Please find below an example of UPI's continuing coverage of the
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http://www.upi.com/view.cfm?StoryID=20050718-014041-4920r

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Shaun Waterman
UPI Homeland and National Security Editor
E-mail: [EMAIL PROTECTED] 
Tel: 202 898 8081

DHS reforms now face skeptical lawmakers
By Shaun Waterman
UPI Homeland and National Security Editor

WASHINGTON, July 18 (UPI) -- Many of the changes to his department
mooted by Homeland Security Secretary Michael Chertoff last week require
congressional approval, but face skepticism on several fronts from
lawmakers, some of whom are angry over what they say is the department's
failure to consult with them.

Under the Homeland Security Act, which set the department up, Chertoff
enjoys enormous authority to reorganize the department without
congressional approval. 

But the creation of two new undersecretaries -- for preparedness and
policy -- and the elimination of the two they will supplant, does need
legislation. And the reorganization also means money will have to be
moved around the budget, which will require amendments to the
department's 2006 appropriation legislation. 

Even those elements of the reforms that require neither legislation nor
budgetary change are subject to congressional scrutiny via the so-called
872 letter process, named for the section of the law that requires the
homeland security secretary to notify congress of proposed changes to
the department's structure.

And lawmakers on both sides of the aisle warn Chertoff may face tough
sledding on Capitol Hill.

The House and Senate versions of the department's appropriation bill,
for instance, both zero out funding for the planned Screening
Coordination Office -- a single team of officials charged with
developing policies and procedures for the dozen or so programs run by
different homeland security elements that involve checking against
terrorist watch lists the names of airline passengers, foreign visitors,
port workers, truckers hauling hazardous materials and other groups of
people.

"There is continuing skepticism about this office," a senior Senate
staffer told United Press International, citing ongoing concerns about
the development of the Secure Flight airline passenger screening system.
The system's poor record on privacy issues has attracted criticism from
Republicans and Democrats alike.

Homeland Security officials say they will renew their efforts to sell a
slimmed-down version of the office to lawmakers as negotiations on
reconciling the two bills continue.

"We're going to make a strong pitch (on Capitol Hill) about why the
Screening Coordination Office is necessary," Deputy Secretary Michael
Jackson told UPI.

Congressional sources said the department would likely work with
appropriators for behind-the-scene changes to avoid being bogged down in
floor debates.

"The department is pressing to implement these (changes) via (amendments
to the appropriation bill in the joint House-Senate) conference," the
staffer said. He warned this could mean the conference would not happen
until after the August recess.

A lot of information would be needed to make the necessary changes to
the bill, the staffer said, adding that homeland security was "not a
department with a reputation for being nimble," in responding to
congressional requests.

Other lawmakers, meanwhile, are troubled that Chertoff did nothing to
strengthen his department's financial management -- which many see as
the sine qua non of improving its performance.

Rep. Todd Platts, R-Penn., chairman of the House government reform
management, finance and accountability sub-committee wrote to Chertoff
last week expressing concern that the proposed reforms "missed a
valuable opportunity to strengthen the role of (the department's) chief
financial officer," which he said was especially important because
homeland security had not yet been able to get a clean audit since it
was stood up in March 2003.

Observers say that the authority of the department's chief financial
officer -- and of its chief information and procurement officers, too --
is hamstrung by the existence of counterpart chief officers in all 22 of
the so-called legacy elements: the federal agencies that were merged
into the department.

These legacy officials report to their agency heads, not to their
departmental counterpart. Critics say this undermines the latter's
authority.

Jackson acknowledged kin a news briefing last week that the new
structure maintained "the dotted line relationship between the (chief
information officer) of a given operational component and the
department's (chief information officer.)"

Daniel Prieto, a former Democratic staffer on the House Homeland
security Committee who now heads the Homeland Security Partnership
Initiative at the Kennedy School of Government at Harvard University,
said the department seemed to believe that no new authorities were
needed for its officers.

"They think they can fix this by just focusing on it harder," he told
UPI. 

Platts, who says the new structure still does not bring the department
into conformity with legislation governing the financial management of
federal agencies, plans a hearing on the issue later this month and has
invited Chertoff to testify.

As Chertoff rolled his planned reforms out in front of an invited
audience of Department of Homeland Security employees last Wednesday,
officials were putting the final touches to draft legislation and other
congressional documents designed to implement the changes he wants.

Chertoff had already briefed key lawmakers earlier in the week, but
several congressional sources said the briefings were "very broad brush,
very thematic," and lacking in any kind of detail.

Some lawmakers on several congressional panels that still claim
jurisdiction over parts of the department and their activities say they
were not briefed at all. 

"Let's make this perfectly clear," wrote Sens. Chuck Grassley, R-Iowa,
and Max Baucus, D-Ga., of the Senate Finance Committee, in an angry
letter to Chertoff Friday, "a good public relations effort does not
substitute for adequate Congressional consultations."

The senators said it was "unacceptable ... to learn about the proposed
restructuring and other key changes to the (department) in the media and
through speeches instead of through consultations."

The senators said they were effectively excluded from a briefing held by
officials despite assurances they would be kept informed. They renewed a
demand for "any and all third-party reviews, audits, and evaluations
conducted" as part of the review process that led to the changes.

Cynics painted many lawmakers' concerns as a reflex action to protect
their jurisdiction -- the time-honored congressional tradition of
turf-protection.

But other observers countered that Platts' subcommittee has done
yeoman's work on the decidedly un-sexy issue of the department's chaotic
financial management, and pointed out that, at least on the House side,
even those on the committees of primary jurisdiction felt that the
department could have consulted more closely with them.

"We were never asked, 'what do you think?'" Rep. Bennie Thompson,
D-Miss., the ranking member of the House Homeland Security Committee,
said.

Thompson added that lawmakers had yet to see details of the planned
re-organization, and that, partly as a result, "I think it will
encounter some questions."

In particular, Thompson cautioned, committee members will be looking for
guarantees that the new structure will avoid "embarrassing departmental
SNAFUs" like the listing of a miniature golf course in a database of
critical infrastructure; or the inclusion of members of Congress on the
"No-fly" list of suspected terrorists and their associates.

Prompted in part by concerns about inaccuracies in the "No-fly" list,
Chertoff's predecessor, Tom Ridge, first mooted a Screening Coordination
Office in the department's 2006 budget request unveiled last February.
Officials said then the planned office would take over the
administration of all the department's screening programs, including
US-VISIT, the ambitious and so-far successful effort to biometrically
verify the identities of all foreign visitors.

But in what congressional critics see as an effort to placate them,
Chertoff's planned reorganization shrinks the role envisioned for the
office. 

"The plan to put everything in that office was not Secretary Chertoff's
plan, and that is not his intent," said Jackson.

Instead, Jackson said, the new vision was of an office, based within the
department's new policy directorate, that would "find common operating
components that can be shared across (the department's screening
programs) -- name checking technology, computer back-up systems ... and
a common-sense architecture of how we protect privacy (and) manage the
public's capacity to come in and identify errors."

Decisions about where the programs should reside, however, would be made
on a case-by-case basis, said Jackson, adding that at present only
US-VISIT would be moved lock, stock and barrel into the new office.

One official said that given the excellent track record of US-VISIT on
privacy and accuracy, the move should reassure lawmakers that the new
office will take those issues seriously.


Copyright (c) 2001-2005 United Press International



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