Event: House HS Hearing with Janet Napolitano

The House Committee on Homeland Security will be having a full committee hearing on Wednesday Feb 25, with DHS Secretary Janet Napolitano as a witness. I may have a chance to attend this hearing in person. If so, I’ll post a separate entry on it after the hearing.

Event:    House Homeland Security, Full Committee Hearing
Date:     Wednesday, February 25, 2009
Time:     10:00am
Location: 311 Canon House Office Building
Witness:  Janet Napolitano, Secretary of Homeland Security
Register: Registration not needed, but you may want to arrive early to get a seat.
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Overview of Napolitano’s Action Directives

In her first 10 days in office, new Homeland Security Secretary Janet Napolitano has issued 12 “action directives” focused on specific homeland security areas.  Here’s an overview of all the action directives, including their purpose and a brief look at what they may indicate for Homeland Security policy in the Obama administration.

What is an action directive?

According to the DHS press release, action directives “instruct specific offices and agencies to gather information, review existing strategies and programs, and to provide oral and written reports” by a specified date.  The dates are specified separately for each directive.

So essentially the action directives are reviews of existing programs.  Although the action directives do not direct any changes to the programs under review, the specific areas each directive specifies for review give an indication of programs that may begin seeing changes after the reviews are complete.

List of Action Directives

The list of action directives follows.  I’ve listed all the relevant dates for each directive as [Date issued / date oral presentations due / date written reports due].  I’ve linked each directive in this list to the DHS press release that includes it.

Note: Although the initial press release didn’t give both oral and written dates for the 5 action directives issued on that date, based on the press releases for the other action directives, this appears to be an error, and I’ve made the assumption that all 5 of those directives have the same oral and written response dates.  No date was specified for oral presentations for the last action directive (immigration and border security).

Brief Analysis:

Although immigration and border security was the last action directive issued, it is by far the longest and most specific directive, while at the same time allowing the shortest time between issuance of the directive and due date for the final report.  This may be a reflection of Secretary Napolitano’s experience with immigration, but in any case it indicates a likely increase in emphasis on immigration and border security compared to the previous administration.

The other theme clearly evident in many of the action directives is interoperability and integration, integration, integration.  Napolitano stated during her confirmation hearing that a primary focus under her watch would be integration of DHS agencies into a single cohesive agency, and the action directives reflect that.

Napolitano sails through confirmation hearing

Updated 01/16 21:00 EST

Janet Napolitano completed her confirmation before the Senate Homeland Security and Governmental Affairs Committee Thursday without any real challenges, garnering praise and vows of support from every member of the committee, including both Republican members.  Senator Joseph Lieberman (I-CT) said that he will move to have Napolitano confirmed by the full Senate as soon as possible after President-elect Obama’s inauguration next week, and said that seating Napolitano was “as important as seating the secretary of defense to the security of our country.”

When asked what her top priorities for DHS are, Napolitano gave three:

  1. Create a unified vision and culture for the department.
    • Give the departments people and offices the sense that it’s a single agency rather than an agglomeration of organizations.
  2. Bring together the “best and brightest” personnel.
    • She also touched on DHS’ low morale, and said she wanted to create “real career paths” that will allow people to rise in the ranks.
  3. “Complete the work of the transition.”
    • Basically, complete the hand-offs, and get people up-to-speed and down to business quickly.

Some other areas emphasized during her testimony included interoperability, border security and immigration, and FEMA’s relationship with DHS.  She also said she was committed to ensuring that DHS communicate better with the public.

Regarding FEMA, both Lieberman and Susan Collins (R-ME), the ranking Republican member of the committee, urged Napolitano not to reorganize DHS and not to remove FEMA from DHS.  Napolitano hasn’t publicly taken a position on FEMA’s relationship wtih DHS, but she has reportedly been asking members of Congress for their views on it, and she pledged to actively study it.

Summary: She’ll get confirmed easily, possibly as early as January 21st.  She appears to have a good working relationship with the member of the committee, which may enable her to be more effective, at least as long as the honeymoon lasts.  Expect interoperability and border security to get increased focus and resources, and expect some changes in immigration enforcement.

FEMA’s relationship to DHS drawing attention and debate

One of the most important decisions President-elect Obama will face when his administration takes over DHS is whether to leave FEMA as a part of DHS, or remove it from DHS and make it a cabinet-level agency, as it was before DHS was formed.  Members of Congress, stakeholders, and prominent organizations are taking sides on the issue, but it’s not clear yet what stance the Obama administration will take.

[UPDATE 05/15: CQ Politics reports that on Wednesday 5/13, Secretary Napolitano stated that the Obama administration supports keeping FEMA within DHS; but one day later, Rep. James Oberstar (D-MN) said that he will continue his push to remove FEMA from DHS, despite opposition from the administration.  Give some credit to the dedicated folks at FEMA who’ve had to endure the uncertainty of this long-running debate, because apparently it’s not over yet.]

House: Rep. James Oberstar (D-MN), chairman of the House Transportation and Infrastructure Committee wrote to President-elect Obama on Dec. 17 to demand the removal of FEMA from DHS, declaring that its placement in the larger agency impedes its ability to serve as a “quick response” agency.  In response, Rep. Bennie Thompson (D-MS) Rep. wrote to Obama Dec. 19 strongly disagreeing with Oberstar, saying that FEMA should remain in DHS, but that Obama should appoint someone to lead FEMA who has a strong relationship with Obama.

Senate: Senator Mary Landrieu (D-LA), chairwoman of the Senate Homeland Security Disaster Recovery Subcommittee, has stated that she doesn’t recommend removing FEMA from DHS at this point, but she’s open to the concept and wouldn’t resist it if the new administration made the decision to make the change.  Landrieu told Homeland Security Secretary-designate Janet Napolitano that “there were still some senators that felt strongly about it staying where it is, some that were kind of open to change and others that would really recommend that it be made independent”, and that “it should be open to discussion.”

Update 01/15/09: Senator Joe Lieberman (I-CT), the chair of the Senate Committee on Homeland Security and Governmental Affairs, and Senator Susan Collins (R-ME), the ranking Republican member, urged Janet Napolitano at her confirmation hearing not to remove FEMA from DHS.

Bush Administration: The Bush administration made the decision to include FEMA in DHS, and still supports that decision.  Michael Chertoff has publicly stated that he opposes removing FEMA from DHS, and has cautioned his successor from making any major changes to DHS.

Obama Administration: The Obama administration has not taken a public stance on either side of the issue.  Senator Landrieu said Napolitano is “testing the waters” with Congress to find out how members of Congress feel about the issue.  Landrieu emphasized that Napolitano didn’t say removing FEMA from DHS is something the Obama team is considering.

Update 01/15/09: At Janet Napolitano’s confirmation hearing, she didn’t take a stance on either side of the issue, instead promising to actively look into the issue.  But her other testimony about FEMA indicated strong support both for FEMA and for increasing FEMA’s cooperation with the rest of DHS, regardless of where FEMA ends up.

Update 02/25/09: The DHS Inspector General weighed in with a report titled “FEMA: In or Out?“, in which the ID recommends keeping FEMA in DHS.

Other Organizations and Stakeholders: A month ago the International Association of Emergency Managers officially endorsed removing FEMA from DHS (Representatives Oberstar and Thompson publicly disagreed on the issue at that time as well).  In addition, the Heritage Foundation, an influential conservative think tank, weighed in on December 4 with a memo supporting Thompson’s position to leave FEMA as part of DHS.  A number of other organizations and stakeholders have cautioned more generally against any major reorganizations at DHS, even though they may not have addressed FEMA specifically.

Update 01/08/2009: 3 fire service organizations – the IAFC (International Association of Fire Chiefs),  IAFF (International Association of Fire Fighters), and Congressional Fire Services Instituteweigh in against removing FEMA from DHS.

  • The IAFF is affiliated with the AFL-CIO (labor is expected to have some influence in the strongly Democratic Congress), and according to the IAFF web site, “The IAFF is one of the most active lobbying organizations in Washington; its Political Action Committee, FIREPAC, is among the top one percent of the more than 4,000 federal PACs in the country.”
  • So expect these 3 organizations to carry some weight, and for Congress to resist if the Obama administration pushes to separate FEMA from DHS.

Potential Conflicts: In Oberstar’s letter to Obama he declared that his committee has jurisdiction over FEMA and that making FEMA independent would have strong support in Congress.  However, the overlapping nature of Congressional oversight of DHS makes it likely that other Congressional Committees, including the House Committee on Homeland Security that Thompson chairs, will lay some claim to FEMA oversight as well.

Expectations (My Take): Expect continued public discussion and debate, but expect Obama to take some time before making a decision.  And regardless of what his final decision is, don’t expect a change to FEMA any time soon.  Obama tends to be a consensus builder, and feelings are strong enough on this issue that even if Obama decides to remove FEMA from DHS, he’ll probably go slow, taking time to build a broader base of support for the change before implementing it.

UPDATE 12/24/08: It’s important to note that one of the reasons there is resistance to making FEMA independent of DHS again is that some important entanglements between FEMA and DHS have already been established in terms of politics, funding, and already enacted legislation (which was written to apply to DHS as a whole).  It could get pretty messy to separate them at this point.  For example, allocation of funds for the DHS Homeland Security Grants Program (HSGP) is performed by the FEMA Grants Directorate, and moving that function to DHS could cause confusion and funding changes all the way down to the state and local level.  So if FEMA is ultimately pulled out of DHS, expect some ripples and unintended consequences in unexpected areas.

Update 02/25/09: At this point, I’d say the momentum is clearly on the side of keeping FEMA in DHS, and I’m going to stop updating this post.  If this changes and the momentum seems to swing the other way, I’ll publish a new post.

Likely candidates for the next Homeland Security Secretary

CQ Politics considers who the most likely Cabinet picks will be for both McCain and Obama.

The people cited as possible Secretary of Homeland Security are:

For McCain:

  • Frank Keating, CEO of the American Council of Life Insurers.
    • Experience: 2-term Governor of Oklahoma, head of Secret Service, head of Customs, head of INS, FBI agent, state and federal prosecutor.
  • Mitt Romney, former Governor of Massachusetts
    • Experience: Governor of Massachusetts, CEO of the Salt Lake City winter Olympics, CEO of Bain Capital, a private equity investment firm, 3rd ranked 2008 Republican Presidential hopeful.
  • Robert C. Bonner, Partner at law firm Gibson, Dunn and Crutcher
    • Experience: Head of customs, head of DEA, federal prosecutor, and federal judge.

For Obama:

  • James Lee Witt, CEO of his own consulting firm
    • Experience: FEMA director and reformer under Clinton
  • Raymond W. Kelly, New York City Police Commissioner
    • Experience: NYC Police Commissioner during first World Trade Center bombing, Undersecretary of Treasury for Enforcement, Head of Customs under Clinton, credited with making the NYPD counterterrorism division one of the best in the world.
  • Janet Napolitano, Governor of Arizona
    • Experience: Arizona chief federal prosecutor, Arizona Attorney General, led Arizona to develop first Homeland Security strategy of any state
    • Update 10/18: See also this article in the Phoenix Business Journal

For more qualifications and expected focus of each possible candidate, read the full article.