Senate Homeland Security & Governmental Affairs Committee Issues Report on Activities During 114th Congress (Part 2 of 8)

WASHINGTON, April 2 -- The Senate Homeland Security and Governmental Affairs Committee issued a report (S.Rpt. 115-12) on the activities during 114th Congress. The report was advanced by Sen. Ron Johnson, R-Wis., on March 28.

Preserving Americans' Life, Liberty, and Pursuit of Happiness

Every American should have a chance to pursue the American dream, including choosing what school to send their child to, experiencing the dignity of work, and accessing potentially lifesaving treatments. The Committee worked in the 114th Congress to perform oversight and approve legislation to provide all Americans with a fair chance to do just that.

The Committee worked to help ensure that Americans have a fair chance to get a job. The Fair Chance Act, sponsored by Senator Cory Booker and Chairman Johnson and approved by the Committee, gives an opportunity to formerly incarcerated individuals to have a fair chance at employment. The dignity of work is probably the best way we can keep people from turning back to a life of crime. In addition to legislation, the Committee supported community solutions to help Americans find work. In June 2016, the Committee held a hearing titled Renewing Communities and Providing Opportunities Through Innovative Solutions to Poverty, to highlight the work that communities across the country are doing to fight poverty and provide opportunities for employment. Community leaders like Robert Woodson and companies like Seat King are finding innovative solutions to help their neighborhoods. Chairman Johnson has a very personal connection to these initiatives, as he partnered with Wisconsin Pastor Jerome Smith to create the Joseph Project, an initiative that trains, connects, and transports Milwaukee workers seeking employment to opportunities around Wisconsin.

The Committee also worked to help American parents have a choice of where their children go to school. The Committee held two hearings titled The Value of Education Choices for Low- Income Families: Reauthorizing the D.C. Opportunity Scholarship Program and The Milwaukee Parental Choice Program: A Pioneer for School Choice Programs Nationwide to examine strategies for improving opportunities for K-12 students, and particularly those in urban communities where not all children have access to schools that provide a high-quality learning environment. The hearing highlighted Milwaukee, which has the nation's oldest urban school choice program. Chairman Johnson challenged the DOJ's four-year long effort to quash the Milwaukee Parental Choice Program.44 After multiple requests to the DOJ to explain the basis for its actions, rather than answer the Chairman's questions, the DOJ closed its investigation into the program.45

44Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to Loretta Lynch, Attorney General, U.S. Dep't of Justice (June 16, 2015). See also Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to Loretta Lynch, Attorney General, U.S. Dep't of Justice (July 17, 2015).

45Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to Loretta Lynch, Attorney General, U.S. Dep't of Justice (Dec. 2, 2015). See also Erin Richards, Feds quietly close long-running probe of Milwaukee voucher program, Milwaukee Journal Sentinel (Jan. 4, 2016), http://archive.jsonline.com/news/education/ feds-quietly-close-long-running-probe-of-milwaukee-voucher-program- b99644914z1-364068331.html.

The Committee used its oversight tools to fight to ensure that patients, especially those facing terminal illnesses, have access to potentially life-saving treatments. Patients like Trickett Wendler from Wisconsin, who passed away in 2015 from amyotrophic lateral sclerosis (ALS) without the chance to access new, experimental medication that could have helped prolong her life. Another patient, Jordan McLinn, suffers from Duchenne muscular dystrophy, and until just recently was not allowed to access promising treatments that have helped other little boys in trials. The drug development process, including Food and Drug Administration (FDA) approval--more than four years longer in the 2000s than the 1990s46 and 145 percent more expensive in 2014 than it was 10 years earlier47--is keeping patients from accessing innovative new drugs. Below are a few examples of the Committee's work.

46Fabio Pammolli, Laura Magazzini, and Massimo Riccaboni, "The Productivity Crisis in Pharmaceutical R&D;," Vol. 10 AT 429, Nature Reviews Drug Discovery (June 2011).

47Joseph A. Dimasi, Henry G. Grabowski, and Ronald W. Hansen, "Cost of Developing a New Drug," Briefing, Tufts Center for the Study of Drug Development (Nov. 18, 2014), http://csdd.tufts.edu/news/ complete--story/pr--tufts--csdd--2014--cost--study.

Committee Members demanded answers from the FDA, including why the FDA has not used tools granted to it by Congress to accelerate review of promising therapies, prioritize the patient perspective in evaluating new treatments, and provide regulators with flexibility to expedite evaluation of drugs for rare diseases.48

48Letter from Senator Johnson, Senator Carper, Senator Donnelly, and Senator Coats, to Janet Woodock, M.D. (March 16, 2016); Letter from Senator Ron Johnson and Senator Dan Coats to Robert Califf, M.D. (May 20, 2016); Letter from Senator Ron Johnson and Senator Lamar Alexander to Robert Califf, M.D. (Sep. 16, 2016).

Months after Chairman Johnson pressed the FDA to improve its application process for expanded access to drugs, the FDA finalized the streamlined application.49

49Letter from Senator Ron Johnson to Stephen Ostroff, M.D (Feb. 18, 2016); U.S. Food & Drug Administration, "Statement from the FDA Commissioner Robert Califf, M.D. on the release of the final individual patient expanded access form," FDA Statement (June 2, 2016), http:// www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm504579.htm.

After holding a hearing titled Connecting Patients to New and Potential Life Saving Treatments, on ways to shorten the time between life-threatening conditions and promising treatments, Chairman Johnson encouraged the FDA to make its decision regarding approval of eteplirsen--a treatment for Duchenne muscular dystrophy--and consider the health costs of delays to patients.50 The FDA finally completed its review nearly 15 months later and approved the treatment.51

50Ed Silverman, Senators urge FDA to approve Sarepta drug for Duchenne, STAT (May 24, 2016).

51U.S. Food & Drug Administration, "FDA grants accelerated approval to first drug for Duchenne muscular dystrophy," News Release (Sep. 19, 2016), http://www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm521263.htm.

Chairman Johnson's leadership helped gain 42 bipartisan cosponsors for his legislation to ensure terminally- ill patients have the freedom to access potentially lifesaving treatments where no alternative exists. The Chairman will continue to educate his colleagues about his bill, called the Trickett Wendler Right to Try Act, and work to gain more support to pass it next Congress.

The Committee also worked to find solutions to help prevent the over-prescription of pain medication. The U.S. drug czar, Michael Botticelli, told the Committee that "four out of five newer users to heroin started by misusing prescription pain medication."52 To address this problem, on April 7, 2016, Chairman Johnson, along with Senators Manchin, Barrasso, and Blumenthal, introduced the Promoting Responsible Opioid Prescribing (PROP) Act to reduce the pressure doctors currently face that may lead to overprescribing.53 During the Committee's hearing in Wisconsin, Dr. Timothy Westlake, the Vice Chairman of the State of Wisconsin Medical Examining Board, testified that the PROP Act is "the single-most important piece of legislation reform that [policymakers] could do."54 Heeding these calls, in November 2016, the Administration issued a final rule to implement the policy.55

52America's Insatiable Demand for Drugs: Assessing the Federal Response: Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (2016) (statement of Michael P. Botticelli, Director, Office of National Drug Control Policy).

53S. 2578, PROP ACT of 2016, 114th Cong. (2016).

54Border Security and America's Heroin Epidemic: The Impact of the Trafficking and Abuse of Heroin and Prescription Opioids in Wisconsin: Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (2016) (statement of Timothy Westlake).

55Federal Register (Nov. 1, 2016), https:// www.federalregister.gov/documents/2016/11/14/2016-26515/medicare- program-hospital-outpatient-prospective-payment-and-ambulatory- surgical-center-payment.

The Committee examined the Patient Protection and Affordable Care Act (ACA) to determine how ACA tax credits were being awarded to ineligible recipients-individuals who failed to prove they were citizens or lawful residents of the United States. In 2016, Chairman Johnson released a majority staff report revealing that agencies are failing to recover this misspent taxpayer money.56 The Committee also conducted oversight of failed state exchanges, including the Oregon state exchange, which received an estimated $5 billion in taxpayer dollars,57 and examined failed ACA CO-OPs, which received more than $2.4 billion in loans from the American taxpayers,58 and the ACA's reinsurance program, which could cost taxpayers an additional $4.5 billion.59 In September 2016, the Committee convened a hearing titled The State of Health Insurance Markets, to examine how the ACA has affected state health insurance markets.

56Majority Staff Report, S. Comm. on Homeland Sec. & Governmental Affairs, Affordable Care Act Premium Tax Credits: HHS and IRS Lack Plan to Recover Improperly Spent Taxpayers Dollars, 114th Cong. (Feb. 8, 2016).

57Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting Administrator, Centers for Medicare & Medicaid Servs. (May 31, 2016); Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting Administrator, Centers for Medicare & Medicaid Servs. (Sept. 16, 2015).

58Letter from Ron Johnson, Chairman, to Andrew Slavitt, Acting Administrator, Centers for Medicare & Medicaid Servs. (Jan. 19, 2016).

59Letter from Senators Ron Johnson & Ben Sasse, to Andrew Slavitt, Acting Administrator, Centers for Medicare & Medicaid Servs. (July 28, 2016).

Finally, the Committee was proud to support its Permanent Subcommittee on Investigations' (PSI) bipartisan investigation into child sex trafficking. The Committee voted unanimously to direct Senate Legal Counsel to seek a court order to enforce a PSI subpoena issued to the Chief Executive Offices of Backpage.com, a company that had been under investigation by the subcommittee for alleged sex trafficking of children on the internet. The vote paved the way for a unanimous vote on the Senate floor, and for an historic victory in Federal court.

Protecting America's Secrets

During the 114th Congress, Chairman Johnson examined former Secretary of State Hillary Clinton's use of a private email account and server while she was at the State Department. The inquiry concerned the potential security risks created by Secretary Clinton's extremely careless actions, which ultimately resulted in the transmission of classified information on a non-secure, non-governmental email system.

In March 2015, days after the existence of the server became public, Chairman Johnson asked the State Department Inspector General to examine the issue.60 This review resulted in the FBI's criminal investigation, and the resulting public awareness that over 190 emails on Secretary Clinton's server contained classified information.61

60Letter from Ron Johnson, Chairman, to Steve A. Linick, Inspector Gen., U.S. Dep't of State (Mar. 18, 2015).

61Fed. Bureau of Investigation, Clinton E-mail Investigation Mishandling of Classified--Unknown Subject or Country 20 (July 2016) (on file with Comm.).

In the months that followed, the Committee conducted oversight of the State Department's awareness and approval of Secretary Clinton's private email system, ultimately showing that senior information technology professionals did not even know the system existed.62 Chairman Johnson sought information from the contractors and individual who maintained the server to understand the security specifications and management of the system.63 The Committee also examined how Federal agencies mitigated the resulting security vulnerabilities posed by Secretary Clinton's non-secure email system and ensured that all Federal records are preserved.64

62Letter from Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, & Charles E. Grassley, Chairman, S. Comm. on the Judiciary, to John Kerry, Secretary, Dep't of State (Sept. 21, 2015). See also, e.g., Fed. Bureau of Investigation, Summary of Interview of Lewis Lukens at 81 (June 15, 2016) (on file with Comm.).

63Letter from Ron Johnson, Chairman, to Treve Suazo, CEO, Platte River Networks (Aug. 11, 2015); Letter from Ron Johnson, Chairman, to Austin McChord, Chief Executive Officer, Datto, Inc. (Oct. 5, 2015); Letter from Ron Johnson, Chairman, to Victor Nappe, Chief Executive Officer SECNAP Network Security Corp. (Oct. 5, 2015); Letter from Charles E. Grassley, Chairman, S. Comm. on the Judiciary, & Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to Brian Pagliano (Sept. 14, 2015); Letter from Charles E. Grassley, Chairman, S. Comm. on the Judiciary, & Ron Johnson, Chairman, S. Comm. on Homeland Sec. & Governmental Affairs, to Brian Pagliano (Oct. 8, 2015).

64Letter from Ron Johnson, Chairman, to John Kerry, Secretary, Dep't of State (Sept. 16, 2015); Letter from Ron Johnson, Chairman, to James Clapper, Director of Nat'l Intelligence (Sept. 16, 2015).

G. REGULATORY REFORM

Chairman Johnson and the Chairman and Ranking Member of the Subcommittee on Regulatory Affairs and Federal Management made improving the regulatory process a focus of the Committee's work in the 114th Congress. The Committee held six hearings, conducted extensive outreach to private sector stakeholders, and moved bipartisan legislation to improve the regulatory process.

During the Obama Administration, from January 20, 2009, through December 31, 2015, there were approximately 25,000 new regulations finalized--an average of 10 new regulations every day.65 During that same period, there were 568 of the category of largest and most costly rules, amounting to $665 million in new regulatory costs.66 Some estimates put the total cost of regulations on the economy as high as $2.028 trillion per year.67 The Committee approved four bills on a bipartisan basis that help ensure all agency regulations are subject to the same scrutiny; require agencies to look back at old rules and reconsider those that are obsolete or ineffective; make permanent longstanding good-government principles for analyzing new rules; and ensure earlier public and stakeholder engagement so agencies consider all options before adopting new, costly rules. The Committee also approved, and the President signed, the Federal Permitting Improvement Act, included in broader transportation legislation, P.L. 114- 94, to improve efficiency and coordination surrounding the Federal permitting of major infrastructure construction projects.

6574 Fed. Reg. 1 (Jan. 20, 2009)--80 Fed. Reg. 251 (Dec. 31, 2015). The Number is Based on a Document Search for Published Rules in the Date Range of 01/20/2009 to 12/31/2015; The Search Yielded 24,943 Rules.

66 American Action Forum, Regulation Rodeo, http://regrodeo.com/ (years 2009-2016; filter for "major regulations"); Cong. Research Service, Counting Regulations: An Overview of Rulemaking, Types of Federal Regulations, and Pages in the Federal Register 8 (July 14, 2015), https://fas.org/sgp/crs/misc/R43056.pdf.

67 W. Mark Crain and Nicole V. Crain, The Cost of Federal Regulation to the U.S. Economy, Manufacturing and Small Business, 1, Report, National Association of Manufacturers (Sep. 10, 2014).

The Committee pressured the Administration to roll back costly regulations like the EPA's Waters of the United States (WOTUS) and Clean Power Plan rules. The Committee held a hearing titled The Impact of Federal Regulations: A Case Study of Recently Issued Rules in Stevens Point, Wisconsin to highlight the significant costs these rules would have on farming, manufacturing, timber, and energy business, making it more difficult (and in some cases nearly impossible) to grow and hire. Chairman Johnson co-sponsored and was a strong advocate for a Congressional resolution to repeal WOTUS, which passed the Senate but was vetoed by the President.68

68S.J. Res. 22, a joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of "waters of the United States" under the Federal Water Pollution Control Act (vetoed Jan. 21, 2016).

Several majority staff reports highlighted the burden the regulatory state is placing on Americans. Chairman Johnson, Ranking Member Carper, and Senators Lankford and Heitkamp sent letters to private sector stakeholders, including industry representatives, think tanks, and environmental groups, to ask for their input about the regulatory process.69 Chairman Johnson summarized and compiled these responses, and released them as part of a majority staff report.70 The report provided Congress and the American people the opportunity to hear different perspectives on the regulatory process and understand the need for reform.

69Letters from Ron Johnson, Thomas R. Carper, James Lankford, and Heidi Heitkamp to various stakeholders (Mar. 18, 2015).

70Majority Staff Report, Direct From the Source: Understanding Regulation From the Inside Out, S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (Jan. 15, 2016).

After obtaining relevant documents from the Labor Department, the Securities and Exchange Commission, the Treasury Department, the Office of Information and Regulatory Affairs, and the Financial Industry Regulatory Authority, Chairman Johnson issued a majority staff report detailing the Labor Department's flawed process in crafting the so-called "fiduciary" rule, including how the Labor Department ignored the advice of subject matter experts from other agencies.71 Chairman Johnson also conducted oversight of the Federal Communications Commission (FCC)'s Open Internet Order in light of public concerns that political pressure influenced the decision-making process. A report issued by the majority staff concluded that President Obama's statement during the regulatory process caused the FCC to change course to align with the President's preferred policy, an approach that, for the first time, placed heavy-handed regulations on the Internet.72

71Majority Staff Report, The Labor Department's Fiduciary Rule: How a Flawed Process Could Hurt Retirement Savers, S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (Feb. 24, 2016).

72Majority Staff Report, Regulating the Internet: How the White House Bowled Over FCC Independence, S. Comm. on Homeland Sec. & Governmental Affairs, 114th Cong. (Feb. 29, 2016).

Additionally, Chairman Johnson conducted oversight of a proposed Energy Department rule that would have had a costly impact on small businesses that manufacture dehumidifiers.73 One manufacturer in Wisconsin feared that it would have to decrease its workforce by half.74 Following the Chairman's oversight efforts, the final language of the rule was revised allowing this business to continue to produce and sell its dehumidifier without having to make significant business cuts.75

73Letter from Ron Johnson, Chairman to the Honorable David Danielson, Assistant Secretary for Energy Efficiency and Renewable Energy (Sept. 25, 2015).

74Various communications with Comm. staff (2015).

75Email from company to Comm. staff (Sept. 19, 2016), referencing Federal Register (June 13, 2016), https://www.gpo.gov/fdsys/pkg/FR- 2016-06-13/pdf/2016-12881.pdf.

H. WASTE, FRAUD, AND ABUSE

As the Senate's lead oversight committee and the committee with direct legislative jurisdiction over governmental operations, the Committee is tasked with conducting oversight and passing legislation to combat waste, fraud, and abuse in the Federal Government to yield significant cost savings to taxpayers.

The Committee also works closely with government watchdogs, including inspectors general (IGs) and the Government Accountability Office (GAO), to identify needed reforms and strengthen their ability to conduct oversight. The GAO is a great partner to Congress in helping to locate wasteful, inefficient, and duplicative spending in Federal programs. GAO estimates its work has saved approximately $40 billion over the last two years.76 GAO has made 636 recommendations to address the findings of the reports; of those, 388 remain unaddressed or partially addressed.77 Similarly, IGs estimate that they save at least $21 for every one dollar Congress invests in them.78 In October 2016, Chairman Johnson, along with Chairman Grassley of the Senate Judiciary Committee, issued a joint majority staff report finding that the Executive Branch has failed to implement 15,222 open IG recommendations-reforms that could have saved taxpayers a total of $87 billion.79

76Government Reform: Ending Duplication and Holding Washington Accountable: Hearing Before the S. Comm. on Homeland Sec. and Gov't Affairs, 114th Cong. 15 (2016) (statement of Gene Dodaro, Comptroller General of the United States).

77Id.

78Improving The Efficiency, Effectiveness, and Independence of Inspectors General: Hearing Before The S. Comm. on Homeland Sec. and Gov't Affairs, 114th Cong. 15 (2015) (statement of Michael Horowitz, DOJ Inspector General).

79J. Majority Staff Report, Empowering Inspectors General: Supporting the IG Community Could Save Billions for American Taxpayers, S. Comm. on Homeland Sec. & Governmental Affairs & S. Comm. on the Judiciary, 114th Cong. (Oct. 17, 2016).

Given the value GAO and IGs have for the taxpayer, it is important that IGs are in place and both IGs and GAO have the tools they need to succeed. At the start of the last Congress, there were eleven IG agency vacancies, totaling 15 percent of all IGs. The most troubling of which was the vacancy at the VA OIG. Through two hearings and numerous letters demanding action, the Committee kept the pressure on the President to nominate IGs for permanent positions.80 The Chairman and Ranking Member moved six IGs through the Committee for full Senate consideration this Congress. The Committee also approved and the President signed into law the Inspector General Empowerment Act of 2016, P.L. 114-317, a bill that grants much-needed authorities to IGs to help them do their jobs better. The Chairman's legislation to free GAO of some of its unnecessary reporting requirements was also signed into law, P.L. 114-301.

80See, e.g., Letter from Ron Johnson, Chairman, Comm. on Homeland Sec. & Governmental Affairs, and John Thune, Chairman, Comm. on Commerce, Science, & Transportation, to President Barack H. Obama (Aug. 5, 2015); Letter from Ron Johnson, Thomas R. Carper, and all other Members of the Committee to President Barack H. Obama (Mar. 24, 2015); Letter from Ron Johnson to President Barack H. Obama (Jan. 22, 2015).

From 2013 to 2015, the improper payment total increased from $105 billion to $136.5 billion.81 The Committee approved seven bills that crack down on improper payments and fraud, including a bill that would prevent the Social Security Administration from paying hundreds of thousands of dollars to people who are deceased, legislation that would protect retired federal employees from having their retirement benefits stolen, and the Ranking Member's legislation signed by the President, P.L. 114-186, that would require agencies to implement best practices in using data to identify fraud in its programs like Social Security and Medicare.

81Gov't Accountability Office, GAO-14-747T, Improper Payments: Government-Wide Estimates and Reduction Strategies (July 9, 2014).

The Committee has also approved a number of bills that reduce Federal Government spending, prohibit and end duplicative programs, and ensure that agencies spend money more wisely. Eleven of these bills became law in the 114th Congress, including a bill to close out empty and expired grant accounts that cost taxpayers to maintain, P.L. 114-117; a bill to drastically limit the amount of time a Federal employee can be placed on administrative leave and paid for not working, P.L. 114-840; and other legislation to save money on Federal vehicles, P.L.114-65, and agency software licenses, P.L. 114- 210.

The Chairman and Ranking Member also worked together to pass meaningful reform of the Government's management of its real property portfolio to help dispose of unnecessary and costly properties. The Federal Assets Sale and Transfer Act, P.L. 114-287 was a Committee priority for years, and finally made it to the finish line in the 114th Congress. This bill will prevent taxpayer dollars from being wasted on unneeded buildings and generate revenue from the sale of these buildings. The Committee ensured the reform efforts of the past two Administrations will continue by passing the Federal Property Management Reform Act, P.L. 114-318.

Other bills approved by the Committee in the 114th Congress protect taxpayers from wasteful spending on the Government's own employees, such as a ban on politicians spending taxpayer money to pay for their own portraits or on bonuses paid to poor performing federal employee. Another Committee-approved bill, the Presidential Allowance Modernization Act, was passed unanimously by the House and Senate but vetoed by the President. The bill would have reduced the amount of money that former Presidents can be paid by taxpayers if they make over $400,000 a year. At a time when former Presidents are making millions of dollars a year, the Committee believed it was a responsible piece of legislation to save taxpayer money.

The Committee worked to make Federal Government programs more efficient and transparent. Committee members may disagree on how big the Federal Government should be, but we all agree that what Government programs we have need to run efficiently and effectively for the American public. With that common ground in mind, the Committee approved and the President signed into law seven pieces of legislation that help Federal agencies hire employees more efficiently, help District of Columbia courts administer justice more efficiently and fairly, and help ensure efficient transitions of power from one new administration to the next after a presidential election to keep Americans safe.

Committee members also understand that by making more documents, data, and information available to the public, Federal agencies are held accountable for the decisions they make and the money they spend. That is why the Committee approved eight bills that, taken together, require agencies to make their programs, data and documents, spending, grant awards, and settlement agreements open to the public.

II. COMMITTEE JURISDICTION

The jurisdiction of the Committee (which was renamed the Committee on Homeland Security and Governmental Affairs when the 109th Congress convened) derives from the Rules of the Senate and Senate Resolutions:

RULE XXV

* * * * * * * *

(k)(1) Committee on Governmental Affairs, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:

1. Archives of the United States.

2. Budget and accounting measures, other than appropriations, except as provided in the Congressional Budget Act of 1974.

3. Census and collection of statistics, including economic and social statistics.

4. Congressional organization, except for any part of the matter that amends the rules or orders of the Senate. 5. Federal Civil Service.

6. Government information.

7. Intergovernmental relations.

8. Municipal affairs of the District of Columbia, except appropriations therefor.

9. Organization and management of United States nuclear export policy.

10. Organization and reorganization of the executive branch of the Government.

11. Postal Service.

12. Status of officers and employees of the United States, including their classification, compensation, and benefits.

(2) Such committee shall have the duty of----

(A) receiving and examining reports of the Comptroller General of the United States and of submitting such recommendations to the Senate as it deems necessary or desirable in connection with the subject matter of such reports;

(B) studying the efficiency, economy, and effectiveness of all agencies and departments of the Government;

(C) evaluating the effects of laws enacted to reorganize the legislative and executive branches of the Government; and

(D) studying the intergovernmental relationships between the United States and the States and municipalities, and between the United States and international organizations of which the United States is a member.

SENATE RESOLUTION 73, 114th CONGRESS

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS.

Sec. 12. (a) * * *

* * * * * * * *

(e) INVESTIGATIONS----

(1) IN GENERAL.--The committee, or any duly authorized subcommittee of the committee, is authorized to study or investigate----

(A) the efficiency and economy of operations of all branches of the Government including the possible existence of fraud, misfeasance, malfeasance, collusion, mismanagement, incompetence, corruption, or unethical practices, waste, extravagance, conflicts of interest, and the improper expenditure of Government funds in transactions, contracts, and, activities of the Government or of Government officials and employees and any and all such improper practices between Government personnel and corporations, individuals, companies, or persons affiliated therewith, doing business with the Government; and the compliance or noncompliance of such corporations, companies, or individuals or other entities with the rules, regulations, and laws governing the various governmental agencies and its relationships with the public;

(B) the extent to which criminal or other improper practices or activities are, or have been, engaged in the field of labor-management relations or in groups or organizations of employees or employers, to the detriment of interests of the public, employers, or employees, and to determine whether any changes are required in the laws of the United States in order to protect such interests against the occurrence of such practices or activities;

(C) organized criminal activity which may operate in or otherwise utilize the facilities of interstate or international commerce in furtherance of any transactions and the manner and extent to which, and the identity of the persons, firms, or corporations, or other entities by whom such utilization is being made, and further, to study and investigate the manner in which and the extent to which persons engaged in organized criminal activity have infiltrated lawful business enterprise, and to study the adequacy of Federal laws to prevent the operations of organized crime in interstate or international commerce; and to determine whether any changes are required in the laws of the United States in order to protect the public against such practices or activities;

(D) all other aspects of crime and lawlessness within the United States which have an impact upon or affect the national health, welfare, and safety; including but not limited to investment fraud schemes, commodity and security fraud, computer fraud, and the use of offshore banking and corporate facilities to carry out criminal objectives;

(E) the efficiency and economy of operations of all branches and functions of the Government with particular reference to----

(i) the effectiveness of present national security methods, staffing, and processes as tested against the requirements imposed by the rapidly mounting complexity of national security problems;

(ii) the capacity of present national security staffing, methods, and processes to make full use of the Nation's resources of knowledge and talents;

(iii) the adequacy of present intergovernmental relations between the United States and international organizations principally concerned with national security of which the United States is a member; and

(iv) legislative and other proposals to improve these methods, processes, and relationships;

(F) the efficiency, economy, and effectiveness of all agencies and departments of the Government involved in the control and management of energy shortages including, but not limited to, their performance with respect to----

(i) the collection and dissemination of accurate statistics on fuel demand and supply;

(ii) the implementation of effective energy conservation measures;

(iii) the pricing of energy in all forms;

(iv) coordination of energy programs with State and local government;

(v) control of exports of scarce fuels;

(vi) the management of tax, import, pricing, and other policies affecting energy supplies;

(vii) maintenance of the independent sector of the petroleum industry as a strong competitive force;

(viii) the allocation of fuels in short supply by public and private entities;

(ix) the management of energy supplies owned or controlled by the Government;

(x) relations with other oil producing and consuming countries;

(xi) the monitoring of compliance by governments, corporations, or individuals with the laws and regulations governing the allocation, conservation, or pricing of energy supplies; and

(xii) research into the discovery and development of alternative energy supplies; and

(G) the efficiency and economy of all branches and functions of Government with particular references to the operations and management of Federal regulatory policies and programs.

(2) EXTENT OF INQUIRIES.--In carrying out the duties provided in paragraph (1), the inquiries of this committee or any subcommittee of the committee shall not be construed to be limited to the records, functions, and operations of any particular branch of the Government and may extend to the records and act ivities of any persons, corporation, or other entity. (3) SPECIAL COMMITTEE AUTHORITY.--For the purposes of this subsection, the committee, or any duly authorized subcommittee of the committee, or its chairman, or any other member of the committee or subcommittee designated by the chairman is authorized, in its, his or her, or their discretion----

(A) to require by subpoena or otherwise the attendance of witnesses and production of correspondence, books, papers, and documents;

(B) to hold hearings;

(C) to sit and act at any time or place during the sessions, recess, and adjournment periods of the Senate;

(D) to administer oaths; and

(E) to take testimony, either orally or by sworn statement, or, in the case of staff members of the Committee and the Permanent Subcommittee on Investigations, by deposition in accordance with the Committee Rules of Procedure.

(4) AUTHORITY OF OTHER COMMITTEES.--Nothing contained in this subsection shall affect or impair the exercise of any other standing committee of the Senate of any power, or the discharge by such committee of any duty, conferred or imposed upon it by the Standing Rules of the Senate or by the Legislative Reorganization Act of 1946.

(5) SUBPOENA AUTHORITY.--All subpoenas and related legal processes of the committee and its subcommittee authorized under S. Res. 253, agreed to October 3, 2013 (113th Congress) are authorized to continue.

III. BILLS AND RESOLUTIONS REFERRED AND CONSIDERED

During the 114th Congress, 236 Senate bills and 141 House bills were referred to the Committee for consideration. In addition, 8 Senate Resolutions, 2 Senate Joint Resolutions, and 2 Senate Concurrent Resolutions were referred to the Committee.

The Committee reported 122 bills; an additional 26 measures were discharged.

Of the legislation received by the Committee, 82 measures became public laws, including 53 postal naming bills.

IV. HEARINGS

During the 114th Congress, the Committee held 85 hearings on legislation, oversight issues, and nominations. Hearing titles and dates follow. The Committee also held 14 scheduled business meetings.

Lists of hearings with copies of statements by Members and witnesses, with archives going back to 1997, are online at the Committee's Web site, http://hsgac.senate.gov/.

Protecting America from Cyber Attacks: The Importance of Information Sharing. January 28, 2015. (S. Hrg. 114-412)

The purpose of this single-panel hearing was to examine the cybersecurity threats U.S. businesses and other organizations face, and consider ways to mitigate those threats from a private sector perspective. Witnesses first gave the Committee an overview of the scope and size of cybersecurity threats against U.S. businesses, then discussed the role of various cybersecurity legislative and non-legislative proposals. Witness proposals focused on improving information sharing and data breach notification in order to mitigate cybersecurity threats and filling gaps in current practices.

Witnesses: Marc D. Gordon, Executive Vice President and Chief Information Officer, American Express; Scott Charney, Corporate Vice President, Trustworthy Computing Group, Microsoft Corporation; Peter J. Beshar, Executive Vice President and General Counsel, Marsh & McLennan Companies, Inc.; Richard Bejtlich, Chief Security Strategist, FireEye; Greg Nojeim, Senior Counsel and Director, Freedom, Security & Technology Project, Center for Democracy & and Technology.

Deferred Action on Immigration: Implications and Unanswered Questions. February 4, 2015. (S. Hrg. 114-516)

The purpose of this single-panel hearing was to examine the logistical, financial, and national security implications of the President's Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. Witness testimony focused on how the executive actions could impact border security, legal immigration processes, federal tax revenue, social security, and various other sectors.

Witnesses: Stephen C. Goss, Chief Actuary, U.S. Social Security Administration; Hon. Eileen J. O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; Luke P. Bellochi, Of Counsel, Wasserman, Mancini & Chang and Former Deputy Ombudsman for U.S. Citizenship and Immigration Services at the U.S. Department of Homeland Security; Shawn Moran, Vice President, National Border Patrol Council; Bo Cooper, Partner, Fragomen, Del Rey, Bernsen & Loewy LLP and Former General Counsel at the Immigration and Naturalization Service.

Risky Business: Examining GAO's 2015 List of High Risk Government Programs. February 11, 2015. (S. Hrg. 114-413)

The purpose of this single-panel hearing was to examine the Government Accountability Office's 2015 Edition of the High- Risk Series. The Comptroller General's testimony focused on two areas that were added this year: improving Veterans Affairs (VA) health care and the management of information technology (IT) acquisitions and operations; as well as two expanded areas: enforcement of tax laws and ensuring and protecting federal information systems, cyber critical infrastructure, and privacy of personally identifiably information. The hearing also discussed efforts that have led to notable progress in addressing High Risk areas, and how to apply those best practices to other areas.

Witnesses: Hon. Eugene L. Dodaro, Comptroller General of the United States; U.S. Government Accountability Office, accompanied by Cynthia Bascetta, Managing Director, Health Care; Deborah Draper, Director, Health Care; Phillip Herr, Director, Physical Infrastructure Issues; Dave Maurer, Director, Homeland Security and Justice; J. Chris Mihm, Managing Director, Strategic Issues; Dave Powner, Director, Information Technology; James White, Director, Strategic Issues; Gregory Wilshusen, Director, Information Technology.

Improving the Efficiency, Effectiveness, and Independence of Inspectors General. February 24, 2015. (S. Hrg. 114-414)

The purpose of this single-panel hearing was to examine how Congress can improve the efficiency, effectiveness, and independence of Inspectors General. Witness testimony focused on upcoming work of their respective offices; challenges faced performing efficient, effective and independent audits, investigations and other reports; and suggestions for tools Congress could provide to help with their mission to combat waste, fraud, and abuse in the federal government.

Witnesses: Hon. Michael E. Horowitz, Inspector General, U.S. Department of Justice and Chair, Council of the Inspectors General on Integrity and Efficiency; Hon. Steve A. Linick, Inspector General, U.S. Department of State; Hon. John Roth, Inspector General, U.S. Department of Homeland Security; Hon. Patrick P. O'Carroll Jr., Inspector General, U.S. Social Security Administration.

Toward a 21st Century Regulatory System. February 25, 2015. (S. Hrg. 114-418)

The purpose of this single-panel hearing was to provide an overview of the current state of the federal regulatory process and give lawmakers a framework with which to consider ways to assess rulemaking procedures and ultimately improve outcomes. Witness testimony focused on suggestions for improving the regulatory process.

Witnesses: Douglas Holtz-Eakin, Ph.D., President, American Action Forum; Jerry Ellig, Ph.D., Senior Research Fellow, Mercatus Center, George Mason University; Michael Mandel, Ph.D., Chief Economic Strategist, Progressive Policy Institute; Hon. Sally Katzen, Former Administrator of the Office of Information and Regulatory Affairs at the Office of Management and Budget.

Visa Waiver Program: Implications for U.S. National Security. March 12, 2015. (S. Hrg. 114-516)

The purpose of this two-panel hearing was to examine the Visa Waiver Program and its implications for U.S. national security. Witnesses described the current structure of the program, including the security standards currently in place to prevent terrorist travel, an assessment of the structure and current capabilities of the Electronic Systems for Travel Authorizations, and analysis of any gaps in the program that could be used by foreign travelers to exploit the benefits of the Visa Waiver Program. Further witness testimony focused on recommendations for how Congress can strengthen the Visa Waiver Program while maintaining the program's benefits.

Witnesses: Panel I: Hon. Michael Chertoff, Executive Chairman and Co-Founder, The Chertoff Group; Marc Frey, Ph.D., Senior Director, Steptoe & Johnson LLP; Brian Jenkins, Senior Adviser to the President, RAND Corporation. Panel II: Mark Koumans, Deputy Assistant Secretary for International Affairs, U.S. Department of Homeland Security; Maureen Dugan, Deputy Executive Director of the National Targeting Center, U.S. Customs and Border Protection, U.S. Department of Homeland Security; Edward Ramotowski, Deputy Assistant Secretary for Visa Services, U.S. Department of State.

Examining Federal Improper Payments and Errors in the Death Master File. March 16, 2015. (S. Hrg. 114-419)

The purpose of this single-panel hearing was to discuss the federal improper payments and their root causes. Specifically, the hearing will focus on errors in the Social Security Administration's death data, which has a history of mistakenly including both living people as deceased and deceased people as living. Witness testimony focused on the root causes of improper payments and the drivers behind this year's growth in the government-wide improper payment rate after years of steady decline.

Witnesses: Judy Rivers, Logan, Alabama; Sean Brune, Senior Advisor to the Deputy Commissioner for Budget, Finance, Quality and Management, U.S. Social Security Administration; Hon. Patrick P. O'Carroll, Jr., Inspector General, U.S. Social Security Administration; Hon. David Mader, Controller, Office of Management and Budget; Beryl H. Davis, Director, Financial Management and Assurance, U.S. Government Accountability Office; Daniel Bertoni, Director, Education, Workforce, and Income Security.

Securing the Southwest Border: Perspectives from Beyond the Beltway. March 17, 2015. (S. Hrg. 114-516)

The purpose of this single-panel hearing was to examine the current state of the security along the Southwest border by hearing from those with first-hand knowledge of the region. Witnesses drew upon their personal experiences living and working along the Southwest border and offered suggestions on how to increase the security of border communities and prevention of illegal border crossing.

Witnesses: Chris Cabrera, Border Patrol Agent, Rio Grande Valley Sector, U.S. Customs and Border Protection (testifying on behalf of the National Border Patrol Council); Hon. Mark J. Dannels, Sheriff, Cochise County, Arizona; Howard G. Buffet, Chairman and CEO, Howard G. Buffett Foundation and Arizona Landowner; Othal Brand, Farmer, McAllen, Texas; Monica Weisberg-Stewart, Chairwoman, Committee on Immigration and Border Security, Texas Border Coalition.

Securing the Border: Assessing the Impact of Transnational Crime. March 24, 2015. (S. Hrg. 114-516)

The purpose of this single-panel hearing was to examine the transnational criminal and national security threats along the borders and their impacts on border communities and the nation at large. Witness testimony focused on current transnational and drug-related crimes at our borders and how these threats affect the entire country.

Witnesses: General Barry R. McCaffrey, USA (Ret.), Former Director (1996-2001) of the Office of National Drug Control Policy; John P. Torres, Former Acting Director and Former Deputy Assistant Director for Smuggling and Public Safety at U.S. Immigration and Customs Enforcement at the U.S. Department of Homeland Security; Elizabeth Kempshall, Executive Director, Arizona High Intensity Drug Trafficking Area, Office of National Drug Control Policy; Benny Martinez, Chief Deputy Sheriff, Brooks County, Texas; Bryan E. Costigan, Director, Montana All-Threat Intelligence Center, Division on Criminal Investigation, Montana Department of Justice.

Securing the Border: Understanding and Addressing the Root Causes of Central American Migration to the United States. March 25, 2015. (S. Hrg. 114-516)

The purpose of this two-panel hearing was to examine what is driving Central American migration to the U.S., particularly by unaccompanied minors and family units, what the Department of Homeland Security and other federal agencies are doing to stem the migration, and what further measures may be needed by Congress and the Administration. Witness testimony focused on efforts to address the root causes that drove so many Central American migrants to leave their home countries, thoughts on the Alliance for Prosperity that was recently established by the governments of El Salvador, Guatemala, and Honduras, and recommendations of steps Congress can take to address the pull factors driving migration of unaccompanied minors to the U.S.

Witnesses: Panel I: William Kandel, Analyst in Immigration Policy, Congressional Research Service, U.S. Library of Congress; Hon. Roger F. Noriega, Visiting Fellow, American Enterprise Institute and Former Assistant Secretary for Western Hemisphere Affairs at the U.S. Department of State; Hon. Adolfo A. Franco, Former Assistant Administrator for Latin America and Carribean at the U.S. Agency for International Development; Eric L. Olson, Associate Director, Latin American Program, Woodrow Wilson International Center for Scholars. Panel II: Hon. Alan D. Bersin, Acting Assistant Secretary and Chief Diplomatic Officer, Office of Policy, U.S. Department of Homeland Security; Francisco Palmieri, Deputy Assistant Secretary for Central America and the Carribean, Bureau of Western Hemisphere Affairs, U.S. Department of State; Lieutenant General Kenneth E. Tovo, USA, Military Deputy Commander, U.S. Southern Command, U.S. Department of Defense.

Securing the Border: Defining the Current Population Living in the Shadows and Addressing Future Flows. March 26, 2015. (S. Hrg. 114-516)

The purpose of this one-panel hearing was to define the scope of those who are currently residing unlawfully in the United States, including by entering the United States unlawfully or entering the country legally but overstaying a visa, and to gain more information about this population. The hearing also examined future migration into the United States and explored ways to ensure legal migration into this country, resulting in decreased pressures at our border. Witness testimony focused on ways to incentivize orderly legal migration, how guest worker programs can affect immigration flows and the U.S. economy, and legal measures that might be needed to address future workforce needs and reduce pressures for unauthorized immigration

Witnesses: Jeffrey S. Passel, Ph.D., Senior Demographer, Hispanic Trends Project, Pew Research Center; Daniel Garza, Executive Director, The LIBRE Initiative; Madeline Zavodny, Ph.D., Professor of Economics, Agnes Scott College and Adjunct Scholar, American Enterprise Institute; Randel K. Johnson, Senior Vice President, Labor, Immigration, and Employee Benefits, U.S. Chamber of Commerce; Marc R. Rosenblum, Ph.D., Deputy Director on Immigration Policy Program, Migration Policy Institute.

Tomah VAMC: Examining Quality, Access, and a Culture of Overreliance on High-Risk Medications. March 30, 2015. (S. Hrg. 114-427) The purpose of this two-panel field hearing, held jointly with the House Committee on Veterans Affairs in Tomah, Wisconsin, was to examine access and quality of care at the Department of Veterans Affairs Medical Center in Tomah, Wisconsin (Tomah VAMC). Witness testimony focused on veterans' deaths due to over-prescription of high-risk medication at the Tomah VAMC, the VA Inspector General's (IG) nonpublic healthcare inspection of the facility, and allegations regarding quality of care and a culture of fear at the facility.

Witnesses: Panel I: Candace Delis, Auburndale, WI; Noelle Johnson, Pharm. D., BCACP, CGP, Urbandale, IA; Ryan Honl, Tomah, WI; Heather Simcakowski, Stevens Point, WI; Marvin Simcakoski, Stevens Point, WI. Panel II: John Daigh, M.D., Assistant Inspector General for Healthcare Inspections, Office of the Inspector General, U.S. Department of Veterans Affairs (Dr. Daigh was accompanied by Alan Mallinger, M.D., Senior Physician, Office of Healthcare Inspections); Carolyn Clancy, M.D., Interim Under Secretary for Health, U.S. Department of Veterans Affairs (Dr. Clancy was accompanied by Renee Oshinski, Acting Network Director, VISN 12, Veterans Health Administration, and Mario V. Desanctis, FACHE, Medical Center, Director, Tomah VAMC Medical Center) . Reducing Unnecessary Duplication in Federal Programs: Billions More Could be Saved. April 14, 2015. (S. Hrg. 114-435)

The purpose of this one-panel hearing was to examine the Government Accountability Office (GAO)'s report titled, "2015 Annual Report of the Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits." The Comptroller General provided an assessment of the GAO's Annual Report and provided recommendations as to how the 114th Congress can strengthen the efficiency and effectiveness of government programs and activities. Additional testimony focused on the progress and implementation of the previous recommendations, the documented and potential savings if all the recommendations are implemented, as well as the recommendations that require an act of Congress to remedy.

Witnesses: Hon. Eugene L. Dodaro, Comptroller General of the United States, U.S. Government Accountability Office, accompanied by Cathleen Berrick, Managing Director, Defense Capabilities and Management; Cynthia Bascetta, Managing Director, Health Care; Paul Francis, Managing Director, Acquisitions and Sourcing Management; Barbara Bovbjerg, Managing Director, Education, Workforce and Income Security; Mark Gaffigan, Managing Director, Natural Resources and Environment; David Powner, Director, Information Technology; Phillip Herr, Managing Director, Physical Infrastructure Issues; James McTigue, Director, Strategic Issues (Tax).

Continues with Part 3 of 8

Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; [email protected]; http://www.targetednews.com