Homeland Security Watch

News and analysis of critical issues in homeland security

November 13, 2013

Jeh Johnson nomination to be DHS Secretary: live blogging of Homeland Security Committee hearing

Filed under: Congress and HLS,DHS News — by Christopher Bellavita on November 13, 2013

The information below is one person’s observation of today’s Jeh Johnson nomination hearing.  The post starts at the bottom of the page. You can probably see the streaming video of the hearing at “http://www.hsgac.senate.gov/hearings/nomination-of-hon-jeh-c-johnson-to-be-secretary-us-department-of-homeland-security.”

Coburn ends the hearing by reminding whoever’s listening that agreeing to take on a job like DHS Secretary takes a huge toll on the nominee’s family.  He suggests Johnson maybe not be seeing his family again before Christmas.  It is meant as a joke – perhaps.

[2:29] Coburn says he hopes Johnson will consider staying on for the next administration, “so that we don’t lose all this tremendous experience and gray hair, and have to re-train another  leader.”

And then he offers Johnson a huge white binder with “alternative views of homeland security collected over the past 6 years.”

At 2:27 Johnson gets to make closing comments. He compliments the people who he’s dealt with preparing for the hearing.  He says he believes in the hearing process. He pledges to having an open and transparent relationship with the committee. He predicts that at the end of his tenure at DHS, the committee will say “Johnson was somebody that worked well with us in a bipartisan fashion.”

Carper comes back on at 2:23 with cyber security. Compliments NIST (http://www.nist.gov/) for working with the private sector. DHS needs to find quality employees for the cyber work DHS does.

Carper then moves to loan wolves (or “stray dogs,” as a colleague terms them).

At the 2:21 mark, the conversation moves to acquistions.  Coburn asks what Johnson will do to firm up the DHS acquisitions process.  Johnson says it starts with getting quality people involved in the acquisitions process.

At the 2:19 mark the issue of “broken travel” comes up (i.e., when someone flies somewhere and then takes a train or bus and then connects somewhere else to fly again [h/t to D. for the explanation]. Coburn: “Can you state for this committee what role you envision for DHS in tracking the travel of US persons, at home or abroad, that are not on a suspicious list or  on a high risk list?”

Johnson: There are privacy and civil liberty concerns with travel. We have a problem with suspicious individuals laundering their travel. That’s a fact.  It’s a blind spot (for the US). [Expect to hear more about this one.]

At the 2:15:30 mark, back to more traditional homeland security topics.  Coburn on homeland security spending: Do we spend the money on risk or do we spread the money out?  [Great question.]

Coburn says he feels we should spend the money where risk is the greatest.  Johnson says he “thinks” he agrees.

Coburn: We’ve spent 37 billion on grants, and less than 25% has gone to highest risk areas. (He blames congress’ parochial interests for some of this.) Coburn agrees with the Obama Administration’s plan to consolidate all DHS grants and then base awards on risk.  How does Johnson feel about that?

Johnson: “It’s an issue that a number of people have raised with me, how we dispense grant money; it’s taxpayer money….  In general the professionals who I’ve consulted  over the past couple of weeks seem to feel that we need to move in the direction of a risk based approach to homeland security, and that probably entails focusing our grant money in the same direction as well. So I’d be inclined to agree with you if what you’re saying is we need to make efficient use of our taxpayer dollars for purposes of homeland security.”

Coburn then brings up the lack of performance metrics. Grant reform is a big deal to Coburn. Money should be spent to reduce risk, and not to make a politician look good, he says – not allowing the windmill to obscure his vision.

Johnson says he’ll work with the committee to reform grant programs.

Around the 2:14 mark, Coburn gets another turn questioning Johnson.  He first congratulates John Pistole for TSA improvement.  Then comments on how negligent the Congress and the country has been confronting the problems of mental illness.

At 2:11, Carper reviews the LAX shooting and sends “a shout out” to TSA. He then asks what Johnson will do to mitigate the threat against TSA and other DHS employees. “We need to look at how to provide for their safety,” is Johnson’s response.

Carper reminds Johnson of the importance of keeping guns out of the hands of people who have mental illness. He also underscores to Johnson and whoever is still listening to the hearings at this point the importance of “See something. Say Something.”

At the 2:09 mark, Carper turns to the issue of “state and local stakeholders.”  A lot of DHS work involves state, local and non-profits (like Red Cross). What steps would Johnson take to make sure the DHS works effectively with state and locals?

Johnson: “I’ve been struck by the emphasis people up here [in Congress] and at DHS place on [state, local, private sector relationships]… and the attention … they want me to pay to it, and it’s pretty apparent to me that it’s part of the mission.” He then goes on to talk about his New York City experience, working with New York Police Department.  He concludes his answer to the question about what steps he’d take to make sure DHS works effectively with state and locals by saying, “I think I get that.”  That seems to be it for state and local; nothing about fire, emergency management, public health, and the other non-law enforcement participants in the homeland security enterprise.

At the 2:06 mark (I‘m now using the video timing, not my pacific time clock; an archive of the video stream is still available on the Senate site): Carper asks Johnson what Johnson thinks are the major management challenges for DHS, and his role fixing them. Johnson refers to GAO report on DHS high risk issues (http://www.gao.gov/highrisk/strengthening_homeland_security/why_did_study#t=1).  Management issues: vacancies, efficient procurement; unqualified audit financial statement; business intelligence (with 6 different account systems). Talks about leadership as sometimes requiring that you “push people,” as you might push a sluggish aircraft carrier. (Expect more DoD metaphors to enter the homeland security vocabulary,)

11:47 AM – Back to blogging. The hearing is over, so I’ll just summarize the remaining 30 minutes or so.

8:57 AM  - Need to attend to my day job for awhile.  Back later.

8:51 AM  - Sen Carper defines “high risk” list.  High risk = ways of wasting taxpayer money. Arnold B provides  details:  http://www.gao.gov/highrisk/overview

8:45 AM – Senator Paul “Does the 4th Amendment apply to my Visa purchases?” Can a single warrant apply to millions of things? Can you have due process with only one side represented? (FISA court.)  Should we decide the scope of the 4th Amendment in secret.  Johnson wants “robust discussion” as he’s had in past use of force decisions. Paul “due process is not a bunch of good people sitting in a room discussing whether to kill someone.” Should we target Americans overseas who are not engaged in combat? Paul argues for an examination of due process and paying attention to the 4th amendment.

8:37 AM - Senator Ayotte asking about AQ. Johnson describes 3rd phase of AQ terrorism – loan wolf.  Harder to detect; need more local focus by state/local first responders. Now asking about interrogation of AQ. How to balance the benefit of interrogation with domestic laws and protections. How can we have a policy that allows us to gather information and prosecute. Johnson – “There’s authority for a pre-Miranda national security interrogation. We need to codify that.”  And then the discussion moves to DHS employees abusing DHS overtime policy.

8:26 AM – Senator Begich’s (Alaska) turn – CBP denied a request from a tourist company to move; Begich says approving the request would actually make money for the government (and CBP), and “DHS would make a 20% profit.”  Discussing Coast Guard and the Arctic. Johnson in favor of [Coast Guard] being agile with resources we have. Domestic drone activity discussed. Johnson uses the “risk based strategy” mantra again. DHS has two offices related to drones. Question about disaster assistance to houses of worship. Starts a discussion about church-state relations

8:19 AM Senator Levin’s turn – 2 million corporations created in the US each year; states approve the corporation without asking who they are.  Senator Levin is about to expand DHS mission to monitor ownership of who own the 2 million corporations created by states annually. Advocates for support for a Levin-Grassly bill to do this. States opposed to the bill.  Johnson says he wants to understand the issue better.  GAO report on border report discussion – says terror threat is greater in the north than it is in the south. Coast guard needs helicopters….

8:11 AM McCain – Says Johnson will be confirmed.  Then starts asking questions about border apprehensions and what constitutes border security. Apprehensions are up? Apprehensions are down? who knows what any of that means. McCain gets his border information from CBP not DHS.  McCain wants 90% effectiveness at the border.  McCain wants a yes or no answer; Johnson uses his “inclined to…” response.  Johnson then says he wants to cooperate with McCain, but he wants to understand the issue better before he commits to what McCain asks. McCain says he won’t support Johnson unless he commits to the 90% target.

8:03 AM – Senator Tester’s turn at questions (and statements). Focus on DHS morale. Asks for ideas to cultivate future leadership at all levels of DHS? Johnson says you have to have passion for the mission.  How do you motivate people? Johnson: complement them for a job well done. Tester asks about CBP pay, border security technology. Johnson uses the buzz phrase “risk based strategies.”  Tester: on to the private sector and contractors.  DHS favors big contractors; Tester wants smaller organizations to have a shot.  Johnson says he’s in favor of competition. Questioning gets into the details of how to write contract specifications.

7:58 AM – Coburn asks what DHS programs might not be necessary. Johnson suggests some intel programs.  Coburn asks about DHS cyber security problems, including DHS internal cyber procedures. If DHS can’t take care of its own cyber issues why trust it with the cyber portfolio, he asks.

7:54 AM – Coburn starts his testimony by asking Johnson to give him information.  Johnson says “If confirmed I will look at the issue and be inclined to give you the information.” Coburn going through a list of things he wants to learn about DHS and asks Johnson to look into the issues, including intel, fusion centers, border security, immigration enforcement.  Johnson good at responding that he will “be inclined” to provide what’s asked. 7:58 AM

7:50 AM – Johnson talking about what he learned about leadership. Needs to be able to see the entire enterprise.  Tells a story about actually reading memos and asking people why others agreed to the memo’s suggestions.  He cites the 11 for, 1 against story about decision making.  Carper: “leadership is the courage to stay out of step when everyone else is wrong.”

7:47 AM  – Carper: what is your vision for DHS? and what are the challenges?  Fill management positions; focus on terrorism, immigration, move the ball forward on cyber security; get off the GAO high risk list (whatever that is); read Coburn’s writing on DHS.  ”We need to be vigilant.”  Recongizes morale issues at DHS. Believes protecting the american public is the core mission of the US government.

7:44 AM – starts with three standard questions: any conflicts of interest? anything preventing you from doing your job? will you respond to “reasonable summons” from congress.  No to first 2, and yes to last one.

7:35 AM – Johnson starts his testimony by introducing his family. Describes his past experience related to homeland security and DoD.  Reads the DHS mission. Understands many senior positions in DHS are vacant. Will get DHS off the GAO “high risk” list. Says he won’t shrink from hard decisions – hints at previous drone decision and don’t ask/don’t tell decision.  Going through a list of his decisions.  Pledges transparency and candor with congress.  Use to be an intern for Sen. Moynihan. Cites a photo with his family car parked next to the Capitol.  Says those days may not return in our lifetime. Ends at 7:44 AM.

7:32 AM – McCaskill — has 5 issues, but they went by too quickly for me to catch them:   1)right sizing DHS, 2) cohesive department, 3) DHS as directorate, 4) procure bio terrror stuff, 5) DHS needs a clean audit.

7:31 AM – Carper asks Johnson to turn in another draft of his answers to the committee; too many of them were cut and pasted from other hearings, Carper claims.

7:29 AM – Coburn’s critique of DHS comes in a binder:  1) Establish proper balance between freedom and security. CBP owns drones, but hasn’t filed privacy statements. 2) Is DHS spending on Intel and counter terrorism helping to make us safer? who knows? 3) Can DHS secure borders and handle immigration? 90 billion spent in the last decade on border security, with minimal effect. 4) DHS needs to prove it can work with private sector, especially with cyber. 5) Needs to manage major acquisition programs effectively. 6) FEMA disaster declaration process needs fixing. Asks Johnson to “run a transparent shop” (whatever that means).

7:19 AM – Coburn’s turn.  He warns everyone his opening statement will be “lengthy.” Coburn to Johnson: It’s not “if” you’ll be confirmed; it’s “when.” But he’s still concerned by cut and paste responses from past hearings.

7:18 AM – Carper: “DHS lacks cohesion and a sense of team; morale is low at DHS; fiscal environment constrains what DHS can do.  Even on a good day DHS secretary is a very very hard job.”  DHS has 13 vacant leadership positions; it’s executive swiss cheese.  Basically, Carper in favor of Johnson. Suggests Johnson seek advice from former DHS secretaries, Comptroller, former DoD secretaries.

7:08 AM – Menendez: “Johnson oversaw 10,000 attorneys in DoD.” DoD has 10,000 lawyers?

7:06 AM – Booker: “All three previous DHS Secretaries support Johnson’s nomination; so does law enforcement.”

7:03 AM – Hearings start. The nominee will be introduced by Senator Robert Menendez and Senator Cory A. Booker

6:57 AM[pacific time] — Hearings are being streamed at http://www.hsgac.senate.gov/hearings/nomination-of-hon-jeh-c-johnson-to-be-secretary-us-department-of-homeland-security.  They start at 10 AM eastern; 7 am pacific

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7 Comments »

Comment by Arnold Bogis

November 13, 2013 @ 11:08 am

GAO high risk list:

http://www.gao.gov/highrisk/overview

“Every two years at the start of a new Congress, GAO calls attention to agencies and program areas that are high risk due to their vulnerabilities to fraud, waste, abuse, and mismanagement, or are most in need of transformation. This site presents GAO’s current High Risk List, explains what has changed since the last update, and provides background information and related multimedia.”

The homeland security programs on the list:
–Strengthening Department of Homeland Security Management Functions

–Establishing Effective Mechanisms for Sharing and Managing Terrorism-Related Information to Protect the Homeland

On the website you can click on those programs to get more information.

Comment by William R. Cumming

November 13, 2013 @ 12:38 pm

Now a fading memory but I presented 5 hours of testimony to 9/11 Commission staff on preparedness and information sharing. I was told the Commission staff notes would become available to the public but not sure if that happened or where or when.

As to the Johnson confirmation hearing stay tuned.
But reminded again of the poor management and policy performance of the three lawyers who held the job as predecessors.

Given other turndowns I would have promoted Rand Beers. No OJT for DHS Secretary. Johnson brings little to the job.

Comment by William R. Cumming

November 13, 2013 @ 2:35 pm

BTW IMO the greatest risk to DHS is irrelevance to HS!

Comment by Philip J. Palin

November 13, 2013 @ 3:45 pm

Chris, Thanks so much for doing this. I could not watch real-time. Being able to trust your eye-and-ear will allow me to focus elsewhere.

Comment by William R. Cumming

November 13, 2013 @ 3:52 pm

Thanks Chris also! BTW the Carl Levin issue huge IMO!

Comment by William R. Cumming

November 13, 2013 @ 5:08 pm

We actually learned many things about DHS and its prospects under Mr. Johnson.

IMO the biggest is that a largely incompetent procurement system in DHS [corrupt?] is unlikely to be improved under Mr. Johnson. He stated on the record under oath that he was not knowledgeable about federal procurement law or policy. This from a man who was principal lawyer to two of the world’s largest procurement operations. How could this be? Is he a stalking horse for DoD and DHS contractors?

Comment by William R. Cumming

November 13, 2013 @ 5:13 pm

BTW DHS has no effective suspension and debarrment program for it contractors. This is largely an administrative program to protect the department against waste, fraud, and abuse by its contractors.

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