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Court orders reinstatement of CBP terminated employee, saying termination was unjustified
Customs and Border Protection(CBP) agent Thomas G. Wrocklage has triumphedin his effort to return to work following a federal appeals court’s disagreement with how the Merit Systems Protection Board(MSPB) decided his removal appeal. Wrocklage disagreed with his supervisors about a $300 fine issued to an elderly couple returning from a trip to Canada for failure to disclose to a second border officer that they had with them some fruits and vegetables.
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Vet alleges supervisors at CBP IA ignored his disability: “He Just needed an ounce of compassion” -- Pt. 1
J. Gregory Richardson, a Lieutenant Commander in the Navy (Retired) who injured his back on his last deployments, says that when he served a Senior Security Analyst t Customs and Border Protection Internal Affairs (CBP IA) from 2006 until 2013, supervisors there repeatedly ignored his status as a disabled veteran despite extensive documentation of his medical condition. A fellow CBP IA employee agrees: “he (Richardson) just needed an ounce of compassion” from his supervisors, she said. This veteran never received an ounce of compassion, however, or any other consideration or accommodation. He appears to have been set adrift in the complexities of the federal employment procedures and policies process.
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U.S. should emulate allies in pushing for public-private cybersecurity collaboration
Israeli Prime Minister Benjamin Netanyahu announced last month the formation of a national cyber defense authority to defend civilian networks under the leadership of the Israel National Cyber Bureau.The “U.S. government has a lot to learn from successful examples in allied nations. With more compromise and reform, there is plenty of reason for hope,” says a cybersecurity expert, adding that “a cybersecurity partnership between government, business, and individuals built on trust is possible, and would promote more resilient networks as well as creative thinking on cybersecurity.”
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Departures, vacancies continue to hobble DHS
The rate of senior level departures at DHS has increased in recent years, and some say that as a result, the department is unable to stay ahead of emerging threats, including potential terrorist and cyber incidents. According to the FedScope database of federal employees administered by OMB, between 2010 and 2013, departures of permanent DHS employees increased by 31 percent, compared to a 17 percent increase for the entire federal workforce.
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Debate continues over DHS’s St. Elizabeths project
A Government Accountability Office(GAO) report released at a House hearing last Friday says that Congress should make future funding available for the consolidation of DHS offices at the St. Elizabeths campus in Washington, D.C. Those in favor of continuing the over-budget, behind-schedule DHS project at St. Elizabeths received support from the Senate Homeland Security and Governmental Affairs Committee, when the committee released its report on the subject last Friday. Not everyone agreed. “It’s been three years since construction began with some funds from the 2009 Stimulus Act,” said Jeff Duncan (R-South Carolina). “What we got were cushy offices for Washington bureaucrats, courtyards with Brazilian ivywood, a living roof and rainwater-flush toilets — driven by a political agenda. We could have used normal plumbing.”
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R&D at DHS is “inherently fragmented”: GAO
The GAO says that DHS does not know how much it spends on R&D, making it difficult for the sprawling agency to oversee and coordinate those efforts. David Maurer, GAO’s director of Homeland Security and Justice, told a House hearing that R&D at DHS is “inherently fragmented.” The reason is that each of several components of the agency — the Science and Technology Directorate, the Coast Guard, and the Domestic Nuclear Detection Office — are given R&D responsibilities by law. At the same time, other DHS components conduct their own R&D efforts as long as those activities are coordinated through the S&T office, Maurer said.
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Former head of Internal Affairs at CBP: Agency suffers from “institutional narcissism”; conducting its affairs beyond “constitutional constraints”
In what may become the most explosive scandal in the history of the U.S. Border Patrol, James F. Tomsheck, former head of Internal Affairs at U.S. Customs and Border Protection (CBP), accused his own agency of protecting its agents from criminal charges, including murder, corruption, and graft. Tomsheck also directly pointed the finger at CBP senior management, including former Commissioner Alan Bersin and Chief David Aguilar. Tomsheck, who served until June of this year as the head of internal affairs for U.S. Customs and Border Protection, characterized his agency as suffering from “institutional narcissism” and maintaining a culture which allowed its agents to act beyond “constitutional constraints”
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Alabama did not share enough DHS funds with local governments
An audit by the DHS inspector general’s office found that Alabama’s Homeland Securityprogram has not met the conditions of receiving DHS grants, as it fails to share adequate grant money with local governments. The audit, completed in May, found that of the $20.5 million awarded to Alabama for homeland security projects between 2010 and 2012, the state agency gave less than the required 80 percent of funds to local governments.
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DHS IG: manual processing faster than Electronic Immigration System (ELIS)
A new reportby DHS Office of Inspector Generalconcludes that the department’s $1.7 billion Electronic Immigration System(ELIS), used to process forms for benefits, VISAs, and refugee requests, is inefficient as it takes twice as long as processing the applications manually.Currently, workers spend roughly 125 clicks per application, a more time-consuming process than processing the forms manually.
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DHS top priorities: addressing terrorism, cyberthreats, and extreme weather risks
In its second quadrennial review, DHS outlined the department’s efforts to enhance the five homeland security objectives detailed in the first review, issued in 2010. Combating terrorism remains DHS’s primary mission, but recent disasters, including the Deepwater Horizon oil spill in 2010, Hurricane Sandy in 2012, and domestic terrorism events such as the Boston Marathon bombings in 2013, along with cyberthreats against the nation’s infrastructure, have led the agency to adopt a risk-based approach to significant threats from both terrorism and natural disasters.
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Proposed bill would extend tax exemption to civilians in combat zones
A bipartisan bill introduced in May would extend the same tax credit available to military personnel serving overseas to civilian federal employees serving in combat zones. Most civilians working abroad in combat zones are employees of the Defense and State departments, the intelligence community, and the U.S. Agency for International Development.
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1.6%: CBP data show dysfunctional Internal Affairs
The good news is that James F. Tomscheck, the head of internal affairs for U.S. Customs and Border Patrol since 2006, was reassigned last week to another job within his agency. The bad news is that CBP internal affairs supports a decades-old culture mired in cronyism and secrecy. Last month, for example, CBP finally disclose data about internal affairs investigations into allegations of abuse by its own agents. Even so, the numbers are so out of whack that this federal report easily might be confused with the Chinese government’s recent version of the violence at Tiananmen Square in 1989: out of 809 complaints of abuse by CBP agents from January of 2009 to January of 2012, only an astounding thirteen required disciplinary action against CBP agents. The public is supposed to believe, in other words, that under Tomscheck’s leadership, a mere 1.6 percent of the charges against his agents over a three-year period had merit.
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DHS’s intelligence framework and analytic planning process ineffective: GAO
A new Government Accountability Office(GAO) reportsays DHS’s intelligence framework and analytic planning process are ineffective, raising concerns about the department’s ability to coordinate and prioritize intelligence strategies despite having systems put in place for integrating intelligence and analytic activities.
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U.S. recalibrating Secure Communities
The number of municipalities cooperating with Secure Communities has grown from fourteen in 2008 to more than 3,000 today, and about 283,000 immigrants have been deported under the program between 2008 and April of this year. More and more municipalities, however, refuse to hold undocumented immigrants in jail on behalf of Secure Communities.DHS chief Jeh Johnsonsays Secure Communities needs a “fresh start,”and President Barack Obama is planning to limit deportations to undocumented immigrants who have been convicted of violent crimes.
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DHS HQ: Doubts grow about trouble-plagued St. Elizabeths complex
DHS was supposed to move into its new, centralized headquarters on the grounds of the historic St. Elizabeths, in 2015, at a cost estimated to be about $3 billion. Today the project is $1.5 billion over budget, eleven years behind schedule, with thousands of DHS employees working at more than fifty scattered, expensively leased office buildings. Some lawmakers doubt whether the complex will ever be completed. A congressional aide familiar with sentiments on the Hill says: “It’s [the original St. Elizabeths complex plan] just not going to happen. The money doesn’t exist.”
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More headlines
The long view
Trump Aims to Shut Down State Climate Policies
By Alex Brown
President Donald Trump has launched an all-out legal attack on states’ authority to set climate change policy. Climate-focused state leaders say his administration has no legal basis to unravel their efforts.
Vaccine Integrity Project Says New FDA Rules on COVID-19 Vaccines Show Lack of Consensus, Clarity
By Stephanie Soucheray
Sidestepping both the FDA’s own Vaccines and Related Biological Products Advisory Committee and the CDC’s Advisory Committee on Immunization Practices (ACIP), two Trump-appointed FDA leaders penned an opinion piece in the New England Journal of Medicine to announce new, more restrictive, COVID-19 vaccine recommendations. Critics say that not seeking broad input into the new policy, which would help FDA to understand its implications, feasibility, and the potential for unintended consequences, amounts to policy by proclamation.
Twenty-One Things That Are True in Los Angeles
To understand the dangers inherent in deploying the California National Guard – over the strenuous objections of the California governor – and active-duty Marines to deal with anti-ICE protesters, we should remind ourselves of a few elementary truths, writes Benjamin Wittes. Among these truths: “Not all lawful exercises of authority are wise, prudent, or smart”; “Not all crimes require a federal response”; “Avoiding tragic and unnecessary confrontations is generally desirable”; and “It is thus unwise, imprudent, and stupid to take actions for performative reasons that one might reasonably anticipate would increase the risks of such confrontations.”
How DHS Laid the Groundwork for More Intelligence Abuse
I&A, the lead intelligence unit of the Department of Homeland Security (DHS) —long plagued by politicized targeting, permissive rules, and a toxic culture —has undergone a transformation over the last two years. Spencer Reynolds writes that this effort falls short. “Ultimately, Congress must rein in I&A,” he adds.
“Tulsi Gabbard as US Intelligence Chief Would Undermine Efforts Against the Spread of Chemical and Biological Weapons”: Expert
The Senate, along party lines, last week confirmed Tulsi Gabbard as Director of National intelligence. One expert on biological and chemical weapons says that Gabbard’s “longstanding history of parroting Russian propaganda talking points, unfounded claims about Syria’s use of chemical weapons, and conspiracy theories all in efforts to undermine the quality of the community she now leads” make her confirmation a “national security malpractice.”