Government Executive - Authors - Kate Schuler

Senate panel backs Coast Guard reauthorization bill

Kate Schuler — Fri, 03 Aug 2007 00:00:00 -0400

The $8.2 billion Coast Guard reauthorization bill (S. 1892) was approved by voice vote Thursday, including $1 billion in funds for the Deepwater fleet upgrade program.

The panel adopted the bill without debate, even though the Deepwater program has drawn considerable scrutiny after numerous recent public failures including the decommissioning of the first eight patrol boats procured under the program after numerous problems were found.

Sponsored by Maria Cantwell, D-Wash., the legislation authorizes 45,500 active duty Coast Guard personnel and changes the status of the vice commandant rank from a 3-star position to a 4-star, a move that brings the Coast Guard into better alignment with other armed forces.

The bill also strengthens the Coast Guard's ability to protect U.S. ports-of-entry and prosecute mariners who smuggle aliens on board their ships, but clarifies that protection will be given to those who unknowingly harbor stowaways or offer help to people in need of medical attention.

The Coast Guard fleet would get two new polar icebreakers, doubling the number of active vessels in use now for research and resupplying outposts in the Arctic and Antarctica. A report this year by the National Academy of Sciences recommended the two new icebreakers given concerns that international expeditions to the Arctic will increase competition in the region and threaten U.S. interests there, particularly as new oil and gas reserves are uncovered.

The bill would also require maintenance on the Loran-C navigation system used by general aviators, recreational boaters, commercial fishermen, as well as a backup to the military's GPS satellite-navigation system.

Preventing oil spills was also highlighted in this year's reauthorization bill. Cantwell included many of the provisions in her Oil Pollution Prevention and Response Act (S. 1620), including requiring the Coast Guard to work on prevention of spills resulting from human error, from transfer of oil to or from vessels at sea, and small oil spills. It would also require coordination with tribes on spill prevention, preparedness and response.

The panel also adopted several amendments by voice vote. An amendment by Cantwell would ensure that vessels conveyed for education, historic or cultural purposes to an institution are not sold or used for commercial or other inappropriate activities.

An amendment by Sen. Bill Nelson, D-Fla., would set a cap on penalties paid in class action suits by seamen on passenger vessels capable of carrying more than 500 passengers who are suing for unpaid wages. The cap on damage awards would be limited to ten times the amount of unpaid wages and suits must be filed within three years of the last voyage.

The House Transportation and Infrastructure Committee approved its version of the bill (H.R. 2830) on June 28.

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Senate bill creates DHS management post

Kate Schuler — Thu, 02 Aug 2007 00:00:00 -0400

The bill (S. 547) would create the position of deputy secretary of Homeland Security for management, to serve as a principal adviser to the secretary of the Homeland Security Department on all issues related to management of the department.

The legislation was approved by voice vote without debate.

Sponsored by Sen. George Voinovich, R-Ohio, the bill specifies a five-year term for the deputy secretary, a position that would be appointed by the president. The DHS secretary would maintain the first- and second-highest ranking positions in the agency, the newly created position would be the third-highest ranking official.

When he introduced the bill, Voinovich said that he believed the current under-secretary position lacked the authority to maintain a management strategy across the entire department. He also cited Government Accountability Office and inspector general reports that highlighted management and logistical problems at DHS that put the agency at risk for waste, fraud and abuse.

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Bill to target waste in contracting moves to Senate floor

Kate Schuler — Wed, 01 Aug 2007 00:00:00 -0400

"With federal contract purchases now exceeding $400 billion a year and with the alarming waste we have discovered through our investigations, the need for vigorous reform of our contracting operations is evident," said ranking member Sen. Susan Collins, R-Maine, adding that new contracts subjected to open competition have fallen below 50 percent.

The bill (S. 680), which was adopted by voice vote, would require that federal agencies get three offers or provide justification that the maximum practicable competition was obtained for the purchase of property and services. It also requires more transparency a publication of "sole source" orders. The legislation would also more closely link award fees to performance.

It also limits the length of non-competitive contracts that were awarded under exceptional circumstances. The original bill would have required a competitive process be held within 150 days, but a substitute amendment extended that period to 270 days.

The substitute amendment, adopted by voice vote, also requires an analysis of the handling of subcontracting and waste, and it deletes a section of the original bill dealing with strengthening the office of the inspector general. Concerns about the office of the IG will be dealt with in a separate bill, Collins said.

The legislation also aims to recruit and retain acquisition professionals in the federal workforce. Collins noted that 30 percent of contracting personnel will be eligible for retirement in 2011.

The bill increases acquisition workforce training programs including an internship and fellowship program that would pay tuition for students who promise to work in the acquisitions field in the federal government for three years.

"Our goal in this bill is to strengthen competition in federal contracting, improve procurement outcomes, and curtail waste of taxpayers' money," Collins said.

Collins noted several specific cases of government waste including $1.3 million in unnecessary equipment and $2 million in unaccounted for disbursements in a $7 million contract for a polices academy in Iraq, and a $915 million contract with FEMA to build manufactured homes for Hurricane Katrina victims, more than 2000 of which were found to exceed size specifications.

The measure now moves to the Senate floor.

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Whistleblower protection bill gains Senate panel’s approval

Kate Schuler — Thu, 14 Jun 2007 00:00:00 -0400

The legislation (S. 274), approved by voice vote, would clarify language in the 1989 Whistleblower Protection Act to state that whistleblowers are protected by law for any disclosure regardless of whether it is made as part of an employee's job duties, whether it is made orally or written, and whether it is made to someone inside or outside an agency - including to members and staff of Congress with proper security clearances. The bill also states that the court should not consider the time, place, or motive of the disclosure when considering whistleblower cases.

Bill sponsor Sen. Daniel Akaka, D-Hawaii, has said that the Federal Circuit Court of Appeals has repeatedly defined whistleblower statutes too narrowly and that he believes this legislation will clarify the intent of the law. The bill would also take whistleblower cases out of the sole jurisdiction of the Federal Circuit Court of Appeals for five years.

"Strengthening whistleblower protections is not simply an employee protection issue, it is good government," Akaka said. "If federal employees fear reprisal for reporting fraud and abuse, taxpayers and national security suffer."

The bill would also protect employees against retaliatory investigations and ensure that threat of revoking whistleblowers' security clearances - essential for national security workers - would not be used as leverage to punish or discipline them.

The measure passed the Senate last year as part of the fiscal 2007 Defense Authorization Act, but was not enacted into law.

The White House has been hostile toward similar whistleblower bills for federal employees and is unlikely to be open to this one. When the House voted on legislation (H. R. 985) for whistleblowers at federal security and scientific agencies in March, the White House strongly opposed the legislation because it could compromise national security and increase frivolous complaints. That bill passed the House 331-94.

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House subcommittee authorizes center to study bio-threats

Kate Schuler — Thu, 07 Jun 2007 00:00:00 -0400

The House Homeland Security Emerging Threats, Cybersecurity, and Science and Technology Subcommittee approved the bill (H.R. 1717) by voice vote.

The bill would authorize the creation of a massive new research center, known as NBAF, to study biological threats and develop countermeasures against outbreaks.

Subcommittee Chairman Jim Langevin, D-R.I., and ranking member Rep. Michael McCaul, R-Texas, said the language included in this bill represented an attempt to resolve a jurisdictional dispute with the Agriculture Committee and the Agriculture Department by giving the Homeland Security Department more flexibility to decide on a site for the new center and by clarifying that DHS would not interfere with the USDA's authority.

"It is my intention to resolve their concerns," Langevin said.

The Plum Island Animal Disease Center, run by the USDA, has been the primary center for this type of research for the past 50 years, Langevin noted, but the facility needs updating and containment technologies have advanced enough so that there is no longer a need to conduct the research on an island.

"The lack of this facility is a serious gap in our homeland security apparatus," said McCaul, who estimated the cost at $450 million. "USDA will be free to direct its own research at NBAF, but the reason to create it will be to research on high consequence diseases that will seriously impact national security."

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DHS science chief vows more accountability, innovation

Kate Schuler — Thu, 29 Mar 2007 00:00:00 -0400

Former Adm. Jay Cohen appeared before the House Homeland Security Appropriations Subcommittee to answer questions about the progress of technology developments and how to prioritize research investments.

Cohen acknowledged the previous structure had led to inefficiencies, but said the new organization -- which divides the directorate into six technical areas -- is already working to help with planning to target risks.

Homeland Security Appropriations Subcommittee Chairman David Price, D-N.C., commended the changes, but expressed concern with a decrease in funding for Centers of Excellence at universities that conduct research on homeland security needs. Cohen said that four new centers will be established over the next two fiscal years.

"I will not ask them to do more with less," Cohen said, explaining that the Centers of Excellence would be closely aligned with the technical divisions of the directorate.

Several members asked for a progress report on technologies to address concerns such as port security. Cohen said an "advanced container security device" to scan containers for dangerous materials is likely two years away.

As a way to explain the difficulties with detecting dangerous contents in containers, Cohen held up a piece of a steel container, explaining that sensors are not as effective reading through steel. He then showed lawmakers a composite material that would make detection easier, which he said researchers are working on.

Homeland Security Appropriations Subcommittee ranking member Harold Rogers, R-Ky., expressed frustration that such tools were not in wide use. "I cannot for the life of me understand why we can't do this," he said.

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IRS chief cites progress toward closing tax gap

Kate Schuler — Wed, 14 Feb 2007 00:00:00 -0500

Senate Budget Chairman Kent Conrad, D-N.D., expressed some consternation that the administration's proposals for closing the so-called tax gap would collect only a fraction of billions owed by individuals, small businesses and corporations.

"I commended you for what you've done, but let's deal with reality," Conrad said. "Tax avoidance is growing dramatically." He noted that the estimated $20 billion that could be recovered is less than 1 percent of the $2.4 trillion the IRS collects annually, and he lamented the slow progress.

Everson responded that the agency has to be careful to balance the need for compliance with additional burdens placed on taxpayers. "There are any number of things you could add to this [proposal], you just get more burdensome tradeoffs," he said.

The hearing focused on the president's fiscal 2008 budget for the IRS which requests $11.1 billion for the agency, a 4.7 percent increase over fiscal 2007.

Everson said he is satisfied with the president's request and declined when Conrad suggested that Congress should allocate an additional $250 million for the agency. "If you grow a budget too quickly, you lose control," Everson said.

The administration's budget request was accompanied by proposals for 16 pieces of legislation aimed at shrinking the tax gap.

Everson noted that budget increases alone would not be as effective in collecting the taxes owed without enacting the proposals for increasing compliance. He pointed to four proposals as a priority for Congress to pass: expand reporting of credit card transactions, require basis reporting on sales of securities, make failing to file a felony, and require e-filing for certain businesses.

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