Task Force Report on Streamlining and Consolidating Congressional Oversight of the U.S

Task Force Report on Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

September 2013

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Task Force Executive Summary

Congressional leaders are best able to judge what committee should have jurisdiction over this department and its duties. But we believe that Congress does have the obligation to choose one in the House and one in the Senate, and that this committee should be a permanent standing committee with a nonpartisan staff. —9/11 Commission Report

Nearly a decade after the 9/11 Commission threats posed by small aircraft and boats; issued its report on the greatest act of terrorism cyberattacks; and biological weapons. on U.S. soil, one of its most significant “I think we’ve been distinctly less secure recommendations has not been acted upon. from a biological or chemical attack than we The call for consolidated Congressional would have been had we had a more rational oversight of the U.S. Department of and targeted program of identifying the most Homeland Security (DHS) is, in the words of serious threats,” said former Sen. Bob Commission co-chair Thomas H. Kean, Graham (D., Fla.). As the 9/11 Commission “maybe the toughest recommendation” Report noted: “So long as oversight is because Congress does not usually reform governed by current Congressional rules and itself. resolutions, we believe that the American people will not get the security they want and To underscore the importance of this need.” reform, The Annenberg Foundation Trust at Earlier work by policy groups such as the Sunnylands and the Aspen Institute’s Justice Heritage Foundation and Brookings and Society Program convened a task force Institution attests to the consensus that in April 2013, including 9/11 Commission co- consolidated oversight of DHS is needed. chairs Kean and Lee H. Hamilton, former Among the concerns: More than 100 DHS officials under Presidents Barack Congressional committees and subcommittees Obama and George W. Bush, and members claim jurisdiction over it. In 2009, the of Congress (Appendix). While the failure to department spent the equivalent of 66 work- reform DHS oversight may be invisible to the years responding to Congressional inquiries. public, it is not without consequence or risk. Moreover, the messages regarding homeland Fragmented jurisdiction impedes DHS’ ability security that come out of Congress sometimes to deal with three major vulnerabilities: the appear to conflict or are drowned out 4 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

altogether. As former DHS Secretary Michael Chertoff noted, “When many voices speak, it’s like no voice speaks.” The task force recommends that:

● DHS should have an oversight structure that resembles the one governing other critical departments, such as Defense and Justice. ● Committees claiming jurisdiction over DHS should have overlapping membership.

Since a new committee structure cannot be implemented until the 114th Congress is seated in 2015, the task force also recommends these interim steps toward more focused oversight:

● Time-limiting subcommittee referrals to expedite matters of national security. ● Passing, for the first time since formation of the department in 2002, an authorization bill for DHS, giving the department clear direction from Congress.

Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 5

Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security So long as oversight is governed by current Congressional rules and resolutions, we believe that the American people will not get the security they want and need. —9/11 Commission Report

In 2002, the federal government’s third- We found among other things that there largest department, the Department of had been inadequate communication Homeland Security, was created by putting among the agencies with a responsibility under one umbrella 22 departments and to alert us to a security threat. The FBI agencies, from the Coast Guard in the and the CIA had information which, Department of Transportation to the Border had it been brought together, might well Patrol in the Department of Justice to the have allowed us to have avoided 9/11.2 U.S. Secret Service in the Treasury Department. In July 2004, the 9/11 The 9/11 Commission reached the same Commission issued 41 recommendations, conclusion. In the words of former Gov. Kean: including one that the Commission itself noted was among “the most important” but Before 9/11, Congress was not doing also “the most difficult to realize” — reform of its job of oversight of the intelligence Congressional oversight of the U.S. agencies that were not doing the job Department of Homeland Security (DHS). In themselves. That was one of the the words of Commission co-chair Thomas H. lessons of 9/11. This recommendation Kean, “We had a number of members of the [resulted from asking the question], commission like [co-chair and former Rep. “How can we make sure that … Lee H.] Hamilton who had served in the body, Congress is in fact … doing the most and they all said the same thing: This may be that [it] can to protect [us]?”3 the toughest recommendation” because Congress doesn’t usually reform itself.1 In the nine years since the 9/11 The recommendation of the 9/11 Commission issued its findings, the vast Commission addressed problems that had majority of its recommendations have been contributed to the United States’ vulnerability implemented in whole or in part. Not so the to attack on 9/11. Former Sen. Bob Graham one urging the streamlining of Congressional (D., Fla.), co-chairman of the Senate oversight of DHS. Since the 9/11 report was Intelligence Committee on 9/11, recalls: promulgated, independent reports by a 6 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

variety of groups – including the Bipartisan the nation’s well-being and security? Policy Center, the Heritage Foundation, the ● What are the structural and political Brookings Institution, George Washington barriers to reform? University’s Homeland Security Policy ● What should be done now and when Institute, and the Center for Strategic and the new Congress convenes in January 2015? International Studies-Business Executives for National Security – have underscored the Drawing on the experience of its need for oversight reform. They have charac- members as evidence, this report offers the terized the current system as “balkanized Sunnylands-Aspen Task Force’s answers. and dysfunctional” (CSIS-BENS, 2004)4, “jurisdiction … carved up to accommodate Why Congressional Oversight Matters antiquated committee structures” (BPC, 2011),5 “duplicative and wasteful” (HSPI, Congress’ job is to look into every nook 2004),6 a “crushing … failure” (Brookings, and cranny of the executive branch to 2006),7 and “byzantine” (Heritage, 2012).8 see that the laws are being properly To raise awareness of the need for executed, to make suggestions [about] Congress to respond to this 9/11 Commission where improvements can be made. To recommendation, The Annenberg Foundation understand what the policy of the Trust at Sunnylands and the Justice and executive branch is. To try to be Society Program of the Aspen Institute, in constructive and to be a critic as well if partnership with the Annenberg Public Policy they don’t like what the executive is Center of the University of Pennsylvania, doing. If it is properly done, if the right convened a high-level bipartisan Task Force on questions are asked, it can greatly Streamlining and Consolidating Congressional strengthen the operation of a Oversight of the U.S. Department of department. … Proper, tough, robust Homeland Security, in April 2013, at The oversight can put the bureaucracy on Annenberg Retreat at Sunnylands in Rancho its toes, can make sure that the law is Mirage, Calif. Among its members are 9/11 being implemented, can see that Commission co-chairs Hamilton and Kean, there’s not a lot of hanky-panky going former DHS officials under Presidents on, corruption. And to make sure that Barack Obama and George W. Bush, and the people are being well served.9 past and present members of Congress (see —9/11 Commission co-chair and Appendix, p. 24). former Rep. Lee H. Hamilton (D., Ind.) The task force members examined five questions: “Properly executed” oversight, as former DHS Secretary Michael Chertoff notes, ● Why does Congressional oversight enables members of Congress to better matter? “understand the department that they’re ● What are the characteristics of an looking at, understand the issues well, ask effective oversight structure? sharp and informed questions and get answers ● How does fragmented oversight affect that are helpful in determining whether the Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 7

department or agency is performing most efficiently.”10 Former Homeland Security Congressional oversight Adviser Kenneth L. Wainstein agrees: Effective Congressional oversight “enhances is most constructive when our national security” by helping “to inform a Congressional committee the legislative process. The more Congress builds expertise and is in conducts oversight, the more [its members] understand the workings of the executive a position to see the big branch, and the better the legislation that picture, ensuring that they produce, which assists the executive branch in its efforts to protect the country.”11 existing legislation is “We oversee to make sure that they’re implemented properly and doing what we ask them to do — that’s the law,” observes Rep. Loretta Sanchez (D., new legislation responds Calif.), a member of the House Committee to evolving threats. on Homeland Security. “We oversee them to know that they’re not spending too much or too big picture, ensuring that existing legislation little money in an arena, that there’s no cor- is implemented properly and new legislation ruption.”12 responds to evolving threats. For example, “Congressional oversight,” says former as Chertoff notes, “Over time the committees Rep. John Tanner (D., Tenn.), “is probably as in the defense area in Congress have had important a function of Congress as any quite a lot of influence on the direction of other. … It has to do with the wise utilization of defense policy because there’s been a single whatever resources come to the government. focal point in each House for authorizing And it has to do at the end of the day with the what the Department of Defense does.”14 confidence level people have … the confidence The Constitution, in Article I, Section 9, that the government is actually functioning in provides, in part: “No Money shall be drawn a way that makes sense to people.”13 from the Treasury, but in Consequence of Appropriations made by Law.” This gives the The Characteristics of an Effective Congress the power over federal spending. Congressional Oversight Structure This legislative provision is broadly enforced by laws, such as the Antideficiency Act, that Effective oversight occurs when corresponding limit what executive branch officials can do committees in each House hold a department with the funds given them. accountable and use their power to ensure As the size and role of government has that it has the authorizations and resources it grown, Congress has realized that it needs to requires to accomplish its mission well and in divide policy deliberations from spending. a way that makes efficient use of tax dollars. Both Houses have established separate Congressional oversight is most authorizing and appropriations committees to constructive when a Congressional committee achieve this. Programs and their administration builds expertise and is in a position to see the are to be funded through an annual 8 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

appropriation process, while overseen and on Education & the Workforce. Likewise, these authorized by a separate authorizing two committees have the main responsibility committee. The Congress exercises its “power for developing and drafting legislation relating of the purse” through this authorization and to the Department of Labor. appropriation of funds. The same is true of most of the other Most executive agencies are chiefly departments and agencies of the Executive associated with and scrutinized by a single Branch. The State Department is closely legislative committee in each chamber of aligned with the House Committee on Congress. For instance, the operations of the Foreign Affairs and the Senate Committee on Department of Labor are principally overseen Foreign Relations. As the following table in the Senate by the Committee on Health, shows, major Cabinet departments correspond Education, Labor & Pensions and in the with one or two substantive committees in House of Representatives by the Committee each chamber of Congress.

Department House Committee Senate Committee or Agency

Agriculture Agriculture Agriculture, Nutrition & Forestry Defense Armed Services/ Armed Services/ Intelligence Intelligence Education Education & Health, Education, Labor the Workforce & Pensions Energy Energy & Commerce Energy & Natural Resources Justice Judiciary Judiciary Labor Education & Health, Education, Labor the Workforce & Pensions Director of National Intelligence Intelligence Intelligence/CIA State Foreign Affairs Foreign Relations Treasury Financial Services/ Finance/Banking, Housing Ways and Means and Urban Affairs Veterans’ Affairs Veterans’ Affairs Veterans’ Affairs Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 9

However, when jurisdiction is diffuse — How Fragmented Oversight Affects asserted, in this case, by more than 100 the Nation’s Well-Being and Security committees and subcommittees, each with a different mandate — good oversight is The current state of DHS oversight hampers difficult. As Chertoff, DHS Secretary from the department’s functioning in three primary 2005 to 2009, said at Sunnylands: ways: redundant requests from committees drain valuable resources; the overlap of A fragmented oversight structure legislative roles complicates Congressional means conflicting direction, maybe oversight and results in less Congressional uncertainty about what Congress control; and that same fragmentation prevents wants, and it certainly means a burden Congress from addressing pressing concerns of appearing at hearings or producing in a timely fashion. paper for Congress that multiplies in a way that actually impedes the 1. A Drain on Resources department’s ability to focus on its operations.15 Forcing people who should be doing their jobs securing our homeland to The lack of alignment between the House spend more of their time reporting to and Senate committees claiming jurisdiction Congress than doing their job is wrong.17 is problematic as well. Currently, the Senate —Former Rep. and House Rules Homeland Security and Governmental Affairs Committee chair David Dreier (R., Calif.) Committee has less oversight of homeland security than its counterpart, the House The complications created by fragmented Committee on Homeland Security. Caryn oversight were on vivid display in November Wagner, who worked both on the House 2012 when a DHS official decided not to Permanent Select Committee for Intelligence fulfill a request to testify before a and for DHS as Under Secretary for Congressional committee. As Administrator Intelligence and Analysis, explains the difficulty of the Transportation Security Administration created when House and Senate committee (TSA), a part of DHS, John S. Pistole jurisdiction does not match up: oversees a 61,000-person workforce, the security of more than 450 U.S. airports, and The House passes a bill and the the Federal Air Marshal Service, as well as Senate passes a bill. Then they get highway, railroad, port, mass-transit and together in conference and come up pipeline security throughout the nation. In with one bill that ideally the president late 2012, he drew attention to the issue of signs into law. If you don’t have divided oversight when he declined a request jurisdiction over the same elements, by the House Subcommittee on Aviation to it’s really impossible to conference a testify on passenger policies on the grounds comprehensive bill.16 that the panel lacked jurisdiction over the TSA. At that time, Pistole said the TSA would continue to work with its committees of 10 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

jurisdiction to pursue effective security solutions. What appeared to the TSA to be a Every request for a measured response to a redundant demand was taken by the subcommittee as a symbolic briefing or invitation to finger in the eye. While conceding that the sub- attend a DHS hearing committee does not have “direct jurisdiction,” requires a commitment Rep. Bill Shuster (R., Pa.), the incoming chair, observed of the TSA, “When they impede the of resources. By one traveling public, they need to answer to the estimate, no other agency committee.”18 Although the TSA head challenged the subcommittee’s jurisdiction, spends as much time on the Homeland Security Department’s Inspector Capitol Hill as DHS. General’s office tacitly granted it by accepting an invitation to testify at the same hearing.19 In the 112th Congress (2011-2013), TSA dozens of redundant questions on network personnel testified at 38 hearings and provided protection.22 Nonetheless, Congress has been 425 briefings for members of Congress, unable to pass a comprehensive cybersecurity numbers consistent with the worry expressed bill. in 2010 by then-Homeland Security Secretary “When you have different Congressional Janet Napolitano that: committees all asking questions or conducting oversight into the same areas of an agency’s Our principals and their staff [are] operations,” Wainstein says, “that means spending more time responding to that their officials … who are responsible for, Congressional requests and require- in the case of DHS, protecting the homeland ments than executing their mandated [are] spending hours responding to redundant homeland security responsibilities.20 questions. … That’s time that they’re not committing to protecting the nation.”23 Every request for a briefing or invitation In the 112th Congress, more than 100 to attend a hearing requires a commitment of Congressional committees and subcommittees resources. By one estimate, no other agency asserted jurisdiction over DHS (compared spends as much time on Capitol Hill as DHS. with the 36 committees and subcommittees In 2007 and 2008, for example, officials at that oversee the Department of Defense, the Department of Veterans Affairs, a depart- which has a budget 10 times greater and ment of comparable budget and size to DHS, millions more employees). DHS personnel testified at half the number of hearings participated in 289 formal House and Senate before just two committees, and gave less hearings, involving 28 committees, caucuses than one-tenth as many briefings as DHS.21 and commissions, which required testimony By contrast, Congress recently brought DHS from more than 400 DHS witnesses. The officials before five committees for almost a department also participated in more than dozen hearings on cybersecurity issues in 4,300 briefings and other non-hearing less than a year, requesting answers to engagements with Congress.24 r eng CoSHD reng Elnaoiss megang ntem t21 1~ t21 Cot ~ssrengh 1650 engagements with 17 of the C911 ttemmio Ss,ette ttemmiocbu s,ette 1346 engagements with 17 of the 21 standing House Committees; 25 standing Senate Committees; secuuca a codns snossiimm 204 were hearings 82 were hearings

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Think of having 100 bosses. Think of noted in a recent interview, “You can’t have reporting to 100 people. It makes no oversight with over 90 committees … [and] sense. You could not do your job under it’s gotten worse, not better. And so in that those circumstances.25 area, it continues to be dysfunctional. And —9/11 Commission co-chair and everybody knows it.”30 former New Jersey Gov. Tom Kean So, for example, in the House the Three buzzwords used in Washington Transportation Committee, which used are “accountability,” “disclosure,” and to have the Coast Guard and FEMA “transparency.” Those three words are under its supervision, will continue to thrown out all the time. If you look at try to insert itself into supervising those the notion of the people at the parts of the Department of Homeland Department of Homeland Security being Security, even though there actually is accountable, the difficult thing here is, a Homeland Security Committee that’s to whom are they accountable?26 supposed to look at the whole —David Dreier department. As a consequence it’s a little bit like childhood soccer games. These numbers understate the time Everybody runs after the ball, and they commitment required to respond effectively. wind up colliding into each other.31 Drafting testimony for each hearing typically —Former Homeland Security requires the work of two or three subject Secretary Michael Chertoff matter experts. The Office of Legislative Affairs and the general counsel must review 2. Diminished Congressional Influence the prepared remarks. Depending on the issue, senior managers may need to approve The fractured system of Congressional the substantive content of the testimony. One oversight makes it difficult for Congress to or more preparation sessions are required. enact substantive legislation guiding DHS. And after the hearing there typically will be a Emblematic of this difficulty: In the 10 years series of questions for the record, for which since it was established, DHS has never had responses must be drafted. One estimate a comprehensive authorization bill. Such suggests that each hearing requires legislation, routine for comparable agencies one month’s worth of person-hours of such as the Department of Defense, is the preparation.27 In 2009 alone, DHS spent forum in which Congress sets its priorities roughly 66 work-years responding to and offers comprehensive policy direction to questions from Congress, at a cost to a department, while providing it with the taxpayers of $10 million.28 legislation necessary to effectively perform Rep. Lamar Smith (R., Texas), chair of its daily operations. In the absence of such the House Judiciary Committee, which a bill, most DHS policy is made through oversees part of DHS, asserted in 2011 that the already overextended appropriations Congress meant to create a “purposeful committees (a process that severely diminishes redundancy” with its oversight.29 But as Kean the Congressional “imprint” on DHS), Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 13

through piecemeal authorizations such as the SAFE Port Act, or through executive The fractured system of interpretation of statute. “The authorizing legislation is the Congressional oversight primary means by which the Congress tells makes it difficult for the executive branch what it wants done,” Congress to enact Hamilton notes.32 “They write it into law in the authorization law. Totally absent in the substantive legislation Department of Homeland Security. There’s guiding the Department never been an authorization bill. Why not? Because responsibility is so fragmented of Homeland Security. within the House and the Senate that they can’t get a bill out. … What this means is that the power of the Congress is sharply more severe. In the words of Caryn Wagner, diminished. And it shifts over to the executive DHS Under Secretary for Intelligence and branch because they don’t have any Analysis during President Obama’s first term, guidance … from Congress.” “The lack of an effective authorization process for the Department headquarters To get an authorization bill [for the compounds the difficulties of the Department Coast Guard] requires that bill to be in maturing its foundational business processes sent to a lot of committees because and in properly structuring and resourcing itself they have jurisdiction over portions of to achieve the type of synergy envisioned when the bill. … In my four years as the Department was created.” commandant of the Coast Guard, I did Moreover, the messages regarding not get an authorization bill in any year. homeland security that come out of So every year I was appropriated Congress sometimes appear to conflict or money. But to the extent that there are drowned out altogether. With so many were changes in law needed for how Congressional voices dictating to DHS, there we deal with oil spill response, the is little cost to the department in ignoring the safety of vessels, these kinds of things, messages that it dislikes or the policies it there was no vehicle by which to make wishes not to implement. As Chertoff puts it: those policy changes or seek changes “When many voices speak, it’s like no voice in those laws for four years.33 speaks.”34 —Thad Allen, retired Admiral and 23rd Coast Guard Commandant The [DHS] winds up getting a mixed message. … So either the department While DHS is not the only department has no guidance or, more likely, the hampered by the recent trend toward operating department ignores both because through appropriation and continuing they’re in conflict. And so the depart- resolutions, the negative effect of this lack of ment does what it wants to do.35 guidance on a relatively new department is —Michael Chertoff 14 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

the nation’s security and resilience. As the The erosion of interest in memories of 9/11 have dimmed and no comparable attack has occurred, interest in serving on the Committee serving has waned. has been accompanied by a decline in the age, In the beginning, the committee actually was populated with some of the homeland-security appropriators and some of the experience, and influence chairmen or more senior members of other committees that would have a of its members, and thus vested interest in making homeland in the influence of the security a real being in the Congress. But after a while it became pretty Committee itself. apparent that those chairmen were not really interested in vesting the real Among the problematic results is a meat of some of the problems in over- reduced rather than enhanced Congressional sight issues in the committee, and so role in protecting the homeland. So, for soon they fell off of the committee. example, a 2012 study examining the degree They decided they didn’t want to be on of influence that Congress has over policy in it any longer, and it became populated various federal departments and agencies by people with less seniority, and today found an inverse correlation between the has many, many freshmen on it.37 number of committees exercising oversight —Rep. Loretta Sanchez (D., Calif.), of an agency and Congressional influence on Homeland Security Committee member policy matters. Indeed, looking at DHS, the study said that the “108 committees and sub- The erosion of interest in serving on the committees overseeing the Department of Committee has been accompanied by a decline Homeland Security may provide members in the age, homeland-security experience, and with access to DHS resources but also affect influence of its members, and thus in the the ability of Congress to compete with influence of the Committee itself. In the process, presidential influence over the general direction overall Congressional participation in DHS of agency policy. Members overly focused on oversight has — at least in part — degenerated securing district resources … may be unwilling into turf battles, as indicated by the cases of or unable to focus on the larger policy goals.”36 biological and cybersecurity threats and Proceeding hand-in-hand with the unregulated vehicles noted below. Moreover, proliferation of oversight committees has where other departments and agencies enjoy been a decline in interest in serving on the the benefits of having a champion on their House Committee on Homeland Security. In the primary committee, DHS does not. immediate aftermath of 9/11, the magnitude of that tragedy elicited a strong desire to serve on the Committee in order to enhance Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 15

3. Delayed Response to Pressing During the retreat at Sunnylands, task Concerns force members identified vulnerabilities that highlight the need to consolidate oversight as In a fragmented structure, no one committee soon as possible: unregulated small aircraft is tasked with — and as a result accountable and boats, cybersecurity, and biological for – seeing the big picture. At the same time, threats. getting legislation passed is complicated by competing demands from multiple committees Unregulated Small Vehicles and by a process that is filled with opportunities for intervention by those whose interests are Suppose I’ve got a small plane coming not served by passage of the bill. Routine into Teterboro. I walk out to the airport pieces of legislation that would enable the and get into the plane. I don’t go Department to function more effectively can take through any screening. The same months to go through multiple committees with problem occurs with boats. We have to differing agendas, and may never be enacted. get control of our air space and our waterways to make sure nothing that I believe that the worst thing that could harm us comes in by that happens by not concentrating oversight method.40 into a committee like the Homeland —Tom Kean Security Committee is that everybody knows a little bit but nobody is really Task force members voiced concern that taking a look at the overall picture. And DHS and Congress have not done enough to that’s very dangerous because that’s protect against the prospect that small, how things fall between the cracks.38 general aviation aircraft and unregulated sea —Rep. Loretta Sanchez vessels will transport weapons of mass destruction into the United States, be used The Homeland Security Act was as weapons themselves (as were the planes successful in creating a single on 9/11), or will transport individuals into the subcommittee on appropriations for country intent on doing it harm. Admiral Thad homeland security. But the act … Allen said that he spent years attempting to didn’t resolve overlapping jurisdictions, advance draft legislation on small-vessel gaps in jurisdictions [on the authorizing security: structure]. One of the things at the 10th anniversary of DHS that’s sorely needed What size vessel should carry an is a baseline evaluation of all those identification device [of the sort] statutes that were merely aggregated required on aircraft? Should there be against what we think Homeland Security licensing so you know who’s operating ought to be 10 years later. And it’s hard a boat? Should there be areas where to do that with the current oversight small boats shouldn’t operate because structure with multiple committees.39 of the vulnerable infrastructure that’s in —Thad Allen the area? … If you try to come up with 16 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

a framework to deal with unregulated The cyberthreat is a big threat to this small boats and the vulnerabilities that country. Congress can’t pass a bill on exist there, and you look at the number it. They’ve worked at it for years. of committees that would have to be They’ve not been able to agree involved, it becomes very, very hard. between the House and Senate. … And frankly there hasn’t been an What that means is that the House and appetite to take this on.41 Senate – the Congress, if you will — is deferring power to the president. The Cybersecurity president writes an executive order. An executive order is not as good as a “A lot of our national leaders — military piece of legislation. It pertains to the leaders, leaders of our intelligence agencies executive branch. So there are limitations — think that one of the great growing threats to that.44 to American security are these cyberattacks,” —Lee Hamilton notes former Rep. Howard Berman (D., Calif.). Meanwhile, efforts to combat cyberthreats, Cybersecurity is not an issue about including those originating from countries partisanship because many of the such as China and Iran, have been caught proposed bills have had bipartisan up in disputes over whether DHS or the support. It’s really an issue of so many National Security Agency has authority. Task different committees that all have their force members fear that divided jurisdiction particular interest and they can’t get over this complex issue has made it more together with a coherent plan to pass a difficult for the nation to respond effectively to law to help protect the United States a major cyberattack, with one participant against very real cyberthreats.45 pressing for much greater attention to the —Arif Alikhan, deputy executive difficulties of managing the nation’s “virtual director for law enforcement and border in a global commons.”42 homeland security, Los Angeles World Airports The Armed Services Committee has thoughts about the subject [of cyber- Attempts to clarify oversight have been security]. The Homeland Security frustrated. In 2005, for instance, a plan to Committee thinks this is about making give jurisdiction over cybersecurity to the the homeland more secure. … So it is House Homeland Security Committee was harder to get a consensus. It’s harder met by protests from the Energy & Commerce to give the authority to the Executive Committee, and the matter was dropped.46 Branch to create the defense than it The seven Congressional committees that might otherwise be. That’s a problem.43 claim some jurisdiction over cybersecurity —Former Rep. and Foreign Affairs issues often clash, producing bills that Committee chair Howard Berman conflict with one another by vesting jurisdiction (D., Calif.) in favored agencies within and outside DHS. The result: Bills are reported out of commit- Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 17

tee but fail to secure the needed votes on the committee, you’re not likely to get it House or Senate floor, or are so watered right, and the American people are down that they fail to address the threat. therefore more vulnerable to what the For example, in 2012 the House WMD Commission found to be the most Homeland Security Committee’s Promoting likely weapon of mass destruction to be and Enhancing Cybersecurity and Information used.49 Sharing Effectiveness Act sought to give cybersecurity regulatory authority to DHS. We haven’t been able to get Congress But it competed with the House Intelligence to act because the responsibility for Committee’s Cyber Intelligence Sharing and setting priorities for biological mechanisms Protection Act, the House Oversight and is scattered in several committees and Government Reform Committee’s Federal they have disagreed as to which federal Information Security Amendments, and the agencies should have the ultimate House Committee on Science, Space & responsibility for making these priority Technology’s Cybersecurity Enhancement decisions and about how these Act – all of which put the authority elsewhere.47 decisions should be made. … If the None got the traction to pass both houses of committee is responsible for, say, the Congress. Centers for Disease Control, it would In April 2013, for the second year in a row, like the responsibility to be in the the House passed the Cyber Intelligence Centers for Disease Control because Sharing and Protection Act. But the Senate then it would have oversight of it.50 has refused to vote on the measure. Senators now are reportedly drafting bills in Though experts say that only a dozen or at least three committees: Homeland Security, so deserve close scrutiny, the federal Commerce, and Intelligence.48 government maintains a list of 75 biological threats. Legislation recently introduced to Biological Threats prioritize those threats failed to pass. One of the primary reasons was disagreement over The need for a more systematic which agency will retain control. “We’ve been approach to bio-threats was voiced at the trying,” Graham noted, “…to redo this list and retreat by retired Sen. Bob Graham (D., Fla.), have those 12 or so that are the major former co-chair of the Congressionally threats put in a category where they will get mandated Commission on the Prevention of the highest level of attention and security. … Weapons of Mass Destruction Proliferation We haven’t been able to do that because the and Terrorism, who said: Congress has the jurisdiction of the Department of Homeland Security in one Unless the Congress is in a position to committee and the jurisdiction of the look at an issue like biological attacks Department of Health and Human Services in a strategic way and not just focus on in another, and they haven’t been able to decide the one piece of the problem that may which executive agency should have the be within the jurisdiction of a particular responsibility for managing this new list.”51 18 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

Americans should not settle for incremental, ad hoc adjustments to a system designed generations ago for a world that no longer exists. —9/11 Commission Report

Structural and Political Barriers One of the things I concluded 20 years to Reform ago was that members of Congress would just as soon give up their first- Despite the advantages that would accrue to born [as] give up jurisdiction over the the nation, task force members and other executive branch in particular areas.53 experts have noted roadblocks to consolidating —David Dreier and streamlining DHS oversight. Chief among them: strong resistance from the chairs of All of this suggests that the most committees who would lose some of their promising strategy for reform lies in convincing power were oversight to be streamlined and Congressional leadership that it is the right the challenge of capturing the media’s thing to do. Only a leadership convinced of attention and the public’s imagination with an the benefits to the country is likely to make issue that at first glance appears remote from such oversight reform happen. most people’s lives. Finally, the issue of Congressional Those seeking to reform oversight must oversight has long been seen as an “inside- take into account the political realities that the-Beltway” problem, one hidden beneath undergird the jurisdictional structure. Service layers of procedure and mundane logistics. as chair of the House Committee on As a result, even though Congress’ failure to Homeland Security or the Senate Homeland act may jeopardize the safety and security of Security and Governmental Affairs Committee the country, it has been difficult to mobilize is unlikely to carry electoral payoffs, since public interest in remedying the problem. enhancements to public safety are most Former Rep. Dan Glickman (D., Kan.), often experienced at the national level rather executive director of the Aspen Institute’s than as specific benefits to a district or state. Congressional program, recently observed Moreover, if oversight reform is implemented, that the American people are most some existing committee chairs will lose concerned with issues that affect their day- some power and turf. to-day lives, and that is why more people have an opinion about the TSA than about Members of Congress have tried to most other DHS component agencies. keep as much of the power that they Americans encounter DHS’ FEMA in times had historically through this concept of of disaster, its Customs and Border Protection legacy jurisdiction over the agencies during international travel, and its Coast even though the agencies have Guard employees in coastal communities and technically been moved under another at sea. Yet a decade after DHS was formed, committee.52 most Americans still don’t understand the —Bob Graham department’s “all hazards” mission, or how all Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 19

its components fit together. As a result, Task force members were united in the the public is unlikely to tell members of conviction that: Congress that they ought to reform the oversight structure of DHS. And an issue Consolidating Congressional oversight involving oversight is, admittedly, a distinctly of DHS would enhance accountability. unsexy topic, far less likely than others to capture media attention. If it is to function effectively, such oversight should be consistent with that of What Should Be Done Now and Cabinet departments that bear similar When the New Congress Convenes levels and kinds of responsibility for in January 2015 the safety and resilience of Americans in the face of both man-made and To meet the ongoing security challenges our natural threats and disasters. country faces, the task force recommends specific actions by the executive and legislative The task force believes that the oversight branches, as well as a role for the media: process in both houses should be significantly streamlined and the Senate and House 1. Congress oversight structures aligned with each other to the extent possible. Fragmented oversight, the task force The task force noted that previous studies concluded, increases security risks for the agree that streamlined Congressional United States by reducing the coherence of oversight of DHS would benefit the nation. our national focus on prevention, protection Their reform proposals include separating and planning at a time when more needs to the supervision of DHS’ immigration and be done. Under the current arrangement, homeland security roles and retaining the retired Coast Guard Admiral and task force main oversight committees while canceling member Thad Allen said, Congress all too the jurisdiction of other Congressional often “engages in random acts of after-sight.” committees considered redundant. Consistent with the 9/11 Commission’s recommendation, this report has argued:

To ensure that the oversight process works efficiently, Congress should significantly reduce the number of committees with jurisdiction over homeland security and consolidate primary oversight of the key DHS component agencies under one committee in the House and one in the Senate, with coordinated jurisdiction. 20 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

This task force believes that Congress is segments of the Department of best positioned to decide which structure Homeland Security operate with best satisfies the 9/11 Commission’s goal. “unauthorized appropriations,” the But it recommends that any structure be administration is able to set its priorities consistent with the following principles: unguided by Congress and might not be spending money on programs that ● The oversight structure for DHS Congress considers important. should resemble the one governing other critical departments, such as the Limit the Time for Action When a bill departments of Defense and Justice. comes under the jurisdiction of multiple ● Congress should align the committees that ask to review it in jurisdictional oversight of the House sequence after the primary committee and Senate committees to the greatest acts, the process is all but stopped extent possible. awaiting committee action unless there ● Committees claiming common is a time limit on the referrals. Time jurisdiction should have some over - may run out with nothing enacted. The lapping membership to encourage the task force believes that Congress sharing of information and curtail should limit the time for action of redundant requests. sequential referrals to another committee, ensuring that if committees fail to act The consolidation and simplification of on what has been sent to them within oversight depends largely upon Congressional a set period of time their jurisdiction leadership. The best chance for major reform would lapse, with the matter returning comes during reorganization at the beginning to the primary committee. of a new Congress. In the meantime, there are ways that Congress can enhance the 2. The Executive effectiveness of oversight without requiring committees to relinquish jurisdiction. For The White House could increase the instance, it can pass authorizing legislation likelihood that pressing issues move onto the and ensure expedited action by imposing national and Congressional agenda by creating time limits on committee referrals. a more robust role for the Homeland Security Adviser, and by placing the Secretary of Pass Authorizing Legislation The need Homeland Security on the National Security to pass authorizing legislation extends Council. beyond DHS. By some estimates the country is operating with approximately 3. Media and Public Information $400 billion of spending unauthorized annually. As this report contends, If Kean is correct that Congress is unlikely passing authorizations improves to reform itself, then reform must be jump- Congressional oversight and prioritizes started by external demand. As shown by the programs within DHS. When large country’s experience with the Boston Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 21

Marathon bombing, recent ricin threats against We have a really important issue. How public officials, and natural disasters from do we keep America secure? And we Hurricane Sandy to the May 2013 Oklahoma have a structure in the Congress that tornado, the fourth estate has a vital role to makes it harder to maintain that focus play in informing the public about national on that very important issue. And that’s security concerns, and the nation’s editorial not good.54 pages have the capacity to increase the —Howard Berman likelihood that Congress will see the wisdom of implementing this important recommendation If the [oversight] recommendation of of the 9/11 Commission Report. the 9/11 Commission on Homeland Security is put into law and becomes The Bottom Line effective, the American people in their pursuit of their daily lives will be In sum, while reform of Congressional safer.55 oversight can’t make the nation 100 percent —Lee Hamilton safe, it is a key component of any national effort to manage evolving threats. We close with the words of two task force members: 22 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

NOTES 13 John Tanner interview, 16 July 2013, Washington, D.C. 1 Lee H. Hamilton and Thomas H. Kean 14 Michael Chertoff interview, 25 July 2013, interview, 6 April 2013, The Annenberg Washington, D.C. Retreat at Sunnylands. 15 Michael Chertoff interview, 6 April 2013, 2 Bob Graham interview, 1 August 2013, The Annenberg Retreat at Sunnylands. New York, N.Y. 16 Caryn Wagner interview, 16 July 2013, 3 Thomas Kean interview, 12 August 2013, Washington, D.C. Far Hills, N.J. 17 David Dreier interview, 19 July 2013, Los 4 “Untangling the Web: Congressional Angeles, Calif. Oversight and the Department of Homeland 18 Jeff Plungis, “TSA to Mica: You Have No Security,” 10 December 2004, Center for Jurisdiction,” Bloomberg, 27 November 2012, Strategic and International Studies-Business http://go.bloomberg.com/political-capital/2012- Executives for National Security. 11-27/tsa-to-mica-you-have-no-jurisdiction/. 5 “Tenth Anniversary Report Card: The Status 19 Jim Barnett, “TSA Chief Will be a ‘No of the 9/11 Commission Recommendations,” Show’ at Congressional Hearing,” CNN, 29 September 2011, Bipartisan Policy Center. November 2012, http://www.cnn.com/2012/11/ 6 “Consolidating the House’s Homeland 28/politics/tsa-friction. Security Efforts: The Time to Act Is Now,” 29 20 “Inside Washington: DHS Most December 2004, George Washington Overseen Department,” Associated Press, University Homeland Security Policy Institute. 17 May 2011, http://www.npr.org/templates/ 7 Norman J. Ornstein and Thomas E. Mann, story/story.php?storyId=136382414. “When Congress Checks Out,” November/ 21 Sarah Laskow, “Is Congress Failing on December 2006, Brookings Institution. Homeland Security Oversight?” Center for 8 Jessica Zuckerman, “Politics Over Public Integrity, 16 July 2009, http://www. Security: Homeland Security Congressional publicintegrity.org/2009/07/16/2822/ Oversight In Dire Need of Reform,” 10 congress-failing-homeland-security-oversight. September 2012, the Heritage Foundation. 22 Aliya Sternstein, “House Homeland See also “Stopping the Chaos: A Proposal for Security Lawmakers Request Sole Oversight,” Reorganization of Congressional Oversight Nextgov, 25 January 2012, http://www. of the Department of Homeland Security,” nextgov.com/cybersecurity/2012/01/house- 4 November 2010, the Heritage Foundation. homeland-security-lawmakers-request-sole- 9 Lee Hamilton interview, 8 August 2013, oversight-of-dhs/50515/. Bloomington, Ind. 23 Kenneth Wainstein interview, 16 July 10 Michael Chertoff interview, 6 April 2013, 2013, Washington, D.C. The Annenberg Retreat at Sunnylands. 24 Data provided by the DHS Office of 11 Kenneth Wainstein interview, 6 April Legislative Affairs. 2013, The Annenberg Retreat at Sunnylands. 25 Thomas Kean interview, 12 August 2013, 12 Loretta Sanchez interview, 17 July 2013, Far Hills, N.J. Washington, D.C. 26 David Dreier interview, 19 July 2013, Los Angeles, Calif. Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 23

27 DHS, Office of Legislative Affairs Internal Los Angeles, Calif. Analysis (2007). 44 Lee Hamilton interview, 8 August 2013, 28 “Inside Washington: DHS Most Bloomington, Ind. Overseen Department,” Associated Press, 45 Arif Alikhan interview, 19 July 2013, Los 17 May 2011, http://www.npr.org/templates/ Angeles, Calif. story/story.php?storyId=136382414. 46 A draft report for the Sunnylands-Aspen 29 Jeff Plungis, “TSA to Mica: You Have No Task Force, 17 March 2013, prepared by Jurisdiction,” Bloomberg, 27 November 2012, William Pitts, who was chief policy adviser to http://go.bloomberg.com/political-capital/2012- former Rep. Robert Michel (R., Ill.) and chief 11-27/tsa-to-mica-you-have-no-jurisdiction/. of staff to former House Rules Committee 30 Thomas Kean interview, 12 August 2013, Chair Rep. David Dreier (R., Calif.). Far Hills, N.J. 47 Mickey McCarter, “House to Vote on 4 31 Michael Chertoff interview, 25 July 2013, Cybersecurity Bills But Not Homeland Security Washington, D.C. Committee Measure,” Homeland Security 32 Lee Hamilton interview, 8 August 2013, Today, 23 April 2012, http://www.hstoday. Bloomington, Ind. us/industry-news/general/single-article/ 33 Thad Allen interview, 17 July 2013, house-to-vote-on-4-cybersecurity-bills-but- Washington, D.C. not-homeland-security-committee-measure/ 34 Michael Chertoff interview, 6 April 2013, 1be33a8fe12129b1bf5e87c40da1c40a.html. The Annenberg Retreat at Sunnylands. 48 Jason Koebler, “ACLU: CISPA Is Dead 35 Michael Chertoff interview, 25 July 2013, (For Now),” U.S. News & World Report, 25 Washington, D.C. April 2013, http://www.usnews.com/news/ 36 Joshua D. Clinton, David E. Lewis, and Jen articles/2013/04/25/aclu-cispa-is-dead-for-now. Selin, “Influencing the Bureaucracy: The Irony Chloe Albaneisus, “Senate Will Not Consider of Congressional Oversight,” Center for the CISPA, Citing Privacy,” PC Magazine, 26 April Study of Democratic Institutions, 3 May 2013, 2013, http://www.pcmag.com/article2/0,2817, http://www.vanderbilt.edu/csdi/research/cls_ 2418228,00.asp. csdiwp_5_2012.pdf. 49 Bob Graham interview, 6 April 2013, The 37 Loretta Sanchez interview, 6 April 2013, Annenberg Retreat at Sunnylands. The Annenberg Retreat at Sunnylands. 50 Bob Graham interview, 1 August 2013, 38 Loretta Sanchez interview, 17 July 2013, New York, N.Y. Washington, D.C. 51 Bob Graham interview, 6 April 2013, The 39 Thad Allen interview, 17 July 2013, Annenberg Retreat at Sunnylands. Washington, D.C. 52 Bob Graham interview, 1 August 2013, 40 Thomas Kean interview, 12 August 2013, New York, N.Y. Far Hills, N.J. 53 David Dreier interview, 19 July 2013, Los 41 Thad Allen interview, 17 July 2013, Angeles, Calif. Washington D.C. 54 Howard Berman interview, 19 July 2013, 42 Thad Allen interview, 6 April 2013, The Los Angeles, Calif. Annenberg Retreat at Sunnylands. 55 Lee Hamilton interview, 8 August 2013, 43 Howard Berman interview, 19 July 2013, Bloomington, Ind. 24 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

Appendix

Task Force on Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

Task Force Members Arif Alikhan Juliette Kayyem Thad Allen Thomas H. Kean Sr. Howard Berman Loretta Sanchez Michael Chertoff John Tanner David Dreier Caryn A. Wagner Bob Graham Kenneth L. Wainstein Lee H. Hamilton

Retreat Organizers Meryl Justin Chertoff Kathleen Hall Jamieson

Biographical Information on Retreat Hamilton. Allen supports the firm’s work with Participants and Organizers the departments of Justice and Homeland Security. Allen completed his distinguished Arif Alikhan career in the U.S. Coast Guard as its 23rd Counterterrorism and homeland security commandant. Prior to that assignment, Allen expert Arif Alikhan joined Los Angeles World served as Coast Guard chief of staff. During Airports as the new deputy executive director his tenure in that post, in 2005, he was for law enforcement and homeland security on designated principal federal official for the Nov. 7, 2011. Prior to that, Alikhan was a U.S. government’s response and recovery Distinguished Professor of Homeland Security operations in the aftermath of hurricanes and Counterterrorism at National Defense Katrina and Rita in the Gulf Coast region. University in Washington, D.C. Alikhan previously served as assistant secretary for Howard Berman policy development at the U.S. Department of Howard Berman is a former representative Homeland Security. His federal service also from California who served 15 consecutive includes 10 years with the U.S. Department of terms in the U.S. House of Representatives Justice as a federal prosecutor and senior from 1982 to 2012. In 2008, he was appointed adviser to two U.S. attorneys general on chairman of the Foreign Affairs Committee. cybercrime and intellectual property. In addition, Berman served on the Judiciary Committee and the Subcommittee on Thad Allen Immigration, Citizenship, Refugees, Border Thad Allen is senior vice president of the Security & International Law. Virginia-based consulting firm Booz Allen Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 25

Meryl Justin Chertoff and serves on the board of the International Meryl Justin Chertoff is director of the Aspen Republican Institute. Dreier is the founding Institute’s Justice and Society Program and chairman of the House Democracy an adjunct professor of law at Georgetown Partnership and the founding chair of the Law. From 2006 to 2009, Chertoff was director Congressional Trade Working Group. of the Sandra Day O’Connor Project on the State of the Judiciary at Georgetown Law. Bob Graham She served in the Office of Legislative Affairs Bob Graham is the former two–term governor at the Federal Emergency Management of Florida and served for 18 years in the U.S. Agency, participating in the agency’s Senate. Graham retired from public service transition into the Department of Homeland in January 2005, following his presidential Security. Chertoff has been director of New campaign in 2004. After retiring from public Jersey’s Washington, D.C., office under two life, Graham spent a year as a senior fellow governors, and legislative counsel to the at the Harvard Kennedy School of Government. chair of the New Jersey State Assembly In recent years, he was appointed by Appropriations Committee. President Obama and served as co-chair of the National Commission on the BP Michael Chertoff Deepwater Horizon Oil Spill and Offshore Michael Chertoff served as secretary of the Drilling. This followed his service as a U.S. Department of Homeland Security from commissioner on the Financial Crisis Inquiry 2005 to 2009. He is chairman and co-founder Commission, as chairman of the Commission of the Chertoff Group. At the Chertoff Group, on the Prevention of Weapons of Mass Chertoff provides high-level strategic counsel Destruction Proliferation and Terrorism, and to corporate and government leaders on a on the CIA External Advisory Board. broad range of security issues, from risk identification and prevention to preparedness, Lee H. Hamilton response, and recovery. Before heading the Lee H. Hamilton is director of the Center on Department of Homeland Security, Chertoff Congress at Indiana University. He served in served as a federal judge on the U.S. Court the U.S. House of Representatives from 1965 of Appeals for the Third Circuit. to 1999, representing Indiana’s 9th District. Since retiring from Congress, Hamilton David Dreier remains at the center of efforts to address David Dreier was elected to Congress from some of the nation’s major homeland security California in 1980 and became a member of and foreign policy challenges. He served as the House leadership when he took the helm vice chair of the 9/11 Commission, co-chair of the House Committee on Rules in 1999. of the Iraq Study Group, and co-chair of the As the youngest Rules chairman, he played U.S. Department of Energy’s Blue Ribbon a pivotal role in fashioning legislation for Commission on America’s Nuclear Future. He debate in the House. He authored the 1995 is a member of the President’s Intelligence Congressional reform package. He is a Advisory Board, the President’s Homeland member of the Council on Foreign Relations Security Advisory Council, the CIA External 26 Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security

Advisory Board, and the U.S. Department of Thomas H. Kean Sr. Homeland Security Task Force on Preventing Tom Kean served as president of Drew the Entry of Weapons of Mass Effect on University from 1990 to 2005 and as governor American Soil. of New Jersey from 1982 to 1990. In 1986, he was re-elected governor by the largest Kathleen Hall Jamieson margin in state history. Prior to serving as Kathleen Hall Jamieson is the Elizabeth governor, Kean was a member of the New Ware Packard Professor of Communication Jersey Assembly from 1968 to 1977. In 2002, at the Annenberg School for Communication President George W. Bush named Kean as and Walter and Leonore Annenberg Director chairman of the 9/11 Commission. He of the Annenberg Public Policy Center at the headed the American delegation to the U.N. University of Pennsylvania. She is a fellow of Conference on Youth in Thailand, was vice the American Academy of Arts and Sciences, chairman of the American delegation to the the American Philosophical Society, the World Conference on Women in Beijing, and American Academy of Political and Social served as a member of the President's Science, and the International Communication Initiative on Race. Association. Jamieson is the author or co- author of 16 books. She is co-founder of Loretta Sanchez FactCheck.org, founder of the new political Congresswoman Loretta Sanchez was first literacy site FlackCheck.org, and program elected to the House of Representatives in director of The Annenberg Retreat at 1996, and is currently serving her ninth term Sunnylands. as the representative for California's 46th District. Sanchez is the second highest-ranking Juliette Kayyem Democrat on the House Armed Services Juliette Kayyem is a lecturer in public policy Committee. She is the ranking member of the at the Harvard Kennedy School of Tactical Air and Land Forces Subcommittee. Government, a former national security and Rep. Sanchez is also a senior member of the foreign policy columnist for The Boston Subcommittee on Strategic Forces. She is Globe, and a former contributor to CNN. She founder and co-chair of the Women in the served President Obama as Assistant Military Caucus and is the highest-ranked Secretary for Intergovernmental Affairs at the female on the Armed Services Committee. Department of Homeland Security. She She also serves on the House Committee on served as co-chair of the Congressionally Homeland Security, where she is the second- mandated Preparedness Task Force, and as ranked Democrat and most senior female a member of President Obama’s Task Force member. on Puerto Rico and the Defense Department’s Council of Governors. Before joining the John Tanner Obama Administration, Kayyem served as John Tanner is vice chairman of Prime Policy Massachusetts Gov. Deval Patrick’s homeland Group. He joined the firm after serving in the security adviser. U.S. House of Representatives for 22 years, representing Tennessee’s 8th District. In Streamlining and Consolidating Congressional Oversight of the U.S. Department of Homeland Security 27

Congress, Tanner served on the House National Intelligence for Management and was Foreign Affairs Committee and the Ways & the first chief financial officer for the National Means Committee. He also served on the Intelligence Program. Her final position was House Armed Services and House Science that of the senior Defense Intelligence Committees and served as Chief Deputy Agency Representative to Europe. Whip for the Democratic Congress in the 109th, 110th, and 111th Congresses. In Kenneth L. Wainstein November 2008, Tanner was elected to a Kenneth L. Wainstein is co-chair of the two-year term as president of the NATO business fraud group at the law firm of Parliamentary Assembly. Cadwalader, Wickersham & Taft. In 2008, after 19 years at the Justice Department, Caryn A. Wagner Wainstein was named homeland security Caryn Wagner served as Under Secretary for adviser by President George W. Bush. Prior Intelligence and Analysis in the Department to his White House service, he was twice of Homeland Security from 2010 to 2012. nominated and confirmed for leadership She served on the intelligence agency positions in the Justice Department. In 2006, review team of the Obama-Biden Transition the U.S. Senate confirmed him as the first Project. She retired from federal service from Assistant Attorney General for National the House Permanent Select Committee on Security. In 2004, he was appointed, and Intelligence on Oct. 1, 2008, for which she later confirmed, as the U.S. attorney in served as budget director and cybersecurity Washington, D.C. In 2001, he was appointed coordinator. Prior to that, Wagner served in director of the Executive Office for U.S. the Office of the Director of National Attorneys, where he provided oversight and Intelligence as an assistant deputy director of support to the 94 U.S. Attorneys' Offices. www.aspeninstitute.org/jsp