MAILS Act

— 163 — Department of Homeland Security The old practice of relying on Executive Secretary taskings to pull documents for congressional requests does not work: It is slow, the metrics for what documents are gathered and how are unclear, and the components do not gather responsive material in an efficient manner. Document gathering should come from the Office of the Chief Information Officer or a relevant technological element within the department that can pull responsive communications quickly. OFFICE OF LEGISLATIVE AFFAIRS (OLA); OFFICE OF PUBLIC AFFAIRS (OPA); AND OFFICE OF PARTNERSHIP AND ENGAGEMENT (OPE) DHS’s external communications function should be consolidated and reformed so that the President’s agenda can be implemented more effectively. The Office of Partnership and Engagement should be merged into the Office of Public Affairs. In many Cabinet agencies, outreach to companies and partner organizations is similarly performed by the Office of Public Affairs. This would also accomplish a needed DHS organizational and management reform to decrease the number of direct reports to the Secretary. Both public and legislative affairs staff in the components should report directly to their respective headquarters equivalent. This would help to avoid a failure by the department to speak with one voice. It would also allow the component staff to perform more efficiently, overseen by expert managers in their trade. This would also allow DHS to respond to crises effectively by shifting staff as needed to the most pressing issues and better use underutilized staff at less active components. Only political appointees in OLA should interact directly with congressional staff on all inquiries, including budget and appropriations matters. To prevent congres- sional staff from answer shopping among HQ OLA, the DHS OCFO, and components, DHS legislative affairs appropriations staff should be moved from MGMT OCFO into OLA. Regarding components, budget/appropriations staff should move from component budget offices into component legislative affairs offices. Because dozens of congressional committees and subcommittees either have or claim to have jurisdiction over some DHS function, DHS staff from the Secretary on down spend so much time responding to congressional hearing and briefing requests, letters, and questions for the record that they are left with little time to do their assigned job of protecting the homeland. The next President should reach an agreement with congressional leadership to limit committee jurisdiction to one authorizing committee and one appropriations committee in each cham- ber. If congressional leadership will not limit their committees’ jurisdiction over DHS, DHS should identify one authorizing and appropriations committee in each chamber and answer only to it. To focus more precisely on the DHS mission, OLA staff should also identify outdated and needless congressional reporting requirements and notify Congress — 164 — Mandate for Leadership: The Conservative Promise that DHS will cease reporting on such matters. For other congressional reports, OLA should implement a sunset date so that Congress must regularly demonstrate the need for specific data. In both OPA and OLA, a change in mission and culture is needed. The clients of both components are the President and the Secretary, not the media, external organizations, or Congress. OPA and OLA should change from being compliance correspondents for outside entities airing grievances to serving as messengers and advocates for the President and the Secretary. OFFICE OF OPERATIONS COORDINATION (OPS) OPS was originally conceived by then-Secretary Jeh Johnson as an entity tasked with coordinating cross-DHS assets on an as-needed basis using a joint operations approach. This role is particularly challenging because of the disparate nature of mission sets across DHS. OPS should absorb a very small number of tactical intelligence professionals from I&A as the rest of I&A is shut down. Such intelligence officers would be a subordinate element within OPS placed within the National Operations Center. The intelligence officers would provide tactical intelligence support for upcoming or ongoing opera- tions in addition to liaising with their agency/component counterparts. There would be no strategic intelligence analysis done as part of OPS or its new I&A sub-element. In addition to facilitating all-of-DHS coordination on a task-by-task basis, OPS would be responsible for ongoing situational awareness for the Secretary and Deputy Secretary. In addition to long-term staffing, OPS would have cycling billets from each of the major agencies and components to facilitate its most effective working rela- tionships across DHS. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES (CRCL) AND PRIVACY OFFICE (PRIV) The Homeland Security Act established only an Officer of CRCL, not an office. The only substantive function Congress then assigned to the officer was to review and assess information alleging abuses of civil rights. Since then, Congress and CRCL itself have significantly expanded CRCL’s scope and size well beyond its original intent or helpful purpose. CRCL now operates and views itself as a quasi- DHS Office of Inspector General. This results in a considerable waste of limited component resources, which are routinely tasked to address redundant, overly burdensome, and uninformed demands from CRCL. It is therefore important to recalibrate CRCL’s scope and reach. The organizational structure of both CRCL and the Privacy Office should be changed to ensure proper alignment with the department’s mission. The Office of General Counsel should absorb both CRCL’s and PRIV’s necessary functions

— 160 — Mandate for Leadership: The Conservative Promise Officer’s procurement of innovative technology; and the facilities plan, including the consolidation into the St. Elizabeth’s campus. They should also be prepared to help implement any end to unionization of DHS components in response to an executive order pursuant to 5 U.S.C. 7103.15 Office of the Chief Financial Officer (OCFO). DHS responsibilities to work with Congress have been split between the Office of Legislative Affairs (OLA) and OCFO. OLA deals with the authorizing committees on policy issues, and OCFO works with the appropriations committees on budget planning, execution, and reprogramming. This split creates communication and visibility issues within DHS and inconsistency in answers to Congress. This is an issue not only within the HQ model, but also through- out the components. Either appropriations personnel should be moved to OLA and there should be a “dotted line” reporting structure to OCFO, or a policy that OLA per- sonnel must be included on communications to Congress should be implemented. To avoid “answer shopping” by congressional staff, particularly appropriations staff, all budget communications from the OCFO, including from the CFO him/ herself, should first be provided to the Director of OLA to ensure consistency of information, messaging, and answers. This may be deemed awkward given that the OCFO is a Senate-confirmed position, but it is necessary to avoid inaccuracies and inconsistencies in messaging. Federal Protective Service (FPS). FPS needs federal agents to develop, share, and receive operational information and maintain direct contact with the Secretary in the midst of heightened threats. Before the summer 2020 civil unrest, position- ing FPS under MGMT was justified, but given the current climate, they should not be reporting through MGMT. This may be especially problematic if a Management Directorate Under Secretary lacking law enforcement or military experience is in place when a situation like summer 2020 arises. FPS should report to the Secretary as other components (e.g., FLETC) do. This would add little to the Secretary’s current burden unless or until civil unrest arises, at which point reporting to the Secretary creates a direct line between the primary DHS decision-maker (S1 or S2) and the FPS Director. Regarding operational communication, there should be information-sharing mandates (MOAs)—which are applicable under specific circumstances where fed- eral facilities are involved—between FPS and the U.S. Marshals, U.S. Park Police, and FBI. Agreements with U.S. Capitol Police and Supreme Court Police should also be considered, but it is noteworthy that those entities are jurisdictionally out- side of the executive branch. OFFICE OF STRATEGY, POLICY, AND PLANS (PLCY) Department-Level Reforms. PLCY should perform a complete inventory, analysis, and reevaluation of the department’s domestic terrorism lines of effort to ensure that they are consistent with the President’s priorities, congressional authorization, and Americans’ constitutional rights. — 161 — Department of Homeland Security PLCY should likewise do a complete inventory, analysis, and evaluation of any of the department’s work, in coordination with social media outlets, to censor or otherwise change or affect Americans’ speech. PLCY should comprehensively report on and publish this history in full so that the American people can know the facts. The department should remove all personnel who participated in any of this activity. The department has significant authority and budget to provide grants for var- ious purposes. This effort is diffused across components and lacks central policy thought and coordination. PLCY should set a departmentwide policy that estab- lishes how granting choices are to be made and is consistent with the President’s priorities. PLCY should clear all granting decisions to ensure that they are con- sistent with the new policy. PLCY-Wide Reforms. PLCY should work with Congress to streamline the department’s reporting requirements. Because there has not been a departmen- tal reauthorization bill and these requirements have been added piecemeal over two decades, they significantly overlap and even conflict—wasting resources and distracting from the department’s mission. PLCY should seek the elimination of the Quadrennial Homeland Security Review. Issue-Area Reforms. PLCY should bolster its Immigration Statistics program and make it the one-stop shop for the timely production of all department immi- gration statistics and analysis. OFFICE OF INTELLIGENCE AND ANALYSIS (I&A) The Office of Intelligence and Analysis should be eliminated both because it has not added value and because it has been weaponized for domestic politi- cal purposes. The Intelligence Community (IC) already provides raw intelligence to DHS components. In addition, the FBI, National Counter Terrorism Center, and other agencies where necessary already provide holistic threat assessment products to federal, state, local, tribal, and territorial governments as well as to private-sector entities at both the classified and unclassified levels where appropriate. I&A’s work as an interlocuter between the IC and DHS components’ individual intelligence operations on the one hand and government and the private sector on the other, as well as between the IC and the components, is at best duplicative. At worst, it is used and discussed in the media as a political tool, resulting in more harm than good to the U.S. government and IC writ large. The Cybersecurity and Infrastructure Security Agency, which is not a member of the IC, should create cyber intelligence products in a collaborative fashion with the National Security Agency and U.S. Cyber Command. Such efforts would lead to timelier usable classified and unclassified products for stakeholders that exceed the quality and capability of I&A’s efforts. This same principle applies to other

— 504 — Mandate for Leadership: The Conservative Promise l Reverse HUD’s mission creep over nearly a century of program implementation dating from the Department’s New Deal forebears. HUD’s new political leadership team will need to reexamine the federal government’s role in housing markets across the nation and consider whether it is time for a “reform, reinvention, and renewal”1 that transfers Department functions to separate federal agencies, states, and localities. OVERVIEW HUD was created by the Housing and Urban Development Act of 19652 and since then has administered several programs that had been administered by the Housing and Home Finance Agency. With a proposed fiscal year (FY) budget authority totaling $71.9 billion and 8,326 full-time equivalent (FTE) employees,3 it remains the largest government agency charged with implementing federal housing policy. In addition to its headquarters in Washington, D.C., HUD has 10 regional offices as well as field offices and centers to implement specialized operational and enforcement responsibilities.4 HUD program offices also interface with various networks of implementing organizations such as locally chartered public housing agencies (PHAs) and federal, state, and local government and judicial bodies as well as such private industry participants as mortgage lenders. The Secretary of Housing and Urban Development can delegate authority to various entities across an array of HUD programs.5 The Secretary also oversees the Office of the Deputy Secretary;6 the Office of Hearings and Appeals (OHA);7 the Office of Small and Disadvantaged Business Utilization (OSDBU);8 and the Center for Faith-Based and Neighborhood Partnerships (CFBNP).9 The Office of the Secretary also comprises a team of politically appointed positions and career support staff. Each of the following offices should be headed by political appointees except where otherwise noted. l Office of Administration, headed by the Chief Administration Officer. The Office of Administration has responsibilities for the Office of the Chief Human Capital Officer (OCHO, headed by the Chief Human Capital Officer, currently a career position) and the Office of the Chief Procurement Officer (CPO, headed by the Chief Procurement Officer, currently a career position). l Office of the Chief Financial Officer, headed by the Chief Financial Officer. l Office of the Chief Information Officer, headed by the Chief Information Officer. — 505 — Department of Housing and Urban Development l Office of Public Affairs, headed by a Senate-confirmed Assistant Secretary (AS) or Principal Deputy Assistant Secretary (PDAS). l Office of Congressional and Intergovernmental Relations (CIR), headed by a Senate-confirmed AS or PDAS. l Office of Community Planning and Development (CPD), headed by a Senate-confirmed AS or Principal DAS. CPD administers various entitlement and non-entitlement programs across community development, disaster recovery, and housing for the homeless10 and individuals with special needs, including Housing Opportunities for Persons with AIDS (HOPWA). The two largest CPD-administered programs are the Community Development Block Grant (CDBG) Program,11 which includes disaster recovery funding, and the Home Investment Partnerships Program (HOME).12 CPD’s Relocation and Real Estate Division (RRED) has departmental delegated authority for the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.13 l Office of Public and Indian Housing (PIH), headed by a Senate- confirmed AS or PDAS. PIH administers public housing and tenant-based rental assistance programs, as well as authorities for Native American and Native Hawaiian housing assistance and loan guarantee programs under the Native American Housing Assistance and Self-Determination Act (NAHSDA).14 Tenant-Based Rental Assistance represents the major portion of HUD’s nonemergency discretionary budget. HUD describes its Housing Choice Voucher Program as “an essential component of the Federal housing safety net for people in need.”15 PIH also implements funding for the Self- Sufficiency Coordinator Program; the Public Housing Fund (operating and capital funds for PHA administration of Section 9 public housing and Section 8 voucher programs); and Choice Neighborhoods (zeroed out during the Trump Administration budget request but included in HUD’s FY 2023 budget, which requests $250 million for the program).16 l Office of Housing and Federal Housing Administration (FHA), headed by a dual-hatted, Senate-confirmed AS and Federal Housing Commissioner or Acting Federal Housing Commissioner. The Office of Housing oversees implementation of the department’s project-based rental assistance (PBRA) multifamily housing portfolio, Section 202 supportive housing for the elderly program, Section 811 program for disabled persons’ housing, and Housing Counseling Assistance program. The Federal Housing Administration administers the Mutual Mortgage Insurance