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Part II: Recommendations<br />

Based on his and others’ oversight of the Department of Homeland Security over the past<br />

ten years, including the information presented in this report, Senator Tom Coburn offers the<br />

following recommendations for Congress and the Department of Homeland Security:<br />

1. Reforming DHS must begin by reforming Congress’s approach to homeland security—<br />

including streamlining committee jurisdiction over DHS and putting aside parochial<br />

considerations when making policies for DHS.<br />

The biggest challenge facing the Department of Homeland Security is Congress itself.<br />

Congressional oversight of executive branch agencies is one of the essential features of our<br />

government, allowing the people, through their elected representatives, to hold agencies<br />

accountable for complying with and enforcing the law. Yet, when it comes to DHS, Congress’s<br />

oversight of the Department is fractured, disorganized and, at times, contradictory.<br />

Under the current jurisdictional rules, the Department of Homeland Security reports<br />

that it is accountable to responding to inquiries from more than 90 committees and<br />

subcommittees that have some jurisdiction to conduct oversight of DHS. 705 The Washington<br />

Post reported that the number of Committees that exercise some jurisdiction over DHS was<br />

“nearly three times the number that oversee the Department of Defense.” 706 This means that<br />

hundreds of legislators across both bodies of Congress, including dozens of Committee chairs<br />

and ranking members, have the power to oversee, question, and set priorities for DHS.<br />

This fractured jurisdiction creates challenges both for Congress and DHS. For example,<br />

authorization legislation is routine for government organizations, and is the mechanism by<br />

which Congress sets agency priorities and comprehensive policy direction. But jurisdictional<br />

705 This estimated has been attributed to the DHS Office of Legislative Affairs, and was cited by the Aspen Institute<br />

and Annenberg Public Policy Center of the University of Pennsylvania, in various publications since 2013.<br />

Committee staff sent an inquiry to CRS to clarify what was the most accurate estimate of number of committees<br />

and subcommittees that have jurisdiction over DHS. CRS reported that “there is no single accepted methodology<br />

for making an authoritative count, due in part to the flexibilities inherent in the rules and precedents of each<br />

chamber.” Email from CRS to Committee Staff, December 17, 2014.<br />

706 Jerry Markon, “Department of Homeland Security has 120 reasons to want streamlined oversight,” Washington<br />

Post, September 25, 2014.<br />

150

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