A Review of the Department of Homeland Security's Missions And
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A Review of the Department of Homeland Security’s Missions and Performance Senator Tom Coburn, M.D. January 2015 A Review of the Department of Homeland Security’s Missions and Performance A Report by Senator Tom Coburn Ranking Member Committee on Homeland Security and Governmental Affairs U.S. Senate 113th Congress January 2015 1 January 3, 2015 Dear Taxpayer, We Americans are and always have been suspicious—rightfully so—of government infringement on our rights which we hold are inalienable and not derived from the government. Rather, we believe governments are instituted to secure these rights. Yet, there is and always will be a perpetual struggle between security and liberty in a free society. Liberty requires security, but too much security can result in a loss of liberty. And the erosion of freedoms is rarely restored. We should never have to give up our rights to preserve them, and our Constitution which specifies the rights of the people and the limitations of the government does not even allow for such an exchange. This balancing act has become increasingly complicated. The 1995 Oklahoma City bombing and the 9/11/2001 terrorist attacks claimed the lives of thousands, changed the lives of millions, and forever altered how we viewed the world. Every American, no matter what part of the country or the world we live in, could be a possible target of terrorism. But our enemies are not always obvious. They do not wear the uniform of a foreign army. Their weapons are not tanks and bullets. Their tactics are unconventional. Their victims are civilians. And they are among us. Americans feel uneasy, about both the threats and the responses. We are willing to endure the inconvenience of arriving at the airport earlier and having our luggage screened, but we are wary of increased government policing and surveillance. We are concerned that despite spending billions of dollars on border security, tens of thousands continue to enter our country illegally and, in 2014, 700 miles of our Southern border were unsecure. The same is true of cyber security. We have spent billions to protect against cyber attacks, yet even White House computers have been susceptible to hacking. 2 As with so many other government initiatives, Washington is spending billions of dollars hoping that the outcome will equal the expense, but with little evidence that this is indeed the result. This type of reckless spending and failure of leadership have amassed a national debt that poses the most significant threat to our freedom and security as a nation. We are now indebted to some of the very nations that are hostile to the basic values and principles that unite us as a people. To address the debt threat, Congress must address the other threats to our nation in a fiscally responsible manner. This includes conducting oversight of federal agencies to ensure they are protecting and not infringing upon the rights of the people and also spending taxpayer dollars in the most efficient and effective manner possible. This report is a comprehensive overview of oversight conducted over the past decade to measure how well DHS is achieving its mission, operating its programs, spending taxpayer funds, complying with the law, and respecting the boundaries established to limit the federal government and protect the rights of law abiding U.S. citizens. Created after the September 11, 2001 terrorist attacks, DHS is the result of the largest reorganization of government in more than a half century. Today, the Department’s spends approximately $61 billion annually and employs more than 240,000 people. It includes many different components, directorates, offices, and programs with a broad range of missions. This report reviews each of DHS’s five main missions, where it is falling short with each, and provides recommendations to make the Department more efficient and effective. The analysis is based upon independent information and evidence as well as oversight conducted by my office and other watchdogs. Where necessary, this report notes where additional oversight is needed to improve transparency and understanding of DHS’s programs and performance. Based upon the available evidence, DHS is not successfully executing any of its five main missions. Many of DHS’s programs, in fact, are ineffective and should be reconsidered. One of the most significant challenges DHS faces is Congress. Parochial politics and overlapping 3 jurisdiction between various congressional committees and subcommmittees too often hinder and impede DHS’s mission and programs. Reforming DHS, therefore, must begin with changing Congress’s approach to homeland security. The Department must overcome many obstacles, but it confronts each with some great assets, including many of its employees who risk their lives for our security every day. Likewise, Secretary Jeh Johnson has proven to be a capable leader, a transparent partner with Congress, and committed to making tough decisions and improving the Department. I am thankful for his service and leadership, and the dedication of all of the dedicated employees of DHS who work every day to protect our nation, our citizens, and our Coonstitution. After all, those are the most important duties of our government and those who work for it, including members of Congress. A new DHS authorization bill has not been passed by Congress since the Homeland Security Act created the department in November 2002. The purpose of this report is to provide an assessment of where the Department is today, and offer recommendations for how it can be improved to strengthen our nation’s security while securing the blessings of our liberty. Sincerely, Tom A. Coburn, M.D. Ranking Member Senate Committee on Homeland Security and Governmental Affairs 4 Contents Executive Summary ............................................................................................................................................................... 6 1. The Department of Homeland Security’s primary counterterrorism programs are yielding little value for the nation’s counterterrorism efforts. ........................................................................................................ 7 2. The nation’s borders remain unsecure. .............................................................................................................. 9 3. The Department of Homeland Security is not effectively administering or enforcing the nation’s immigration laws, and some of the immigration programs the agency manages have significant vulnerabilities. .................................................................................................................................................................. 10 4. The Department of Homeland Security is struggling to execute its responsibilities for cybersecurity, and its strategy and programs are unlikely to protect us from the adversaries that pose the greatest cybersecurity threat. ............................................................................................................................... 12 5. The Department of Homeland Security is federalizing the response to manmade and natural disasters by subsidizing state, local, and private sector activity. ....................................................................... 13 Part I: Reviewing the Department of Homeland Security’s Five Top Missions and Other Main Program Areas ........................................................................................................................................................................................ 17 Mission 1—Preventing Terrorism and Improving Security ................................................................................. 18 Mission 2— Securing and Managing Our Borders ................................................................................................ 38 Mission 3— Enforcing and Administering Our Immigration Laws ..................................................................58 Mission 4—Safeguarding and Securing Cyberspace ............................................................................................. 81 Mission 5—Strengthening National Preparedness and Resilience .................................................................. 99 Other Key DHS Components, Directorates, Offices, and Programs ............................................................... 124 Part II: Recommendations .............................................................................................................................................. 150 1. Reforming DHS must begin by reforming Congress’s approach to homeland security—including streamlining committee jurisdiction over DHS and putting aside parochial considerations when making policies for DHS. ............................................................................................................................................. 150 2. Congress and the Department should refocus its programs and missions on national priorities and the Constitutional responsibilities of the federal government where the Department is the lead agency. ………………………………………………………………………………………………………………………………………………………………………….152 3. DHS’s leaders responsible for executing its missions should be given the authority to manage and lead the Department, including strengthening DHS’s culture, and be held responsible and accountable for its performance .......................................................................................................................................................