By CHRIS STROHM, CongressDaily
Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman, I/D-Conn., and ranking member Susan Collins, R-Maine, used the confirmation hearing for a top Homeland Security Department official today to criticize the poor coordination of border security efforts. With John Morton there to answer questions about his nomination to head Immigration and Customs Enforcement, Lieberman complained about "unacceptable turf wars" between federal agencies along the nation's Southwest border. Collins said she fears a recent decision by Homeland Security Secretary Janet Napolitano to create a border czar will only exacerbate coordination problems and lead to more confusion.
Morton had to navigate through the politically charged topic of how to limit illegal immigration while clamping down on guns and money being smuggled from the United States to Mexican drug cartels. By all accounts, it appears the committee will approve his nomination and he will be confirmed by the Senate.
Lieberman decried turf wars between ICE, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives and called on Morton to help bring the problem to "a rapid halt." Morton said he is aware of the turf battles and pledged to focus on solving them immediately. He added that he personally knows key Justice Department officials, who he said will help solve the problems. Morton also said he will seek authority for ICE agents to conduct drug investigations, which can only be done on a limited basis through an agreement with the DEA. He said he would seek legislation for the authority if needed.
Collins expressed concern the Obama administration is relying on a proliferation of czars to address problems. She said she was specifically concerned about Napolitano's recent appointment of Alan Bersin, a former U.S. attorney, to be the border czar within the Homeland Security Department. Collins said she worries his responsibilities will conflict with chiefs of ICE and Customs and Border Protection. Morton said he is not concerned the roles will conflict and described Bersin as an adviser who will not have an operational role. On a related matter, Morton said in answers to written questions that he supports proposals that would require employers throughout the country to use the E-Verify system to confirm their employees are legally allowed to work in the country.
Lieberman's committee also considered the nomination of W. Craig Fugate to head the Federal Emergency Management Agency. Fugate is widely viewed as a qualified and skilled emergency manager and is expected to be confirmed. Answering the most politically charged question of his confirmation hearing, Fugate expressed support for keeping FEMA within Homeland Security, as opposed to an independent agency under White House control. "That debate, as far as I'm concerned, is over," he said.
Dora Schriro was recently appointed to the new position of special adviser to Secretary of Homeland Security Janet Napolitano on Immigration and Customs Enforcement and detention and removal. Immigration detention is the fastest-growing form of incarceration in the U.S., and the issue will inevitably come up in the push for immigration reform from President Obama. After moving to Washington from Arizona, where she headed the Department of Corrections under Gov. Napolitano for six years, Schriro spoke to NationalJournal.com's Alina Selyukh about adapting to government at the federal level and working to improve the national detention system.
NJ: After being in Washington for about two months, how do you feel about the city?
Schriro: It's great to be here for cherry blossoms.... I've always been kind of a news junkie, so it's pretty exciting to be in a place where so much news comes from. People here are great. I'm very close to the airport because I'm on the road a lot.
NJ: Where do you travel?
Schriro: In these first 90, 120 days, I am actively involved in preliminary assessment for the secretary, so I've been hitting a number of facilities... speaking with as much of the detained population as I can, talking with staff.
NJ: So what will come out of these travels?
Schriro: It's a first assessment. That's why I'm calling it preliminary; it's not a one-time kind of a thing. It is to get a really good feel for the many strengths that are here at ICE.
NJ: When will we start seeing new policies from ICE?
Schriro: There have been some small but I think symbolically substantive changes already. For example, the whole of how we detain aliens has attracted considerable public and congressional attention -- as it should. Included in that is the health care that the population receives, and included in that is deaths in detention.Early in my tenure, at the beginning of March, there was an appropriation hearing... about deaths in detention. Within several weeks of that hearing, there was a death, apparently of natural causes -- we are still pending, of course, the autopsy to make that confirmation. That was an opportunity to make an immediate change... to make immediate notification to Congress, also to release a news advisory and to put that news advisory on our Web site. So it's faster and clearer transparency.
Continue reading DHS Immigration Adviser Faces Learning Curve.
By CONGRESSDAILY STAFF
Homeland Security Secretary Janet Napolitano today announced the appointment of a former federal prosecutor to the new post of "border czar," to oversee efforts to end drug-cartel violence along the U.S.-Mexico border and slow the tide of people crossing illegally into the United States. Napolitano named Alan Bersin, a former Justice Department official who was charged with cracking down on illegal immigration in the 1990s.
On Monday, President Obama announced the nomination of John Morton as assistant secretary for Immigration and Customs Enforcement. Morton is currently serving as the acting deputy assistant attorney general of the Criminal Division at the Justice Department and has specialized in immigration enforcement.
Homeland Security Secretary Janet Napolitano also named Esther Olavarria as deputy assistant secretary for policy. Olavarria is joining DHS from the Center for American Progress, where she was a senior fellow and director of immigration policy.
See complete biographies, per the DHS press office, after the jump.
Homeland Security Secretary Janet Napolitano Thursday appointed Mary Ellen Callahan, a partner at Hogan & Hartson, as the agency's chief privacy officer. Callahan has counseled clients on online and offline marketing issues as well as on Web site privacy policies and terms of use. She has written numerous comments on behalf of clients such as the Motion Picture Association of America and the Online Publishers Association on rulemaking related to the FTC, federal anti-spam laws and the Children's Online Privacy Protection Act.
Homeland Security Secretary Janet Napolitano announced Tuesday evening that Rand Beers, who led President Obama's DHS agency review team during the transition, will act as acting deputy security until Jane Holl Lute is confirmed for the position. Beers has served under four presidents in various security and intelligence positions, including National Security Council director for counter-terrorism and counter-narcotics and director for peacekeeping.
By AMY HARDER
President Obama today announced his nomination of Ivan K. Fong as general counsel for the Department of Homeland Security. Fong is currently chief legal officer and secretary for medical product company Cardinal Health. During his time as deputy associate attorney general under President Clinton, he wrote The Electronic Frontier: The Challenge Of Unlawful Conduct Involving The Use Of The Internet, a report on cyber crime policy.
Does this suggest that the new administration is placing more emphasis on cyber security? Perhaps. National Journal's Shane Harris examined this issue in a recent article (subscribers only). Any legal expertise would be helpful to DHS as it struggles with its own role in cyber security. The appointment could also signal that the government is aiming to articulate better what government is able to do with private networks.
DHS Secretary Janet Napolitano also named three members of her staff. David A. Martin, a member of Obama's DHS agency review team, will be Napolitano's principal deputy general counsel. Brian de Vallance will be the secretary's senior counselor; he was Napolitano's director of federal relations when she was Arizona governor. Sean Smith will be deputy assistant secretary for public affairs. He previously served as the Pennsylvania communications director for the Obama campaign.
President Obama announced on Friday that he intends to nominate Jane Holl Lute as Homeland Security Department deputy secretary. Homeland Security Secretary Janet Napolitano also named Noah Kroloff as her chief of staff for policy and Jan Lesher as chief of staff for operations.
Lute is currently U.N. assistant secretary-general and has served under two presidents on the National Security Council staff at the White House. Both Kroloff and Lesher served under Napolitano while she was governor of Arizona.
By ALEXIS SIMENDINGER
The Senate acted swiftly just hours after President Obama's inauguration ceremonies to confirm six of his Cabinet nominees as well as his budget director.
By unanimous consent, the Senate confirmed at 3:42 p.m. Tuesday the nominations of Obama's picks to lead the departments of Energy (Steven Chu), Education (Arne Duncan), Homeland Security (Janet Napolitano), Interior (Ken Salazar), Veterans Affairs (Eric Shinseki) and Agriculture (Tom Vilsack).
The Senate also confirmed Peter Orszag to be director of the Office of Management and Budget, a Cabinet-level post. With those seven approvals, Obama came close to matching President George W. Bush's record of moving seven of his nominees into their new posts in 2001 on the same afternoon he was sworn in.
Hillary Rodham Clinton's confirmation to be secretary of State was delayed by a day at the insistence of Sen. John Cornyn, R-Texas, who requested a roll-call vote on her nomination. Senate Majority Leader Harry Reid, D-Nev., said the Senate will have three hours to debate Clinton's appointment Wednesday before they vote Wednesday afternoon.
"I expect her to be easily confirmed," Cornyn conceded during an interview. But he explained that he wanted to deny Clinton unanimous-consent affirmation on Inauguration Day so he could use a floor vote to "air my concerns" that Bill and Hillary Clinton have not been "transparent enough" about President Clinton's foundation fundraising from foreign nationals. Cornyn wants the Clintons to do "more work" to eliminate conflicts of interest.
"If it doesn't get handled now, then it probably won't get handled, so it's important to talk about it," he told National Journal.
Cornyn said GOP senators may seek to place a hold on the confirmation of Eric Holder to be attorney general, once Holder wins approval from the Judiciary Committee, which could happen Wednesday. Such a hold would carry Senate consideration over into next week.
As he departed the Capitol Tuesday, Cornyn said he had spoken to Hillary Clinton about his concerns, and explained that he hoped to win changes in the disclosure agreement worked out between President Clinton and the government, because she is the nation's "top diplomat." The former first lady told Cornyn she had agreed to unusual disclosures and accountability measures to make her husband's transactions more visible, and that she hoped that any additional steps the Senate seeks would not be "specific to her," Cornyn said. Their conversations, he added, were "cool and civil. She understands the concerns."
By AMY HARDER
Michael Chertoff has helmed one of government's most controversial, criticized and crucial departments for nearly four years. Speaking to a small audience at Georgetown University's Riggs Library this morning, the outgoing secretary of Homeland Security offered a word of advice for his successor, Janet Napolitano, and reflected back on his time in the department.
"Nobody would have predicted that, following September 11, that there would have been no successful attack on American soil the following seven years," Chertoff said in his opening remarks. "I don't think that's an accident." His language echoed a similar argument put forth by President Bush on Wednesday, when he said "it's not a matter of luck" the country had avoided another attack.
Chertoff commended the transition efforts of both the incoming and outgoing teams, calling this the most "dedicated and effective transition" in the country's history. But he emphasized that a "lot of work" is ahead for the department, and for President-elect Obama's incoming administration overall.
"The threat of terrorism and extremist ideologies have not abated, vividly underscored last month in Mumbai," Chertoff said early in his speech. "This reminds us that this threat has not evaporated and we cannot turn the page on this."
While stressing the importance of looking ahead, Chertoff also said that the "past is prologue, and to understand what we must do we must understand where we've come from." To that end, he credited Bush and the policies he put in place, like passing the PATRIOT Act and establishing DHS, for helping prevent further attacks.
"If I learned anything these past eight years," Chertoff said, "it's that swift, strong, unequivocal action is the absolute first requirement" when responding to any type of incident.
While DHS holds an event like this every year, Chertoff said he wanted to take a different approach this time, recounting details from his years in the Bush administration and thanking his fellow employees of DHS. He took time to reflect on some of his experiences, including spending a night on an iceberg with the Coast Guard and riding horses in Arizona with Border Patrol agents. "I would also like to tell my successor," Chertoff said, "that a special treat is in store for her."
At various times throughout his nearly hour-long speech, the outgoing secretary implicitly defended his department, more or less acknowledging the widespread criticism it has received since its founding in March 2003. Disagreeing with critics who have claimed the PATRIOT Act was a "midnight deal," swiftly and discreetly passed in Congress, Chertoff called the legislation "well-thought out and a very, very thoroughly discussed package of measures."
Continue reading Chertoff Offers Advice To Incoming DHS Secretary.
By AMY HARDER
Vice President-elect Joe Biden and Homeland Security nominee Janet Napolitano will be briefed this afternoon on a new report released today that projects a nuclear or biological attack will occur somewhere around the world by 2013.
The report, conducted by the bipartisan Commission on the Prevention of WMD Proliferation and Terrorism, aims to serve as road map for President-elect Barack Obama's administration to prevent biological and nuclear terrorism. In its findings, the report focuses on the "poorly governed parts of Pakistan" where the commission concluded the risks to the U.S. are increasing.
Former Sens. Bob Graham, D-Fla., and Jim Talent, R-Mo., have led the commission's efforts, which built upon findings by the 9/11 Commission, another congressionally mandated study. The group has conducted more than 200 interviews with national security experts, held eight major commission meetings and took several trips to regions deemed risks, such as Russia, since May.
The timing of the report's release, in the wake of the Mumbai terrorist attacks last weekend, further drives home the risk of all types of terrorism. "If those people had access to a biological or nuclear weapon they would have multiplied by orders of magnitude the deaths they could have inflicted," Graham told an AP reporter.
The report predicts that terrorists will more likely attack with biological, rather than nuclear, weapons because nuclear facilities are more closely guarded. "The commission believes that the U.S. government needs to move more aggressively to limit the proliferation of biological weapons and reduce the prospect of a bioterror attack," the report states.
President-elect Obama's national security nominees have won praise from key Senate Democrats and appear to be headed toward smooth confirmations, CongressDaily reports today.
Senate Armed Services Chairman Carl Levin praised Defense Secretary Robert Gates' "actions in restoring a measure of accountability in the Pentagon" and highlighted his call for Afghans to increase their security role by doubling their army's size.
Homeland Security and Governmental Affairs Chairman Joe Lieberman called Janet Napolitano a "strong nominee" for Homeland Security secretary and said he looks forward to getting the Arizona governor's "perspective on the anti-terrorism responsibilities of the department."
Judiciary Chairman Patrick Leahy suggested attorney general nominee Eric Holder will ally with Democrats who want to further overhaul the Justice Department in the wake of the firing of U.S. attorneys and a perception that the department is too politicized.
The full report is available to CongressDaily subscribers.
By AMY HARDER
Following in the wake of last week's Mumbai terrorist attacks, President-elect Barack Obama announced his national security team at a press conference this morning in Chicago. With unrest between India and Pakistan rising over the weekend, Obama addressed the situation briefly but declined to comment further when pressed by a reporter.
"This is one of those times that I reiterate that there is one president at a time," the president-elect said. "We will be engaged in delicate diplomacy in the next several days and weeks. It would be inappropriate for me to comment, but what I can so unequivocally is that both myself and the team that stands beside are absolutely committed eliminating the threat of terrorism."
That team includes several appointments that had been rumored for weeks -- Hillary Rodham Clinton as secretary of State, Secretary of Defense Robert Gates, Eric Holder as attorney general, Arizona Gov. Janet Napolitano as Homeland Security Department secretary, Obama's campaign foreign policy adviser Susan Rice as ambassador to the United Nations and Gen. Jim Jones as national security adviser.
After announcing Clinton as his secretary of State, Obama was asked about "belittling" her international experience while on the campaign trial. "This is fun for the press to try to stir up whatever quotes were formed over the course of the campaign," Obama quipped in response. "If you look at statements that [Clinton] and I have made outside of the heat of the campaign, we share a view that America has to be safe and secure." He added that in making his decision, he never experienced a "light bulb moment"; rather, once their primary battle was over, he started thinking of ways they could work together.
Continue reading Obama Stresses Pragmatism Of Security Appointees.
(Credit: Jim Watson/AFP/Getty Images)
The Obama-Biden transition team this morning made official several key appointments, confirming reports that the president-elect was seeking Hillary Rodham Clinton as secretary of State, Eric Holder for attorney general and Robert Gates as secretary of Defense.
The team also confirmed that Arizona governor -- and early Obama endorser -- Janet Napolitano was Obama's pick for DHS chief, and named retired Gen. Jim Jones as national security adviser and Susan Rice as ambassador to the U.N. Combined with previously announced names, today's rollout brings the total number of announced picks from the Obama team to 42.
Check back shortly for coverage and video of Obama's press conference unveiling his national security team.
Complete release available after the jump.
Continue reading Clinton, Holder, Gates Officially Announced.
Arizona Gov. Janet Napolitano, reported to be President-elect Barack Obama's choice for Homeland Security secretary, has made a name for herself in the illegal immigration debate. Last December, she spoke with National Journal's Lisa Caruso about the terms of the debate, crafting policy and the federal government's responsibilities.
NJ: On the national level, the Democratic presidential candidates seem wary when it comes to illegal immigration. What should they say?Napolitano: You say, "Here's my enforcement strategy. It's multitiered: It's manpower. It's technology. It's equipment. And in my budget I'm going to put the money not only to do it but sustain it over time. Unlike my predecessors' budgets, my budgets every year will call on the Department of Homeland Security and ICE [Immigration and Customs Enforcement] and local law enforcement at the border to be properly resourced so that we have continual operational control at the border.
"I'm going to direct the secretary of Labor to tell us what our labor market needs are, and we're going to adjust the visas accordingly, and we're going to put in place a process to do that, protecting jobs for American workers but realizing that we will have a national labor shortage moving forward. I'm going to pay specific attention to certain areas such as H-1B visas [for skilled workers], where there is such a demonstrated need and there's more than enough work for everyone to go around. The third thing is, we're going to deal with the 12 million in this country. We're not going to have a permanent underclass. They're going to have to pay a fine, get in line, and pay their taxes. And I don't call that amnesty."
The full interview is available to subscribers, as is Napolitano's profile in the Almanac of American Politics.
By SHANE HARRIS
Several news organizations are reporting this morning that Arizona Gov. Janet Napolitano is President-Elect Obama's pick to head the Homeland Security Department. If the reports are accurate, the choice would not come as a huge surprise -- Napolitano's name was floated early, and when the incoming administration signaled its interest in Eric Holder for attorney general (the other post Napolitano had been mentioned for), she naturally came into focus for DHS.
But if it's not surprising that Obama might turn to a trusted governor for this position, it is significant. DHS is the federal government's point of contact with state and local governments on disaster preparedness and counterterrorism issues. (The FBI also plays a significant role on the latter.) The first DHS secretary was a governor -- Tom Ridge of Pennsylvania -- but the current secretary, Michael Chertoff, was an attorney and judge. Some have argued that governors have a more intimate understanding of state and local governments' concerns, and therefore are a more natural choice to head the vast, often unwieldy department.
DHS is such a young department that one can't say with certainty what kind of experience best suits a secretary. But if nothing else, putting a governor in charge may appeal to state and local officials, who will feel that one of their own is in charge.