Homeland Security: Department Organization and Management -- Implementation Phase (CRS Report for Congress)
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| Release Date |
Revised Jan. 3, 2005 |
| Report Number |
RL31751 |
| Report Type |
Report |
| Authors |
Harold C. Relyea, Government and Finance Division |
| Source Agency |
Congressional Research Service |
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Summary:
After substantial congressional entreatment, President George W. Bush gave impetus to the
creation
of a Department of Homeland Security when, on June 6, 2002, he proposed the establishment of such
an entity by the 107th Congress. The President transmitted his department proposal to the House
of
Representatives on June 18, where it was subsequently introduced by request ( H.R. 5005 ). The House approved the bill in amended form on July 26. The Senate did not begin
consideration of the legislation until after an August recess. Senate deliberations on the matter were
slower due to partisan and parliamentary factors, as well as a few highly contentious issues, such as
civil service protections and collective bargaining rights of the employees of the new department.
When both houses of Congress reconvened after the November elections, a new, compromise
department bill was introduced in the House ( H.R. 5710 ), which considered and adopted
the measure on November 13. Six days later, the Senate approved the original House bill (H.R.
5005), as modified with the language of the compromise legislation (H.R. 5710),
which had been offered as an amendment. The House cleared the Senate-passed measure for the
President's signature ( P.L. 107-296 ; 116 Stat. 2135). Ultimately, President Bush largely obtained
what he wanted in the legislation mandating the department.
Overseeing the implementation of the legislation mandating the new Department of Homeland
Security, and possibly refining it and making some technical modifications, was within the purview
of the 108th Congress. Some legislators, for example, wanted to eliminate provisions protecting
manufacturers from liability lawsuits, broaden the criteria for the creation of university-based centers
for homeland security, and make the department subject to the Federal Advisory Committee Act
( H.R. 484 , H.R. 1416 , S. 6 , S. 28 , S. 41 , S. 45 , S. 134 , S. 910 ). The department's charter also
contained some contradictory provisions, such as those concerning the appointment of an officer for
civil rights and civil liberties. Other implementation issues included Senate confirmation of
presidential nominees for department leadership positions, creation of initial budgets for the new
department, and assessing the various reports to Congress required of the new department. A few
modifications were realized in provisions of the Intelligence Reform and Terrorism Prevention Act,
which was enacted into law in December 2004. This report has been updated as events
recommended during the 108th Congress. CRS Report RL31148 , Homeland Security: The
Presidential Coordination Office , assesses the operations and status of the Office of Homeland
Security; CRS Report RL31493 , Homeland Security: Department Organization and
Management
-- Legislative Phase , assesses the development and enactment of the Homeland Security Act
of 2002.
