and Border Protection with
additional flexibility to expedite the hiring process for
applicants for law enforcement positions, and for other
purposes. S. Rept. 115-133, re. S. 595.
To expand the Government's use and administration of data
to facilitate transparency, effective governance, and
innovation, and for other purposes. S. Rept. 115-134, re. S.
760.
To permanently authorize the Asia-Pacific Economic
Cooperation Business Travel Card Program. S. Rept. 115-140, re.
S. 504.
To amend the Homeland Security Act of 2002 to require the
Secretary of Homeland Security to issue department-wide
guidance and to develop training programs as part of the
Department of Homeland Security Blue Campaign, and for other
purposes. S. Rept. 115-157, re. S. 1103.
To require the collection of voluntary feedback on services
provided by agencies, and for other purposes. S. Rept. 115-156,
re. S. 1088.
To require the administrator of the Federal Emergency
Management Agency to submit a report regarding certain plans
regarding assistance to applicants and grantees during the
response to the emergency or disaster. S. Rept. 115-158, re.
H.R. 1117.
To ensure that the Federal Emergency Management Agency's
current efforts to modernize its grant management system
includes applicant accessibility and transparency, and for
other purposes. S. Rept. 115-159, re. H.R. 1679.
To prohibit Federal agencies and Federal contractors from
requesting that an applicant for employment disclose criminal
history record information before the applicant has received a
conditional offer, and for other purposes. S. Rept. 115-162,
re. S. 842.
To amend Title 5, United States Code, to require that the
Office of Personnel Management submit an annual report to
Congress relating to the use of official time by Federal
employees. S. Rept. 115-167, re. H.R. 1293.
To amend the Homeland Security Act of 2002 to provide for
congressional notification regarding major acquisition program
breaches, and for other purposes. S. Rept. 115-165, re. S. 906.
To amend Chapter 8 of Title 5, United States Code, to
provide for en bloc consideration in resolutions of disapproval
for ``Midnight Rules'', and for other purposes. S. Rept. 115-
164, re. S. 34.
To require notice of cost-free Federal procurement
technical assistance in connection with registration of small
business concerns in procurement systems. S. Rept. 115-166, re.
S. 938.
To amend Chapter 8 of Title 5, United States Code, to
provide that major rules of the executive branch shall have no
force or effect unless a joint resolution of approval is
enacted into law. S. Rept. 115-169, re. S. 21.
To amend the Ethics in Government Act of 1978 to
reauthorize The Judicial Conference of the United States to
redact sensitive information contained in financial disclosure
reports of judicial officers and employees, and for other
purposes. S. Rept. 115-172, re. S. 1584.
To amend the Homeland Security Act of 2002 to establish an
acquisition review board in the Department of Homeland
Security, and for other purposes. S. Rept. 115-170, re. S. 886.
To direct the Secretary of Homeland Security to provide for
an option under the Secure Mail Initiative under which a person
to whom a document is sent under that initiative may elect to
have the United States Postal Service use the hold for pickup
service or the signature confirmation service in delivering the
document, and for other purposes. S. Rept. 115-171, re. S.
1208.
To ensure the effective processing of mail by Federal
agencies, and for other purposes. S. Rept. 115-176, re. H.R.
194.
To amend the Homeland Security Act of 2002 to reauthorize
the Border Enforcement Security Task Force Program within the
Department of Homeland Security, and for other purposes. S.
Rept. 115-179, re. S. 1199.
To amend Title 44, United States Code, to restrict the
distribution of free printed copies of the Federal register to
Members of Congress and other officers and employees of the
United States, and for other purposes. S. Rept.115-184, re.
H.R. 195.
To amend Section 8433 of Title 5, United States Code, to
provide for flexibility in making withdrawals from the Thrift
Savings Fund. S. Rept. 115-183, re. S. 873.
To require the Director of the National Background
Investigations Bureau to submit a report on the backlog of
personnel security clearance investigations, and for other
purposes. S. Rept. 115-185, re. H.R. 3210.
To amend subchapter 1 of Chapter 31 of Title 5, United
States Code, to authorize agencies to make noncompetitive
temporary and term appointments in the competitive service. S.
Rept. 115-189, re. S. 1886.
To reauthorize and rename the position of Whistleblower
Ombudsman to be the Whistleblower Protection Coordinator. S.
Rept. 115-196, re. S. 1869.
To require a new or updated Federal website that is
intended for use by the public to be more mobile friendly, and
for other purposes. S. Rept. 115-195, re. S. 1769.
To amend Chapter 6 of Title 5, United States Code (commonly
known as the ``Regulatory Flexibility Act''), to ensure
complete analysis of potential impacts on small entities of
rules, and for other purposes. S. Rept. 115-194, re. S. 584.
To amend the Homeland Security Act of 2002 to ensure that
the needs of children are considered in Homeland Security,
Trafficking, and Disaster Recovery Planning, and for other
purposes. S. Rept. 115-202, re. S. 1847.
Direct Hire of Students and Recent Graduates Act of 2017.
S. Rept. 115-205, re. S. 1887.
To reform the process by which Federal agencies analyze and
formulate new regulations and guidance documents, and for other
purposes. S. Rept. 115-208, re. S. 951.
To provide for joint reports by relevant Federal agencies
to Congress regarding incidents of terrorism, and for other
purposes. S. Rept. 115-210, re. S. 1884.
To amend the Act of August 25, 1958, commonly known as the
``Former Presidents Act of 1958'', with respect to the monetary
allowance payable to a former president, and for other
purposes. S. Rept. 115-211, re. S. 1791.
To establish a bug bounty pilot program within the
Department of Homeland Security, and for other purposes. S.
Rept. 115-209, re. S. 1281.
To amend the Federal Advisory Committee Act to increase the
transparency of Federal Advisory Committees, and for other
purposes. S. Rept. 115-217, re. H.R. 70.
To amend Title 5, United States Code, to provide permanent
authority for judicial review of certain merit systems
protection board decisions relating to whistleblowers, and for
other purposes. S. Rept. 115-229, re. H.R. 2229.
To strengthen accountability for deployment of border
security technology at the Department of Homeland Security, and
for other purposes. S. Rept. 115-230, re. S. 146.
To provide for the appropriate use of bridge contracts in
Federal procurement, and for other purposes. S. Rept. 115-232,
re. S. 2413.
To amend Title 41, United States Code, to improve the
manner in which Federal contracts for design and construction
services are awarded, to prohibit the use of reverse auctions
for design and construction services procurements, and for
other purposes. S. Rept. 115-231, re. S. 2113.
To direct the Director of the Office of Management and
Budget to establish an interagency working group to study
Federal efforts to collect data on sexual violence and to make
recommendations on the harmonization of such efforts, and for
other purposes. S. Rept. 115-238, re. S. 2349.
To eliminate or modify certain audit mandates of the
Government Accountability Office. S. Rept. 115-239, re. S.
2400.
To amend Title 40, United States Code, to eliminate the
sunset of certain provisions relating to information
technology, to amend the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for fiscal year 2015
to extend the sunset relating to the Federal Data Center
Consolidation Initiative, and for other purposes. S. Rept. 115-
244, re. S. 1867.
To require the Council of Inspectors General on Integrity
and Efficiency to make open recommendations of Inspectors
General publicly available, and for other purposes. S. Rept.
115-245, re. S. 2178.
To increase access to agency guidance documents. S. Rept.
115-271, re. S. 2296.
To provide U.S. Customs and Border Protection with adequate
flexibility in its employment authorities. S. Rept. 115-270,
re. S. 1305.
To repeal the Multi-State Plan Program. S. Rept. 115-277,
re. S. 2221.
To require a Department of Homeland Security Overseas
Personnel Enhancement Plan, and for other purposes. S. Rept.
115-308, re. H.R. 4567.
To require disclosure by lobbyists of convictions for
bribery, extortion, embezzlement, illegal kickbacks, tax
evasion, fraud, conflicts of interest, making false Statements,
perjury, or money laundering. S. Rept. 115-317, re. S. 2896.
To require the Secretary of Homeland Security to develop
best practices for utilizing advanced passenger information and
passenger name record data for counterterrorism screening and
vetting operations, and for other purposes. S. Rept. 115-334,
re. H.R. 4581.
To require agencies to submit reports on outstanding
recommendations in the annual budget justification submitted to
Congress. S. Rept. 115-331, re. S. 2276.
To authorize the United States Postal Service to carry out
emergency suspensions of post offices in accordance with
certain procedures, and for other purposes. S. Rept. 115-329,
re. S. 1204.
To save taxpayer money and improve the efficiency and speed
of intragovernmental correspondence, and for other purposes. S.
Rept. 115-333, re. S. 3027.
To assist the Department of Homeland Security in preventing
emerging threats from unmanned aircraft and vehicles, and for
other purposes. S. Rept. 115-332, re. S. 2836.
To amend Title 5, United States Code, to increase the
maximum amount of a voluntary separation incentive payment and
to include and annual adjustment in accordance with the
consumer price index. S. Rept. 115-330, re. S. 1888.
To amend the Chapter 5 of Title 40, United States Code, to
improve the management of Federal personal property. S. Rept.
115-343, re. S. 3031.
To amend Title 5, United States Code, to allow
whistleblowers to disclose information to certain recipients.
S. Rept. 115-346, re. S. 2196.
To amend the Homeland Security Act of 2002 to make certain
improvements in the laws administered by the Secretary of
Homeland Security, and for other purposes. S. Rept. 115-351,
re. H.R. 2825.
To establish a narcotic drug screening technology pilot
program to combat illicit opioid importation and for other
purposes. S. Rept. 115-353, re. S. 3047.
To amend the Improper Payments Elimination and Recovery
Improvement Act of 2012, including making changes to the Do Not
Pay Initiative, for improved detection, prevention, and
recovery of improper payments to deceased individuals, and for
other purposes. S. Rept. 115-352, re. S. 2374.
To modernize Federal grant reporting, and for other
purposes. S. Rept. 115-354, re. S. 3484.
To amend the Homeland Security Act of 2002 to require the
Department of Homeland Security to develop an engagement
strategy with fusion centers, and for other purposes. S. Rept.
115-355, re. H.R. 5079.
To reauthorize the Chemical Facility Anti-Terrorism
Standards Program of the Department of Homeland Security. S.
Rept.
115-384, re. S. 3405.
To provide for reforming agencies of the Federal Government
to improve efficiency and effectiveness. S. Rept. 115-381, re.
S. 3137.
To amend the Presidential Transition Act of 1963 to improve
the orderly transfer of the executive power during Presidential
transitions. S. Rept. 115-386, re. S. 3487.
To amend Title 5, United States Code, to provide a 2-year
prohibition on employment in a career civil service position
for any former political appointee, and for other purposes. S.
Rept. 115-387, re. H.R. 1132.
To establish a Federal rotational cyber work force program
for the Federal cyber work force. S. Rept. 115-385, re. S.
3437.
To direct the Secretary of Homeland Security to establish a
data framework to provide access for appropriate personnel to
law enforcement and other information of the Department, and
for other purposes. S. Rept. 115-380, re. S. 2397.
To require executive agencies to consider rental in any
analysis for equipment acquisition, and for other purposes. S.
Rept.
115-383, re. S. 3251.
To provide agencies with discretion in securing information
technology and information systems. S. Rept. 115-382, re. S.
3208.
To provide for reforming agencies of the Federal Government
to improve efficiency and effectiveness. S. Rept. 115-381, re.
S. 3137.
To amend the Presidential Transition Act of 1963 to improve
the orderly transfer of the executive power during Presidential
transitions. S. Rept. 115-386, re. S. 3487.
To authorize cyber incident response teams at The
Department of Homeland Security, and for other purposes. S.
Rept. 115-412, re. S. 3309.
To amend the Homeland Security Act of 2002 to establish the
Office of Biometric Identity Management, and for other
purposes. S. Rept. 115-413, re. H.R. 5206.
To establish a Federal Acquisition Security Council and to
provide executive agencies with authorities relating to
mitigating supply chain risks in the procurement of information
technology, and for other purposes. S. Rept. 115-408, re. S.
3085.
To authorize the Secretary of Homeland Security to work
with cybersecurity consortia for training, and for other
purposes. S. Rept. 115-410, re. S. 594.
To improve executive agency digital services, and for other
purposes. S. Rept. 115-418, re. S. 3050.
To amend the Homeland Security Act of 2002 to establish in
the Department of Homeland Security The Biometric
Identification Transnational Migration Alert Program, and for
other purposes. S. Rept. 115-419, re. H.R. 6439.
To provide for the expeditious disclosure of records
related to civil rights cold cases, and for other purposes. S.
Rept. 115-424, re. S. 3191.
To improve efforts to identify and reduce government wide
improper payments, and for other purposes. S. Rept. 115-445,
re. S. 2948.
To provide for additional safeguards with respect to
imposing Federal mandates, and for other purposes. S Rept. 115-
447, re. H.R. 50.
To amend the Homeland Security Act of 2002 to provide for
innovative research and development, and for other purposes. S.
Rept. 115-444, re. S. 278.
To amend the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to provide for disaster recovery
reforms, and for other purposes. S. Rept. 115-446, re. S. 3041.
COMMITTEE PRINTS
The Committee issued the following Committee Prints during
the 115th Congress:
Rules of Procedure. Committee on Homeland Security and
Governmental Affairs. (Printed. 40 pp. S. Prt. 115--9)
Rules of Procedure. Senate Permanent Subcommittee on
Investigations on Homeland Security and Governmental Affairs.
(Printed. 23 pp. S. Prt. 115-11)
GAO REPORTS
Also during the 115th Congress, the Government
Accountability Office (GAO) issued 152 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.
Foster Care: HHS Has Taken Steps To Support States'
Oversight Of Psychotropic Medications, But Additional
Assistance Could Further Collaboration. GAO-17-129. January 5,
2017.
Medicaid: Program Oversight Hampered By Data Challenges,
Underscoring Need For Continued Improvements. GAO-17-173.
January 6, 2017.
Grants Management: Selected Agencies Should Clarify Merit-
Based Award Criteria And Provide Guidance For Reviewing
Potentially Duplicative Awards. GAO-17-113. January 12, 2017.
2020 Census: Additional Actions Could Strengthen Field Data
Collection Efforts. GAO-17-191. January 26, 2017.
Cybersecurity: DHS's National Integration Center Generally
Performs Required Functions But Needs To Evaluate Its
Activities More Completely. GAO-17-163. February 1, 2017.
Federal Disaster Assistance: FEMA's Progress In Aiding
Individuals With Disabilities Could Be Further Enhanced. GAO-
17-200. February 7, 2017.
Critical Infrastructure Protection: Additional Actions By
DHS Could Help Identify Opportunities To Harmonize Access
Control Efforts. GAO-17-182. February 7, 2017.
Drug-Free Communities Support Program: Agencies Have
Strengthened Collaboration But Could Enhance Grantee Compliance
And Performance Monitoring. GAO-17-120. February 7, 2017.
Southwest Border Security: Additional Actions Needed To
Better Assess Fencing's Contributions To Operations And Provide
Guidance For Identifying Capability Gaps. GAO-17-331. February
16, 2017.
Federal Real Property: Government-Wide Building Disposal
Data Generally Reliable, But Opportunities For Further
Improvements Exist. GAO-17-321. March 2, 2017.
Embassy Construction: State Needs To Better Measure
Performance Of Its New Approach. GAO-17-296. March 16, 2017.
Immigration Status Verification For Benefits: Actions
Needed To Improve Effectiveness And Oversight. GAO-17-204.
March 23, 2017.
2016 Lobbying Disclosure: Observations On Lobbyists'
Compliance With Disclosure Requirements. GAO-17-385. March 31,
2017.
Countering Violent Extremism: Actions Needed To Define
Strategy And Assess Progress Of Federal Efforts. GAO-17-300.
April 6, 2017.
Homeland Security Acquisitions: Earlier Requirements
Definition And Clear Documentation Of Key Decisions Could
Facilitate Ongoing Progress. GAO-17-346SP. April 6, 2017.
Federal Contracts: Agencies Widely Used Indefinite
Contracts To Provide Flexibility To Meet Mission Needs. GAO-17-
329. April 13, 2017.
Homeland Security Acquisitions: Identifying All Non-Major
Acquisitions Would Advance Ongoing Efforts To Improve
Management. GAO-17-396. April 13, 2017.
Performance Partnerships: Agencies Need To Better Identify
Resource Contributions To Sustain Disconnected Youth Pilot
Programs And Data To Assess Pilot Results. GAO-17-208. April
18, 2017.
Countering ISIS And Its Effects: Key Issues For Oversight.
GAO-17-354SPC. April 20, 2017.
2017 Annual Report: Additional Opportunities To Reduce
Fragmentation, Overlap, And Duplication And Achieve Other
Financial Benefits. GAO-17-491SP. April 26, 2017,
Data Act: Offices Of Inspector General Reports Help
Identify Agencies' Implementation Challenges. GAO-17-460. April
26, 2017.
Data Act: As Reporting Deadline Nears, Challenges Remain
That Will Affect Data Quality. GAO-17-496. April 28, 2017.
Memory Supplements: Clarifying FDA And FTC Roles Could
Strengthen Oversight And Enhance Consumer Awareness.
GAO-17-416. May 16, 2017.
Service Contracts: Agencies Should Take Steps To More
Effectively Use Independent Government Cost Estimates. GAO-17-
398. May 17, 2017.
Homeland Security: Progress Made To Implement It Reform,
But Additional Chief Information Officer Involvement Needed.
GAO-17-284. May 18, 2017.
Data Center Optimization: Agencies Need To Complete Plans
To Address Inconsistencies In Reported Savings. GAO-17-388. May
18, 2017.
Telecommunications: Additional Action Needed To Address
Significant Risks In FCC's Lifeline Program (Report). GAO-17-
538. May 30, 2017.
Improper Payments: Additional Guidance Could Help Ensure
More Consistent Compliance Determinations And Reporting By
Inspectors General. GAO-17-484. May 31, 2017.
Immigration Courts: Actions Needed To Reduce Case Backlog
And Address Long-Standing Management And Operational
Challenges. GAO-17-438. June 1, 2017.
Refugees: Actions Needed By State Department And DHS To
Further Strengthen Applicant Screening Process And Assess Fraud
Risks. GAO-17-444SU. June 7, 2017.
Refugees: State And Its Partners Have Implemented Several
Antifraud Measures But Could Further Reduce The Risk Of Staff
Fraud. GAO-17-446SU. June 7, 2017
Open Innovation: executive branch Developed Resources To
Support Implementation, But Guidance Could Better Reflect
Leading Practices. GAO-17-507. June 8, 2017.
U.S. Postal Service: Key Considerations For Potential
Changes To USPS's Monopolies. GAO-17-543. June 22, 2017.
Army Contracting: Leadership Lacks Information Needed To
Effectively Evaluate And Improve Operations. GAO-17-457. June
22, 2017.
Critical Infrastructure Protection: DHS Has Fully
Implemented Its Chemical Security Expedited Approval Program,
And Participation To Date Has Been Limited. GAO-17-502. June
29, 2017.
Investigational New Drugs: FDA Has Taken Steps To Improve
The Expanded Access Program But Should Further Clarify How
Adverse Events Data Are Used. GAO-17-564. July 11, 2017.
Management Export: Improvements Needed In Controls Over The
Processes Used To Prepare The U.S. Consolidated Financial
Statements. GAO-17-524. July 12, 2017.
Federal Emergency Management Agency: Additional Actions
Needed To Improve Handling Of Employee Misconduct Allegations.
GAO-17-613. July 18, 2017.
2020 Census: Bureau Needs To Better Leverage Information To
Achieve Goals Of Reengineered Address Canvassing. GAO-17-622.
July 20, 2017.
Information Security: Control Deficiencies Continue To
Limit IRS's Effectiveness In Protecting Sensitive Financial And
Taxpayer Data (FOUO). GAO-17-394SU. July 26, 2017.
Information Security: Control Deficiencies Continue To
Limit IRS's Effectiveness In Protecting Sensitive Financial And
Taxpayer Data (Public). GAO-17-395. July 26, 2017.
2020 Census: Bureau Is Taking Steps To Address Limitations
Of Administrative Records. GAO-17-664. July 26, 2017.
Federal Contracting: Improvements Needed In How Some
Agencies Report Personal Services Contracts. GAO-17-610. July
27, 2017.
Surface Transportation: A Comprehensive Plan Could
Facilitate Implementation Of A National Performance Management
Approach. GAO-17-638. July 27, 2017.
Refugees: Actions Needed By State Department And DHS To
Further Strengthen Applicant Screening Process And Assess Fraud
Risks (Public Version). GAO-17-706. July 31, 2017.
International Mail Security: Costs And Benefits Of Using
Electronic Data To Screen Mail Need To Be Assessed. GAO-17-606.
August 2, 2017.
Aviation Security: Actions Needed To Systematically
Evaluate Cost And Effectiveness Across Security
Countermeasures.
GAO-17-602C. August 16, 2017.
Personnel Practices: Actions Needed To Improve
Documentation Of OPM Decisions On Conversion Requests. GAO-17-
674. August 28, 2017.
Aviation Security: TSA Has Made Progress Implementing
Requirements In The Aviation Security Act Of 2016. GAO-17-662.
September 7, 2017.
Aviation Security: Actions Needed To Systematically
Evaluate Cost And Effectiveness Across Security Countermeasures
(Public Version). GAO-17-794. September 11, 2017.
DHS Financial Management: Better Use Of Best Practices
Could Help Manage System Modernization Project Risks. GAO-17-
799. September 26, 2017.
Federal Contracting: Additional Management Attention And
Action Needed To Close Contracts And Reduce Audit Backlog.
GAO-17-738. September 28, 2017.
Federal Programs: Information Architecture Offers A
Potential Approach For Development Of An Inventory. GAO-17-739.
September 28, 2017.
Federal Information Security: Weaknesses Continue To
Indicate Need For Effective Implementation Of Policies And
Practices. GAO-17-549. September 28, 2017.
Whistleblower Protection: Opportunities Exist For DOD To
Improve The Timeliness And Quality Of Civilian And Contractor
Reprisal Investigations. GAO-17-506. September 29, 2017.
Managing For Results: Further Progress Made In Implementing
The GPRA Modernization Act, But Additional Actions Needed To
Address Pressing Governance Challenges. GAO-17-775. September
29, 2017.
Program Evaluation: Annual Agency-Wide Plans Could Enhance
Leadership Support For Program Evaluations. GAO-17-743.
September 29, 2017.
Southwest Border Security: Actions Needed To Enhance CBP's
Maintenance Of Roads Used For Its Operations. GAO-18-11.
October 4, 2017.
Biodefense: Federal Efforts To Develop Biological Threat
Awareness. GAO-18-155. October 11, 2017.
Federal Regulations: Key Considerations For Agency Design
And Enforcement Decisions. GAO-18-22. October 19, 2017.
DOD Financial Management: Additional Actions Needed To
Complete The Army's Analyses Of Unsupported Accounting Entries
For Its General Fund. GAO-18-27. October 20, 2017.
Critical Infrastructure Protection: DHS Risk Assessments
Inform Owner And Operator Protection Efforts And Strategic
Planning. GAO-18-62. October 30, 2017.
Border Patrol: Issues Related To Agent Deployment Strategy
And Immigration Checkpoints. GAO-18-50. November 8, 2017.
Disaster Assistance: Opportunities To Enhance
Implementation Of The Redesigned Public Assistance Grant
Program. GAO-18-30. November 8, 2017.
Data Act: OMB, Treasury And Agencies Need To Improve
Completeness And Accuracy Of Spending Data And Disclose
Limitations. GAO-18-138. November 8, 2017.
Financial Audit: IRS's Fiscal Years 2017 And 2016 Financial
Statements. GAO-18-165. November 9, 2017.
Financial Audit: Bureau Of The Fiscal Service's Fiscal
Years 2017 And 2016 Schedules Of Federal Debt. GAO-18-134.
November 9, 2017.
Improper Payments: Most Selected Agencies Improved
Procedures To Help Ensure Risk Assessments Of All Programs And
Activities. GAO-18-36. November 16, 2017.
Southwest Border: Border Patrol Is Deploying Surveillance
Technologies But Needs To Improve Data Quality And Assess
Effectiveness. GAO-18-119. November 30, 2017.
Medicare And Medicaid: CMS Needs To Fully Align Its
Antifraud Efforts With The Fraud Risk Framework. GAO-18-88.
December 5, 2017.
Personnel Security Clearances: Additional Actions Needed To
Address Quality, Timeliness, And Investigation Backlog. GAO-18-
26SU. December 7, 2017.
Medicaid: Further Action Needed To Expedite Use Of National
Data For Program Oversight. GAO-18-70. December 8, 2017.
Disaster Recovery: Additional Actions Would Improve Data
Quality And Timeliness Of FEMA's Public Assistance Appeals
Processing. GAO-18-143. December 15, 2017.
Border Security: Actions Needed To Strengthen Performance
Management And Planning For Expansion Of DHS's Visa Security
Program. GAO-18-104SU. December 19, 2017.
Transportation Security Administration: After Oversight
Lapses, Compliance With Policy Governing Special Authority Has
Been Strengthened. GAO-18-172. December 21, 2017.
Federal Buildings: GSA Should Establish Goals And
Performance Measures To Manage The Smart Buildings Program.
GAO-18-200. January 30, 2018.
Cybersecurity Workforce: Urgent Need For DHS To Take
Actions To Identify Its Position And Critical Skill
Requirements. GAO-18-175. February 6, 2018.
Critical Infrastructure Protection: Electricity Suppliers
Have Taken Actions To Address Electromagnetic Risks, And
Additional Research Is Ongoing. GAO-18-67. February 7, 2018.
Department Of Education: Resource And Achievement Trends.
GAO-18-154. February 7, 2018.
Federal Law Enforcement: DHS And DOJ Are Working To Enhance
Responses To Incidents Involving Individuals With Mental
Illness. GAO-18-229. February 8, 2018.
Federal Personal Property: Opportunities Exist To Improve
Identification Of Unneeded Property For Disposal. GAO-18-257.
February 16, 2018.
Railroad Retirement Board: Actions Needed To Improve The
Effectiveness And Oversight Of Continuing Disability Reviews.
GAO-18-287. February 21, 2018.
2017 Disaster Contracting: Observations On Federal
Contracting For Response And Recovery Efforts. GAO-18-335.
February 28, 2018.
NASA Contractor Whistleblowers: Steps Taken To Implement
Program But Improvements To Timeliness And Guidance Needed.
GAO-18-262. March 8, 2018.
Federal Buildings: Agencies Focus On Space Utilization As
They Reduce Office And Warehouse Space. GAO-18-304. March 8,
2018.
Inspectors General: Information On Vacancies And IG
Community Views On Their Impact. GAO-18-270. March 9, 2018.
Federal Rulemaking: OMB Should Work With Agencies To
Improve congressional Review Act Compliance During And At The
End Of Presidents' Terms. GAO-18-183. March 13, 2018.
U.S. Ports Of Entry: CPB Public-Private Partnership
Programs Have Benefits, But CBP Could Strengthen Evaluation
Efforts. GAO-18-268. March 15, 2018.
Border Security: Actions Needed To Strengthen Performance
Management And Expansion Planning For DHS's Visa Security
Program. GAO-18-314. March 20, 2018.
Financial Technology: Additional Steps By Regulators Could
Better Protect Consumers And Aid Regulatory Oversight. GAO-18-
254. March 22, 2018.
Federal Real Property: Agencies Make Some Use Of Telework
In Space Planning But Need Additional Guidance. GAO-18-319.
March 22, 2018.
Illicit Opioids: While Greater Attention Given To Synthetic
Opioids, Agencies Need To Better Assess Their Efforts. GAO-18-
205. March 29, 2018.
2017 Lobbying Disclosure: Observations On Lobbyists'
Compliance With Disclosure Requirements. GAO-18-388. March 30,
2018.
DHS Program Costs: Reporting Program-Level Operations And
Support Costs To Congress Would Improve Oversight. GAO-18-344.
April 25, 2018.
Emergency Communications: Increased Regional Collaboration
Could Enhance Capabilities. GAO-18-379. April 26, 2018.
2018 Annual Report: Additional Opportunities To Reduce
Fragmentation, Overlap, And Duplication And Achieve Other
Financial Benefits. GAO-18-371SP. April 26, 2018.
DOD Financial Management: The Navy Needs To Improve
Internal Control Over Its Buildings. GAO-18-289. May 10, 2018.
Collegiate Aviation Schools: Stakeholders' Views On
Challenges For Initial Pilot Training Programs. GAO-18-403. May
15, 2018.
Homeland Security Acquisitions: Leveraging Programs'
Results Could Further DHS' Progress To Improve Portfolio
Management. GAO-18-339SP. May 17, 2018.
Federal Buildings: More Consideration Of Operations And
Maintenance Costs Could Better Inform The Design Excellence
Program. GAO-18-420. May 22, 2018.
Data Center Optimization: Continued Agency Actions Needed
To Meet Goals And Address Prior Recommendations. GAO-18-264.
May 23, 2018.
Foster Care: Additional Actions Could Help HHS Better
Support States' Use Of Private Providers To Recruit And Retain
Foster Families. GAO-18-376. May 30, 2018.
Federal Judiciary: The Administrative Office Of The U.S.
Courts Should Ensure Financial Disclosure Redaction Reports Are
Submitted To Congress Annually. GAO-18-406. May 31, 2018.
Nonimmigrant Visas: Outcomes Of Applications, Screening And
Vetting Processes, And Changes In Response To 2017 Executive
Actions. GAO-18-286SU. June 8, 2018.
Southwest Border Security: CBP Is Evaluating Designs And
Locations For Border Barriers But Is Proceeding Without Key
Information (Sensitive). GAO-18-489SU. June 12, 2018.
Border Security And Immigration: Initial Executive Order
Actions And Resource Implications. GAO-18-470. June 12, 2018.
Government Reorganization: Key Questions To Assess Agency
Reform Efforts. GAO-18-427. June 13, 2018.
Cybersecurity Workforce: Agencies Need To Improve Baseline
Assessments And Procedures For Coding Positions. GAO-18-466.
June 14, 2018.
Office Of Special Counsel: Actions Needed To Improve
Processing Of Prohibited Personnel Practice And Whistleblower
Disclosure Cases. GAO-18-400. June 14, 2018.
2020 Census: Actions Needed To Improve In-Field Address
Canvassing Operation. GAO-18-414. June 14, 2018.
U.S Customs And Border Protection: Progress And Challenges
In Recruiting, Hiring, And Retaining Law Enforcement Personnel.
GAO-18-487. June 27, 2018.
U.S. Postal Service: Projected Capital Spending And
Processes For addressing Uncertainties And Risks. GAO-18-515.
June 28, 2018.
Paperwork Reduction Act: Agencies Could Better Leverage
Review Processes And Public Outreach To Improve Burden
Estimates. GAO-18-381. July 11, 2018.
Federal Employee Misconduct: Actions Needed To Ensure
Agencies Have Tools To Effectively Address Misconduct. GAO-18-
48. July 16, 2018.
Management Report: Continued Improvements Needed In
Controls Over The Processes Used To Prepare The U.S.
Consolidated Financial Statements. GAO-18-540. July 16, 2018.
Federal Student Aid: Education's Postsecondary School
Certification Process. GAO-18-481. July 17, 2018.
Social Security Disability: Better Timeliness Metrics
Needed To Assess Transfers Of Appeals Work. GAO-18-501. July
19, 2018.
Real Property: GSA Is Taking Steps To Improve Collection
And Reporting Of Repair And Alteration Projects' Information.
GAO-18-595. July 23, 2018.
Data Act: Reported Quality Of Agencies' Spending Data
Reviewed By OIGs Varied Because Of Government-Wide And Agency
Issues. GAO-18-546. July 23, 2018.
Medicaid Managed Care: Improvements Needed To Better
Oversee Payment Risks. GAO-18-528. July 26, 2018.
2020 Census: Bureau Has Made Progress With Its Scheduling,
But Further Improvement Will Help Inform Management Decisions.
GAO-18-589. July 26, 2018.
2020 Census: Actions Needed To Address Challenges To
Enumerating Hard-To-Count Groups. GAO-18-599. July 26, 2018.
E-Commerce Portal: Assessment Of The E-Commerce Portal
Implementation Plan. GAO-18-578. July 30, 2018.
Southwest Border Security: CBP Is Evaluating Designs And
Locations For Border Barriers But Is Proceeding Without Key
Information. GAO-18-614. July 30, 2018.
Department Of Homeland Security: Components Could Improve
Monitoring Of The Employee Misconduct Process. GAO-18-405. July
31, 2018.
Information Security: IRS Needs To Rectify Control
Deficiencies That Limit Its Effectiveness In Protecting
Sensitive Financial And Taxpayer Data (LOUO). GAO-18-390SU.
July 31, 2018.
Information Security: IRS Needs To Rectify Control
Deficiencies That Limit Its Effectiveness In Protecting
Sensitive Financial And Taxpayer Data. GAO-18-391. July 31,
2018.
Nonimmigrant Visas: Outcomes Of Applications And Changes In
Response To 2017 Executive Actions (Public Version). GAO-18-
608. August 7, 2018.
DHS Acquisitions: Additional Practices Could Help
Components Better Develop Operational Requirements. GAO-18-550.
August 8, 2018.
Critical Infrastructure Protection: DHS Should Take Actions
To Measure Reduction In Chemical Facility Vulnerability And
Share Information With First Responders. GAO-18-538. August 8,
2018.
2020 Census: Census Bureau Improved The Quality Of Its Cost
Estimation But Additional Steps Are Needed To Ensure
Reliability. GAO-18-635. August 17, 2018.
Rural Hospital Closures: Number And Characteristics Of
Affected Hospitals And Contributing Factors. GAO-18-634. August
29, 2018.
2020 Census: Continued Management Attention Needed To
Address Challenges And Risks With Developing, Testing, And
Securing It Systems. GAO-18-655. August 30, 2018.
Postal Service Retiree Health Benefits: Unsustainable
Finances Need To Be Addressed. GAO-18-602. August 31, 2018.
Homeland Security Grant Program: Additional Actions Could
Further Enhance FEMA's Risk-Based Grant Assessment Model. GAO-
18-354. September 6, 2018.
Nuclear Nonproliferation: The Administration's 2018 Plan
For Verification And Monitoring Met Most Reporting Requirements
But Did Not Include Future Costs And Funding Needs. GAO-18-617.
September 14, 2018.
Grants Workforce: Actions Needed To Ensure Staff Have
Skills To Administer And Oversee Federal Grants. GAO-18-491.
September 20, 2018.
Embassy Construction: Pace Is Slower Than Projected, And
State Could Make Program Improvements. GAO-18-653. September
25, 2018.
Overseas Conflicts: U.S. Agencies Have Coordinated
Stabilization Efforts But Need To Document Their Agreement.
GAO-18-654. September 27, 2018.
U.S. Postal Service: Enhancing Procedures Could Improve
Product Scanning. GAO-18-638. September 28, 2018.
Presidential Security: Vetting Of Individuals And Secure
Areas At Mar-A-Lago. GAO-19-177SU. October 17, 2018.
Financial Audit: Bureau Of The Fiscal Service's Fiscal
Years 2018 And 2017 Schedules Of Federal Debt. GAO-19-113.
November 8, 2018.
Financial Audit: IRS's Fiscal Years 2018 And 2017 Financial
Statements. GAO-19-150. November 9, 2018.
U.S. Secret Service: Action Needed To Address Gaps In It
Workforce Planning And Management Practices. GAO-19-60.
November 15, 2018.
Federal Personal Property: GSA And VA Have Opportunities To
Improve The Exchange/Sale Process. GAO-19-33. November 16,
2018.
Federal Workforce: Opportunities Exist For OPM To Further
Innovation In Performance Management. GAO-19-35. November 20,
2018.
Continuity Of Operations: Actions Needed To Strengthen
FEMA's Oversight And Coordination Of executive branch
Readiness. GAO-19-18SU. November 26, 2018.
Orphan Drugs: FDA Could Improve Designation Review
Consistency; Rare Disease Drug Development Challenges Continue.
GAO-19-83. November 30, 2018
Fraud Risk Management OMB Should Improve Guidelines And
Working-Group Efforts To Support Agencies' Implementation Of
The Fraud Reduction And Data Analytics Act. GAO-19-34. December
4, 2018.
Open Data: Treasury Could Better Align USASpending.Gov With
Key Practices And Search Requirements. GAO-19-72. December 13,
2018.
Critical Infrastructure Protection: Actions Needed To
Address Significant Weaknesses In TSA's Pipeline Security
Program. GAO-19-48. December 18, 2018.
Information Security: Agencies Need To Improve
Implementation Of Federal Approach To Securing Systems And
Protecting Against Intrusions. GAO-19-105. December 18, 2018.
VI. OFFICIAL COMMUNICATIONS
During the 115th Congress, 944 official communications were
referred to the Committee. Of these, 938 were Executive
Communications, and 6 were Petitions or Memorials. Of the
official communications, 332 dealt with the District of
Columbia.
VII. LEGISLATIVE ACTIONS
During the 115th 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 (1) became public law or (2) were favorably reported from
the Committee and passed by the Senate, but did not become law.
In addition to the measures listed below, the Committee
received during the 115th Congress numerous legislative
proposals that were not considered or reported, or that were
reported but not passed by the Senate. Additional information
on these measures appears in the Committee's Legislative
Calendar for the 115th 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. 72.--GAO Access and Oversight Act of 2017. (Public Law
115-3). January 31, 2017.
(Sec. 2) This bill authorizes the Government Accountability
Office (GAO) to obtain Federal agency records required to
discharge the GAO's duties (including audit, evaluation, and
investigative duties), including through bringing civil actions
to require an agency to produce a record. No provision of the
Social Security Act shall be construed to limit, amend, or
supersede the GAO's authority to: (1) obtain information or
inspect records about an agency's duties, powers, activities,
organization, or financial transactions; or (2) obtain other
agency records that the GAO requires to discharge its duties.
Agency Statements on actions taken or planned in response to
GAO recommendations must be submitted to: (1) the congressional
committees with jurisdiction over the pertinent agency program
or activity, and (2) the GAO.
H.R. 194.--Federal Agency Mail Management Act of 2017.
(Public Law 115-85). November 21, 2017.
(Sec. 2) This bill amends the Presidential and Federal
Records Act Amendments of 2014 to require the General Services
Administration (GSA) to provide guidance and assistance to
Federal agencies for effective mail processing. The GSA: (1)
must promote economy and efficiency in the selection and
utilization of space, staff, equipment, and supplies for
Federal mail processing facilities; and (2) may inspect the
mail processing practices and programs of Federal agencies for
purposes of recommending improvements. The bill also provides
authority for the GSA to set goals for the establishment and
maintenance of Federal records management systems or
techniques.
H.R. 195.--Federal Register Printing Savings Act of 2017.
(Public Law 115-120). January 22, 2018.\1\
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\1\H.R. 195 was the vehicle for the Continuing Appropriations Act
of 2018.
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DIVISION A--FEDERAL REGISTER PRINTING SAVINGS ACT OF 2017
Federal Register Printing Savings Act of 2017
(Sec. 2) This division bars the Government Publishing
Office from furnishing a printed copy of the Federal Register
without charge to any Member of Congress or any other office of
the United States during a year unless the Member or office
requests: (1) a printed copy of a specific issue of the Federal
Register, or (2) a subscription to printed copies of the
Federal Register for that year.
DIVISION B--EXTENSION OF CONTINUING APPROPRIATIONS ACT, 2018
Extension of Continuing Appropriations Act, 2018
(Sec. 2001) This division amends the Continuing
Appropriations Act, 2018 to provide continuing FY2018
appropriations to Federal agencies through February 8, 2018
(January 19, 2018, under current law).
It ends the government shutdown that began when the
existing continuing resolution (CR) expired because none of the
12 FY2018 regular appropriations bills that fund the Federal
Government have been enacted.
This division also adds provisions to the Continuing
Appropriations Act, 2018 that:
Lpermit funds appropriated by the Department of
Defense Missile Defeat and Defense Enhancements Appropriations
Act, 2018 to be obligated and expended notwithstanding a
provision of the National Security Act of 1947 that requires a
specific authorization of appropriations for intelligence
activities;
Lprovide the Department of Agriculture with
funding flexibility to ensure that certain demonstration
projects for providing meals to low-income children during the
summer will be fully operational by May 2018;
Lprovide the National Aeronautics and Space
Administration (NASA) with funding flexibility to maintain the
planned launch capability schedules for the Space Launch System
launch vehicle, Exploration Ground Systems, and Orion Multi-
Purpose Crew Vehicle programs;
Lprovide the Department of Energy with funding
flexibility to maintain the June 30, 2017, staffing levels of
the Office of Inspector General;
Lprovide the Small Business Administration with
funding flexibility to accommodate increased demand for general
business loans authorized under section 7(a) of the Small
Business Act;
Lpermit the Department of Housing and Urban
Development to make certain adjustments to the Section 8
housing choice voucher annual renewal funding allocations and
administrative fee eligibility determinations for public
housing agencies in an area for which the President declared a
disaster in 2017 or 2018 under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;
Lcompensate employees furloughed as a result of
any lapse in appropriations which began on or about January 20,
2018; and
Lrequire certain States, Federal grantees, and
furloughed State employees to be compensated or reimbursed for
periods in which there is a lapse in FY2018
appropriations.(Sec. 2002) This section amends the Further
Additional Continuing Appropriations Act, 2018 to strike a
provision that extended certain authorities provided by the
Foreign Intelligence Surveillance Act of 1978 (FISA) through
the duration of the CR. (The FISA Amendments Reauthorization
Act of 2017 was signed into law on January 19, 2018.)
(Sec. 2003) This section specifies that the time covered by
the Continuing Appropriations Act, 2018 includes the period
that began on or about January 20, 2018, during which there was
a lapse in appropriations.
DIVISION C--HEALTHY KIDS ACT
Helping Ensure Access for Little Ones, Toddlers, and
Hopeful Youth by Keeping Insurance Delivery Stable Act or the
HEALTHY KIDS Act
(Sec. 101) This division extends funding through FY2023 for
the Children's Health Insurance Program (CHIP) and the Child
Enrollment Contingency Fund.
In addition, the bill reauthorizes through FY2023:
Lthe qualifying-States option (which allows States
that provided coverage to now CHIP-eligible children prior to
CHIP's enactment to continue to provide such coverage), and
Lthe express-lane eligibility option (which allows
States to use eligibility findings from other public benefit
programs to determine children's eligibility for Medicaid and
CHIP).
Beginning in FY2020, the division allows State child-health
plans to adopt more restrictive eligibility standards with
respect to children in families whose income exceeds 300
percent of the poverty line.
(Sec. 102) The division extends funding through FY2023 for
the Childhood Obesity Demonstration Project and the Pediatric
Quality Measures Program.
(Sec. 103) The division: (1) extends funding through FY2023
for specified outreach and enrollment grants, and (2) makes
eligible for such grants ``parent-mentors'' who are trained to
assist families with children who have no health-insurance
coverage. Any nominal amount received by an individual for
participation as a parent-mentor shall be disregarded for
purposes of determining the individual's income-based
eligibility for Medicaid.
(Sec. 104) Current law provides States with an enhanced
Federal Matching Assistance Percentage (FMAP) for child-health
assistance through FY2019. The division maintains the enhanced
FMAP in FY2020, but halves the percentage-point increase.
(Sec. 105) The Centers for Medicare & Medicaid Services
shall make additional funding available to States for specified
activities related to mechanized claims systems.
DIVISION D--SUSPENSION OF CERTAIN HEALTH-RELATED TAXES
(Sec. 4001) This section amends the Internal Revenue Code
to extend for 2 years (2018 and 2019) the moratorium on the 2.3
percent excise tax on the sale of medical devices. (Under
current law, the moratorium expired at the end of 2017.)
(Sec. 4002) This section amends the Patient Protection and
Affordable Care Act to delay for 2 years the implementation of
the excise tax on high cost employer-sponsored health coverage
(commonly referred to as the Cadillac tax). Under the bill, the
tax will go into effect in 2022 instead of 2020, as required
under current law.
(Sec. 4003) This section suspends for 2019 the annual fee
imposed on certain health insurance providers based on market
share.
DIVISION E--BUDGETARY EFFECTS
(Sec. 5001) This division exempts the budgetary effects of
division C and each succeeding division of this bill from Pay-
As-You-Go (PAYGO) rules and certain budget scorekeeping
guidelines.
H.R. 274.--Modernizing Government Travel Act. (Public Law
115-34). May 16, 2017.
(Sec. 2) This bill requires the General Services
Administration (GSA) to prescribe regulations to provide for
the reimbursement of Federal employees traveling on official
business for the use of a transportation network company (e.g.,
Uber or Lyft) or an innovative mobility technology. The
Administrative Office of the United States Courts shall
prescribe such regulations with respect to judicial branch
employees.
An ``innovative mobility technology company'' is an entity
that applies technology to expand and enhance available
transportation choices, better manages demand for
transportation services, or provides alternatives to driving
alone.
A ``transportation network company'' is an entity that uses
a digital network to connect riders to drivers in order for a
driver to transport the rider to a point chosen by the rider.
This does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the
driver.
(Sec. 3) The bill revises the reporting requirements
regarding payments pertaining to official travel.
Each agency must annually submit to the GSA data on agency
payments for travel and relocation and an analysis of
transportation costs.
The GSA shall make the data submitted publicly available
upon receipt.
The GSA shall annually submit to the Office of Management
and Budget and to specified congressional committees an
analysis of the data submitted for specified agencies and a
description of any new regulations or changes to existing
regulations.
H.R. 366.--DHS SAVE Act (Public Law 115-38). June 6, 2017.
(Sec. 2) This bill amends the Homeland Security Act of 2002
to make the Under Secretary for Management of the Department of
Homeland Security (DHS) responsible for overseeing and managing
vehicle fleets throughout DHS, including:
Lensuring that DHS components are in compliance
with Federal law, executive branch guidance, and DHS policy
regarding fleet management and use of vehicles from home to
work;
Ldeveloping and distributing a standardized
vehicle allocation methodology and fleet management plan;
Lensuring that components formally document fleet
management decisions; and
Lapproving component fleet management plans,
vehicle leases, and vehicle acquisitions.
The bill lists responsibilities of component heads
regarding vehicle fleets, including developing and annually
submitting to the Under Secretary a vehicle allocation tool and
fleet management plan.
The Under Secretary shall:
Lcollect, on a quarterly basis, information
regarding component vehicle fleets;
Lseek to achieve a capability to collect automated
information regarding component vehicle fleets;
Ltrack and monitor component information, and
review each component's vehicle allocation tool and fleet
management plan, to ensure that component vehicle fleets are
the optimal size and are cost effective;
Lprovide guidance on how component heads may
achieve optimal fleet size; and
Las part of the annual budget process, review and
make determinations regarding annual component requests for
vehicle fleet funding.
Beginning with FY 2019, the Under Secretary and component
heads may not approve a vehicle lease, acquisition, or
replacement request, no DHS official with vehicle fleet
management responsibilities may receive annual performance
compensation in pay, and no senior executive service official
of DHS whose office has a vehicle fleet may receive access to a
car service, if such officials did not comply with vehicle
allocation tool and fleet management plan requirements in the
prior fiscal year. The Under Secretary may determine the
feasibility of operating a vehicle motor pool to permit
components to share vehicles to reduce the number of excess DHS
vehicles. (Sec. 3) The Inspector General of DHS shall: (1)
conduct a review of implementation of vehicle allocation tool
and fleet management plan requirements for FY 2019, which shall
include analysis of the effectiveness of such requirements with
respect to cost avoidance, savings realized, and component
operations; and (2) upon request, provide to specified
congressional committees information regarding such review.
H.R. 657.--Follow the Rule Act. (Public Law 115-40). June
14, 2017.
(Sec. 2) This bill extends the prohibition against a person
taking, failing to take, or threatening to take or fail to take
a personnel action against any employee or applicant for
employment for refusing to obey an order that would require the
individual to violate a law to personnel actions against such
an individual for refusing to obey an order that would violate
a rule or regulation.
H.R. 1117.--To require the Administrator of the Federal
Emergency Management Agency to submit a report regarding
certain plans regarding assistance to applicants and grantees
during the response to an emergency or disaster. (Public Law
115-69). October 18, 2017.
(Sec. 1) This bill directs the Federal Emergency Management
Agency (FEMA) to report to Congress regarding its plans to
provide: (1) consistent guidance to applicants on FEMA disaster
funding procedures during the response to an emergency or
disaster, (2) appropriate record maintenance and transfer of
documents to new teams during staff transitions, and (3)
accurate assistance to applicants and grantees to ease the
administrative burden throughout the process of obtaining and
monitoring assistance. The report must: (1) include a plan for
implementing operating procedures and document retention
requirements to ensure the maintenance of appropriate records
throughout the life cycle of the emergency or disaster; and (2)
identify new technologies to aid the disaster workforce in
partnering with State, local, and tribal governments and
private nonprofits in the wake of a disaster or emergency to
educate, assist, and inform applicants on the status of their
applications and projects.
H.R. 1238.--Securing our Agriculture and Food Act. (Public
Law 115-43). June 30, 2017.
(Sec. 2) This bill amends the Homeland Security Act of 2002
to direct the Assistant Secretary for Health Affairs for the
Department of Homeland Security (DHS) to carry out a program to
coordinate DHS efforts related to defending the food,
agriculture, and veterinary systems of the United States
against terrorism and other high-consequence events that pose a
high risk to homeland security.
Such program shall:
Lprovide oversight and management of DHS's
responsibilities pursuant to Homeland Security Presidential
Directive 9--Defense of United States Agriculture and Food;
Lprovide oversight and integration of DHS
activities related to veterinary public health, food defense,
and agricultural security;
L lead DHS policy initiatives related to food,
animal, and agricultural incidents and to overall domestic
preparedness for, and collective response to, agricultural
terrorism;
Lcoordinate with other DHS components on
activities related to food and agriculture security and
screening procedures for domestic and imported products; and
Lcoordinate with appropriate Federal departments
and agencies.
H.R. 1370.--Department of Homeland Security Blue Campaign
Authorization Act of 2017. (Public Law 115-96). December 22,
2017.
DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2018
Further Additional Continuing Appropriations Act, 2018
(Sec. 1001) Amends the Continuing Appropriations Act, 2018
to provide continuing FY2018 appropriations to Federal agencies
through January 19, 2018 (December 22, 2017, under current
law).
(This provision prevents a government shutdown that would
otherwise occur when the existing continuing resolution expires
because the FY2018 appropriations bills have not been enacted.)
Adds provisions to the Continuing Appropriations Act, 2018
that:
Lpermit funds provided to the Coast Guard to be
used to carry out Retired Pay Reform, including continuation
pay;
Lprovide additional funding to the Indian Health
Service for the costs of staffing and operating newly
constructed facilities;
Lpermit funds provided to the Department of Health
and Human Services (HHS) to be apportioned up to the rate for
operations necessary to maintain programs and activities
related to: (1) the care of unaccompanied alien children, and
(2) efforts to combat the trafficking of children;
Lprovide additional funding for HHS to prepare for
or respond to an influenza pandemic; and
Lexempt security spending from sequestration
(automatic spending cuts) for FY2018 and delay the
sequestration for nonsecurity spending.
(Sec. 1002) Extends certain authorities provided by the
Foreign Intelligence Surveillance Act of 1978 (FISA) through
the duration of the continuing resolution. Specifies that this
section is repealed if legislation amending the dates included
in section 403(b) of the FISA Amendments Act of 2008 is
enacted.
DIVISION B--MISSILE DEFENSE
Department of Defense Missile Defeat and Defense
Enhancements Appropriations Act, 2018
Provides FY2018 emergency appropriations to the Department
of Defense (DOD) for missile defense programs. (Emergency
spending is exempt from discretionary spending limits and other
budget enforcement rules.)
TITLE I--MISSILE DEFEAT AND DEFENSE ENHANCEMENTS
Provides Operation and Maintenance funds to DOD for
necessary costs to repair damage to the USS John S. McCain and
the USS Fitzgerald.
Provides Operation and Maintenance; Procurement; and
Research, Development, Test and Evaluation funds to DOD for
necessary costs to detect, defeat, and defend against the use
of ballistic missiles.
TITLE II--MISSILE CONSTRUCTION ENHANCEMENTS
Provides appropriations for Defense-Wide Military
Construction for construction of a missile field in Alaska.
TITLE III--GENERAL PROVISIONS
(Sec. 2001) Specifies that the funds provided by this
division are in addition to funds appropriated or otherwise
made available to DOD for FY2018.
(Sec. 2002) Requires funds provided by title I of this
division to be allocated in accordance with the detailed
congressional budget justifications submitted by DOD with the
FY2018 budget amendments requested by the President on November
6, 2017. Specifies that any changes to the allocation of funds
are subject to reprogramming requirements.
(Sec. 2003) Specifies that funds designated in this
division as emergency requirements are available only if the
President subsequently designates all of the amounts as
emergency requirements and transmits the designations to
Congress.
DIVISION C--HEALTH PROVISIONS
TITLE I--PUBLIC HEALTH EXTENDERS
CHIP and Public Health Funding Extension Act
(Sec. 3101) Amends the Patient Protection and Affordable
Care Act to extend and make appropriations through the second
quarter of FY2018 for community health centers and the National
Health Service Corps.
Amends the Public Health Service Act to make appropriations
through the second quarter of FY2018 for a program that pays
teaching health centers to establish or expand graduate medical
residency training programs.
(Sec. 3102) Makes appropriations through the second quarter
of FY2018 for type I diabetes programs and diabetes programs
for Native Americans.
(Sec. 3103) Reduces FY2019-FY2022 for the Prevention and
Public Health Fund.
TITLE II--CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)
(Sec. 3201) Amends title XXI (Children's Health Insurance
Program [CHIP]) of the Social Security Act to extend funding
for CHIP through the first half of FY2018.
Establishes a special rule, with respect to the first half
of FY2018, for the redistribution of unused CHIP allotments to
State child health plans experiencing emergency shortfalls.
Requires the Centers for Medicare & Medicaid Services (CMS), on
a monthly basis, to redistribute unused allotments to each
State in an amount that will eliminate the State's emergency
shortfall before the CMS may distribute the allotments to any
State that is experiencing a nonemergency shortfall. Requires
the CMS to redistribute such allotments in the order in which
States realize monthly emergency shortfalls, but only to the
extent that amounts are available for redistribution.
DIVISION D--OTHER MATTERS
(Sec. 4001) Provides $2.1 billion in mandatory funding for
the Veterans Choice Program, which allows veterans to receive
health care from providers outside of the Department of
Veterans Affairs facilities.
DIVISION E--BUDGETARY EFFECTS
(Sec. 5001) Exempts the budgetary effects of division C and
each succeeding division of this bill from Pay-As-You-Go
(PAYGO) rules and certain budget scorekeeping guidelines.
(Sec. 5002) Exempts the budgetary effects of specified
reconciliation legislation from PAYGO rules. (This provision
applies to the tax legislation that was signed into law on
December 22, 2017, and was considered pursuant to the
reconciliation instructions included in the FY2018
congressional budget resolution.)
H.R. 1679.--FEMA Accountability, Modernization and
Transparency Act of 2017. (Public Law 115-87). November 21,
2017.
(Sec. 2) This bill directs the Federal Emergency Management
Agency (FEMA) to ensure that the ongoing modernization of the
grant systems for the administration of assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
includes:
Lan online interface for applicants to complete
application forms, submit materials, and access the status of
applications;
Lmechanisms to eliminate duplication of benefits;
and
La means of sharing information among agencies and
with State, local, and tribal governments to eliminate the need
to file multiple applications and speed disaster recovery.
FEMA shall deliver the system capabilities in increments or
iterations as working components for applicant use.
H.R. 2229.--All Circuit Review Act. (Public Law 115-195).
July 7, 2018.
(Sec. 2) This bill makes permanent the authority for a
Federal employee (or applicant for Federal employment) or the
Office of Personnel Management to appeal, in any Federal
appeals court of competent jurisdiction, a final order or
decision of the Merit Systems Protection Board on a claim
alleging reprisal for making a protected disclosure (i.e.,
whistle-blowing) or for engaging in certain protected
activities (e.g., refusing to obey an order that requires a
violation of law). The bill applies retroactively to November
26, 2017.
H.R. 2454.--Department of Homeland Security Data Framework
Act of 2018. (Public Law 115-331). December 19, 2018.
(Sec. 2) This bill directs the Department of Homeland
Security (DHS) to: (1) develop a data framework to integrate
existing DHS datasets and systems for access by authorized
personnel in a manner consistent with relevant legal
authorities and privacy, civil rights, and civil liberties
protections; (2) ensure that all information of a DHS office or
component that falls within the scope of the information
sharing environment, and any information or intelligence
relevant to priority mission needs and capability requirements
of the homeland security enterprise, is included; and (3)
ensure that the framework is accessible to DHS employees who
have an appropriate security clearance, who are assigned to
perform a function that requires access, and who are trained in
applicable standards for safeguarding and using such
information.
DHS shall: (1) issue guidance for DHS employees authorized
to access and contribute to the framework that enforces a duty
to share between DHS offices and components for mission needs;
and (2) promulgate data standards and instruct DHS components
to make available information through the framework in a
machine-readable standard format.
DHS may exclude information that may:
Ljeopardize the protection of sources, methods, or
activities;
Lcompromise a criminal or national security
investigation;
Lbe inconsistent with the other Federal laws or
regulations; or
Lbe duplicative or not serve an operational
purpose.
DHS shall incorporate into such framework systems
capabilities for auditing and ensuring the security of
information. Such capabilities shall include: (1) mechanisms
for identifying insider threats and security risks; and (2)
safeguards for privacy, civil rights, and civil liberties.
DHS shall ensure that, by 2 years after this bill's
enactment, the framework has the ability to include appropriate
information in existence within DHS to meet its critical
mission operations.
DHS shall: (1) submit to Congress regular updates on the
status of the data framework until it is fully operational, and
(2) annually brief Congress on component use of such framework
to support operations that disrupt terrorist activities and
incidents in the homeland.
H.R. 3210.--SECRET Act of 2018. (Public Law 115-173). May
22, 2018.
(Sec. 3) This bill requires the National Background
Investigations Bureau (NBIB) within the Office of Personnel
Management (OPM) to report on its backlog of security clearance
investigations. The report must include a backlog mitigation
plan identifying the cause of, and making recommendations to
remedy, the backlog.
(Sec. 4) The Executive Office of the President must report
on the process for conducting and adjudicating security
clearance investigations for the President's staff.
(Sec. 5) The OPM must report on the costs of maintaining
comprehensive background investigations capability within both
the NBIB and the Department of Defense, compared to the costs
of sustaining a single governmentwide background investigations
enterprise.
(Sec. 6) The Office of the Director of National
Intelligence (ODNI) must report on: (1) the status of
implementing governmentwide continuous evaluation programs, (2)
efforts by Federal agencies to meet requirements for reciprocal
recognition to access classified information, and (3) whether
the schedule for processing security clearances should be
modified.
(Sec. 7) The ODNI and the OPM must review and make
recommendations to Congress and the President, as appropriate,
to issue guidance to assist agencies in determining: (1)
position sensitivity designation, and (2) the appropriate
background investigation to initiate for each position
designation. The President must report on any issues identified
in, and the number of position designations revised as a result
of, the review.
H.R. 3359.--Cybersecurity and Infrastructure Security
Agency Act of 2018. (Public Law 115-278). November 16, 2018.
(Sec. 2) This bill amends the Homeland Security Act of 2002
to redesignate the Department of Homeland Security's (DHS's)
National Protection and Programs Directorate as the
Cybersecurity and Infrastructure Security Agency. It transfers
resources and responsibilities of the directorate to the
agency.
The agency shall be headed by the Director of National
Cybersecurity and Infrastructure Security. Its responsibilities
shall include: leading cybersecurity and critical
infrastructure security programs, operations, and associated
policy; and carrying out DHS's responsibilities concerning
chemical facility antiterrorism standards.
The bill details the organizational structure of the
agency.
(Sec. 3) The bill transfers within DHS the Office of
Biometric Identity Management to the Management Directorate.
It also requires DHS to transfer the Federal Protective
Service to an appropriate DHS component, directorate, or office
following the completion of an ongoing Government
Accountability Office review.
(Sec. 4) DHS shall report on its leadership role in cloud-
based cybersecurity deployments for civilian Federal
departments and agencies.
H.R. 3398.--REAL ID Act Modification for Freely Associated
States Act. (Public Law 115-323). December 17, 2018.
(Sec. 2) This bill amends the Real ID Act of 2005 to make a
citizen of the Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau who has been
admitted to the United States as a nonimmigrant pursuant to a
Compact of Free Association between the United States and the
Republic or Federated States eligible for a driver's license or
personal identification card. Under current law, a citizen of
those countries is eligible for a temporary driver's license or
personal identification card.
H.R. 4174.--Foundations for Evidence-Based Policymaking Act
of 2017. (Public Law 115-411). January 14, 2019.
This bill requires departments and agencies identified in
the Chief Financial Officers Act to submit annually to the
Office of Management and Budget (OMB) and Congress a plan for
identifying and addressing policy questions relevant to the
programs, policies, and regulations of such departments and
agencies. The plan must include: (1) a list of policy-relevant
questions for developing evidence to support policymaking, and
(2) a list of data for facilitating the use of evidence in
policymaking.
The OMB shall consolidate such plans into a unified
evidence building plan.
The bill establishes an Interagency Council on Evaluation
Policy to assist the OMB in supporting governmentwide
evaluation activities and policies. The bill defines
``evaluation'' to mean an assessment using systematic data
collection and analysis of one or more programs, policies, and
organizations intended to assess their effectiveness and
efficiency.
Each department or agency shall designate a Chief
Evaluation Officer to coordinate evidence-building activities
and an official with statistical expertise to advise on
statistical policy, techniques, and procedures.
The OMB shall establish an Advisory Committee on Data for
Evidence Building to advise on expanding access to and use of
Federal data for evidence building.
Open, Public, Electronic, and Necessary Government Data Act
or the OPEN Government Data Act
This bill requires open government data assets to be
published as machine-readable data.
Each agency shall: (1) develop and maintain a comprehensive
data inventory for all data assets created by or collected by
the agency, and (2) designate a Chief Data Officer who shall be
responsible for lifecycle data management and other specified
functions.
The bill establishes in the OMB a Chief Data Officer
Council for establishing governmentwide best practices for the
use, protection, dissemination, and generation of data and for
promoting data sharing agreements among agencies.
Confidential Information Protection and Statistical
Efficiency Act of 2017
This bill codifies provisions relating to confidential
information protection and statistical efficiency.
H.R. 4227.--Vehicular Terrorism Prevention Act of 2018.
(Public Law 115-400). December 31, 2018.
(Sec. 2) This bill directs the Department of Homeland
Security (DHS): (1) to assess the activities that DHS is
undertaking to support emergency response providers and the
private sector to prevent, mitigate, and respond to the threat
of vehicular terrorism; and (2) based on such assessment, to
develop and submit to the congressional homeland security
committees a strategy to improve its efforts to support such
providers and the private sector in that regard.
The strategy shall include:
Lan examination of the current threat of vehicular
terrorism;
Lmethods to improve DHS information sharing
activities with such providers and the private sector regarding
best practices to prevent, mitigate, and respond to the
increasing threat of vehicular terrorism; and
Ltraining activities that DHS can provide for such
providers to prevent and respond to such threat.
H.R. 4431.--Correcting Miscalculations in Veterans'
Pensions Act. (Public Law 115-352). December 21, 2018.
H.R. 6160.--To amend title 5, United States Code, to
clarify the sources of the authority to issue regulations
regarding certifications and other criteria applicable to
legislative branch employees under Wounded Warriors Federal
Leave Act. (Public Law 115-364). December 21, 2018.
(Sec. 1) This bill modifies the self-certification
requirements for Federal employees who use disabled veteran
leave.
Currently, a Federal employee who uses disabled veteran
leave must certify that the leave was used to undergo medical
treatment for a service-connected disability. The Office of
Personnel Management is authorized to prescribe the form and
manner of such certification.
This bill adds a new provision to specify, in the case of a
legislative branch employee, which office is authorized to
prescribe the form and manner of the certification.
H.R. 6400.--United States Ports of Entry Threat and
Operational Review Act. (Public Law 115-372). December 21,
2018.
(Sec. 2) This bill directs U.S. Customs and Border
Protection (CBP) to submit to the congressional homeland
security and tax committees a threat and operational analysis
of U.S. air, land, and sea ports of entry.
Such analysis shall include an assessment of:
Lcurrent and potential threats posed by
individuals and organized groups seeking to exploit security
vulnerabilities at ports of entry or to unlawfully enter the
United States through such ports of entry;
Lmethods and pathways used to exploit security
vulnerabilities at ports of entry;
Limprovements needed at ports of entry to prevent
the unlawful movement of people, illicit drugs, and other
contraband across U.S. borders;
Limprovements needed to enhance travel and trade
facilitation and reduce wait times at ports of entry; and
Lprocesses conducted at ports of entry that do not
require law enforcement training and could be filled with non-
law enforcement staff or by the private sector, or be
automated.
In compiling such analysis, CBP shall consider and examine:
(1) personnel needs, including K-9 Units, and estimated costs,
at each port of entry; (2) technology needs, including
radiation portal monitors and non-intrusive inspection
technology, and estimated costs at each port of entry; and (3)
infrastructure needs and estimated costs at each port of entry.
CBP shall, at specified intervals, provide to the
committees a ports of entry strategy and implementation plan.
H.R. 6870.--To rename the Stop Trading on congressional
Knowledge Act of 2012 in honor of Representative Louise
McIntosh Slaughter. (Public Law 115-277). November 3, 2018.
(Sec. 1) This bill changes the title of the Stop Trading on
congressional Knowledge Act of 2012 to the ``Representative
Louise McIntosh Slaughter Stop Trading on congressional
Knowledge Act.''
S. 188.--EGO Act. (Public Law 115-158). (Public Law 115-
158). March 27, 2018.
(Sec. 2) This bill prohibits the use of funds appropriated
or otherwise made available to the Federal Government to pay
for an official portrait of an officer or employee of the
Federal Government, including the President, the Vice
President, a Member of Congress, the head of an executive
agency, or the head of an office of the legislative branch.
S. 504.--Asia-Pacific Economic Cooperation Business Travel
Cards Act of 2017. (Public Law 115-79). November 2, 2017.
(Sec. 2) This bill amends the Homeland Security Act of 2002
to authorize U.S. Customs and Border Protection (CBP) to issue
an Asia-Pacific Economic Cooperation Business Travel Card (ABT
Card) to an individual who: (1) is a U.S. citizen, (2) has been
approved and is in good standing in an existing Department of
Homeland Security (DHS) international trusted traveler program,
and (3) is engaged in business in the Asia-Pacific region or is
a U.S. Government official engaged in Asia-Pacific Economic
Cooperation business.
The bill: (1) transfers card program authority from the the
Asia-Pacific Economic Cooperation Business Travel Cards Act of
2011 (APECBTC Act) to the Homeland Security Act of 2002; and
(2) makes the program, which is scheduled to end on September
30, 2018, permanent.
The CBP shall: (1) integrate application procedures for,
and issuance, renewal, and revocation of, ABT cards with
existing DHS international trusted traveler programs; (2)
prescribe and collect a fee for card issuance and renewal, and
(3) notify Congress if card program expenditures exceed
collected amounts.
The bill establishes in the Treasury an Asia-Pacific
Economic Cooperation Business Travel Card Account (Account).
(Sec. 3) Amounts in the travel card account under the
APECBTC Act are transferred to the Account and shall be
available for expenses incurred with any card, and such Act is
repealed. A card issued pursuant to such Act before the date of
enactment of this bill shall remain valid until it expires.
S. 585.--Dr. Chris Kirkpatrick Whistleblower Protection Act
of 2017. (Public Law 115-73). October 26, 2017.
(Sec. 102) This bill directs Federal agencies (excluding
any entity that is an element of the intelligence community) to
give priority to an employee transfer request if the Merit
Systems Protections Board (MSPB) grants a stay of a personnel
action at the request of: (1) the Office of Special Counsel
(OSC) if the OSC determines the personnel action was taken, or
is to be taken, as a result of a prohibited personnel practice;
or (2) the employee if the individual is in probationary status
and seeks corrective action.
The Government Accountability Office (GAO) shall report to
Congress on retaliation against employees in probationary
status.
(Sec. 103) The bill: (1) prohibits any employee who has the
authority to take a personnel action to access the medical
records of another employee or applicant for employment, (2)
authorizes disciplinary action against supervisors for
retaliation against whistleblowers.
(Sec. 105) Agencies must: (1) refer information about
employee suicides to the OSC, (2) train supervisors on
responding to complaints alleging whistleblower protections
violations, (3) provide information regarding whistleblower
protections to new employees during probationary periods, (4)
inform employees of the role of the OSC and the MSPB with
regard to whistleblower protection, and (5) make information
about such protections available on agency websites.
TITLE I--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
(Sec. 201) The Department of Veterans Affairs (VA) must:
(1) submit a plan to prevent unauthorized access to the medical
records of VA employees; (2) conduct an outreach program to
inform its employees of available mental health services,
including telemedicine options; and (3) ensure protocols are in
effect to address threats against VA employees providing health
care.
(Sec. 204) The GAO shall assess the reporting, staffing,
accountability, and chain of command structure of the VA police
officers at VA medical centers.
S. 1083.--A bill to amend section 1214 of title 5, United
States Code, to provide for stays during a period that the
Merit Systems Protection Board lacks a quorum. (Public Law 115-
42). June 27, 2017.
This bill provides that if the Merit Systems Protection
Board lacks the number of members required to constitute a
quorum, any remaining member of the board may, upon request by
the Special Counsel, extend the period of any stay of any
personnel action granted.
S. 1617.--Javier Vega, Jr. Memorial Act of 2017. (Public
Law 115-81). November 2, 2017.
(Sec. 3) This bill designates the checkpoint of the U.S.
Border Patrol located on U.S. Highway 77 North in Sarita,
Texas, as the ``Javier Vega, Jr. Border Patrol Checkpoint.''
S. 1869.--Whistleblower Protection Coordination Act.
(Public Law 115-192) June 25, 2018.
This bill reauthorizes and renames the position of
Whistleblower Ombudsman to be the Whistleblower Protection
Coordinator.
S. 2276.--GAO-IG Act. (Public Law 115-414). January 3,
2019.
This bill requires each Federal agency, in its annual
budget justification, to include a report on: (1) each public
recommendation of the Government Accountability Office (GAO)
that is classified as ``open'' or ``closed, unimplemented'';
(2) each public recommendation for corrective action from the
agency's office of the inspector general (OIG) for which no
final action has been taken; and (3) the implementation status
of each such recommendation.
Each agency shall also provide a copy of this information
to its OIG and to the GAO.
S. 2896.--JACK Act. (Public Law 115-418). January 3, 2019.
This bill amends the Lobbying Disclosure Act of 1995.
S. 3031.--Federal Personal Property Management Act of 2018.
(Public Law 115-419). January 3, 2019.
This bill requires the executive agencies and the General
Services Administration (GSA) to carry out the following
activities with respect to Federal personal property
management.
Each executive agency, in accordance with guidance from the
GSA, must annually inventory and assess capitalized personal
property in identifying excess property under the agency's
control. Capitalized personal property items include those
recorded on an agency's general ledger records as major
investments or assets.
Each agency must also regularly inventory and assess
accountable personal property under its control.
GSA may establish separate thresholds for acquisitions of
personal property for which affected agencies shall capitalize
and for which they shall establish and maintain property
records in a centralized system.
S. 3191.--Civil Rights Cold Case Records Collection Act of
2018. (Public Law 115-426). January 8, 2019.
This bill requires the National Archives and Records
Administration (NARA) to: (1) commence establishing a
collection of civil rights cold case records, (2) commence
preparing and publishing the subject guidebook and index to the
collection, and (3) establish criteria for transmitting copies
of civil rights cold case records to NARA, to include required
metadata.
All civil rights cold case records transmitted to NARA for
disclosure to the public shall be included in the collection,
available to the public for inspection and copying by 60 days
after the record's transmission to NARA, and prioritized for
digitization by NARA.
The Civil Rights Cold Case Records Review Board is
established as an independent agency of impartial private
citizens. The records of the review board shall not be
destroyed, with an exception.
B. POSTAL NAMING BILLS
H.R. 294--To designate the facility of the United States
Postal Service located at 2700 Cullen Boulevard in Pearland,
Texas, as the ``Endy Nddiobong Ekpanya Post Office Building''.
(Public Law 115-133). March 16, 2018.
H.R. 452--To designate the facility of the United States
Postal Service located at 324 West Saint Louis Street in
Pacific, Missouri, as the ``Specialist Jeffrey L. White, Jr.
Post Office''. (Public Law 115-134). March 16, 2018.
H.R. 606--To designate the facility of the United States
Postal Service located at 1025 Nevin Avenue in Richmond,
California, as the ``Harold D. McCraw, Sr., Post Office
Building''. (Public Law 115-283). December 6, 2018.
H.R. 1207--To designate the facility of the United States
Postal Service located at 306 River Street in Tilden, Texas, as
the ``Tilden Veterans Post Office''. (Public Law 115-311).
December 13, 2018.
H.R. 1208--To designate the facility of the United States
Postal Service located at 9155 Schaefer Road, Converse, Texas,
as the ``Converse Veterans Post Office Building''. (Public Law
115-138). March 20, 2018.
H.R. 1209--To designate the facility of the United States
Postal Service located at 901 N. Francisco Avenue, Mission,
Texas, as the ``Mission Veterans Post Office Building''.
(Public Law 115-284). December 6, 2018.
H.R. 1496--To designate the facility of the United States
Postal Service located at 3585 South Vermont Avenue in Los
Angeles, California, as the ``Marvin Gaye Post Office''.
(Public Law 115-207). July 24, 2018.
H.R. 1858--To designate the facility of the United States
Postal Service located at 4514 Williamson Trail in Liberty,
Pennsylvania, as the ``Staff Sergeant Ryan Scott Ostrom Post
Office''. (Public Law 115-139). March 20, 2018.
H.R. 1988--To designate the facility of the United States
Postal Service located at 1730 18th Street in Bakersfield,
California, as the ``Merle Haggard Post Office Building''.
(Public Law 115-140). March 20, 2018.
H.R. 2254--To designate the facility of the United States
Postal Service located at 2635 Napa Street in Vallejo,
California, as the ``Janet Capello Post Office Building''.
(Public Law 115-142). March 23, 2018.
H.R. 2302--To designate the facility of the United States
Postal Service located at 259 Nassau Street, Suite 2 in
Princeton, New Jersey, as the ``Dr. John F. Nash, Jr. Post
Office''. (Public Law 115-143). March 23, 2018.
H.R. 2464--To designate the facility of the United States
Postal Service located at 25 New Chardon Street Lobby in
Boston, Massachusetts, as the ``John Fitzgerald Kennedy Post
Office''. (Public Law 115-144). March 23, 2018.
H.R. 2672--To designate the facility of the United States
Postal Service located at 520 Carter Street in Fairview,
Illinois, as the ``Sgt. Douglas J. Riney Post Office''. (Public
Law 115-145). March 23, 2018.
H.R. 2673--To designate the facility of the United States
Postal Service located at 514 Broadway Street in Pekin,
Illinois, as the ``Lance Corporal Jordan S. Bastean Post
Office''. (Public Law 115-208). July 24, 2018.
H.R. 2815--To designate the facility of the United States
Postal Service located at 30 East Somerset Street in Raritan,
New Jersey, as the ``Gunnery Sergeant John Basilone Post
Office''. (Public Law 115-146). March 23, 2018.
H.R. 2873--To designate the facility of the United States
Postal Service located at 207 Glenside Avenue in Wyncote,
Pennsylvania, as the ``Staff Sergeant Peter Taub Post Office
Building''. (Public Law 115-147). March 23, 2018.
H.R. 2979--To designate the facility of the United States
Postal Service located at 390 West 5th Street in San
Bernardino, California, as the ``Jack H. Brown Post Office
Building''. (Public Law 115-285). December 6, 2018.
H.R. 3109--To designate the facility of the United States
Postal Service located at 1114 North 2d Street in Chillicothe,
Illinois, as the ``Sr. Chief Ryan Owens Post Office Building''.
(Public Law 115-148). March 23, 2018.
H.R. 3183--To designate the facility of the United States
Postal Service located at 13683 James Madison Highway in
Palmyra, Virginia, as the ``U.S. Navy Seaman Dakota Kyle Rigsby
Post Office''. (Public Law 115-209). July 24, 2018.
H.R. 3230--To designate the facility of the United States
Postal Service located at 915 Center Avenue in Payette, Idaho,
as the ``Harmon Killebrew Post Office Building''. (Public Law
115-286). December 6, 2018.
H.R. 3369--To designate the facility of the United States
Postal Service located at 225 North Main Street in Spring Lake,
North Carolina, as the ``Howard B. Pate, Jr. Post Office''.
(Public Law 115-149). March 23, 2018.
H.R. 3460--To designate the United States courthouse
located at 323 East Chapel Hill Street in Durham, North
Carolina, as the ``John Hervey Wheeler United States
Courthouse''. (Public Law 115-412). January 3, 2019.
H.R. 3638--To designate the facility of the United States
Postal Service located at 1100 Kings Road in Jacksonville,
Florida, as the ``Rutledge Pearson Post Office Building''.
(Public Law 115-150). March 23, 2018.
H.R. 3655--To designate the facility of the United States
Postal Service located at 1300 Main Street in Belmar, New
Jersey, as the ``Dr. Walter S. McAfee Post Office Building''.
(Public Law 115-151). March 23, 2018.
H.R. 3821--To designate the facility of the United States
Postal Service located at 430 Main Street in Clermont, Georgia,
as the ``Zack T. Addington Post Office''. (Public Law 115-152).
March 23, 2018.
H.R. 3893--To designate the facility of the United States
Postal Service located at 100 Mathe Avenue in Interlachen,
Florida, as the ``Robert H. Jenkins, Jr. Post Office''. (Public
Law 115-153). March 23, 2018.
H.R. 4042--To designate the facility of the United States
Postal Service located at 1415 West Oak Street, in Kissimmee,
Florida, as the ``Borinqueneers Post Office Building''. (Public
Law 115-154). March 23, 2018.
H.R. 4285--To designate the facility of the United States
Postal Service located at 123 Bridgeton Pike in Mullica Hill,
New Jersey, as the ``James C. 'Billy' Johnson Post Office
Building''. (Public Law 115-155). March 23, 2018.
H.R. 4301--To designate the facility of the United States
Postal Service located at 201 Tom Hall Street in Fort Mill,
South Carolina, as the ``J. Elliott Williams Post Office
Building''. (Public Law 115-210). July 24, 2018.
H.R. 4406--To designate the facility of the United States
Postal Service located at 99 Macombs Place in New York, New
York, as the ``Tuskegee Airmen Post Office Building''. (Public
Law 115-211). July 24, 2018.
H.R. 4407--An act to designate the facility of the United
States Postal Service located at 3s101 Rockwell Street in
Warrenville, Illinois, as the ``Corporal Jeffrey Allen Williams
Post Office Building''. (Public Law 115-316). December 14,
2018.
H.R. 4463--To designate the facility of the United States
Postal Service located at 6 Doyers Street in New York, New
York, as the ``Mabel Lee Memorial Post Office''. (Public Law
115-212). July 24, 2018.
H.R. 4574--To designate the facility of the United States
Postal Service located at 108 West Schick Road in Bloomingdale,
Illinois, as the ``Bloomingdale Veterans Memorial Post Office
Building''. (Public Law 115-213). July 24, 2018.
H.R. 4646--To designate the facility of the United States
Postal Service located at 1900 Corporate Drive in Birmingham,
Alabama, as the ``Lance Corporal Thomas E. Rivers, Jr. Post
Office Building''. (Public Law 115-214). July 24, 2018.
H.R. 4685--To designate the facility of the United States
Postal Service located at 515 Hope Street in Bristol, Rhode
Island, as the ``First Sergeant P. Andrew McKenna Jr. Post
Office''. (Public Law 115-215). July 24, 2018.
H.R. 4722--To designate the facility of the United States
Postal Service located at 111 Market Street in Saugerties, New
York, as the ``Maurice D. Hinchey Post Office Building''.
(Public Law 115-216). July 24, 2018.
H.R. 4840--To designate the facility of the United States
Postal Service located at 567 East Franklin Street in Oviedo,
Florida, as the ``Sergeant First Class Alwyn Crendall Cashe
Post Office Building''. (Public Law 115-217). July 24, 2018.
H.R. 4890--To designate the facility of the United States
Postal Service located at 9801 Apollo Drive in Upper Marlboro,
Maryland, as the ``Wayne K. Curry Post Office Building''.
(Public Law 115-287). December 6, 2018.
H.R. 4913--To designate the facility of the United States
Postal Service located at 816 East Salisbury Parkway in
Salisbury, Maryland, as the ``Sgt. Maj. Wardell B. Turner Post
Office Building''. (Public Law 115-288). December 6, 2018.
H.R. 4946--To designate the facility of the United States
Postal Service located at 1075 North Tustin Street in Orange,
California, as the ``Specialist Trevor A. Win'E Post Office''.
(Public Law 115-289). December 6, 2018.
H.R. 4960--To designate the facility of the United States
Postal Service located at 511 East Walnut Street in Columbia,
Missouri, as the ``Spc. Sterling William Wyatt Post Office
Building''. (Public Law 115-290). December 6, 2018.
H.R. 5238--To designate the facility of the United States
Postal Service located at 1234 Saint John's Place in Brooklyn,
New York, as the ``Major Robert Odell Owens Post Office''.
(Public Law 115-317). December 14, 2018.
H.R. 5349--To designate the facility of the United States
Postal Service located at 1325 Autumn Avenue in Memphis,
Tennessee, as the ``Judge Russell B. Sugarmon Post Office
Building''. (Public Law 115-291). December 6, 2018.
H.R. 5504--To designate the facility of the United States
Postal Service located at 4801 West Van Giesen Street in West
Richland, Washington, as the ``Sergeant Dietrich Schmieman Post
Office Building''. (Public Law 115-292). December 6, 2018.
H.R. 5737--To designate the facility of the United States
Postal Service located at 108 West D Street in Alpha, Illinois,
as the ``Captain Joshua E. Steele Post Office''. (Public Law
115-293). December 6, 2018.
H.R. 5784--To designate the facility of the United States
Postal Service located at 2650 North Doctor Martin Luther King
Jr. Drive in Milwaukee, Wisconsin, shall be known and
designated as the ``Vel R. Phillips Post Office Building''.
(Public Law 115-294). December 6, 2018.
H.R. 5791--To designate the facility of the United States
Postal Service located at 9609 South University Boulevard in
Highlands Ranch, Colorado, as the ``Deputy Sheriff Zackari
Spurlock Parrish, III, Post Office Building''. (Public Law 115-
359). December 21, 2018.
H.R. 5792.--To designate the facility of the United States
Postal Service located at 90 North 4th Avenue in Brighton,
Colorado, as the ``Detective Heath McDonald Gumm Post Office''.
(Public Law 115-360). December 21, 2018.
H.R. 5868--To designate the facility of the United States
Postal Service located at 530 Claremont Avenue in Ashland,
Ohio, as the ``Bill Harris Post Office''. (Public Law 115-295).
December 6, 2018.
H.R. 5935--To designate the facility of the United States
Postal Service located at 1355 North Meridian Road in
Harristown, Illinois, as the ``Logan S. Palmer Post Office''.
(Public Law 115-296). December 6, 2018.
H.R. 6020--To designate the facility of the United States
Postal Service located at 325 South Michigan Avenue in Howell,
Michigan, as the ``Sergeant Donald Burgett Post Office
Building''. (Public Law 115-362). December 21, 2018.
H.R. 6116--To designate the facility of the United States
Postal Service located at 362 North Ross Street in Beaverton,
Michigan, as the ``Colonel Alfred Asch Post Office''. (Public
Law 115-297). December 6, 2018.
H.R. 6591--To designate the facility of the United States
Postal Service located at 501 South Kirkman Road in Orlando,
Florida, as the ``Napoleon 'Nap' Ford Post Office Building''.
(Public Law 115-376). December 21, 2018.
H.R. 6780--To designate the facility of the United States
Postal Service located at 7521 Paula Drive in Tampa, Florida,
as the ``Major Andreas O'Keeffe Post Office Building''. (Public
Law 115-381). December 21, 2018.
S. 831--A bill to designate the facility of the United
States Postal Service located at 120 West Pike Street in
Canonsburg, Pennsylvania, as the ``Police Officer Scott
Bashioum Post Office Building''. (Public Law 115-137). March
16, 2018.
S. 931--A bill to designate the facility of the United
States Postal Service located at 4910 Brighton Boulevard in
Denver, Colorado, as the ``George Sakato Post Office''. (Public
Law 115-220). July 27, 2018.
S. 2040--A bill to designate the facility of the United
States Postal Service located at 621 Kansas Avenue in Atchison,
Kansas, as the ``Amelia Earhart Post Office Building''. (Public
Law 115-162). April 3, 2018.
S. 2692--A bill to designate the facility of the United
States Postal Service located at 4558 Broadway in New York, New
York, as the ``Stanley Michels Post Office Building''. (Public
Law 115-223). July 30, 2018.
S. 3209--A bill to designate the facility of the United
States Postal Service located at 413 Washington Avenue in
Belleville, New Jersey, as the ``Private Henry Svehla Post
Office Building''. (Public Law 115-318) December 14, 2018.
S. 3237--A bill to designate the facility of the United
States Postal Service located at 120 12th Street Lobby in
Columbus, Georgia, as the ``Richard W. Williams, Jr., Chapter
of the Triple Nickles (555th P.I.A.) Post Office''. (Public Law
115-319). December 14, 2018.
S. 3414--A bill to designate the facility of the United
States Postal Service located at 20 Ferry Road in Saunderstown,
Rhode Island, as the ``Captain Matthew J. August Post Office''.
(Public Law 115-313). December 13, 2018.
S. 3442--A bill to designate the facility of the United
States Postal Service located at 105 Duff Street in Macon,
Missouri, as the ``Arla W. Harrell Post Office''. (Public Law
115-314). December 13, 2018.
PERMANENT SUBCOMMITTEE ON INVESTIGATIONS
Chairman: Robert Portman
Ranking Minority Member: Thomas R. Carper
The following is the Activities Report of the Permanent
Subcommittee on Investigations for the 115th 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); Norman B.
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 Permanent 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
Permanent Subcommittee, 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, human trafficking, the opioid crisis, 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 115th Congress, the Subcommittee
held six hearings and issued six reports on a wide range of
issues, including online sex trafficking; the shipment of
illicit opioids through U.S. postal mail; the Department of
Health and Human Services' care of unaccompanied alien
children; the Federal infrastructure permitting process;
sanctions compliance and the nuclear agreement with Iran; and
the pricing of prescription drugs.
(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. Under Senator Hoey's 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 led 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 served as
chairman until June 2001, when the Senate Majority 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 USA PATRIOT Act (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 Norman 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 former Iraqi
President Saddam Hussein had abused the United Nations Oil-for-
Food Program. At the request of Senator Levin, then Ranking
Minority Member, the Subcommittee examined how some U.S.
accounting firms, banks, investment firms, and tax lawyers were
designing, promoting, and implementing abusive tax shelters
across the country. Also at Senator Levin's request, the
Subcommittee investigated 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, Microsoft and Hewlett Packard
engaged in offshore tax abuses; 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 one in five disability cases containing errors
or inadequate justifications; how Department of Homeland
Security 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 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
efforts by 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 115TH CONGRESS
During the 115th Congress, Senator Rob Portman remained
Subcommittee Chairman with Senator Tom Carper serving as
Ranking Minority Member.
A. Backpage.com's Knowing Facilitation of Online Sex Trafficking.
January 10, 2017. (S. Hrg. 115-6)
The Subcommittee's first hearing and report of the 115th
Congress concluded its investigation from the 114th Congress
regarding how Backpage.com knowingly facilitated the online sex
trafficking of children. The hearing featured two panels of
witnesses. The first panel was composed of Carl Ferrer, Chief
Executive Officer of Backpage.com; Michael Lacey, former owner
of Backpage.com; James Larkin, former owner of Backpage.com;
Elizabeth McDougall, General Counsel of Backpage.com; and
Andrew Padilla, Chief Operations Officer of Backpage.com. The
second panel of witnesses featured parents of victims of
Backpage.com's practices: Nacole S., mother of Jane Doe 1;
Thomas S., father of Jane Doe 1; and Kubiiki P., mother of Jane
Doe 2. The Backpage.com witnesses asserted their rights not to
testify under the Fifth Amendment.
As a result of the Subcommittee's work, Congress passed the
Stop Enabling Sex Traffickers Act (Pub, L. No. 115-164), which
became law on April 11, 2018. The law prohibits knowingly
assisting, facilitating, or supporting sex trafficking, and it
allows online services to be prosecuted by State attorneys
general for those violations.
B. Stopping the Shipment of Synthetic Opioids: Oversight of U.S.
Strategy to Combat Illicit Drugs. May 25, 2017. (S. Hrg. 115-
193)
The Subcommittee's second hearing concerned how the U.S.
Postal Service, private mail and package carriers, U.S. Customs
and Border Patrol, and the State Department were addressing the
use of the international postal system to ship illicit opioids
into the United States and fuel the opioid crisis currently
gripping the country.
The hearing featured testimony from two panels of
witnesses. The first panel included: Hon. Gregory Thome,
Director, Office of Specialized and Technical Agencies, Bureau
of International Organization Affairs, U.S. Department of
State; Robert Cintron, Vice President, Network Operations
Management, United States Postal Service; Robert Perez, Acting
Executive Assistant Commissioner, Operations Support, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Tammy L. Whitcomb, Acting Inspector General, Office
of the Inspector General, United States Postal Service; and
Norman T. Schenk, Vice President, Global Customs Policy and
Public Affairs, United Parcel Service. The second panel was
comprised of: Hon. Michael Botticelli, Executive Director,
Grayken Center for Addiction Medicine, Boston Medical Center;
Thomas Synan Jr., Chief of Police, Newtown, Ohio Police
Department; Thomas P. Gilson, Medical Examiner, Cuyahoga County
Medical Examiner, Cleveland, Ohio; and Terry L. Horton, Chief,
Division of Addiction Medicine and Medical Director, Project
Engage, Christiana Care Health Services, Wilmington, DE.
C. Cutting Through the Red Tape: Oversight of Federal Infrastructure
Permitting and the Federal Permitting Improvement Steering
Council. September 7, 2017. (S. Hrg. 115-194)
The Subcommittee's third hearing reviewed the process for
Federal agency permitting of the largest Federal infrastructure
projects. In 2015, Congress enacted the Fixing America's
Surface Transportation (FAST) Act (Pub. L. No. 114-94), Title
41 of which was the Federal Permitting Improvement Act. FAST-
41, as it became known, created the Federal Permitting
Improvement Steering Council (Permitting Council). Under FAST-
41, the Permitting Council is responsible for coordinating the
permitting process for those projects designated as ``covered
projects''-which must cost at least $200 million and involve
multiple Federal agencies in the permitting process. The
hearing examined the Permitting Council's progress in improving
the frequently lengthy process for permitting these projects.
The Subcommittee heard from two panels of witnesses. The
first panel included Mark S. Gerken, Chief Executive Officer,
American Municipal Power; Brent Booker, Secretary-Treasurer,
North America's Building Trades Unions; William L. Kovacs,
Senior Vice President, Environment, Technology, and Regulatory
Affairs, U.S. Chamber of Commerce; and Scott Slesinger,
Legislative Director, Natural Resources Defense Council. The
second panel was comprised of Janet Pfleeger, Acting Executive
Director, Federal Permitting Improvement Steering Council;
Terry Turpin, Director, Office of Energy Projects, Federal
Energy Regulatory Commission; Robyn S. Colosimo, Assistant for
Water Resources Policy, U.S. Army Corps of Engineers; and Gary
Frazer, Assistant Director, Ecological Services, U.S. Fish and
Wildlife Service.
D. Combatting the Opioid Crisis: Exploiting Vulnerabilities in
International Mail. January 25, 2018. (S. Hrg. 115-317)
The Subcommittee's fourth hearing of the 115th Congress and
its second report examined how Chinese online drug dealers and
others exploit the international mail system to ship illicit
opioids. While Federal law requires common carriers such as
FedEx and the United Parcel Service to collect advanced
electronic data (AED) before shipping a package into the United
States, the Postal Service is not required to collect AED. The
Subcommittee described in its report how simple it is to
contact drug manufacturers in China on the Internet and request
that they ship opioids to the United States. Almost uniformly,
the drug manufacturers told undercover Subcommittee staff that
they would prefer to use the U.S. Postal Service to ship the
drugs to the United States than any other form of shipment.
The Subcommittee heard from one panel of witnesses
comprised of: Joseph P. Murphy, Chief, International Postal
Affairs, Office of Specialized and Technical Agencies, Bureau
of International Organizations, U.S. Department of State;
Robert Cintron, Vice President, Network Operations, United
States Postal Service; Todd C. Owen, Executive Assistant
Commissioner, Office of Field Operations, U.S. Customs and
Border Protection, U.S. Department of Homeland Security;
William Siemer, Acting Deputy Inspector General, Office of the
Inspector General, United States Postal Service; Daniel D.
Baldwin, Section Chief, Office of Global Enforcement, Drug
Enforcement Administration, U.S. Department of Justice; and
Gregory C. Nevano, Deputy Assistant Director, Illicit Trade,
Travel, and Finance Division, Homeland Security Investigations,
U.S. Immigration and Customs Enforcement, U.S. Department of
Homeland Security.
As a result of the Subcommittee's demonstration of how
easily drug traffickers were able to ship drugs through the
U.S. mail, Congress passed the Synthetics Trafficking and
Overdose Protection (STOP) Act, which became law on October 24,
2018. The STOP Act requires the Postal Service to collect the
same shipment information other carriers collect to help
prevent drug traffickers from shipping illicit drugs into the
United States through mail and packages entering the country.
E. Oversight of HHS and DHS Efforts to Protect Unaccompanied Alien
Children from Human Trafficking and Abuse. April 26, 2018.
The Subcommittee's fifth hearing of the 115th Congress
followed up on its efforts from the 114th Congress to examine
how the Department of Homeland Security and the Department of
Health and Human Services are ensuring that unaccompanied alien
children (UACS) are protected from human trafficking and abuse.
The Subcommittee previously learned that, in 2014, HHS placed
eight UACs with sponsors who turned out to be human
traffickers. The traffickers placed the children into forced
labor on an egg farm in Marion, Ohio. After the Subcommittee's
hearing and report on January 28, 2016, HHS and DHS agreed to
enter into a Joint Concept of Operations (JCO) by February 2017
to set out each of their responsibilities with regard to UACs.
The Subcommittee learned that the agencies failed to enter the
JCO and held this hearing hold the agencies accountable for
this failure. At the hearing, HHS testified that it had been
conducting 30-day follow-up telephone calls with each UAC it
places with a sponsor. HHS reported, however, that based on
three months' worth of data, it could not ``determine with
certainty the whereabouts of 1,475 UAC.''
Two panels of witnesses testified at the hearing. The first
panel included James W. McCament, Deputy Under Secretary,
Office of Strategy, Policy, and Plans, U.S. Department of
Homeland Security; Steven Wagner, Acting Assistant Secretary,
Administration for Children and Families, U.S. Department of
Health and Human Services; Kathryn A. Larin, Director,
Education, Workforce, and Income Security Team, U.S. Government
Accountability Office. The second panel of witnesses included:
Allison E. Herre, Immigration Legal Services Director, Catholic
Charities Southwestern Ohio; Jessica A. Ramos, Staff Attorney,
Advocates for Basic Legal Equality; Kelsey R. Wong, Program
Director and Project Director, Shenandoah Valley Juvenile
Center; Pattiva M. Cathell, ELL School Counselor, Sussex
Central High School; and Laura Graham, Deputy Director and
Managing Attorney, Delaware Medical-Legal Partnership and
Immigration Program, Community Legal Aid Society, Inc.
As a result of the Subcommittee's oversight, the agencies
entered into an information-sharing memorandum of agreement,
which the agencies provided to the Subcommittee at midnight
before the hearing, improving their background check procedures
for sponsors.
F. Oversight of Efforts to Protect Unaccompanied Alien Children from
Human Trafficking and Abuse. August 16, 2018.
The Subcommittee's sixth hearing and third report of the
115th Congress followed up on its hearing from April 26, 2018,
to oversee the Federal government's efforts to protect UACs
from trafficking and abuse. Between the two hearings, DHS and
HHS entered into the Joint Concept of Operations, more than 19
months after its original due date. In addition to DHS and HHS
efforts to protect UACs, this hearing also examined DOJ's role
in the immigration process and found that, at that time,
732,730 immigration cases were pending before immigration
courts around the country, 80,266 of which were UAC cases. More
than 8,000 UAC cases had been pending for more than three
years.
At the hearing, the Subcommittee heard testimony from one
panel of witnesses: Richard M. Hudson, Acting Chief, Law
Enforcement Operations Directorate, U.S. Border Patrol, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Robert Guadian, Acting Deputy Assistant Director for
Field Operations West, U.S. Immigration and Customs
Enforcement, U.S. Department of Homeland Security; Commander
Jonathan D. White, U.S. Public Health Service Commissioned
Corps, Federal Health Coordinating Official for the 2018 UAC
Reunification Effort, U.S. Department of Health and Human
Services; and James R. McHenry, Director, Executive Office for
Immigration Review, U.S. Department of Justice.
III. LEGISLATIVE ACTIVITIES DURING THE 115TH 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 115th Congress was no exception, with
Subcommittee hearings and Members playing prominent roles in
several legislative initiatives.
A. Stop Enabling Sex Traffickers Act (S. 1693)
Based on the Subcommittee's investigation into Backpage.com
and online sex trafficking, Senator Portman introduced the Stop
Enabling Sex Traffickers Act (SESTA). The House passed the bill
as part of a larger trafficking bill by an overwhelming 388 to
25 vote, and the Senate passed it by a similarly large margin
of 92 to 2. The President signed it into law on April 11, 2018.
The bill amended the Communications Decency Act (CDA) to
specify that communications decency provisions protecting
Internet providers from liability for the private blocking or
screening of offensive material shall not be construed to
impair or limit civil action or criminal prosecution under
State or Federal criminal or civil laws relating to sex
trafficking of children or sex trafficking by force, fraud, or
coercion. Over the years, much of the CDA as originally enacted
has been struck down in court on freedom of speech grounds, but
Section 230 and its liability protections remain. Many have
argued that this section provides an essential underpinning of
the modern Internet and is critical to the explosive growth of
websites that facilitate user-generated content. At the same
time, however, those protections have been held by courts to
shield from civil liability and state criminal prosecution
nefarious actors, such as the website Backpage.com, that are
accused of knowingly facilitating sex trafficking. SESTA
eliminates section 230 as a defense for websites that knowingly
facilitate sex trafficking. It also empowers State law
enforcement to enforce criminal statutes against websites, and
introduce new civil liabilities for violations of Federal
criminal laws relating to sex trafficking.
It also amended the Federal criminal code to specify that
the violation for benefiting from ``participation in a
venture'' engaged in sex trafficking of children, or sex
trafficking by force, fraud, or coercion, includes knowingly
assisting, supporting, or facilitating the violation. Finally,
it allows State attorneys general to bring a civil action in
U.S. district court on behalf of a State's residents if the
attorney general believes the residents have been threatened or
adversely affected by anyone who knowingly participates in the
sex trafficking of children or sex trafficking by force, fraud,
or coercion.
B. Synthetics Trafficking and Overdose Prevention Act of 2017 (S. 372)
The Subcommittee's investigation of the shipment of illicit
opioids through the U.S. mail prompted Congress to pass the
Synthetics Trafficking and Overdose Prevent (STOP) Act of 2017
(Pub. L. No. 115-271). Senator Portman introduced the STOP Act
on February 14, 2017. On June 22, 2018, the House passed the
bill by a 396 to 14 vote. On October 3, 2018, the Senate passed
the bill 99 to 1. The President signed it into law on October
24, 2018.
The STOP Act requires the U.S. Postal Service to collect
AED on all international packages by December 31, 2020.
Starting on January 1, 2021, any packages sent to the United
States will not be accepted by the U.S. Postal Service unless
an exception applies. The requirement mirrors the information
the Trade Act of 2002 required private carriers like FedEx and
UPS to collect and provide to Customs and Border Protection
(CBP). CBP uses the information it collects from private
carriers to determine if the package should be targeted and
inspected. The STOP was designed to provide information to law
enforcement to stop dangerous synthetic drugs, like fentanyl,
from being shipped into the United States through the
international mail system associated with the U.S. Postal
Service.
C. Responsibility for Unaccompanied Minors Act (S. 3474)
Based on the Subcommittee's oversight of the Federal
Government's failure to care for unaccompanied alien children
appropriately, Senator Portman, along with Senators Blumenthal,
Lankford, and Carper, introduced the Responsibility for
Unaccompanied Minors Act on September 18, 2018. The bill was
referred to the Senate Committee on the Judiciary. The bill
would require HHS to ensure that sponsors comply with their
sponsor care agreement and allow HHS to take back custody of
children whose non-parental sponsors fail to provide for their
mental and physical wellbeing or ensure they appear at their
immigration court proceedings. It would also require HHS to
conduct background checks on sponsors and require HHS to notify
sponsors' state of residence before placing a child with a
sponsor in that State. The bill also would direct the Attorney
General to increase the number of immigration judge teams by at
least 225.
D. Federal Permitting Reform and Jobs Act (S. 3017)
As a result of the Subcommittee's oversight of the Federal
Permitting Improvement Steering Council, Senators Portman and
McCaskill introduced the Federal Permitting Reform and Jobs
Act. The bill would eliminate the seven-year sunset on FAST-41;
give the Permitting Council Executive Director more authority
to facilitate disputes between agencies; and give agencies a
two-year goal for making permitting decisions for covered
projects.
IV. REPORTS, PRINTS, AND STUDIES
In connection with its investigations, the Subcommittee
often issues lengthy and detailed reports. During the 115th
Congress, the Subcommittee released six such reports, listed
below.
A. Backpage.com's Knowing Facilitation of Online Sex Trafficking,
January 10, 2017 (Report Prepared by the Majority and Minority
Staff of the Permanent Subcommittee on Investigations and
released in conjunction with the Subcommittee's hearing on
January 10, 2017)
At the start of the 115th Congress, the Subcommittee
released a major, 55-page report culminating its investigation
into online sex trafficking. For more than 20 months, the
Subcommittee investigated the problem of online sex
trafficking. The investigation led the Subcommittee to focus on
Backpage.com, the leading online marketplace for commercial
sex. Operating in 97 countries and 943 locations worldwide-and
last valued at more than a half-billion dollars-Backpage was
the world's second-largest classified advertising website.
Backpage is involved in 73 percent of all child trafficking
reports that the National Center for Missing and Exploited
Children (NCMEC) received from the general public (excluding
reports by Backpage itself). The National Association of
Attorneys General aptly described Backpage as a ``hub'' of
``human trafficking, especially the trafficking of minors.''
Backpage did not deny that its site is used for criminal
activity, including the sale of children for sex. Instead, the
company long claimed that it is a mere host of content created
by others and therefore immune from liability under the
Communications Decency Act (CDA). Backpage executives also
repeatedly touted their process for screening adult
advertisements as an industry-leading effort to protect against
criminal abuse. Since June 2015, the Subcommittee sought
information from Backpage-first through a voluntary request,
then by subpoena-about those screening measures. Backpage
refused to comply, and the Subcommittee was forced to initiate
the first civil contempt action authorized by the Senate in
more than 20 years. In August 2016, the Subcommittee prevailed
and secured a Federal court order compelling Backpage to
produce the subpoenaed documents.
The internal company documents obtained by the Subcommittee
conclusively demonstrated that Backpage's public defense is a
fiction. Backpage maintained a practice of altering ads before
publication by deleting words, phrases, and images indicative
of criminality, including child sex trafficking. Backpage
avoided revealing this information. On July 28, 2011, for
example, Backpage co-founder James Larkin cautioned Backpage
CEO Carl Ferrer against publicizing Backpage's moderation
practices, explaining that ``[w]e need to stay away from the
very idea of `editing' the posts, as you know.'' Backpage had
good reason to conceal its editing practices: Those practices
served to sanitize the content of innumerable advertisements
for illegal transactions-even as Backpage represented to the
public and the courts that it merely hosted content others had
created.
This report contained three principal findings. First,
Backpage knowingly concealed evidence of criminality by
systematically editing its ``adult'' ads. As early as 2006,
Backpage executives began instructing staff responsible for
screening ads (known as ``moderators'') to edit the text of
adult ads to conceal the true nature of the underlying
transaction. By October 2010, Backpage executives formalized a
process of both manual and automated deletion of incriminating
words and phrases, primarily through a feature called the
``Strip Term From Ad Filter.'' At the direction of CEO Carl
Ferrer, the company programmed this electronic filter to
``strip''-that is, delete-hundreds of words indicative of sex
trafficking (including child sex trafficking) or prostitution
from ads before their publication. The terms that Backpage
automatically deleted from ads before publication include
``lolita,'' ``teenage,'' ``rape,'' ``young,'' ``amber alert,''
``little girl,'' ``teen,'' ``fresh,'' ``innocent,'' and
``school girl.'' When a user submitted an adult ad containing
one of these ``stripped'' words, Backpage's Strip Term From Ad
filter would immediately delete the discrete word and the
remainder of the ad would be published.
While the Strip Term From Ad filter changed nothing about
the true nature of the advertised transaction or the real age
of the person being sold for sex, thanks to the filter,
Backpage's adult ads looked ``cleaner than ever.'' Manual
editing entailed the deletion of language similar to the words
and phrases that the Strip Term From Ad filter automatically
deleted-including terms indicative of criminality. By
Backpage's own internal estimate, by late-2010, the company was
editing ``70 to 80 percent of ads'' in the adult section either
manually or automatically.
Over time, Backpage reprogrammed its electronic filters to
reject an ad in its entirety if it contained certain egregious
words suggestive of sex trafficking. But the company
implemented this change by coaching its customers on how to
post ``clean'' ads for illegal transactions. When a user
attempted to post an ad with a forbidden word, the user would
receive an error message identifying the problematic word
choice to ``help'' the user, as Ferrer put it. For example, in
2012, a user advertising sex with a ``teen'' would get the
error message: ``Sorry, `teen' is a banned term.'' Through
simply redrafting the ad, the user would be permitted to post a
sanitized version. Documents from as recently as 2014 confirm
the continued use of these error messages. Backpage employed a
similarly helpful error message in its ``age verification''
process for adult ads. In October 2011, Ferrer directed his
technology consultant to create an error message when a user
supplied an age under 18. He stated that, ``An error could pop
up on the page: `Oops! Sorry, the ad poster must be over 18
years of age.''' With a quick adjustment to the poster's
putative age, the ad would post.
In addition to the evidence of systematic editing described
above, additional evidence showed that Backpage was aware that
its website facilitated prostitution and child sex trafficking.
Backpage moderators told the Subcommittee that everyone at the
company knew the adult-section ads were for prostitution and
that their job was to ``put[] lipstick on a pig'' by sanitizing
them. Backpage also knows that advertisers use its site
extensively for child sex trafficking, but the company often
refused to act swiftly in response to complaints about
particular underage users-preferring in some cases to interpret
these complaints as the tactics of a competing escort. Backpage
may also have tried to manipulate the number of child-
exploitation reports it forwards to the National Center for
Missing and Exploited Children.
Finally, despite the reported sale of Backpage to an
undisclosed foreign company in 2014, the true beneficial owners
of the company were found to be James Larkin, Michael Lacey,
and Carl Ferrer. Acting through a complex chain of domestic and
international shell companies, Lacey and Larkin lent Ferrer
over $600 million to purchase Backpage from them. But as a
result of this deal, Lacey and Larkin retained significant
financial and operational control, holding almost complete debt
equity in the company, and still receive large distributions of
company profits. According to the consultant who structured the
deal, moreover, this transaction appeared to provide no tax
benefits. Instead, it served only to obscure Ferrer's U.S.-
based ownership and conceal Lacey and Larkin's continued
beneficial ownership.
After the hearing and report, the Department of Justice
criminally prosecuted Backpage.com CEO Carl Ferrer and at least
six other Backpage.com owners or operators. Backpage was seized
by Federal law enforcement.
B. Combatting the Opioid Crisis: Exploiting Vulnerabilities in
International Mail, January 25, 2018 (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 25, 2018)
In January 2018, the Subcommittee released a 100-page
report detailing how drug traffickers exploit vulnerabilities
in the postal system to ship illegal opioids and other drugs
through the U.S. mail. The number of Americans dying due to
opioid overdose is staggering. According to the Centers for
Disease Control and Prevention (CDC), more than 63,600
Americans died from drug overdoses in 2016. Sixty-six percent
of those deaths were caused by opioids, including fentanyl and
its many analogues. According to the Drug Enforcement
Administration (DEA), China is the primary source of supply for
fentanyl and its underlying chemical substances (or precursors)
headed for the United States. It is widely known how illicit
fentanyl enters the United States. According to the DEA,
``[c]ustomers can purchase fentanyl products from Chinese
laboratories online'' and ``powdered fentanyls and pill
presses'' are shipped via mail services.
As documented in the report, the Subcommittee learned just
how easy it is to find fentanyl advertised online, pay for it
using digital currency or other means, and have it shipped to
the United States through international mail and packages. As
such, the Subcommittee conducted an investigation into measures
used to prevent illicit fentanyl from entering the United
States by the U.S. Customs and Border Protection (CBP), the
U.S. Postal Service (Postal Service), and the U.S. Department
of State (State Department). The Subcommittee also reviewed
efforts taken by the three largest express consignment
operators (ECO) operating in the United States: DHL Express
U.S. (DHL); FedEx Corporation (FedEx); and United Parcel
Service (UPS).
Online Fentanyl Sellers. The Subcommittee sought to
determine how easy it is to purchase fentanyl from an online
seller and arrange to have it delivered to the United States. A
simple Google search of ``fentanyl for sale'' returned a number
of potential sellers. Over the course of 3 months, the
Subcommittee communicated with representatives from six online
sellers, posing as a first-time fentanyl purchaser. All of the
online sellers actively sought to induce a purchase of fentanyl
or other illicit opioid. Their sales pitches made it sound easy
to purchase fentanyl, and each preferred to ship any purchases
to the United States through the the Postal Service. The online
sellers preferred to be paid through cryptocurrencies such as
bitcoin, which offers a certain level of anonymity. They also
accepted other common payment options, such as Western Union,
MoneyGram, PayPal, credit cards, and prepaid gift cards. The
online sellers actively negotiated with the Subcommittee to
complete a deal by offering flash sales on certain illicit
opioids and discounted prices for bulk purchases. When the
Subcommittee failed to immediately respond to an offer, the
online sellers proactively followed up, sometimes offering
deeper discounts to entice a sale.
While the Subcommittee posed as a first-time online
purchaser of fentanyl, it never finalized an order or provided
payment. Rather, the Subcommittee used information the online
sellers provided-such as payment information and shipping
addresses-to investigate the extent to which other persons in
the United States were conducting business with the online
sellers.
Americans Buy Fentanyl Online and Receive it in the Mail.
The Subcommittee's investigation confirmed that many Americans
are purchasing fentanyl and other illicit opioids online and
having them shipped here through the international mail system.
The preferred method of the international online sellers is
Express Mail Service (EMS), a global delivery service for
documents and merchandise contained in letters and packages.
The EMS network delivers letters and packages worldwide through
each member country's postal operations, including the Postal
Service in the United States. Through payment information, the
Subcommittee identified more than 500 financial transactions by
more than 300 U.S.-based individuals totaling $230,000 to the
six online sellers. These 300 individuals were located in 43
States, with those in Ohio, Pennsylvania, and Florida making
the highest number of purchases.
Through shipment data, the Subcommittee tracked many
shipments to individuals who sent money to the six online
sellers. This review led to several alarming findings. Most
troubling, the Subcommittee identified seven individuals who
died from fentanyl-related overdoses after sending money and
receiving packages from one of the online sellers, including a
49-year-old Ohioan who sent roughly $2,500 to an online seller
over the course of 10 months-from May 2016 to February 2017.
Over that time period, he received 15 packages through the
Postal Service on dates that closely corresponded to payments
he made to an online seller. He died in early 2017 from ``acute
fentanyl intoxication.'' He had received a package from an
online seller just 30 days before his death.
The Subcommittee also identified a likely distributor for
one of the online sellers based in Pennsylvania. The
Subcommittee identified 120 instances of an individual sending
a payment to an online seller and then receiving a package
within one to two days from the Pennsylvania address. The
Ohioan identified above, for example, received seven packages
from the Pennsylvania address, including the package he
received a month prior to his death. Analysis of payment and
shipping information further identified two additional
individuals who were likely distributing illicit opioids.
Inbound International Mail Volume. The Subcommittee also
examined the Federal agencies' and private shippers' response
to the country's opioid crisis. CBP is the Federal agency
responsible for identifying suspicious packages sent through
the international mail stream that contain illegal items,
including fentanyl and other illicit drugs. The Postal Service
and ECOs are required to support CBP's efforts by locating and
physically handing over or presenting targeted packages to CBP
for inspection, a process is known as ``presentment.'' The
volume difference for inbound international packages handled by
the Postal Service compared to ECOs is staggering. The three
major ECOs examined by the Subcommittee together handled
approximately 65.7 million international packages in 2016,
while the Postal Service alone handled more than 275 million in
the same year, over four times the amount handled by the ECOs.
The Postal Service's inbound international mail volume
increased by 232 percent between fiscal year 2013 and calendar
year 2017. However, the Postal Service failed to forecast this
growth in inbound international mail volume, which could have
helped to ensure some operational measures were in place to
handle the growth.
Interdicting Illicit Opioids and Other Contraband in
International Mail. International mail packages shipped through
the Postal Service primarily enter the United States through
one of five International Service Centers (ISC) located at the
following airports: John F. Kennedy International Airport (JFK)
in New York; O'Hare International Airport in Chicago (ORD); Los
Angeles International Airport (LAX); San Francisco
International Airport (SFO); and Miami International Airport
(MIA). In years past, CBP would locate suspicious packages at
the ISCs by providing the Postal Service with a list of
``countries of interest.'' The Postal Service would then
present all the packages from those countries to CBP. CBP would
then manually sort through and inspect millions of packages
looking for illegal items. Although both agencies agreed that
the process was inefficient and sought ways to improve it, they
are guided by different missions that hinder those efforts. The
Postal Service's mission is the speedy processing and delivery
of the mail, while CBP's mission is to protect the U.S. border
and prevent illicit items from entering the United States.
CBP and Postal Service Pilot Program. In 2015, CBP and the
Postal Service implemented a pilot program to improve the
identification, inspection, and interdiction process for
international packages arriving in the United States. The pilot
program leveraged advanced electronic data (AED) that the
Postal Service received from certain foreign postal operators.
Under the pilot program, CBP would use the data to specifically
target small packages under 4.4 pounds (called ``ePackets'')
coming from China through the JFK ISC. The Postal Service would
then be responsible for locating and presenting the targeted
packages to CBP. Although the pilot program was a positive
development, its execution suffered from lack of forethought
and cooperation, conflicting missions, and interagency
personality conflicts.
The Universal Postal Union. International mail delivery is
governed by a treaty signed in 1874 that created the Universal
Postal Union (UPU). The United States is one of the 192 members
of the UPU. For close to a decade, the United States (through
the State Department) advocated that UPU members adopt the
requirement of collecting and exchanging AED for all packages,
but little progress has been made. The amount of AED currently
transmitted to the Postal Service on international packages is
low. From January 2017 through the end of 2017, only 36 percent
(on average) of packages sent to the United States included
AED.
Express Consignment Operators. In the Trade Act of 2002,
Congress required ECOs to collect certain information on all
packages shipped through their networks for security purposes
following the September 11 terrorist attacks. As a result, all
packages shipped by ECOs have AED, including sender name and
address, recipient name and address, and a description of the
item contained in the package. CBP uses this information to
target suspicious packages shipped through the ECOs, just as it
uses the AED in the JFK pilot program with the Postal Service.
While ECOs are highly efficient at using AED to provide CBP
with targeted packages, differences exists between the ECOs and
the Postal Service. ECOs control packages in their networks
from acceptance to delivery, even for international packages.
In contrast, the Postal Service must rely on foreign postal
operators to collect AED on internationally shipped packages
that are delivered domestically by the Postal Service. ECOs
also handle fewer packages than the Postal Service.
C. Review of U.S. Treasury Department's License to Convert Iranian
Assets Using the U.S. Financial System, June 6, 2018 (Report
Prepared by the Majority Staff of the Permanent Subcommittee on
Investigations)
In June 2018, the Subcommittee's Majority Staff released a
53-page report reviewing the Obama Administration's
negotiations with Iran to relieve sanctions in exchange for
concessions. As the United States negotiated with Iran, one
important U.S. interest consistently remained off-limits: Iran
would not be granted access to either the U.S. financial system
or the U.S. dollar. Foreign financial institutions were free to
conduct business with the government of Iran and Iranian
entities, but U.S. financial institutions continued to be
barred from engaging Iran. Senior U.S. government officials
repeatedly testified to Congress that Iranian access to the
U.S. financial system was not on the table or part of any deal.
This notwithstanding, the U.S. Department of the Treasury, at
the direction of the U.S. State Department, granted a specific
license that authorized a conversion of Iranian assets worth
billions of U.S. dollars using the U.S. financial system. Even
after the specific license was issued, U.S. government
officials maintained in congressional testimony that Iran would
not be granted access to the U.S. financial system.
Joint Plan of Action. In November 2013, the United States,
along with the permanent members of the United Nations Security
Council (Security Council) China, France, Russia, and the
United Kingdom, plus Germany (collectively known as the ``P5
+1'') signed the Joint Plan of Action (JPOA) with Iran in
Geneva, Switzerland. The JPOA was a temporary measure that
lifted limited economic sanctions on Iran in exchange for Iran
suspending portions of its nuclear program while working
towards a permanent solution. The JPOA went into effect in
January 2014 as the parties negotiated the terms of a permanent
deal.
Joint Comprehensive Plan of Action. In July 2015, Iran and
the P5+1 signed the Joint Comprehensive Plan of Action (JCPOA),
which replaced the JPOA. The Security Council adopted the JCPOA
on October 18, 2015, and the JCPOA went into effect on January
16, 2016 (Implementation Day). Iran agreed to several nuclear-
related limitations, including limiting the production of
enriched uranium for 15 years and granting the International
Atomic Energy Agency access to certain facilities to monitor
compliance with the agreement. In exchange, the United States
committed to lifting some economic sanctions on Iran, including
sanctions by the United States on foreign entities and
countries that conducted business with Iran outside of the
United States (commonly referred to as ``secondary
sanctions''). Iran was also allowed to access assets previously
frozen abroad. On Implementation Day, Iran had $5.7 billion in
assets at Bank Muscat in Muscat, Oman in Omani rials.
Notwithstanding this relief, primary U.S. sanctions
impacting Iran generally remained in place. It remained illegal
for U.S. persons, entities, and financial institutions to do
business with Iran or parties on behalf of Iran. This ban also
included any ``U-Turn'' transactions-which are transactions by
or on behalf of an Iranian bank in which a U.S. bank acted
solely as an intermediary to convert one foreign currency into
dollars and then to another foreign currency.
U.S. government officials testified before Congress that
Iran would not have access to the U.S. financial system.
Members of Congress raised concerns about Iran's ability to
access the dollar and the U.S. financial system under the
JCPOA. The primary agencies responsible for administering and
policing the United States' sanctions program are the
Departments of State and Treasury. Several State and Treasury
Department officials testified before congressional committees
concerning the relief provided under the JCPOA.
U.S. government officials encouraged other countries to do
business with Iran. Shortly after the P5+1 reached a deal with
Iran in July 2015, officials from the Departments of State and
Treasury traveled the globe meeting with foreign financial
institutions to encourage business with Iran. Their purpose was
to make clear that other countries could conduct transactions
with Iran, as long as they avoided U.S. persons, the U.S.
financial system, and U.S. sanctioned Iranians. In total, U.S.
officials participated in over 200 of these ``roadshows'' in
major cities such as London, Geneva, Tokyo, Berlin, Rome, and
Paris. The roadshows amounted to the U.S. government telling
the world that Iran was open for business, as long as the rest
of the world left the United States out of it. During these
roadshows, U.S. officials also signaled that it would not
aggressively enforce violations of the new sanctions regime.
Iran requested access to the U.S. dollar. Foreign banks had
problems converting Iran's assets. Just days after
Implementation Day, Bank Muscat contacted OFAC seeking access
to the U.S. dollar. The request related to the Central Bank of
Iran's (CBI) desire to convert the $5.7 billion in assets held
by Bank Muscat in Omani rials to euros. Because the Omani
rial's value is pegged to the U.S. dollar, the conversion
through the U.S. financial system required two steps. First,
the Omani rials had to be converted to U.S. dollars, and,
second, the U.S. dollars would be converted to euros. But a
conversion to U.S. dollars on behalf of the CBI was prohibited
under U.S. sanctions. Other options existed to convert the
funds from rials to euros without using the U.S. financial
system. But using the U.S. dollar as an intermediary step was
the most efficient means, even though U.S. sanctions prohibited
it.
The inability to convert the funds held at Bank Muscat
through the U.S. financial system frustrated key Iranian
officials. On January 24, 2016, a lead Iranian negotiator,
wrote to his U.S. State Department counterpart, complaining
that Iran could not convert its assets as it requested.
Confused by Iran's frustration, Treasury officials reviewed the
JCPOA and determined it was consistent with Iran's position,
allowing the Government of Iran to engage in ``transfers,''
``foreign exchange (including Rial related transactions),'' and
the ``purchase or acquisition by the Government of Iran of U.S.
bank notes.'' After reviewing the JCPOA's relevant provisions,
one Treasury official wrote in an email, ``Yikes. It looks like
we committed to a whole lot beyond just allowing the
immobilized funds to settle out.''
The Treasury Department issued a specific license granting
Iran access to the U.S. financial system. Treasury Department
officials began working on a specific license authorizing Bank
Muscat's transaction. A specific license allows specified
transactions to occur that would otherwise violate U.S.
sanctions. On February 24, 2016, the Treasury Department issued
a specific license to Bank Muscat to authorize the conversion
of Iran's rials to euros through ``any United States depository
institution . . . involved as a correspondent bank . . . where
such foreign exchange conversion provides an indirect benefit
to persons subject to the jurisdiction of the Government of
Iran.'' Iran was then free to use a U.S. bank to act as the
intermediary (called a ``correspondent bank'') to convert its
assets at Bank Muscat (Omani rials) through the correspondent
bank account in the United States (U.S. dollars) to a
designated bank in Europe (euros).
OFAC encouraged two U.S. correspondent banks to convert the
funds. Even with the license, Iran needed a willing U.S.
correspondent bank to convert the Omani rials. Bank Muscat
maintained correspondent relationships with at least two U.S.
banks. U.S. officials at OFAC contacted both of the banks to
encourage them to convert the funds. Convincing a U.S. bank to
convert the funds was crucial. Both U.S. banks eventually
declined, primarily due to the unwillingness to take on the
legal and compliance risk posed by the complex conversion, but
also reputational concerns in doing business with a
comprehensively sanction country like Iran. Without a willing
U.S. correspondent bank, Iran's assets remained at Bank Muscat.
The funds remained at Bank Muscat; Iranian officials
remained frustrated. Iranian officials continued to express
great frustration that funds could not be converted as
requested. In March 2016, one Iranian official wrote to a
Senior State Department Official that ``OFAC is almost all the
time invoked as the reason for other countries' unwillingness
to let us have unhindered access to our funds abroad.'' That
same Iranian official also wrote, ``Please note that our
inability to convert and use our bank deposits is causing
challenges, particularly after the [Implementation Day] when we
have expected free access and use of our funds abroad.'' In
defense, the Senior State Department Official responded that
the United States ``exceeded our JCPOA commitments by OFAC's
issuing a license to enable Bank Muscat to work with any U.S.
financial institution to facilitate the conversation of assets
in the banks from rials to other non-dollar currencies.'' That
same Senior State Department Official also explained that the
Bank Muscat transaction was ``prohibited by U.S. sanctions that
are still in place, and which we were clear we would not be
removing as part of the JCPOA.''
U.S. officials continued to assure Congress that Iran would
not be able to access the U.S. financial system. As the
Treasury and State Department worked behind the scenes to help
Iran access the dollar, the message to Congress remained the
same: The JCPOA did not allow Iran to access the U.S. financial
system. In March 2016, Senators Marco Rubio and Mark Kirk wrote
to the Treasury Department to seek clarity on ``new reports
suggesting the Administration is working to give Iran access to
the U.S. financial system or to dollar transactions outside of
the U.S. financial system.'' The Treasury Department responded
in June 2016:
To be clear, the U.S. Department of Treasury is
not working on behalf of Iran to enable Iranian access to U.S.
dollars elsewhere in the international financial system, nor
are we assisting Iran in gaining access to dollar payment
systems outside the U.S. financial system. The Administration
has not been and is not planning to grant Iran access to the
U.S. financial system.
Just three months earlier, the same agency issued a
specific license for Iran to access to the U.S. financial
system and the U.S. dollar. Eventually, Iranian officials
stopped complaining to the State Department about the inability
to convert their rials into dollars. In the end, State
Department officials believed Iran moved the money slowly over
time by converting small amounts of rials directly to euros
without using the U.S. financial system. A January 2017 State
Department email indicated that Iran still ``expressed
concern'' that the Iranian fund issue remained fully
unresolved.
D. Federal Agency Compliance with the DATA Act, July 24, 2018 (Report
Prepared by the Majority and Minority Staffs of the Permanent
Subcommittee on Investigations)
On July 24, 2018, the Subcommittee released a 46-page
bipartisan report regarding agency compliance with the Digital
Accountability and Transparency Act (DATA Act) of 2014 (Pub. L.
No. 113-101). The DATA Act requires Federal agencies to report
their spending data to U.S. Department of the Treasury, which
Treasury will then report publicly on USASpending.gov.
In May 2017, the Treasury Department compiled the first-
ever single, unified data set containing information that, in
theory, would present a complete picture of Federal Government
spending. Efforts in recent years to make this information
publicly available were built on the idea that transparency
encourages effective and efficient government spending, and
that taxpayers are entitled to fully understand the Federal
Government they fund through their tax dollars. While Federal
agencies have made positive strides in collecting and
presenting their spending data, in practice, a great deal of
work remains to ensure the information is complete, accurate,
and timely.
A number of factors continue to hinder the Federal
Government's ability to uniformly report spending data-in
particular, the amount of spending and the complexity of the
Federal Government. In fiscal year 2017, for example, the
government spent $3.98 trillion across the 96 agencies that
comprise the Executive Branch. Further complicating the ability
to uniformly report spending data, each agency operates
independently with its own systems, metrics, and standards to
track and publish spending data. While the White House and
Congress make decisions about and track spending government-
wide through the annual budget and appropriations process, each
Federal agency tracks what they spend internally through
individualized and complex accounting methods and systems.
Recent attempts to track and standardize reporting reveal
issues with data inaccuracy and completeness across nearly
every Federal agency. And with spending at historic levels, the
need to track spending data across the Federal Government is
more important than ever.
Congress embarked on its first attempt at standardizing
spending data in 2002 with the E-government Act that intended
to ``enhance the access to and delivery of government
information and services.'' Later, in 2006, Congress took
additional steps with the Federal Funding Accountability and
Transparency Act (FFATA) to standardize the reporting of more
comprehensive Federal spending data to provide accurate and
transparent information on a publicly-available website,
USAspending.gov. And more recently, under the DATA Act,
Congress directed Federal agencies to start reporting data in a
cohesive and manageable way to the Treasury Department. The
DATA Act required Federal agencies to report spending in real
time down to the location by congressional district by May 9,
2017. The intended result would be a central depository for
government-wide spending readily available for the public to
review.
As Federal agencies implemented the DATA Act, most
experienced significant complications in providing accurate
data for just one snapshot in time: spending data for fiscal
year 2017's second quarter (Q2 2017). The Subcommittee examined
25 Federal agencies, representing roughly 77 percent of all
Federal spending for FY 2017, responsible for submitting
complete, accurate, and timely spending data to the Treasury
Department for display on USAspending.gov. Based on the
Subcommittee's review of Inspector General (IG) reports for
these 25 Federal agencies, at least 55 percent of the spending
data submitted to USAspending.gov-submissions representing
roughly $240 billion (out of $779 billion)-was incomplete,
inaccurate, or both. Inaccurate spending data frustrates the
purpose of the DATA Act: a user friendly search engine
detailing government-wide spending.
The chart below shows each agency's error rate for its Q2
2017 data submissions, and the Subcommittee's determination of
the incorrectly reported data to USAspending.gov.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Q2 2017 Financial Total Incorrectly
Agency Error Rate and Award Data\1\ Reported to
AUSAspending.gov\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSA............................................ 36.9% $248,077,220,903 $91,540,494,513
HUD............................................ Could not test\3\ $39,600,000,000 $39,600,000,000
Agriculture.................................... 97.1% $38,964,000,000 $37,834,044,000
VA............................................. 60% $61,354,996,332 $36,812,997,799
DOT............................................ Could not test\4\ $5,182,810,992 $5,182,810,992
Energy......................................... 100% $4,101,229,733 $4,101,229,733
DHS............................................ 64% $5,313,193,672 $3,400,443,950
State.......................................... 83.6% $3,795,080,336 $3,172,687,161
NASA........................................... 57% $3,692,766,298 $2,104,876,790
Justice........................................ 89.6% $9,400,000,000\5\ $8,422,400,000
GSA............................................ 54.6% $2,657,055,023 $1,450,752,043
OPM............................................ 1.3% Could not provide\6\ Could not calculate\7\
Interior....................................... 37.6% $2,745,131,731 $1,032,169,530
HHS............................................ .3% $333,000,000,000 $999,000,000
Defense........................................ 100% $990,100,000 $990,100,000
Treasury....................................... 96.2% $711,803,354 $684,754,827
Commerce....................................... 64.3% $936,175,503 $601,960,848
Science Foundation............................. 62.2% $930,008,596 $578,465,347
Labor.......................................... 76.8% $571,390,543 $438,827,937
Education...................................... 2.8% $12,035,006,875 $336,980,193
IRS............................................ 97% $332,607,474 $322,629,250
USAID.......................................... 8.3% $3,816,398,303 $316,761,059
Nuclear Regulatory Commission.................. 54% $477,775,111 $257,998,560
SBA............................................ 32.3% $66,307,161 $21,417,213
EPA............................................ 0% $628,478,907 $0
========================================================================================================
Totals..................................... 55%\8\ $779,379,536,847 $240,203,801,745
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Q2 2017 spending figures were produced to the Subcommitee by the agencies and IGs or taken from IG DATA Act reports. Following the FAEC DATA Act
Working Group: Inspectors General Guide to Compliance Under the DATA Act, the Subcommittee relied on files D1 and D2 when an IG could not provide a
File C figure.
\2\The Subcommittee obtained agency error rate based on IG reporting of statistically valid samples from agency DATA Act submissions. Multiplying the
agency's error rate by the agency's Q2 2017 spending produced the amount each agency incorrectly reported to USAspending.gov.
\3\Email from Office of Inspector General, U.S. Department of Housing and Urban Development, to Subcommittee staff, (Apr. 6, 2018) (On file with
Subcommittee)(The HUD IG ``did not report error percentages because the audit scope limitation.'')
\4\Email from Office of the Inspector General, U.S. Department of Transportation, to Subcommittee staff (April 10, 2018)(On file with the
Subcommittee)(The DOT IG ``could not assess the accuracy rate because of unresolved data reliability issues associated with a primary system we were
using to assess the data.'')
\5\Email from Office of Legislative Affairs, U.S. Department of Justice, (July 19, 2018).
\6\Email from Office of Legislative and Intergovernmental Affairs, U.S. Office of Personnel Management, to Subcommittee staff (June 25, 2018)(on file
with Subcommittee)(``The DATA Act reporting did not provide a breakdown of Q1 2017 and Q2 2017 spending. Thus, OPM does not have the spending number
for only Q2 2017'').
\7\Because OPM could not provide a spending total for only Q2 2017, the Subcommittee could not calculate the figure inaccurately reported to
USAspending.gov.
\8\Percentage was calculated by averaging the percentage errors rates calculated by the various IG offices. This average does not account for HUD and
DOT.
There are also problems with the USAspending.gov website.
The website is internally inconsistent with users getting
different results depending on how they conduct their search.
Spending data searched and reviewed through the ``Spending
Explorer'' section can be different from spending data a user
finds using the ``Award'' section of the website.
Given these issues with the website and that the IGs found
that over half of the data submitted to USAspending.gov was
inaccurate, the Subcommittee finds the website does not
currently fulfill its legislative mandate as a reliable source
of government-wide spending. The Executive Branch, and
specifically the Treasury Department, must work to ensure the
spending information found on USAspending.gov is both accurate
and reliable.
E. Oversight of the Care of Unaccompanied Alien Children, August 16,
2018 (Report Prepared by the Majority and Minority Staffs of
the Permanent Subcommittee on Investigations and released in
conjunction with the Subcommittee's hearing on August 16, 2018)
In August 2018, the Subcommittee released a 55-page
bipartisan staff report following up on its report and hearing
from January 2016 regarding how the Federal Government fails to
protect unaccompanied alien children (UACs) once the Department
of Health and Human Services places them with sponsors in the
United States. The Subcommittee's initially began investigating
HHS's failures to protect these children after HHS placed eight
UACs into 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 6 or 7 days a week, 12
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.
In its August 2018 follow-up report, the Subcommittee found
that, although HHS had made some improvements, the Federal
Government still failed to protect these children in many ways.
Specifically, the report found:
No Federal agency claims legal responsibility or authority
to ensure UACs are not being trafficked or abused once the HHS
Office of Refugee Resettlement (ORR) places a child with a
sponsor. HHS officials offered conflicting testimony on this
issue. HHS Director of the Administration for Children and
Families Steven Wagner testified that that HHS is reviewing its
policy. HHS Secretary Alex Azar testified that HHS's previous
interpretation-that the department has no authority-stands.
Current ORR leadership told the Subcommittee staff they
recognize that prior administrations' interpretation of HHS's
legal authority places these children in a ``legal no man's
land.''
DHS and HHS took 29 months to create a JCO governing their
responsibilities for the care and safety of UACs and missed
their own deadline by 17 months. Moreover, one senior DHS
official questioned why Subcommittee staff believed the JCO was
important, implying that he did not see value in completing the
JCO and committing DHS and HHS processes to paper.
The JCO reflects the status quo. It did not address any of
the recommendations offered by the Subcommittee or the GAO. The
JCO offered no clarification of the Federal Government's
responsibility for UACs once HHS places them with sponsors.
No Federal agency tracks UACs after ORR places them with
sponsors. Without a method to track UACs after placement, the
Federal Government has few means to determine whether the
children are safe or to ensure they appear at their immigration
court proceedings.
HHS's follow-up telephone calls to UACs placed with
sponsors from October to December 2017 demonstrate that HHS
does not know with certainty where approximately 20 percent of
UACs are three months after placement. ORR found that out of
7,635 attempted telephone calls, 28 UACs ``had run away'' and
``ORR was unable to determine with certainty the whereabouts of
1,475 UAC.'' In response to those findings, HHS took no further
action to determine their whereabouts.
HHS has directed its legal service grantees to cease
providing legal representation to new UACs placed with
sponsors. HHS told the Subcommittee it believes its authority
to provide such services is ``shaky.'' According to UAC legal
service providers, UACs represented by attorneys are
significantly more likely to appear at their immigration court
proceedings.
No agency ensures UACs placed with sponsors appear at their
immigration court proceedings or enforces the sponsorship
agreement requiring sponsors to ensure the children's
appearance at the proceedings. If UACs fail to appear at their
immigration court proceedings, the court typically will enter
an in absentia removal order. Those children lose their
opportunity to present a case for staying in the United States
unless they petition to re-open their case, and if they leave
the country, they likely will be barred from future entry.
UACs are failing to appear for their immigration court
proceedings at increased rates. The percentage of UACs ordered
removed in absentia increased from 41 percent in 2016 (6,089
out of 15,016 completed cases) to 48 percent in 2017 (6,634 out
of 13,758 completed cases). According to UAC legal service
providers, many UACs fail to appear for their immigration court
proceedings because the courts are located far from where they
live and they have no means to get to court. Some UACs also
fail to appear because their sponsors do not realize they need
to file for a change of venue if they move.
The backlog of immigration court cases, including UAC
cases, is significant, and DOJ does not have enough immigration
court judges to process the cases. Currently, 732,730
immigration cases total are pending; of those, 80,266 are UAC
cases. More than 8,000 UAC cases have been pending for more
than 3 years. Further, DOJ has not hired its full allotted
complement of immigration court judges. Currently, 355
immigration judges handle all immigration court cases,
including 29 judges invested on August 10, 2018. DOJ has
authority to hire 129 additional judges. The median length of
time UAC cases currently have been pending since the filing of
a notice to appear is 480 days. This significant lapse of time
makes it less likely UACs will appear for their immigration
proceedings.
HHS does not notify State governments before placing UACs
with sponsors in those States. Without State notification,
States are hamstrung in providing welfare and other services to
the children or to ensure they attend public school. HHS has a
plan to notify State governments before placing UACs previously
held in secure facilities, but HHS has failed to implement that
plan. HHS explained it cannot implement the plan because it
cannot determine whom to notify in the State governments.
HHS regularly fails to submit required post-placement plans
to DHS for UACs who turn age 18 while in HHS's care. These
plans are supposed to inform DHS about each UAC and recommend
whether DHS should detain the UAC or release the UAC into the
community.
HHS does not contract with appropriate facilities to house
UACs who must be held in a secure facility and who also have
significant mental health or emotional issues. Housing UACs who
have significant mental health or emotional issues with the
general population in secure facilities exposes those UACs, the
facility staff, and other children to an increased risk of
harm. Due to delays in ORR's internal review processes, some
UACs are spending more time than necessary in secure
facilities. This is contrary to the statutory mandate that UACs
should be placed in the least restrictive setting that is in
the best interests of the child.
In October 2018, Senator Portman, along with Senators
Blumenthal, Lankford, and Carper, introduced the Responsibility
for Unaccompanied Minors Act to hold HHS accountable for
ensuring the welfare of UACs after placing them with sponsors
and to ensure they appear for their immigration court
proceedings.
F. Combatting the Opioid Crisis: The Price Increase of an Opioid
Overdose Reversal Drug and the Cost to the U.S. Health Care
System, November 18, 2018 (Report Prepared by the Majority and
Minority Staffs of the Permanent Subcommittee on
Investigations)
In November 2018, the Subcommittee released an 85-page
report regarding pharmaceutical company kaleo's 600 percent
increase in the cost of a lifesaving drug, EVZIO, a device that
injects naloxone to counteract opioid overdoses.
The FDA Approved Naloxone. The need to reverse opioid-
related overdoses and save lives has never been more important.
The Food and Drug Administration approved a drug called
naloxone in 1971 to counteract the effects of an opioid
overdose. Naloxone is administered three ways: (1)
intravenously by a medical professional; (2) via an intranasal
plunger delivered into one of the patient's nostrils; or (3)
via a needle injection into the patient's muscle or fat. The
more quickly an overdose victim receives naloxone, the more
effective the drug is in countering the effects of the
overdose. While naloxone is available in generic form, two
branded products exist for take-home use by untrained
individuals in the case of an overdose: (1) Adapt's nasal spray
branded as ``Narcan'' and (2) kaleo's auto-injector branded as
``EVZIO.''
EVZIO is an auto-injector device that provides verbal
instructions that talk the user through using EVZIO on an
overdose victim. EVZIO went to market in July 2014 at $575 per
unit, which includes two auto-injectors and a training device.
Since its introduction, kaleo has increased EVZIO's price to
$750 in November of 2015; $3,750 in February of 2016; and
finally to its current cost of $4,100 in January 2017 for an
increased dosage of naloxone. Narcan is available at a cost of
$125, which also includes two doses.
Despite Advice to Price EVZIO Lower, Kaleo Set the
Wholesale Acquisition Cost at $575. In July 2014, kaleo took
EVZIO to market with a Wholesale Acquisition Cost (WAC) of
$575. The WAC is the price of a drug prior to any discounts,
rebates, or other price reductions the manufacturer agrees to
with purchasers. Kaleo set the price at $575 despite two drug-
pricing consultants recommending an initial WAC between $250 to
$300. In that price range, one consultant believed EVZIO could
``own the naloxone market.'' That consultant went on to work
with Adapt to price Narcan at $125 per unit. At that price,
Narcan replaced EVZIO on at least two pharmacy benefit manager
(PBM) formularies as the preferred take-home naloxone product.
Another study commissioned by kaleo about market access
found that the medical industry responded favorably to EVZIO
due to its life-saving potential, but had public health
concerns about the drug regarding overuse and misuse. These
concerns and the availability of a generic for $16 would likely
lead to health insurance plans requiring prior authorizations
before a plan would approve a patient receiving EVZIO. Prior
authorizations meant fewer patients filling prescriptions.
Instead of heeding the advice of industry experts, kaleo took
the drug to market at $575. At that price, despite being a
seemingly innovative product, EVZIO failed to develop a market.
Kaleo Hired Consultant Todd Smith. The traditional
pharmaceutical distribution model through PBMs and health plans
was not working for EVZIO. In an effort to circumvent the
traditional pharmaceutical market and go directly to the
patient, kaleo contacted consultant Todd Smith. Mr. Smith and
his partner Ben Bove were known for taking drugs to market
outside the traditional model of contracting with PBMs and
insurance plans. The distribution model Mr. Smith used involved
dramatically increasing the WAC of a drug-something he had a
track-record for doing. For example, at Horizon Pharma, Mr.
Smith raised the price of an arthritis medication called Duexis
that combined ibuprofen and an acid reducer from $140 for a
bottle of 90 pills to $2,400 a bottle in 2013. Mr. Smith's new
distribution model worked. Horizon earned $290 million in
revenue in 2014 following its implementation.
Kaleo worked with Mr. Smith to implement his model for
EVZIO. Following a successful pilot program, kaleo put the new
distribution model into effect and raised the price of EVZIO to
$3,750 in February 2016. Kaleo launched the new model planning
to ``[c]apitalize on the opportunity'' of ``[o]pioid overdose
at epidemic levels'' and ``a well established public health
crisis.''
Kaleo Increased the Price of EVZIO More Than 600 Percent
Under New Distribution Model. As part of the new distribution
model, the company's sales force focused on ensuring physician
offices signed any necessary paperwork or prior authorizations
for the EVZIO prescription to be filled by the pharmacist and
covered by a health plan. This included paperwork indicating
that EVZIO was medically necessary, triggering coverage without
first trying a cheaper option (called a ``step edit'') for
commercial plans and coverage by government programs like
Medicare and Medicaid for the WAC, less any patient copays.
Kaleo asserted the model expanded access since a patient
received EVZIO whether their insurance covered it or not. Kaleo
self-insured prescriptions not covered by health plans giving
the patient the EVZIO at no cost. For these patients, kaleo
paid the cost of goods and any associated fees. The cost of a
unit of EVZIO (two auto-injectors and a training device)
amounted to roughly $174, which included $52 in manufacturing,
$29 in overhead, and $93 in ``obsolescence.'' For commercial
the commercial patient received EVZIO for $0.
The model relied on patients with insurance coverage to
subsidize patients without coverage. Thus, the need to raise
the price to $3,750 and, eventually, 11 months later to $4,100.
Kaleo said insurance covers around 26 percent of EVZIO
prescriptions for commercial patients and they give away the
remaining 74 percent.
The Plan Worked. Kaleo saw a noticeable increase in the
number of prescriptions filled. From July 2014 to June 2015,
working through PBMs, only 4,769 prescriptions were filled.
Following the implementation of the new distribution model and
price increase to $3,750, the company reported 66,327
prescriptions filled from February 2016 to January 2017.
Overall, the fill rate for EVZIO went from 40 percent to up to
81 percent. The distribution model also included kaleo ending
its contracts with PBMs and health plans for both commercial
and Medicare Part D drug coverage. This ended any
administrative fees paid by kaleo, but also any rebates kaleo
paid that reduced the cost of EVZIO. Kaleo also ended its
participation in the Medicaid program on March 31, 2017. The
effect of ending these contracts resulted in both Medicare and
Medicaid paying more for EVZIO.
The Cost to Taxpayers under Medicare and Medicaid
Skyrocketed. The sales for EVZIO in the first quarter of 2017
showed kaleo's dependency on government health care programs.
While Medicare and Medicaid were only 24 percent of the units
sold that quarter (2,522 units), the two programs were 75
percent of net sales ($7.94 million). Commercial plans were 66
percent of units sold (7,127 units) with net sales of $2.61
million. The Medicare program was paying an average of $3,522
per EVZIO unit with Medicaid paying an average of $2,412. At
the same time, the commercial plans were only paying an average
of $367 per EVZIO. Government health care programs were
subsidizing the broader distribution of EVZIO.
With kaleo's new distribution model in place, the cost to
Medicare continued to skyrocket. Under the traditional pricing
model in 2015, Medicare Part D paid $1.9 million for 3,162
units of EVZIO-for an average of $609 per unit. When kaleo
switched to Mr. Smith's model in 2016, Medicare Part D paid
$37.6 million for 11,360 units of EVZIO-for an average of
$3,310 per unit. In 2017, the cost to the program for EVZIO
rose to $57.2 million for 14,861 units with an average cost of
$3,852 per unit. By taking EVZIO out of the traditional
pharmaceutical market, kaleo capitalized on Medicare Part D's
market-based design to control costs through competition.
Despite Medicare paying over $142 million for EVZIO since July
2014, kaleo claimed it still has not earned a profit in over 4
years of the drug being on the market.
While kaleo ended its participation in Medicaid, the
program continued to be charged for EVZIO, but outside the
program's statutory savings mechanisms. Medicaid claims for
EVZIO processed in 2018 by two of the country's biggest PBMs
were on average above the WAC ($4,368 for CVS and $4,145 for
Express Scripts). Kaleo stated it created its patient
assistance program to replace its Medicaid participation, which
provides EVZIO at no cost to qualifying patients.
Kaleo paid Mr. Smith's consulting firm over $10.2 million
for around two years of work to install this new distribution
system. The rate was based on revenue generated by the new
distribution model. Kaleo's more than 600 percent price
increase of EVZIO not only exploited a country in the middle of
an opioid crisis, but also American taxpayers who fund
government-run health care programs designed to be a safety net
for our country's elderly and most vulnerable.
Kaleo Lowered the Price of its Drug. In response to the
Subcommittee's report, kaleo announced that it planned to
introduce an authorized generic version of EVZIO at a cost of
$178 for a carton of two auto-injectors. Kaleo stated the
authorized generic would be available to government agencies
and first responders immediately. The drug manufacturer said it
planned to make the authorized generic available to consumers
in mid-2019. The authorized generic will be the same
formulation and design as the EVZIO branded product.
SUBCOMMITTEE ON FEDERAL SPENDING OVERSIGHT AND EMERGENCY MANAGEMENT
Chairman: Rand Paul (R-KY)
Ranking Member: Gary C. Peters (D-MI)
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 (GSA) 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 115th Congress, the Subcommittee on Federal
Spending Oversight and Emergency Management held eight hearings
and one minority field summit; released two stand-alone
reports, and three compilation reports cataloging hundreds of
examples of wasteful Federal spending practices, highlighting
more than $3 billion in wasted taxpayer money; produced and
introduced a budget resolution and accompanying report; and
introduced five related pieces of legislation.
A. Hearings
The Effect of Borrowing on Federal Spending. March 29, 2017.
(S. Hrg. 115-22).
One week prior to this hearing, the Federal Debt Limit
suspension expired and the Treasury was undertaking
extraordinary measures. Later in the year, Congress again
suspending the debt limit. While some argue this should be
routine, at the time, debt was over $20 trillion and servicing
that debt was estimated to be $295 billion. The situation has
worsened since then and both then and now there is a real
concern that if interest rates return to historic norms,
interest could crowd out other sending in the budget, if it is
not already.
This hearing examined the extent to which debt is affecting
the Federal budget and how the current trajectory will affect
it in the future. Additionally, the hearing examined the debt
limit as an action forcing mechanism for fiscal and budgetary
reform, and the consequences and strategies (such as
prioritization) of not raising the debt limit.
Witnesses: Hon. David M. Walker, Former Comptroller General
of the United States, U.S. Government Accountability Office;
Dr. Veronique de Rugy, Ph.D., Senior Research Fellow, The
Mercatus Center, George Mason University; Dr. Mark M. Zandi,
Ph.D., Chief Economist, Moody's Analytics.
Prudent Planning or Wasteful Binge? Another Look at End of the Year
Spending. September 20, 2017. (S. Hrg. 115-202).
This was a follow up hearing to a previous hearing from the
114th Congress to assess if any improvements had be made. 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: Hon. Allan V. Burman, Ph.D., Commissioner,
Section 809 Panel; Jason J. Fichtner, Ph.D., Senior Research
Fellow, The Mercatus Center, George Mason University; Heather
Krause, Director, Strategic Issues, U.S. Government
Accountability Office.
Broken Beakers: Federal Support for Research. October 18, 2017. (S.
Hrg. 115-203).
Milton Friedman famously asked the National Science
Foundation itself, ``What ethical justification is there for
imposing taxes on people to finance scientific research for
which they would not voluntarily contribute?''
This hearing sought, in part, an answer to that question
and explored the disjointed and fragmented Federal research
grant making apparatus. This hearing looked at the bureaucratic
morass that researchers must go through to get and manage
research grants from the Federal Government. Moreover, the
hearing explored the Federal Government's influence over
scientific outcomes of the research they fund.
Witnesses: Brian Nosek, Ph.D., Executive Director, Center
for Open Science, University of Virginia; Terence Kealey,
Ph.D., Adjunct Scholar, Cato Institute; Rebecca Cunningham,
M.D., Associate Vice President for Research-Health Sciences,
University of Michigan Office of Research.
Terrible, No Good, Very Bad Ways of Funding Government: Exploring the
Cost to Taxpayers of Spending Uncertainty caused by Governing
through Continuing Resolutions, Giant Omnibus Spending Bills,
and Shutdown Crises. February 6, 2018.
(S. Hrg. 115-204).
This hearing occurred after the fourth continuing
resolution of fiscal year 2018 and was intended to examine the
impact of spend uncertainty on Federal agencies. At the time of
this hearing, the Federal Government was one third of the way
through the fiscal year and had not passed yet passed full year
funding. Moreover, it has been two decades since Congress
successfully passed all appropriations bills on time.
Agencies have reported how delayed appropriations actually
result in higher cost as contracts get delayed and agencies are
not able to implement directives and adjust missions to the
coming (or really at that point the current) fiscal year. The
Subcommittee previously heard testimony in our end-of-year
spending hearings that dysfunction in the budget and
appropriations process may in part cause this wasteful rush to
spend. Of course, these problems are exacerbated by government
shutdowns.
Several members have proposed legislation to combat
spending lapses (including Chairman Paul).
Witnesses: Alice M. Rivlin, Ph.D., Senior Fellow in
Economics Studies, The Brookings Institution; Maya MacGuineas,
President, Committee for a Responsible Federal Budget; Clinton
T. Brass, Specialist, Government Organization and Management,
congressional Research Service; Heather Krause, Director,
Strategic Issues, U.S. Government Accountability Office.
Afghanistan in Review: Oversight of U.S. Spending in Afghanistan. May
9, 2018. (S. Hrg. 115-324).
This hearing followed up on an April 13-18th STAFFDEL to
Afghanistan to investigate wasteful spending there and more
broadly on reconstruction in Afghanistan. The first panel of
witnesses included the Special Inspector General for Afghan
Reconstruction (SIGAR) John F. Sopko and Laurel E. Miller of
Rand Corporation who spoke to the broad scope and significant
challenges of reconstruction activities in Afghanistan.
The second panel was a staff report on the STAFFDEL, and
included testimony related to: 1) A site visit to the Afghan
Department of Interior where the U.S. taxpayer has funded
construction and renovations that SIGAR has found deficient and
wasteful; 2) A meeting with a local Afghan watchdog group that
assists SIGAR and is seeking to combat corruption in their
country; 3) A site visit to the Kabul ``Marriott'' directly
adjacent to the U.S. Embassy. This project was never completed
and turned over to Marriott who as a result pulled out of the
project. It now poses a security risk and will have to be
demolished at taxpayer expense; 4) A meeting with U.S. Army
Corps of Engineers who have funded several projects identified
by SIGAR as wasteful. They dispute that finding; 5) A visit to
a Defense Logistics Agency to observe the demilitarization and
disposal of equipment.
Witnesses: Panel I--John F. Sopko, Special Inspector
General for Afghanistan Reconstruction; Laurel E. Miller,
Senior Political Scientist, Rand Corporation.
Panel II--Gregory E. McNeill, Majority Staff Director,
Subcommittee on Federal Spending Oversight and Emergency
Management; Sergio Gor, Deputy Chief of Staff for
Communications, Office of Senator Rand Paul.
War Powers and the Effects of Unauthorized Military Engagements on
Federal Spending. June 6, 2018. (S. Hrg. 115-446).
This hearing examined the intersection of the executive
branch's war powers and Federal spending. Given that the War
Powers Act allows the president to station troops to a theater
for a period of time without congressional approval, and the
open ended nature of the War on Terror, the President has a
vast and growing capacity to commit the U.S. to a military
operation.
While some may argue these latitudes in war making
authority are necessary to address threats around the world,
funding for such ventures is often an afterthought. It is
difficult to oppose funding for troops actively engaged in
theaters of war, even if Congress disagrees with their
engagement in the first place. Thus, the President's capacity
to engage in conflict directly drives new spending. This
hearing explored that relationship and the constitutionality of
the President's capacity to prosecute the War on Terror.
Witnesses: Hon. Andrew P. Napolitano, Senior Judicial
Analyst, Fox News Channel; Jonathan Turley, Shapiro Chair of
Public Interest Law, George Washington University; Christopher
Anders, Deputy Director, Washington Legislative Office,
American Civil Liberties Union.
Examining Warrantless Smartphone Searches at the Border. July 11, 2018.
(S. Hrg. 115-365).
The purpose of this hearing was to assess the suitability
of Department of Homeland Security policies for searching the
electronic devices of travelers at the border and U.S. ports of
entry. Current DHS guidance permits customs and border
officials to seize and search the digital devices of
international travelers without individualized suspicion and
without a warrant. The far-reaching privacy implications of
this approach--which is based in large part on the so-called
``border search exception'' to the warrant requirement of the
Fourth Amendment--demands particular scrutiny in the age of the
ubiquitous smartphone. At the hearing, Senators received an
overview of the border search exception's historical origins
and jurisprudence, its suitability in the digital age, and
discussed the myriad problems associated with allowing Federal
law enforcement agencies to apply the border search exception
to electronic devices. Moreover, Senators gained additional
clarity on the existing Circuit Court split over the
government's Fourth Amendment obligations prior to searching
travelers' devices at ports of entry, and discussed proposed
legislative reforms and policy options.
Witnesses: Laura K. Donohue, J.D., Ph.D.; Neema Singh
Guliani, Senior Legislative Counsel, American Civil Liberties
Union; Matthew Feeney, Director, Project on Emerging
Technologies, Cato Institute.
The Federal Role in the Toxic PFAS Chemical Crisis. September, 26,
2018. (S. Hrg. 115-461).
The purpose of this hearing was to explore potential
Federal liability for PFAS (per-and polyflouroalkyl
substances), particularly given that much of the water
infiltration of PFAS is dues to the use of firefighting foams
used at military based. DOD has already spent several hundreds
of millions of dollars on the study, mitigation, and
remediation of PFAS.
PFAS have been in use in the United States since the 1940's
and do not break down, thus long term exposure causes them to
buildup in the environment and human body. PFAS exposure comes
through foods which have been packaged or processed in
materials containing the chemical as well as food grown in soil
with PFAS in it. Many commercial household products, including
polishes and waxes, paint, stain and water repellant fabrics
and non-stick (Teflon) products contain PFAS. Firefighting foam
also contains PFAS and is the major cause of its infiltration
into water supplies.
Research has shown that PFAS (PFOA and PFOS specifically
under the broader PFAS umbrella) can cause significant health
risks. The most common and constantly found is increased
cholesterol levels. However, PFAS in general can also
contribute to low birth weight and immune deficiencies.
Moreover, research has found that PFAS can have more serious
health risks such as causing cancer, thyroid hormone
disruption, and liver complications.
Overall, research has not found a cause and effect between
PFAS and significant negative human health conditions. PFAS has
shown to cause cancer in lower order animals (infant mice), but
such an effect has not been found in higher order animals or
humans.
Witnesses: Panel I: Peter C. Grevatt, Ph.D., Office of
Groundwater and Drinking Water, Office of Water, U.S.
Environmental Protection Agency; Maureen Sullivan, Deputy
Assistant Secretary of Defense, Environment, Safety and
Occupational Health, Office of the Assistant Secretary of
Defense, Energy, Installations and Environment, U.S. Department
of Defense; Linda S. Birnbaum, Ph.D., D.A.B.T., A.T.S.,
Director, National Institute of Environmental Health Sciences
and National Toxicology Program, National Institutes of Health,
U.S. Department of Health and Human Services.
Panel II--Andrea Amico, Co-Founder, Testing for Pease;
Arnold Leriche, Community Co-Chair, Wurtsmith Restoration
Advisory Board; Timothy Putnam JR., Vice President, Tidewater
Federal Firefighters Local F-25, International Association of
Fire Fighters.
The Local, State, and Federal Response to the PFAS Crisis in Michigan.
November 13, 2018. (Minority Field Summit--Grand Rapids,
Michigan).
On November 13, 2018, Senator Peters convened a Field
Summit entitled, ``The Local, State, and Federal Response to
the PFAS Crisis in Michigan,'' in his capacity as FSO Ranking
Member. The Summit was held at the Loosemore Auditorium on the
campus of Grand Valley State University in Grand Rapids, MI.
Approximately 100 people attended the summit including
concerned citizens, activists, and students. There was a
significant State and local media presence. Both panels were
substantive and hit the major issues that were identified for
the event, including:
The impact of PFAS contamination on the
community, including residents, anglers, and hunters;
Gaps in State and local resources needed to
respond to the crisis, notably the lack of comprehensive health
surveillance;
The Federal role in PFAS response, where it has
been lacking, and necessary next steps;
The challenge of regulating a class of chemicals
and the need to be proactive with respect to short-chain PFAS;
The challenge of addressing the immediate needs
of impacted residents in the context of a protracted data-
driven regulatory process.
Senator Peters stressed his three top takeaways from the
summit and highlighted actions that would be associated with
each priority including: (1) A Federal regulatory standard for
the class of PFAS chemicals including both long and short chain
PFAS; (2) Transparency, reliable data, and accountable State
and Federal agencies; and (3) Firm Federal commitments to safe
and effective alternatives to PFAS-laden resources.
Witnesses: Patrick Breysse, Ph.D., CIH, Director, National
Center for Environmental Health and Agency for Toxic Substances
and Disease Registry, Centers for Disease Control and
Prevention, U.S. Department of Health and Human Services;
Robert Delaney, Environmental Specialist, Michigan Department
of Environmental Quality; Carol Isaacs, Director, Michigan PFAS
Action Response Team; Adam London, RS, MPA, Administrative
Health Officer. Kent County Health Department; Richard R.
Rediske, Ph.D., Senior Program Manager and Professor, Grand
Valley State University Robert B. Annis Water Resources
Institute; Sandy Wynn-Stelt, Resident of Belmont, Michigan;
Drew Younge Dyke, Communications Coordinator, Great Lakes
Regional Center, National Wildlife Federation.
B. Reports
In his capacity of Chairman of the Subcommittee on Federal
Spending Oversight and Emergency Management, Senator Paul
released one investigative oversight report and three
compilation reports, detailing various wasteful programs,
grants, and practices that have cost taxpayers billions.
Additionally, Chairman Paul issued a report from the
subcommittee that accompanied his Fiscal Year Budget
Resolution.
Worldwide Wa$te: How the Government Is Using and Losing Your Money
Abroad. (February 2017)
This report cataloged more than 120 examples of the Federal
Government spending more than $3 billion on wasteful projects
in foreign countries. The report focused on eight specific
categories of waste: Foreign Economic Development, Foreign
``Green'' Economic Development, Foreign Infrastructure
Development, Foreign Institutional Development, Foreign Tourism
Promotion, Foreign Cultural Promotion, the Inter-American
Foundation, and Wasteful End-of-Year Spending. In these areas
the report cataloged examples of waste such as:
Trying to jump start the Haitian film industry;
Argentinian clown training, country music
festivals in Israel;
Ultimate Frisbee in China, Pagan tourism in
Belarus;
Developing a phone app to teach Kenyan farmers
how to use Google and Facebook;
Financing State run health insurance in Cambodia;
$200 million highway in Afghanistan;
Training Wal-Mart cashiers in Mexico; and
Building national parks in Russia.
Festivus 2017. (December 2017)
This is Chairman Paul's annual compilation report of
wasteful government spending. This edition of the Festivus
Report cataloged over $550 million in wasteful spending
including:
1. The Department of Commerce developing a digital down
marker for football games;
2. The Department of Transpiration building a bathroom at
a park in Queens, NY;
3. USDA Installing solar panels at a golf resort in the
Virgin Islands as part of rural development; and
4. NSF studying how to make tomatoes taste better.
Afghanistan in Review: Oversight of U.S. Spending in Afghanistan. (May
9, 2018)
This report was the result of a STAFFDEL to Afghanistan to
do a broad oversight investigation. In the report the
subcommittee (majority) documented wasteful spending, including
disposal/destruction of new (in the packaging) materials and
equipment, violation of property rights, incomplete buildings
and building errors. In addition the report discusses private
organizations in Afghanistan working to combat corruption in
that country.
Penny Plan Budget: A Budget for Fiscal Year 2019. (April 2018)
As leader of the global economy, the United States should
serve as an example of how to reduce the pressures and
fragility of massive public debts and how to initiate internal
structural and fiscally responsible reforms. In so doing, we
can help ensure the integrity of the interconnected, global
free-market economic system. Though the Federal budget has long
diverged from these principles, this budget resolution defies
those trends, providing a strong fiscal basis from which the
U.S. economy can continue to grow and flourish.
An important part of any budget resolution is its bottom
line: Does it balance? This budget balances in just 5 years
without touching Social Security. Congress can achieve these
savings by repealing the Bipartisan Budget Act of 2018 and
using the Penny Plan, which States that for every dollar the
Federal Government spends in on budget spending in a fiscal
year, it must spend one penny less the next year.
This budget is a particularly effective implementation of
the Penny Plan, because rather than making nebulous policy
assumptions that will never happen, it sets out one common
goal: balance. That is the one key assumption in this budget.
Above all, the fiscal goal of each lawmaker should be a
balanced budget. In order to achieve this goal, this budget
simply requires Congress to make a 1-percent cut to on budget
spending for 5 years. Rather than holding hands and agreeing to
the common gluttony, this plan requires Congress to do the
opposite: hold hands and sacrifice for the common good.
Festivus 2018. (December 2018)
This is Chairman Paul's annual compilation report of
wasteful government spending. This edition of the Festivus
Report cataloged over $110 million in wasteful spending
including:
NIH studying daydreaming;
Teaching special interest groups in Rwanda how to
lobby;
Paid salaries for the Somali National Army; and
Tired to combat homelessness with theater.
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 115th Congress, Chairman
Paul introduced the following legislative proposals in his
capacity as a Senator:
1. S. 1830--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 1 percent of the amount saved, capped at
$10,000.
2. S. 1740--Default Prevention Act--This bill requires the
following obligations to be granted priority over all other
U.S. obligations if the public debt reaches the statutory
limit:
Principal and interest on debt held by the
public;
Compensations, allowances, and benefits for
members of the Armed Forces on active duty;
Social Security benefits;
Medicare benefits; and
Obligations under any program administered by the
Department of Veterans Affairs.
If Congress is notified, the Department of the Treasury may
issue additional debt for the priority obligations in excess of
the debt limit. Treasury may issue the additional debt during
the 30-day period beginning on the date on which the United
States is unable to use revenues or extraordinary measures to
fully pay the priority obligations at the time they are due.
(The term ``extraordinary measures'' refers to a series of
actions that the Department of Treasury may implement to allow
the United States to borrow additional funds without exceeding
the debt limit. The measures generally include suspensions or
delays of debt sales and suspensions or redemptions of
investments in certain government funds.)
3. S. 2339--Shutdown Prevention Act--This bill provides
specified continuing appropriations to prevent a government
shutdown if any appropriations measure for a fiscal year has
not been enacted or a joint resolution making continuing
appropriations is not in effect after the fiscal year begins.
The appropriations are provided to continue to fund programs,
projects, and activities for which funds were provided in the
preceding fiscal year.
4. S. 1583--Legislative Performance Review Act--Limits all
authorizations of appropriations to 4 years and creates a new
surgical point of order against appropriating for a program
that is unauthorized. Provides an implementation period to
allow Congress to reauthorize programs currently unauthorized
or that have been authorized in law for more than 4 years. The
legislation further provides a process for authorizing
committees to seek a waiver of the 4-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.
5. S. 1973--BASIC Research Act--This bill requires each
review panel for a Federal research grant to include: (1) at
least one individual who is not professionally affiliated with
any academic or research institution, has not been
professionally affiliated in the preceding 10 years, and is an
expert in a field unrelated to that under which the grant
proposal was submitted; and (2) at least one individual who
shall serve primarily as a taxpayer advocate. Each agency that
awards such a grant shall not accept recommendations from an
applicant as to who should be on the panel or disclose the
identity of any panel member to an applicant.
The bill: (1) establishes an Office of the Special
Inspector General and Taxpayer Advocate for Research (OSIGTA),
which shall randomly select grants for review to determine if
the research will deliver value to the taxpayers; and (2)
transfers to the OSIGTA all functions which the Office of
Inspector General of the National Science Foundation previously
exercised. A grant must have OSIGTA's support to receive funds.
Each agency with annual extramural research expenditures of
over $100 million must develop a Federal research public access
policy that is consistent with and advances the purposes of the
agency and that meets specified requirements.
Any person or institution awarded a grant shall submit a
statement to the agency that awarded the grant certifying that:
(1) no funds derived from the grant will be made available
through a subgrant or subsequent grant unless the recipient's
name, its organization of affiliation, the intended uses and
purposes of funds, and specific amounts subgranted or
subsequently granted funds are disclosed to the agency for
publication on a publicly accessible website; and (2) each
subgrant or subsequent grant award funded is within the scope
of the grant award.
Each grant application shall be made publicly available.
Each agency, in awarding grants for scientific research, shall
be impartial and shall not seek to advance any political
position or fund a grant to reach a predetermined conclusion.
6. S. Con. Res. 36--Penny Plan Balanced Budget--Establishes
the congressional budget for the Federal Government for FY2019
and sets forth budgetary levels for FY2020-FY2028. This Budget
Balances in 5 years by implementing a 1-percent year over year
cut for the first 5 years and then grows at 1 percent
thereafter.
Recommends levels and amounts for FY2019-FY2028 in both
houses of Congress for:
Federal revenues;
New budget authority;
Budget outlays:
Deficits;
Public debt;
Debt held by the public; and
The major functional categories of spending.
Recommends levels and amounts for FY2019-FY2028 in the
Senate for Social Security and Postal Service discretionary
administrative expenses.
Includes reconciliation instructions directing: (1) several
Senate authorizing committees to report and submit to the
Senate Budget Committee legislation to reduce the deficit, and
(2) the Senate Finance Committee to report and submit to the
Senate Budget Committee legislation to reduce the deficit and
legislation to reduce revenues.
(Under the Congressional Budget Act of 1974, reconciliation
bills are considered by Congress using expedited legislative
procedures that prevent a filibuster and restrict amendments in
the Senate.)
Establishes reserve funds that provide flexibility in
applying budget enforcement rules to legislation relating to
efficiencies, consolidations, and other savings; or health
savings accounts.
Sets forth budget enforcement procedures for legislation
considered in the Senate.
7. S. 3031 (Became PL 115-419) Federal Personal Property
Management Act of 2018 (Sponsored by Ranking Member Peters with
Chairman Paul Cosponsoring)--Signed into law 1/03/2019
This bill requires the executive agencies and the General
Services Administration to carry out the following activities
with respect to Federal personal property management.
Each executive agency, in accordance with guidance from the
GSA, must annually inventory and assess capitalized personal
property in identifying excess property under the agency's
control. Capitalized personal property items include those
recorded on an agency's general ledger records as major
investments or assets.
Each agency must also regularly inventory and assess
accountable personal property under its control.
GSA may establish separate thresholds for acquisitions of
personal property for which affected agencies shall capitalize
and for which they shall establish and maintain property
records in a centralized system.
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 that will work to
ensure efficient and effective management of Federal programs.
II. ACTIVITY
During the 115th Congress, the Subcommittee on Regulatory
Affairs and Federal Management held 11 hearings or roundtables.
A. Hearings
Improving Small Business Input on Federal Regulations: Ideas for
Congress and a New Administration. January 19, 2017.
(S. Hrg. 115-87)
The purpose of this hearing was to examine how agencies
consider the impact of regulations on small business, whether
the requirements contained in the Regulatory Flexibility Act
and the Small Business Regulatory Enforcement Fairness Act are
adequate to address small business concerns, and steps that
Congress and the new Administration should take to ensure that
small businesses are able to contribute to the rulemaking
process in a meaningful way.
Witnesses: Rosario Palmieri, Vice President for Labor,
Legal, and Regulatory Policy, National Association of
Manufacturers; Jerry Hietpas, President, Action Safety Supply
Company; LaJuanna Russell, President and Founder, Business
Management Associates, Inc. and Member of the Board, Small
Business Majority; Karen Harned, Executive Director, Small
Business Legal Center National Federation of Independent
Business.
Empowering Managers: Ideas for a More Effective Federal Workforce.
February 9, 2017. (S. Hrg. 115-11)
The purpose of this hearing was to provide a forum to
discuss government-wide ideas for improving the effectiveness
and efficiency of the civil service. During the 114th Congress,
the Subcommittee identified a number of challenges that Federal
managers face as they oversaw employees and worked to achieve
their agencies' missions. The 2016 Federal Employee Viewpoint
Survey (FEVS) highlighted a number of these same challenges
while it also revealed areas of strength. The Subcommittee
explored common sense Federal workforce reform ideas to solve
workforce challenges. The Subcommittee discussed topics for
which Federal managers are responsible including the processes
of hiring and termination, training, and other management
issues.
Witnesses: J. David Cox, Sr., National President, American
Federation of Government Employees; Robert E. Corsi, Jr.,
Former Assistant Deputy Chief of Staff for Manpower, Personnel
and Services, United States Air Force; Bill Valdez, President,
Senior Executives Association; Renee M. Johnson, National
President, Federal managers Association.
Agency Use of Science in the Rulemaking Process: Proposals for
Improving Transparency and Accountability. March 9, 2017.
(S. Hrg. 115-18)
Agencies frequently rely on scientific studies and
information when making regulatory decisions. The purpose of
this hearing was to focus on how agencies use scientific
information in the rulemaking process and what steps Congress
and the new Administration should take to ensure agencies base
regulatory decisions on the weight of the best available
evidence, while meeting the regulatory objective, and that
agencies consider scientific information in an accountable and
transparent manner.
Witnesses: Hon. Susan Dudley, Director, Regulatory Studies
Center, The George Washington University; Andrew A. Rosenberg,
Ph.D., Director, Center for Science and Democracy, Union of
Concerned Scientists; Nancy Beck, Ph.D., Senior Director,
Regulatory Science Policy, American Chemistry Council.
Roundtable: Case Studies in Personnel Management Reform in Federal
Agencies. April 6, 2017.
Across the Federal government, agencies face challenges in
recruiting, retaining and managing their workforces. The
National Academy of Public Administration (NAPA) has described
specific cases in which communication has broken down between
frontline agency component management and their respective
human resources (HR) offices to such a degree that critical
needs go unfilled. These problems raised concerns about
strategic personnel management issues across the Federal
government and required appropriate oversight to ensure Federal
agencies are pursuing effective personnel management policies.
This roundtable was to explore two specific NAPA case studies
for the Federal Aviation Administration and Centers for Disease
Control and Prevention that have resulted in improved personnel
management performance. The panel was to shed light both on the
lessons from these success stories, and also on ways to apply
best practices across the government
Witnesses: Robert Goldentkoff, Director, Strategic Issues,
Government Accountability Office; Dia Taylor, Chief Human
Capital Officer, Office of Human Resources, Centers for Disease
Control and Prevention; Rear Admiral Annie B. Andrews, USN
(Ret.), Assistant Administrator Human Resource Management,
Federal Aviation Administration; Terry Gerton, President,
National Academy of Public Administration; Kristine Simmons,
Vice President of Government Affairs, Partnership for Public
Service.
Agency Approaches to Reorganization: Examining OMB's Memorandum on the
Federal Workforce. June 15, 2017. (S. Hrg.
115-165).
Following the President's March 13, 2017 Presidential
Executive Order on a Comprehensive Plan for Reorganizing the
Executive Branch, Office of Management and Budget (OMB)
Director Mulvaney issued a memorandum on April 12, 2017 for
agencies titled ``Comprehensive Plan for Reforming the Federal
Government and Reducing the Federal Civilian Workforce''
(memorandum). The memorandum directed agencies to submit plans
to ``maximize employee performance,'' ``high-level drafts'' of
Agency Reform Plans to reorganize programs and organizational
charts to eliminate duplication and inefficiencies, and
progress reports on ``near-term workforce reduction actions''
to OMB by June 30, 2017. In this hearing, the Subcommittee
examined the processes agencies are pursuing to reorganize,
streamline, and make their operations and organizational
structures more effective. Agencies were encouraged to provide
the subcommittee with an update on their plans to achieve the
memorandum's requirements and suggest any ways Congress can
help agencies more effectively and efficiently serve the public
Witnesses: Hon. Ellen Herbst, Chief Financial Officer and
Assistant Secretary for Administration, Department of Commerce;
Lee Lofthus, Assistant Attorney General for Administration
Justice Management Division, U.S. Department of Justice; Don
Bice, Associate Director, Office of Budget and Program
Analysis, U.S. Department of Agriculture; Michael Stough,
Director, Program Analysis and Evaluation Division, office of
the Chief Financial Officer, U.S. Department of Homeland
Security.
Examining OMB's Memorandum on the Federal Workforce, Part II: Expert
Views on OMB's Ongoing Government-wide Reorganization.
September 13, 2017. (S. Hrg. 115-177).
The purpose of this hearing was the second hearing on the
Office of Management and Budget (OMB) reorganization effort,
which explored unique perspectives on reorganization from a
number of stakeholders. This hearing was about the successes
and failures of past reorganization efforts, as well as the
best ways for OMB to work with Congress during reorganization.
Witnesses recommended the most effective means by which OMB
could be successful in pursuing reorganization by including
Congress and the greater public in its development and eventual
implementation of the reorganization.
Witnesses: Robert Shea, Public Sector Principle, Grant
Thornton, LLP; Rachel Greszler, Research Fellow, Heritage
Foundation; Christopher Edwards, Director of Tax Policy
Studies, CATO Institute; Tony Reardon, National President,
National Treasury Employees Union.
Improving Oversight of the Regulatory Process: Lessons from State
Legislatures. October 26, 2017. (S. Hrg. 115-188).
Many state legislatures approach regulatory oversight with
the goal of working with state agencies throughout the
regulatory process to achieve a culture of cooperation that has
led to more efficient and effective final rules. Whether it is
through one specific committee or the legislative body as a
whole, several states have a proven track record of working
with regulators to develop and approve final regulations before
they impact citizens and businesses. This hearing focused on
how specific states conduct regulatory oversight and what
lessons Congress can learn from these systems.
Witnesses: Hon. Scott Bedke, Speaker of the House of
Representatives, State of Idaho; Hon. Joshua A. Boschee, Member
of the House of Representatives, legislative Assembly, State of
North Dakota; Hon. Arthur O'Neill, Member of the House of
Representatives, General Assembly, State of Connecticut.
Examining Federal Managers' Role in Hiring. March 1, 2018.
(S. Hrg. 115-257).
Federal agencies continue to face a prolonged hiring
crisis. The Government Accountability Office (GAO) estimated
that by the end of 2017, nearly 600,000 Federal employees,
making up around 31 percent of the Federal workforce, were
eligible to retire. GAO and the Chief Human Capital Officer
Council Working Group have also identified critical skills gaps
in cybersecurity, auditor, human resources specialist, contract
specialist, economist, and, generally, in the science,
technology, engineering, and mathematics (STEM) fields.
Meanwhile, the government-wide average time-to-hire a Federal
employee across 24 CFO Act agencies increased from 90 days in
fiscal year 2013--105.8 days in fiscal year 2017.
This hearing examined the central role that Federal
managers played in the hiring process. The witnesses addressed
time-to-hire data and proposed both legislative and
administrative changes that can reverse the negative trend.
They also evaluated the state of Federal manager training and
the current management training system.
Witnesses: Mark Reinhold, Associate Director Employee
Services, Office of Personnel Management; Angela Bailey, Chief
Human Capital Officer, U.S. Department of Homeland Security;
Kevin Mahoney, Chief Human Capital Officer, U.S. Department of
Commerce.
Reviewing the Office of Information and Regulatory Affairs. April 12,
2018. (S. Hrg. 115-275).
This hearing reviewed OIRA and agency progress under the
new administration and covered multiple topics, including
adherence to both new and longstanding executive orders and
internal memorandums. The Office of Information and Regulatory
Affairs (OIRA) is essential to ensure that the Federal
regulatory process functions appropriately. Across both
Democratic and Republican administrations, OIRA has served as
the ``gatekeeper'' in reviewing draft regulations before they
become legally binding. Due to this vital oversight role,
Congress seeks to ensure OIRA is appropriately discharging its
duties.
Witnesses: Hon. Neomi Rao, Administrator, Office of
Information and Regulatory Affairs, Office of Management and
Budget; Hon. Brent McIntosh, General Counsel, U.S. Department
of the Treasury.
The Challenges and Opportunities of the Proposed Government
Reorganization on OPM and GSA. July 26, 2018. (S. Hrg.
115-451).
The Administration's Government-wide reorganization plan,
titled ``Delivering Government Solutions in the 21st Century,''
proposes that OPM realign and transfer its current functions to
other agencies. One of the plan's proposals, title
``Reorganizing the U.S. Office of Personnel Management,'' calls
for OPM to transfer some of its services to the General
Services Administration and form a new entity, called
``Government Services Administration.''
This hearing asked witnesses to address how OPM and GSA
could implement any proposed reorganization changes smoothly
and without service interruption for Federal employees,
beneficiaries, and other Federal agencies. Additionally,
witnesses addressed the feasibility of all proposals and the
ability of the proposals to save taxpayer dollars to improve
government effectiveness and efficiency.
Witnesses: Hon. Emily W. Murphy, Administrator, General
Services Administration; Hon. Jeff T.H. Pon, Ph.D., Director,
Office of Personnel Management.
Examination of the Effects of Regulatory Policy on the Economy and
Business Growth. September 27, 2018. (S. Hrg. 115-393).
In one of his first actions after taking office, President
Trump issued Executive Order 13771, which required agencies to
remove two existing regulations before finalizing any one new
regulation. The Executive Order also prohibits the addition of
any new regulatory cost. This shift in regulatory policy from
previous administrations provides opportunity to examine the
impact of regulatory priorities on the economy. This hearing
focused on the effects of this administration's regulatory
policy on the economy.
Witnesses: Hon. Howard Shelanski, Georgetown University Law
Center; Dustin Chambers, Ph.D., Professor of Economics,
Department of Economics and Finance, Franklin P. Perdue School
of Business, Salisbury University; Karen Kerrigan, President
and CEO, Small Business & Entrepreneurship Council; Maria
Ghazal, Senior Vice President and Counsel, Business Roundtable.
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 115th Congress, Chairman Lankford
introduced the following legislative proposals in his capacity
as a Senator:
1. S. 577--Providing Accountability Through Transparency
Act--Requires the general notice of proposed rule making by a
Federal agency to include the Internet address of a plain-
language summary, not exceeding 100 words, of the proposed
rule, which shall be posted on the regulations.gov website.
2. S. 578--Better Evaluation of Science and Technology Act
or the BEST Act--Requires agencies, to the extent it is making
a decision based on science when issuing a rule, to use the
best available public scientific information.
3. S. 579--The Early Participation in Regulations Act--
Requires agencies to publish an advance notice of proposed
rulemaking for major rules.
4. S. 580--Truth in Regulations Act--Establishes procedures
for the issuance of guidance documents.
5. S. 584--Small Business Regulatory Flexibility
Improvements Act--Ensures complete analysis of potential
impacts on small entities of regulations.
6. S. 1886--Temporary and Term Appointments--Authorizes
agencies to make noncompetitive temporary and term appointments
in the competitive service.
7. S. 1887--Direct Hires of Students and Recent Graduates
Act--Grants expedited hiring authority to the head of an agency
to appoint college graduates and post-secondary students.
8. S. 1888--Voluntary Separation Incentive Payment
Adjustment Act--Increases the maximum amount of a Voluntary
Separation Incentive Payment and to include an annual
adjustment in accordance with the Consumer Price Index.
IV. GAO Reports
During the 115th Congress, the Government Accountability
Office (GAO) issued 19 reports at the request of the
Subcommittee. Reports are listed here by title, GAO number, and
release date.
1. Grants Management: Selected Agencies Should Clarify
Merit-based Award Criteria and Provide Guidance for Reviewing
Potentially Duplicative Awards. GAO-17-113. January 12, 2017.
2. Federal Real Property: Government-Wide Building Disposal
Data Generally Reliable, but Opportunities for Further
Improvements Exist. GAO-17-321. March 2, 2017.
3. Performance Partnerships: Agencies Need to Better
Identify Resource Contributions to Sustain Disconnected Youth
Pilot Programs and Data to Assess Pilot Results. GAO-17-208.
April 18, 2017.
4. Open Innovation: Executive Branch Developed Resources to
Support Implementation, but Guidance Could Better Reflect
Leading Practices. GAO-17-507. June 8, 2017.
5. Federal Programs: Information Architecture Offers a
Potential Approach for Development of an Inventory. GAO-17-739.
September 28, 2017.
6. Program Evaluation: Annual Agency-Wide Plans Could
Enhance Leadership Support for Program Evaluations. GAO-17-743.
September 29, 2017.
7. Federal Regulations: Key Considerations for Agency
Design and Enforcement Decisions. GAO-18-22. October 19, 2017.
8. Federal Buildings: GSA Should Establish Goals and
Performance Measures to Manage the Smart Buildings Program.
GAO-18-200. January 30, 2018.
9. Federal Buildings: Agencies Focus on Space Utilization
as they Reduce Office and Warehouse Space. GAO-18-304. March 8,
2018.
10. Federal Real Property: Agencies Make Some Use of
Telework in Space Planning but Need Additional Guidance. GAO-
18-319. March 22, 2018.
11. Federal Buildings: More Consideration of Operations and
Maintenance Costs Could Better Inform the Design Excellence
Program. GAO-18-420. May 22, 2018.
12. Government Reorganization: Key Questions to Assess
Agency Reform Efforts. GAO-18-427. June 13, 2018.
13. Paperwork Reduction Act: Agencies Could Better Leverage
Review Processes and Public Outreach to Improve Burden
Estimates. GAO-18-381. July 11, 2018.
14. Federal Employee Misconduct: Actions Needed to Ensure
Agencies Have Tools to Effectively Address Misconduct.
GAO-18-48. July 16, 2018.
15. Real Property: GSA is Taking Steps to Improve
Collection and Reporting of Repair and Alteration Projects'
Information. GAO-18-595. July 23, 2018.
16. Grants Workforce: Actions Needed to Ensure Staff Have
Skills to Administer and Oversee Federal Grants. GAO-18-491.
September 20, 2018.
17. Overseas Conflicts: U.S. Agencies Have Coordinated
Stabilization Efforts but Need to Document their Agreement.
GAO-18-654. September 27, 2018.
18. U.S. Postal Service: Enhancing Procedures Could Improve
Product Scanning. GAO-18-638. September 28, 2018.
19. Fraud Risk Management OMB Should Improve guidelines and
Working-Group Efforts to Support Agencies' Implementation of
the Fraud Reduction and Data Analytics Act. GAO-19-34. December
4, 2018.