Creation of Executive Departments: Highlights from the Legislative History of Modern Precedents (CRS Report for Congress)
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| Release Date |
Revised Sept. 8, 2003 |
| Report Number |
RL31497 |
| Report Type |
Report |
| Authors |
Thomas P. Carr, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
On November 25, 2002, President George W. Bush signed legislation to establish a Department
of
Homeland Security ( P.L. 107-296 , 106 Stat. 2135). In the period from World War II until the
establishment of this latest department, Congress also created or implemented major reorganizations
of seven other Cabinet departments. This report provides a brief legislative history of the
establishment of the Department of Homeland Security (DHS) and for the purpose of comparison,
describes the principal elements of the legislative process that established the Departments of
Defense; Health, Education, and Welfare (now, in part, Health and Human Services); Housing and
Urban Development; Transportation; Energy; Education; and Veterans Affairs.
The legislative process surrounding the consideration of legislation to establish the Department
of Homeland Security varied in some ways from the procedures that were generally associated with
the creation of the other modern Cabinet departments. Responding to the need to strengthen
homeland defense in the wake of the September 11 terrorist attacks, Congress passed legislation
creating the department less than six months after receiving the President's formal legislative
proposal.
Congressional consideration of legislation establishing earlier Cabinet departments generally
exhibited certain common procedural elements:
A formal presidential endorsement generally preceded congressional action.
The predominant committees considering the legislation were the Government
Operations (now Government Reform) Committee in the House and the Governmental Affairs
Committee in the Senate, or their predecessors.
With few exceptions, departmental creation proposals were considered under
an open rule in the House; they were most often brought up for Senate consideration by unanimous
consent.
Votes on passage were generally by comfortable
majorities.
All bills but one went to conference to resolve House-Senate differences;
except in two instances, conferees were drawn exclusively from the reporting committees,.
Additional information on the history of creating Cabinet departments appears in CRS Report RL31472(pdf) , Departmental Organization, 1947-2003. CRS Report RL30673(pdf) , The
President's Cabinet:
Evolution, Alternatives, and Proposals for Change, analyzes the role of the Cabinet.
