Order Code RL31492
Report for Congress
Received through the CRS Web
Homeland Security: Management Positions
for the Proposed Department
Updated September 3, 2002
Henry B. Hogue
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

Homeland Security: Management Positions
for the Proposed Department
Summary
Congress is currently considering proposals, H.R. 5005 and S. 2452, to create
an executive department that will address the national need for homeland security.
The proposals would transfer organizational units, functions, and personnel from
several departments and agencies.
A hierarchy of positions would be established to manage the department and its
activities. Some would be newly created, and some would be drawn from those
transferring agencies. This report analyzes the proposals in light of the provisions
for appointment of that managerial hierarchy. It identifies the positions to be created
and the apparent effect on current positions in the transferring agencies.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Departmental Framework for Political Appointments . . . . . . . . . . . . . . . . . . 2
Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Management Provisions for the Proposed Department . . . . . . . . . . . . . . . . . . . . . 4
Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Deputy Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Under Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Assistant Secretaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Other Proposed Presidentially Appointed Positions Requiring
Senate Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Inspector General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
General Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chief Financial Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Civil Rights Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Other Proposed Departmental Positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chief Information Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chief Human Capital Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Privacy Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Counternarcotics Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Special Assistant to the Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Chief Homeland Security Liaison Officer . . . . . . . . . . . . . . . . . . . . . . 10
Director, Office of International Affairs . . . . . . . . . . . . . . . . . . . . . . . 10
Director, National Clearinghouse on Emergency Preparedness . . . . . 10
Agencies Proposed to Be Transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Animal and Plant Health Inspection Service, Department of Agriculture . . 10
Federal Emergency Management Agency . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Federal Protective Service, General Services Administration . . . . . . . . . . . 12
Immigration and Naturalization Service, Department of Justice . . . . . . . . . 12
Transportation Security Administration, Department of Transportation . . . 14
United States Coast Guard, Department of Transportation . . . . . . . . . . . . . 15
United States Customs Service, Department of the Treasury . . . . . . . . . . . 15
United States Secret Service, Department of the Treasury . . . . . . . . . . . . . 16
Other Units and Functions to Be Transferred . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
New Units Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Bioterrorism Preparedness and Response Division, CDC (HHS) . . . . . . . . 18
Border Coordination Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Federal Interagency Committee on First Responders . . . . . . . . . . . . . . . . . 19
Homeland Security Institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Homeland Security Science and Technology Advisory Committee . . . . . . 19
Homeland Security Science and Technology Coordination Council . . . . . . 19
Intelligence Analysis Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Joint Interagency Homeland Security Task Force . . . . . . . . . . . . . . . . . . . . 20

National Bio-Weapons Defense Analysis Center, DOD . . . . . . . . . . . . . . . 20
National Clearinghouse on Emergency Preparedness . . . . . . . . . . . . . . . . . 20
National Combating Terrorism and Homeland Security
Response Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
National Combating Terrorism Strategy Panel . . . . . . . . . . . . . . . . . . . . . . 20
National Council of First Responders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
National Homeland Security Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
National Office for Combating Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Office for Civil Rights and Civil Liberties . . . . . . . . . . . . . . . . . . . . . . . . . 21
Office for State and Local Government Coordination . . . . . . . . . . . . . . . . . 22
Office of International Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
New Units and Offices in the Department of Justice . . . . . . . . . . . . . . . . . . 22
Assistant Attorney General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Agency for Immigration Hearings and Appeals . . . . . . . . . . . . . . . . . . 22
Board of Immigration Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Bureau of Citizenship and Immigration Services . . . . . . . . . . . . . . . . 23
Citizenship and Immigration Services Ombudsman . . . . . . . . . . . . . . 23
Office of Immigration Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Cross-Agency Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Limits of Secretary’s Reorganization Authority . . . . . . . . . . . . . . . . . . . . . . . . . 23
Transition of Officials Previously Confirmed
. . . . . . . . . . . . . . . . . . . . . . . . . . 24
Discussion and Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Homeland Security: Management Positions
for the Proposed Department
Introduction
The principal House and Senate proposals under consideration by Congress for
organizing to prevent and respond to domestic terrorism call for the creation of a new
department in the federal executive branch.1 H.R. 5005,2 passed by the House of
Representatives, would create a Department of Homeland Security. S. 24523 would
create a Department of National Homeland Security. Each proposal calls for a new
structure, rather than the reorganizing of an existing administrative entity, and each
includes statutory provisions for staffing the top echelons of management within the
new organization.
The Constitution and existing statutes provide a discernable framework for
departmental appointments and pay levels, which is described below. Following a
discussion of this framework, this report identifies the provisions of the House and
Senate proposals that would create positions in the new department, and it provides
an analysis of the provisions within this context. It also discusses the current
appointment requirements for the administrative management of the eight largest
units slated for transfer and how those positions would be treated under these
1For overview of the departmental proposals, see “Department of Homeland Security,” by
Harold C. Relyea, in the CRS Electronic Briefing Book on Terrorism, available at
[http://www.congress.gov/brbk/html/ebter220.html]; and CRS Issue Brief IB93026,
Executive Branch Reorganization and Management Initiatives, by Harold C. Relyea. See
also CRS Report RL31513, Homeland Security: Side-by-Side Comparison of H.R. 5005 and
S. 2452, 107th Congress
, by the CRS Homeland Security Team.
2H.R. 5005, “To establish the Department of Homeland Security, and for other purposes,”
was introduced June 24, 2002, by request, by Rep. Richard K. Armey with 114 cosponsors.
It was passed by the House on July 26, 2002. All discussions of the House proposal refer
to H.R. 5005, as passed.
3S. 2452, “A bill to establish the Department of National Homeland Security and the
National Office for Combating Terrorism,” was introduced May 2, 2002, by Sen. Joseph I.
Lieberman with 5 cosponsors. It was referred to Senate Governmental Affairs Committee
and reported (S.Rept. 107-175) on June 24, 2002. (A similar bill, H.R. 4660, was introduced
May 2, 2002, by Rep. William (Mac) Thornberry with 40 cosponsors. It was referred to
House Committee on Government Reform.) The Senate Governmental Affairs Committee
again considered the bill on July 24 and 25, and adopted substitute language at that time.
All discussions of the Senate proposal refer to this substitute. See: “TEXT OF
AMENDMENTS — SA4467,” Congressional Record, daily edition, vol. 148, 107th Cong.,
2nd sess., Aug. 1, 2002 (Washinton: GPO, 2002), pp. S7967-S8003.

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proposals. The report identifies the appointment status for other units proposed for
transfer, as well as those proposed to be created.
Each of the proposals deviates in some ways from the existing appointments
framework. These differences and problems that may result are identified throughout
the report. At the end, options for congressional consideration are explored.
In this report, all discussions of provisions in the proposals are based on H.R.
5005 as passed by the House on July 26 and sent to the Senate and on the substitute
language to S. 2452 adopted by the Senate Committee on Governmental Affairs on
July 25, 2002.
The Departmental Framework for
Political Appointments
The President and the Senate share the power to appoint the principal officers
of the United States, an arrangement established by the Constitution:
... he shall nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be
established by Law ... (Article II, sec. 2, cl. 2)
The provision also empowers Congress to allow for the appointment of “inferior
Officers” by the President alone, the courts, or department heads. The distinction
between principal and lower offices has been statutorily defined with the creation of
each new office, and Congress has the ability to further refine this definition when
shaping legislation.
The principal officers in a department are established in the organic legislation
or reorganization plan.4 Currently more than 1200 presidentially appointed civilian
executive or legislative branch positions require Senate confirmation (PAS
positions).5 More than 330 of these are in the 14 existing executive departments.
Within the departments, the first four levels — secretary, deputy secretary, under
secretary, and assistant secretary — are nearly always PAS positions. Some staff
officers, including the chief financial officer and the general counsel, are also
routinely subject to confirmation. The persons filling those positions are generally
4For information on the appointment status of PAS positions within the executive
departments currently, see CRS Report RL31346, Presidential Appointments to Full-Time
Positions in Executive Departments During the 107th Congress, 2001-2002
, by Henry B.
Hogue.
5U.S. Congress, Senate, Committee on Governmental Affairs, Policy and Supporting
Positions
, 106th Cong., 2nd sess., Committee Print, S. Prt. 106-54, Nov. 8, 2000 (Washington:
GPO, 2000). Hereafter referred to as Plum Book 2000.

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considered to be the top policy decision makers in the federal government, having the
responsibility to implement statutes.
Some executive branch positions are staffed through presidential appointments
not requiring confirmation (PA positions). Those positions are rare in operational
agencies; they are generally found in the White House Office and filled by persons
who directly staff and advise the President. There are rare instances in which a
position is placed at an executive level but is exempted by statute from a
confirmation requirement.
In addition to PAS and PA positions, two types of non-presidential
appointments are used to staff most other policy-making positions in the departments.
The ranks of program managers are most commonly filled by career and noncareer
members of the Senior Executive Service (SES). The number of noncareer SES is
statutorily limited to 10% throughout the government and 25% of total SES within
any given department or agency.6
Schedule C positions are used to fill lower-level positions that are excepted
from the competitive service because of their confidential or policy-determining
character. Most Schedule C positions are paid at rates on the General Schedule7 but
are excepted from civil service requirements. For example, the personal secretary or
executive assistant to a departmental secretary would serve in a Schedule C position.
The Office of Personnel Management is responsible for approving these positions.
Compensation
Senior-level appointees are generally compensated according to the Executive
Schedule, which has five pay levels. The correspondence between rank and level is
fairly consistent across the existing departments. Level I is often referred to as
Cabinet rank, and is generally accorded to departmental secretaries. Level II, usually
that of deputy secretaries, is the rate corresponding to the salary for Members of
Congress and for U.S. District Judges. Pay rates range from $121,600 to $166,700.8
Almost without exception, statutory positions on the Executive Schedule are
positions requiring confirmation.
The current compensation package for the recently created position of Under
Secretary of Transportation Security, head of the Transportation Security
Administration (TSA), is a noteworthy exception to these compensation
arrangements. This under secretary, a PAS position with a five-year term, is
compensated at Executive Level II. In addition, in a departure from usual practice,
the position carries with it statutory provision for an annual bonus not to exceed 30%
65 U.S.C. 3134.
7The General Schedule is the pay and classification system for the majority of the rank and
file white collar staff of the federal government. Pay rates are found through the Office of
Personnel Management Website at [http://www.opm.gov/oca/payrates/index.htm].
8Executive Schedule positions are listed at 5 U.S.C. 5312-5316.

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of the annual rate of pay.9 If that bonus were applied, the aggregate pay for the under
secretary would be $195,000 in 2002.10
Management Provisions for the
Proposed Department
Secretary
Each proposal would establish the position of Secretary as the head of the new
department. The Secretary would be a PAS position, compensated at Level I of the
Executive Schedule.11
H.R. 5005 provides that the Secretary would have direction, authority, and
control over the department. All functions of all officers, employees, and
organizational units of the department would be vested in the Secretary. Specific
functional authorities are detailed, including delegation of authority, promulgation
of regulations, and entering into agreements.
S. 2452 would not explicitly vest all functions of subordinate units and
employees in the Secretary. However, the section that establishes the position
identifies a number of specific duties for the position, and additional responsibilities
and authorities are noted throughout the bill. Vesting all functions in the Secretary
may give him or her a greater capacity for effectively delegating responsibility and
managing the department.
Deputy Secretary
Each proposal would establish the position of deputy secretary as a PAS
position, compensated at Level II of the Executive Schedule.12 Both proposals would
name the deputy secretary as the first in line of succession to act on behalf of the
Secretary.
Under H.R. 5005, no specific duties, responsibilities, or authorities are ascribed
to the deputy secretary. S. 2452 would assign the responsibilities, in addition to
acting on the Secretary’s behalf, of assisting the Secretary in departmental
administration and operations and performing such duties as the Secretary might
prescribe.
9P.L. 107-71, Sec. 101(c)(1) and (2); Nov. 19, 2001; 115 Stat. 602.
10The salary for the Vice President, the Speaker of the House of Representatives, and the
Chief Justice of the United States is $192,600, effective January 2002.
11H.R. 5005, Sec. 102(a) and Sec. 902; S. 2452, Sec. 102(a) and Sec. 114.
12H..R. 5005, Sec. 103(a)(1) and Sec. 902; S. 2452, Sec. 103(a) and Sec. 114.

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Under Secretaries
H.R. 5005 would establish five under secretary positions, and S. 2452 would
create seven. The proposals have three under secretaries with identical names: for
Science and Technology; for Emergency Preparedness and Response; and for
Management.13 In addition, H.R. 5005 would create an Under Secretary for
Information Analysis and Infrastructure Protection and an Under Secretary for Border
and Transportation Security.14 S. 2452, on the other hand, would establish four
additional under secretaries: for Border and Transportation; for Intelligence; for
Critical Infrastructure Protection; and for Immigration Affairs.15 All the under
secretary positions would be PAS positions compensated at Level III of the Executive
Schedule.16 Under the Senate plan, the Under Secretary for Emergency Preparedness
and Response could simultaneously serve as Director of the Federal Emergency
Management Agency if nominated and confirmed to both positions.17 S. 2452 also
specifies that the Under Secretary for Management would report to the Secretary.
S. 2452 also provides for the compensation, at Level III of the Executive
Schedule, of an Under Secretary of Immigration Affairs in the Department of
Justice.18 Whereas an earlier portion of the section would create an Under Secretary
for Immigration Affairs in the Department of Homeland Security, the establishment
of, and appointment authority for, such a position in the Department of Justice is
unclear. At present, there are no other under secretaries in the Justice Department;
titles there are usually based around the term “attorney general” rather than
“secretary.”
Assistant Secretaries
H.R. 5005 proposes two separate categories of assistant secretaries. The bill
would create up to four PAS positions with no specified functions and up to eight PA
positions to “assist the Secretary in the performance of the Secretary’s functions.”19
In addition, Sec. 412(a)(2) would establish an Assistant Secretary of the Bureau of
Border Security, who would report to the Under Secretary of Border and
Transportation Security. It is unclear whether or not this position is to be counted as
one of the assistant secretaries in the two categories above. Likewise, the
13For establishment of these positions in the House bill, see H.R. 5005, Secs. 103(a)(3), (5),
and (6). Titles III, V, and VI of the bill set out the authorities and responsibilities for these
positions. For establishment and responsibilities of these positions in the Senate proposal,
see S. 2452, Secs. 135(c)(2), 134(a)(2) and (b), and 104.
14H.R. 5005, Sec. 103(a)(2) and (4). Titles II and IV of the bill set out the authorities and
responsibilities of these positions.
15S. 2452, Secs. 131(a)(2) and (b), 132(a)(2) and (b), 133(a)(2) and (b), and 1103.
16Compensation provisions are found at H.R. 5005, and Sec. 902 and S. 2452, Secs. 114 and
140.
17S. 2452, Sec. 134(d).
18S. 2452, Sec. 1103.
19H.R. 5005, Secs. 103(a)(7) and (d)(2).

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appointment authority is not specified. All assistant secretaries would be
compensated at Level IV of the Executive Schedule.20
S. 2452 would establish up to five assistant secretaries as PAS positions. The
general responsibilities of each would be described by the President when submitting
the nomination. Functions would then assigned by the Secretary as appropriate.21
These positions would be compensated at Level IV of the Executive Schedule.22 In
addition, the proposal would create an Assistant Secretary for Immigration Affairs
within the Bureau of Immigration Services and an Assistant Secretary for
Enforcement and Border Affairs within the bureau of the same name.23 These
positions are not included in the five assistant secretary positions discussed above.
Unlike those PAS positions, they would be appointed by the Secretary, in
consultation with the Under Secretary of Immigration Affairs, and would report to
the under secretary. Like the other five, these two positions would be compensated
at Level IV of the Executive Schedule.
As noted, H.R. 5005 would create eight presidentially appointed assistant
secretary positions not subject to Senate confirmation; this would be a marked
departure from past practices in the other departments. PA positions24 are almost all
in the White House Office. It is rare for positions in the executive departments to be
designated as PA positions; nearly all principal officers in these organizations are
statutorily designated as PAS positions. At the current time, as far as it can be
determined, there is only one PA position in the executive departments.25 PA
positions are generally made for personnel who will be working in close proximity
to the President and are privy to the confidential policy discussions conducted by
leaders of agencies in the Executive Office of the President. Appointees to PA
positions do not come under the same scrutiny as nominees to PAS positions. By and
large, presidential appointees to PA positions act as advisers, while those nominated
to PAS positions are primarily policy decision makers who administer programs.
The latter group are responsible for implementing statutes.
20H.R. 5005, Sec. 902(4)
21S. 2452, Sec. 105.
22S. 2452, Sec. 114.
23S. 2452, Secs. 1104(a) and 1105(a).
24As of September 2001, the Office of Personnel Management reported 86 full-time and 111
part-time presidential appointees not requiring Senate confirmation,
[http://opm.gov/feddata], with link to “Data from the CPDF.” Visited July 2, 2002.
2542 U.S.C. 284(a) provides that “The Director of the National Cancer Institute shall be
appointed by the President.” The other health institute directors are appointed by the
Secretary of Health and Human Services. All the directors report to the Secretary.
It should be noted here that the Plum Book for 2000 erroneously lists four other
departmental positions as being presidential appointments not requiring confirmation. The
Assistant Secretary of Defense for Force Management Policy, the Deputy Secretary of
Education, the Deputy Secretary of Labor, and the Department of Transportation
Administrator, Research and Special Programs Administration, all are statutory positions
requiring Senate confirmation.

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The designation of some assistant secretary positions, but not others, as PAS
positions might also challenge the present constitutional framework for political
appointments. As noted above, the Constitution provides that “Officers of the United
States” require confirmation, whereas “inferior Officers” may be appointed by the
President, and others, without Senate approval. In both proposals, some assistant
secretaries would be placed in the former category, and others in the latter category.
The proposals implicitly alter the distinction between principal and lower offices,
dividing one title into two categories.
This creation of assistant secretary positions of different stature also might cause
confusion or disharmony in the new agency. The likely effect of the provisions in
H.R. 5005 would be to create, in a department, a mix of officers sharing the same
title and pay rate, but having significantly different appointment standing. The bill
is silent on the details of the 12 positions, the authorities they would exercise, or the
responsibilities they would bear, making the reason for the distinction among them
less clear. One could speculate that the assistant secretaries subject to confirmation
would be line officers responsible, at the direction of the Secretary, for managing
designated programs and that the other assistant secretaries might serve the Secretary
as advisers or on special projects. If so, Schedule C positions might be used in lieu
of the PA positions. As discussed above, the status of the proposed Assistant
Secretary of the Bureau of Border Security is unclear.
S. 2452 would create up to five assistant secretaries appointed by the President
and two other assistant secretaries appointed by the Secretary. In contrast to the
House bill, the two assistant secretaries in the Senate proposal who are given an
inferior status are given distinct functions. Nonetheless, because all assistant
secretaries would have the same title and pay level, this arrangement also might cause
confusion or discord.
Other Proposed Presidentially Appointed Positions
Requiring Senate Confirmation

The positions identified in this section would be established as PAS positions
by one or both proposals.
Inspector General. Both proposals provide for the creation of an inspector
general (IG) position, appointed as provided in Sec. 3(a) of the Inspector General Act
of 1978.26 The referenced section of the Inspector General Act provides for the
appointment by and with the advice and consent of the Senate. Both would place the
IG at Level IV of the Executive Schedule,27 on a par with other departmental IGs.28
Both proposals include provisions that would give the Secretary greater authority,
direction, and control over the IG under certain circumstances than is provided for
26H.R. 5005, Sec. 103(b) and S. 2452, Sec. 106. In the House bill, authority and control of
the Office of Inspector General are set out in Sec. 701.
27H.R. 5005, Sec. 902 and S. 2452, Sec. 114.
285 U.S.C. 5315.

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in the IG statute. These provisions also include steps to be taken to notify Congress
under such circumstances.
General Counsel. Both bills would provide for a general counsel as chief
legal officer of the department, to be appointed by the President and paid at Level IV
of the Executive Schedule.29 Unlike the House bill provisions, under the Senate bill
the general counsel would require Senate confirmation. The Senate bill also provides
additional detail regarding the general counsel’s responsibilities.
Each of the 14 existing departments has a statutory departmental legal counsel,
usually referred to as a general counsel. Those positions are paid at Level IV of the
Executive Schedule30 and all require confirmation as part of the appointment process.
Chief Financial Officer. Under the provisions of the Chief Financial
Officers Act of 1990,31 there are established, in each of the executive departments,
chief financial officers (CFOs). Both proposals would establish the position of chief
financial officer as a PAS position in the new department.32 The CFO would be
compensated at Level IV, as are the current departmental CFOs. Current law
provides that the CFO reports directly to the head of the agency, in this case the
Secretary. Notwithstanding this provision of law, Sec. 602 of the House bill provides
that the CFO would report to the Secretary, or to “another official of the Department,
as the Secretary may direct.”33
Civil Rights Officer. A Civil Rights Officer would be created, as a PAS
position, by the Senate proposal.34 Compensation for this position is not provided.
The House bill would create an Office of Civil Rights and Civil Liberties, led by a
director.35 The bill is silent on the appointment process and compensation for this
position.
Other Proposed Departmental Positions
Each of the following departmental positions would be created by one or both
proposals, with either appointment by the Secretary or no specified appointment
process.
Chief Information Officer. Chapter 35 of Title 44 of the U.S. Code sets out
the requirements for the coordination of federal information policy. Under 44 U.S.C.
3506, each agency head is directed to designate a chief information officer. The
29H.R. 5005, Secs. 103(d)(1) and 902; S. 2452, Secs. 109 and 114.
305 U.S.C. 5315.
31P.L. 101-576, Nov. 15, 1990, Sec. 205.
32H.R. 5005, Sec. 103(a)(8) and S. 2452, Sec. 107(a).
33H.R. 5005, Sec. 602.
34S. 2452, Sec. 110(b).
35H.R. 5005, Sec. 604.

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CIOs are to be paid at Level IV of the Executive Schedule and to report directly to
the agency head (secretary).36 S. 2452 would establish a CIO position that conforms
with this statute.37 H.R. 5005 would create the CIO as a PA position, to be
compensated at Level IV of the Executive Schedule.38 The CIO would be required
to report to the Secretary or to “another official of the Department as the Secretary
may direct.”39
The provisions creating this new office in each bill are each unusual among
provisions that establish high-level positions generally. As noted above in the
discussion of assistant secretary positions, the creation of a PA position in a
department, as provided in the House bill, is very unusual. This is as true for CIOs
as other officers. In addition, changing the status of appointment for one CIO could
affect the CIO Council.40 The CIO position proposed in S. 2452, like current
departmental CIO positions, is unusual in that it is excepted by statute from the
competitive service, is not a presidentially appointed position, but is on the Executive
Schedule.
Chief Human Capital Officer. S. 2452 would create a Chief Human Capital
Officer for the new department.41 The Secretary would appoint or designate a such
an officer. Compensation is not specified. The Senate proposal would also create
similar positions in other federal departments and agencies. (See “Cross-Agency
Positions,” below.)
Privacy Officer. Both proposals would create a Privacy Officer, to be
appointed by the Secretary.42 Neither provides for compensation for this position.
Counternarcotics Officer. H.R. 5005 would create the position of
Counternarcotics Officer, to be appointed by the Secretary.43 Compensation is not
specified in this provision.
Special Assistant to the Secretary. The House bill would establish a
Special Assistant to the Secretary who would function as a liaison to the private
sector.44 This position would be appointed by the Secretary. The compensation is
not specified.
36P.L. 104-106; Feb. 10, 1996; 110 Stat. 684-686.
37S. 2452, Secs. 108, 114.
38H.R. 5005, Secs. 103(d)(4) and 902.
39H.R. 5005, Sec. 603.
40The Chief Information Officer Council was established under Executive Order 13011,
“Federal Information Technology,” July 16, 1996. S. 803, as passed the Senate June 27,
2002, would establish a statutory authority for the Chief Information Officer Council.
41S. 2452, Sec. 112.
42H.R. 5005, Sec. 205; S. 2452, Sec. 111(b).
43H.R. 5005, Sec.769.
44H.R. 5005, Sec. 102(f).

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Chief Homeland Security Liaison Officer. S. 2452 would establish a
Chief Homeland Security Liaison Officer in conjunction with an Office for State and
Local Government Coordination within the Office of the Secretary.45 The officer
would be appointed by the Secretary. Compensation is not specified in the provision.
This officer would coordinate the activities of homeland security liaison officers in
each state, to be designated by the Secretary. H.R. 5005 would also establish the
office, but has no provision for additional positions.46
Director, Office of International Affairs. Both proposals would establish
an Office of International Affairs in the Office of the Secretary.47 The office would
be headed by a director appointed by the Secretary. The provisions do not specify
compensation.
Director, National Clearinghouse on Emergency Preparedness. The
Senate proposal would establish a National Clearinghouse on Emergency
Preparedness within the department.48 The clearinghouse would be headed by a
director. The provision does not specify the type of appointment or level of
compensation for this position.
Agencies Proposed to Be Transferred
Under the provisions of the House and Senate proposals, several entities,
including authorities, functions, personnel, assets, and, as determined to be necessary,
obligations or liabilities are proposed to be transferred into the new department. The
legislative proposals are mixed in terms of how they address the status of the current
heads of those units.
Animal and Plant Health Inspection Service,
Department of Agriculture

The Senate proposal would transfer some functions of the Animal and Plant
Health Inspection Service (APHIS) from the Department of Agriculture to the new
department. The portion of the agency that administers law relating to agricultural
quarantine inspections at points of entry would be affected.49 Organizationally, the
functions would be performed under the direction of the Under Secretary for Border
and Transportation Protection.
Under the House bill, functions related to the agricultural import and entry
inspection that are currently performed by the Department of Agriculture would be
45S. 2452, Sec. 137.
46H.R. 5005, Sec. 777.
47H.R. 5005, Sec. 770 and S. 2452, Sec. 113.
48S. 2452, Sec. 152.
49S. 2452, Sec. 131(c)(3).

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transferred to the new department.50 As with the Senate bill, the functions would be
performed under the direction of the Under Secretary for Border and Transportation
Security.51
There is no further staffing provision in either bill related directly to those
functions. Currently, the APHIS administrator is a career incumbent in the Senior
Executive Service.52
Federal Emergency Management Agency
S. 2452 proposes to transfer the Federal Emergency Management Agency
(FEMA) into the new department, stating that the 10 regional offices would be
“maintained and strengthened.”53 FEMA would be a “distinct entity” within the new
department, and the lines of authority between that entity and departmental leaders
are not clear. Although the Under Secretary of Emergency Preparedness and
Response would be responsible for “[c]arrying out all emergency preparedness and
response activities carried out by the Federal Emergency Management Agency
before” the transfer of the agency,54 it does not appear that the under secretary would
be given authority over the agency itself. It also does not appear that the Secretary
would be given this authority.
The Director of FEMA is currently a PAS position compensated at Level II of
the Executive Schedule. Several other officials within FEMA are PAS positions.55
There appears to be no provision in the bill that would vitiate this arrangement or that
would specifically incorporate it. As noted above, Sec. 134(d) would allow one
individual to serve as both Under Secretary of Emergency Preparedness and
Response and Director of FEMA, if nominated and confirmed to each office. The
section further provides that such an individual would not be authorized to “receive
pay at a rate of pay in excess of the rate of pay payable for the position to which the
higher rate of pay applies,” but does not appear to more specifically set the rate of
compensation.
H.R. 5005 would transfer the “authorities, functions, personnel, and assets” of
FEMA, including the functions of the director, to the new department.56 The bill
50H.R. 5005, Sec. 404.
51H.R. 5005, Sec. 401(6).
52For further information on APHIS and the proposed transfer, see CRS Report RL31466,
Homeland Security Department: U.S. Department of Agriculture Issues, by Jean M.
Rawson.
53S. 2452, Sec. 134(c)(1).
54S. 2452, Sec. 134(b)(1).
55For further information on FEMA’s current administrative structure, see: CRS Report
RL31285, FEMA’s Mission: Policy Directives for the Federal Emergency Management
Agency
, by Keith Alan Bea.
56H.R. 5005, Secs. 502 and 506.

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makes no further mention of the director, the subordinate FEMA PAS positions, or
comparable positions.
Both bills would create an unusual hierarchical arrangement of positions with
regard to FEMA. Because they let stand current appointment and pay provisions for
the officials of FEMA, the director is at the same compensation level as the proposed
deputy secretary of the department and above the level of the under secretaries. The
existing compensation levels for other FEMA PAS positions and the parallel
departmental positions might be similarly problematic. The lines of authority
between the director and the leadership of the department are also not explicitly
established. This is particularly true for the Senate bill, where the term “distinct
entity” is not defined.
Federal Protective Service,
General Services Administration

Both the House and Senate proposals would transfer the Federal Protective
Service (FPS) of the General Services Administration (GSA) to the new department.
The functions transferred would include those of the GSA administrator that relate
to FPS.57 The FPS is part of the Public Buildings Service. The head of the FPS is
not a political appointee. Absent language in the proposal, it is assumed that the
status would not change.
Immigration and Naturalization Service,
Department of Justice58

Both proposals would abolish the Immigration and Naturalization Service (INS)
and transfer its functions to new entities in the proposed department and the
Department of Justice. The Senate proposal stipulates that this transition would take
effect one year after the provisions creating the other directorates go into effect.59
Currently, the INS commissioner is a PAS position at Level IV of the Executive
Schedule.60 The remaining upper management of the INS comprises a number of
appointed officials in the SES, some career and some noncareer. In a significant shift
of responsibilities and functions from the Justice Department, the Senate proposal
would transfer all of the Immigration and Naturalization Service (INS) functions to
57H.R. 5005, Sec. 402(4) and S. 2452, Sec. 133(c)(8).
58Further information about proposed transfers of INS functions is available under “New
Units and Offices in the Department of Justice” in the “New Units Proposed” section below.
59S. 2452, Secs. 1131 and 1321.
60For further discussion of the proposed transfer, see CRS Report RL31388, Immigration
and Naturalization Service: Restructuring Proposals in the 107th Congress
, by Lisa
Seghetti; and CRS Issue Brief IB10103, Immigration Legislation and Issues in the 107th
Congress
, coordinated by Andorra Bruno.

CRS-13
the new department, creating the Directorate of Immigration Affairs.61 The functions
currently carried out by the Commissioner of INS would be transferred to the Under
Secretary of Immigration Affairs. The new directorate would comprise two bureaus,
the Bureau of Immigration Services and the Bureau of Enforcement and Border
Affairs. A number of new appointed positions, in addition to the under secretary,
would be created in this new directorate:
! Assistant Secretary for Immigration Affairs (appointed by the Secretary,
compensated at Level IV);
! Assistant Secretary for Enforcement and Border Affairs (appointed by the
Secretary, compensated at Level IV);
! Chief Financial Officer (SES position, career-reserved, compensated at Level
V), Deputy Chief Financial Officer (SES position, career-reserved), General
Counsel (appointed by the Secretary, Level V), Chief of Policy (SES position),
Chief of Congressional, Intergovernmental, and Public Affairs (SES position)
for the directorate;
! Chief budget officers for each of the proposed bureaus (appointment authority
and compensation not specified);
! Director of the Office of Immigration Statistics (appointed by the Secretary,
compensation not specified);
! Ombudsman (appointed by the Secretary, compensation provided for).62
The directorate created by these provisions might have greater autonomy than
the other directorates, by virtue of the positions it creates and the authorities it
confers. The lines of authority and communication linking the officers of this
proposed directorate and the principal officers of the department are not clear. The
general counsel of the directorate does not appear to be under the authority of the
departmental general counsel, for example. Nor does the CFO of the directorate
appear to be under the direction of the departmental CFO.
In contrast, H.R. 5005 would transfer only the enforcement functions of the INS
to the new department, creating a new Bureau of Border Security under the direction
of the Under Secretary for Border and Transportation Security. Several appointed
positions would be created by this provision: an assistant secretary; a Chief of Policy
and Strategy; and a Citizenship and Immigration Services Liaison.63 The
appointment authority is not specified for any of these positions, and compensation
is not specified for the latter two. The remaining functions of INS would be
transferred to a new Bureau of Citizenship and Immigration Services at the
61S. 2452, Sec. 1102.
62The Ombudsman would be compensated at the same rate as the highest rate of basic pay
under the SES or at a rate set by the Secretary in accordance with 5 U.S. C. 9503.
63H.R. 5005, Secs. 412(a)(2), 412(b), and 412(c).

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Department of Justice.64 The new positions that would be created in the bureau are
identified below in the section “New Units and Offices in the Department of Justice.”
The Senate proposal would create the Agency for Immigration Hearings and
Appeals in the Department of Justice.65 Within this agency would be created a
director (PAS position, compensation not specified); a deputy director (appointed by
the director, compensation not specified); a general counsel (appointed by the
director, compensation not specified); a pro bono coordinator (appointed by the
director, compensation not specified);66 a Chief Immigration Judge (appointed by the
director, compensation not specified);67 and a Chief Administrative Hearing Officer
(also appointed by the director, compensation not specified).68
Transportation Security Administration,
Department of Transportation

Both proposals would transfer the Transportation Security Administration
(TSA) from the Department of Transportation (DOT) to the new department. H.R.
5005 provides that TSA would remain a “distinct entity within the Department under
the Under Secretary for Border and Transportation Security” for the first two years
after enactment.69 All TSA functions, as well as the functions of the Secretary of
Transportation and the Under Secretary of Transportation for Security that relate to
TSA, would transfer.70 There appears to be no language in either proposal
specifically addressing the status of current senior positions related to the transferred
TSA functions.71
The transfer of TSA into the new department as provided for by legislation
might create some confusion and discord. Although the House bill maintains TSA
as a “distinct entity” in the new department for two years, this term is not defined.
In addition, both proposals might create an unusual hierarchy in the new department.
The Under Secretary of Transportation for Security is a PAS position with a five-year
term. The position is compensated at Level II of the Executive Schedule, the same
level as the deputy secretary of the new department and a level above the under
secretary at the head of the directorate within which TSA will reside. The TSA head
also carries the same level title as would the head of the proposed directorate. In
addition, in a departure from usual practice, the TSA under secretary position carries
64H.R. 5005, Sec. 411.
65S. 2452, Sec. 1301.
66S. 2452, Sec. 1302.
67S. 2452, Sec. 1304.
68S. 2452, Sec. 1305.
69H.R. 5005, Sec. 407.
70H.R. 5005, Sec. 402(3) and S. 2452, Sec. 131(c)(4).
71For further discussion of the proposed transfer, see CRS Report RS21244, Homeland
Security: Should the Transportation Security Administration Be Included?
, by Robert S.
Kirk.

CRS-15
with it statutory provision for an annual bonus not to exceed 30% of the annual rate
of pay.72 If that bonus were applied, the aggregate pay for the under secretary would
be $195,000 in 2002.73
United States Coast Guard,
Department of Transportation

Both proposals would move the United States Coast Guard into the department
as a “distinct entity.”74 The House bill also lists the Coast Guard as an entity whose
functions, personnel, assets, and liabilities would be transferred to the department.
H.R. 5005 would provide that to “assist the Secretary in the performance of his
functions, there is a Commandant of the Coast Guard, who shall be appointed as
provided in Sec. 44 of title 14, United States Code.”75 That section establishes the
commandant as a PAS position with a four-year term (reappointment is allowed) who
will have the grade of admiral while serving. S. 2452 does not provide explicitly for
the appointment of the commandant, presumably leaving 14 U.S.C 44 as the default
process. Both proposals stipulate that the commandant would report directly to the
Secretary.76
Although both proposals stipulate that the Coast Guard will remain a “distinct
entity” within the department, neither proposal defines what this means. The status
of the Coast Guard with regard to the department is, therefore, unclear. It does not
appear that the Coast Guard is part of any directorate, since the commandant would
report directly to the Secretary. This might create coordination challenges between
the Coast Guard and the Directorate of Border and Transportation Security.
United States Customs Service,
Department of the Treasury

The Senate proposal would transfer the U.S. Customs Service from the Treasury
Department to the department and maintain it as a distinct entity within the
department. Some functions would be retained by the Treasury Department.77 The
status of the current position of Commissioner of Customs, which is a PAS position
compensated at Level III of the Executive Schedule, is not specified.
72P.L. 107-71, Sec. 101(c)(1) and (2); Nov. 19, 2001; 115 Stat. 602. Currently, TSA is
headed by an acting under secretary, James Loy.
73The salary for the Vice President, the Speaker of the House of Representatives, and the
Chief Justice of the United States is $192,600, effective January 2002.
74S. 2452, Sec. 131(c)(2) and H.R. 5005 402(2).
75H.R. 5005, Sec. 103(c).
76For further discussion of the proposed transfer, see CRS Report RS21125, Homeland
Security: Coast Guard Operations—Background and Issues for Congress
, by Ronald
O’Rourke.
77S. 2452, Sec. 131(c)(1) and 131(d).

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The Senate proposal does not define what is meant by “distinct entity,” so it is
unclear what relationship the service would have to the rest of the department.
Although “authorities, functions, personnel, and assets” would be transferred to the
new department, it is unclear whether or not the Secretary or any under secretary
would have general authority over the service.
H.R. 5005 would transfer many U.S. Customs Service functions from the
Treasury Department to the new department. The bill would continue the
Commissioner of the U.S. Customs Service as a PAS position compensated at Level
III of the Executive Schedule. The current commissioner would be permitted to
continue in office in the new department until a new commissioner is selected.78
United States Secret Service,
Department of the Treasury

Both proposals would transfer the United States Secret Service from the
Treasury Department to the new department as a “distinct entity.” H.R. 5005 states
that the “functions, personnel, assets, and obligations ... including the functions of
the Secretary of the Treasury relating thereto” would be transferred. S. 2452 directs
the transfer of the “authorities, personnel, functions, and assets” of the Secret Service
to the new department.79
As presently organized, the Secret Service is in the Department of the Treasury
within the scope of the Under Secretary for Enforcement. The Director of the Secret
Service is appointed by the Secretary of the Treasury. The six most recent directors
have been career members of the Senior Executive Service chosen from on-board
staff.80 H.R. 5005 would establish the position of Director of the Secret Service as
a PA position.81 There is no further discussion about the proposed status of the
director. No salary level or pay system is identified as being applicable. If the
position remains, as proposed, a presidential appointment, it is likely that a
designation related to compensation would be made. S. 2452 appears to make no
provision for appointment of the director.
The proposals’ use of the term “distinct entity” and the provisions regarding the
appointment of the director might create difficulties in the new department. Both
bills would establish the Secret Service as a “distinct entity” within the new
department. Neither bill includes any further detail defining “distinct entity,”
however, or the relationship between the Secret Service and its leadership and the
department and its leadership. This may lead to some confusion about the lines of
authority. Whereas the House bill establishes the director as a PA position, the
Senate proposal appears to be silent on the matter. As noted in other sections above,
PA positions are very unusual in departments and are more commonly seen in
78H.R. 5005, Secs. 402(1) and 451(b).
79H.R. 5005, Sec. 711 and S. 2452, Sec. 138.
80Information received from U.S. Secret Service, Office of Government Liaison and Public
Affairs, via telephone conversation, July 3, 2002.
81H.R. 5005, Sec. 103(d)(3).

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advisory roles in the White House. The designation of the director as a PA position
might lead to further confusion about the lines of authority within the new
department.
Other Units and Functions to Be Transferred
Several other units and functions are proposed to be transferred.82 Those are
listed below along with the bill number. Unless otherwise noted, the person now
serving as the head or lead staffer of the operation is a career employee.
Computer Security Division of the National Institute of Standards and
Technology (Commerce) — S. 2452, Sec. 133(c)(4)
Critical Infrastructure Assurance Office (Commerce) — H.R. 5005, Sec. 202(3)
and S. 2452, Sec. 133(c)(1). Position filled by a Senior Executive Service limited
term appointment.83
Chemical Biological Defense Program (Defense) (portions) — H.R. 5005, Sec.
302(2).
Domestic Emergency Support Teams (Justice) — H.R. 5005, Sec. 402(7).
Energy Security and Assurance Program (Energy) — H.R. 5005, Sec. 202(4) S.
2452, Sec. 133(c)(7).
Environmental Measurements Laboratory (Energy) — H.R. 5005, Sec.
302(1)(E).
Federal Computer Incident Response Center (GSA) — H.R. 5005, Sec. 202(5)
and S. 2452, Sec. 133(c)(6).
Federal Law Enforcement Training Center (Treasury) — S. 2452, Sec.
131(c)(5). Transferred to the Attorney General — H.R. 5005, Sec. 774.
Lawrence Livermore National Laboratory Advanced Scientific Computing
Research Program (Energy) — H.R. 5005, Sec. 302(1)(F).
National Bio-Weapons Defense Analysis Center (Defense) — S. 2452, created
in the Department of Defense by Sec. 161 and moved to the new department by Sec.
135(i)(2)(B).
National Communications System (Defense) — H.R. 5005, Sec. 202(2) and S.
2452, Sec. 133(c)(3).
82Several additional programs and activities are proposed for transfer but not identified in
the bills as being associated with named units or programs.
83Plum Book, 2000, p. 33.

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National Domestic Preparedness Office (Federal Bureau of Investigation (FBI),
Justice) — H.R. 5005, Sec. 402(6) and S. 2452, Sec. 134(c)(2).
National Infrastructure Protection Center (other than the Computer
Investigations and Operations Section) (FBI, Justice) — H.R. 5005, Sec. 202(4) and
S. 2452 Sec. 133(c)(2).
National Infrastructure Simulation and Analysis Center (Energy) — H.R. 5005,
Sec. 202(4) and S. 2452, Sec. 133(c)(5).
Office for Domestic Preparedness (Justice) — H.R. 5005, Sec. 402(5) and S.
2452, Sec. 134(c)(3).
Office of the Assistant Secretary for Public Health Emergency Preparedness
(Health and Human Resources (HHS)) (portions) — H.R. 5005, Sec. 502(2)
(including the Office of Emergency Preparedness, the National Disaster Medical
System, and the Metropolitan Medical Response System) and S. 2452, Sec.134(c)(4)
(including the Noble Training Center, the Metropolitan Medical Response System,
National Disaster Medical System (HHS component), the Disaster Medical
Assistance Teams, the Veterinary Medical Assistance Teams, the Disaster Mortuary
Operational Response teams, the special events response, and the citizen
preparedness programs). The staffing for this recently reconfigured organization
within HHS is not represented in source materials.
Plum Island Animal Disease Center (Agriculture) — H.R. 5005, Sec. 308.
Select Agent Registration and Enforcement Program (Health and Human
Services and Agriculture) — S. 2452, Sec. 134(c)(6).
Strategic National Stockpile (HHS) — H.R. 5005, Sec. 502(3) and S. 2452, Sec.
134(c)(5).
New Units Proposed
Under both proposals, new organizational entities would be established. For
some, the administrative structure is addressed in the proposals. The following
paragraphs identify those units and any positions that are created.
Bioterrorism Preparedness and
Response Division, CDC (HHS)

A Bioterrorism Preparedness and Response Division would be established, by
S. 2452, Sec. 166, within the Office of the Director of the Centers for Disease
Control and Prevention (CDC) at the Department of Health and Human Services
(HHS). This new unit would be headed by a director, to be appointed by the Director
of CDC, in consultation with the Secretaries of Health and Human Services and
Homeland Security.

CRS-19
Border Coordination Working Group
S. 2452, Sec. 139, would direct the Secretary to establish a border security
working group composed of the Secretary, the Under Secretary for Border and
Transportation Protection, the Under Secretary of Immigration Affairs, and
representatives of other agencies as determined by the Secretary. The provision
creates no additional positions.
Federal Interagency Committee on First Responders
The Federal Interagency Committee on First Responders, which would be
created by S. 2452, Sec. 137(d), would comprise the proposed Chief Homeland
Security Liaison Officer of the department, nine specified representatives of other
related departments and agencies, and additional representatives as determined by the
President. The committee would have administrative support from the agency and
a chair selected by the members. The proposal would also establish, under Sec.
137(e), an advisory council for the committee with up to 13 members selected by the
committee to represent both urban and rural law enforcement, fire and rescue
organizations, and medical and emergency relief services. (See “National Council
of First Responders,” below, for a related House provision.)
Homeland Security Institute
A Homeland Security Institute would be created by H.R. 5005, Sec. 310, to be
“administered as a separate entity by the Secretary.” The provision creates no
additional positions.
Homeland Security Science and Technology
Advisory Committee

H.R. 5005, Sec. 309 would create a Homeland Security Science and Technology
Advisory Committee. The proposed committee would include 20 members with
three-year terms appointed by the Under Secretary for Science and Technology.
Compensation for the members and staffing for the committee are not specified.
Homeland Security Science and Technology
Coordination Council

A Homeland Security Science and Technology Coordination Council would be
created by H.R. 5005, Sec. 306. The council membership would consist of all the
department’s under secretaries and any other departmental officials designated by the
Secretary. No additional staffing is specified in the provision.
Intelligence Analysis Center
H.R. 5005, Sec. 211 would establish an Intelligence Analysis Center headed by
the Under Secretary for Information Analysis and Infrastructure Protection. The bill
directs that the

CRS-20
Secretary and the Director of Central Intelligence, the Secretary of Defense, the
Attorney General, the Secretary of State, or the head of another agency or
department as the case may be, shall enter into cooperative arrangements to
provide for an appropriate number of individuals to be detailed to the Under
Secretary to perform analytical functions and duties with respect to the mission
of the Department from the following agencies: (A) The Central Intelligence
Agency. (B) The Federal Bureau of Investigation. (C) The National Security
Agency. (D) The National Imagery and Mapping Agency. (E) The Department
of State. (F) The Defense Intelligence Agency. (G) Any other agency or
department that the President determines appropriate.
Joint Interagency Homeland Security Task Force
H.R. 5005, Sec. 779, would allow the Secretary to establish and operate a Joint
Interagency Homeland Security Task Force, composed of unspecified representatives
from military and civilian agencies. No additional positions would be created by this
provision.
National Bio-Weapons Defense Analysis Center, DOD
S. 2452 would establish a National Bio-Weapons Defense Analysis Center in
the Department of Defense (Sec. 161). No new positions would be created by this
provision.
National Clearinghouse on Emergency Preparedness
A National Clearinghouse on Emergency Preparedness would be established
under S. 2452, Sec. 152. The proposal states that the “Clearinghouse will be headed
by a Director.” No further statement is made with regard to type of appointment or
compensation level.
National Combating Terrorism and
Homeland Security Response Council

A National Combating Terrorism and Homeland Security Response Council
would be established under the provisions of S. 2452, Sec. 301(e)(1). Members
would be the heads of federal terrorism prevention and response agencies or their
designees as determined by the Secretary and director (of the National Office for
Combating Terrorism). The Secretary and director would co-chair the council, which
would meet at their direction.
National Combating Terrorism Strategy Panel
A National Combating Terrorism Strategy Panel would be established under the
provisions of S. 2452, Sec. 303. Members would be appointed by the Secretary and
the director (of the National Office for Combating Terrorism), “in consultation with
the chairman and ranking member of the Committee on Governmental Affairs of the
Senate and the chairman and ranking member of the Committee on Government
Reform of the House of Representatives, from among individuals in the private
sector who are recognized experts in matters relating to combating terrorism and the

CRS-21
homeland security of the United States.” The chair and eight members of the panel
would serve for 18-month terms and would be “compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for level IV of the
Executive Schedule ... for each day (including travel time) during which such
member is engaged in the performance of the duties of the Panel.” The chair of the
panel would have the authority to appoint staff and to request detailees from federal
agencies and departments.
National Council of First Responders
A National Council of First Responders would be established within the
proposed department by Sec. 104 of the House bill. The council would comprise at
least 100 members “from among the ranks of police, firefighters, emergency medical
technicians, rescue workers, and hospital personnel ....” Members would serve terms
of three years on a staggered basis. A chair would be appointed by the President.
The Secretary would detail a departmental employee to carry out related
administrative functions. (See “Federal Interagency Committee on First
Responders,” above, for a related Senate provision.)
National Homeland Security Council
H.R. 5005, Sec. 1001, would establish a National Homeland Security Council
in the Executive Office of the President. The council would comprise the President,
Vice President, select cabinet members, and other individuals as the President directs.
Sec. 1006 would provide a staff for the council, headed by an executive secretary.
The executive secretary would be a PA position to be compensated at a rate not to
exceed the rate for the executive secretary of the National Security Council.
National Office for Combating Terrorism
A National Office for Combating Terrorism would be established within the
Executive Office of the President under S. 2452, Sec. 201. The head of the office
would be a new position called “Director of the National Office for Combating
Terrorism.” The director would be a PAS position compensated at Level I of the
Executive Schedule. The President would “assign to the office such other officers
as the President, in consultation with the Director, considers appropriate to discharge
the responsibilities of the Office.”
Office for Civil Rights and Civil Liberties
An Office for Civil Rights and Civil Liberties would be established in the
department by H.R. 5005, Sec. 604. The provision would create a director for the
office, but is silent on the appointment process and compensation for the position.
(S. 2452, Sec. 110(b), would create the PAS position of Civil Rights Officer, as noted
above under “Other Proposed PAS Positions.”)

CRS-22
Office for State and Local Government Coordination
Both proposals would create an Office for State and Local Government
Coordination within the Office of the Secretary. H.R. 5005, Sec. 777 would establish
the office, but has no provision for additional positions. S. 2452, Sec. 137, would
establish the office and a Chief Homeland Security Liaison Officer, appointed by the
Secretary. This officer would coordinate the activities of homeland security liaison
officers in each state, to be designated by the Secretary.
Office of International Affairs
Both H.R. 5005, Sec. 770, and S. 2452, Sec. 113, would establish an Office of
International Affairs in the Office of the Secretary. The office would be headed by
a director appointed by the Secretary. The provisions do not specify compensation.
New Units and Offices in the Department of Justice
This section identifies new immigration-related units and offices that have been
proposed for the Department of Justice. Other proposed transfers of INS functions
may be found under “Immigration and Naturalization Service, Department of
Justice,” in the “Agencies Proposed to Be Transferred” section, above.
Assistant Attorney General. H.R. 5005, Sec. 421, would establish an
Assistant Attorney General in the Department of Justice, who would be the head of
the newly created Bureau of Citizenship and Immigration Services.84 The
appointment authority and compensation level for this position are not specified.
Generally, assistant attorneys general in the Department of Justice are PAS positions
compensated at Level IV of the Executive Schedule.
Agency for Immigration Hearings and Appeals. An Agency for
Immigration Hearings and Appeals would be established within the Department of
Justice by S. 2452, Sec. 1301. Sec. 1302 would create an agency director as a PAS
position with unspecified compensation. It would also empower the director to
appoint a deputy director, general counsel, and pro bono coordinator and other
officers as necessary. Sec. 1304 would create a Chief Immigration Judge, without
specification of appointment process or compensation. This section would also
empower the agency director to appoint immigration judges in consultation with the
Chief Immigration Judge. Sec. 1305 would create a Chief Administrative Hearing
Officer. Appointment process and compensation for this position are not specified.
Board of Immigration Appeals. S. 2452, Sec. 1303, would establish a
Board of Immigration Appeals comprising a chair and not less than 14 other
immigration appeals judges appointed by the Director of the Agency for Immigration
Hearings and Appeals.
84This new bureau is discussed later in this report under “New Units in the Department of
Justice.”

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Bureau of Citizenship and Immigration Services. H.R. 5005, Sec. 421,
would establish a Bureau of Citizenship and Immigration Services within the
Department of Justice. The bureau would be headed by a newly created assistant
attorney general. The appointment authority and compensation level for this position
are not specified. Generally, assistant attorneys general in the Department of Justice
are PAS positions compensated at Level IV of the Executive Schedule. The
provision also would create, within the bureau, the positions of General Counsel,
Chief Budget Officer, Chief of Policy and Strategy, Chief of Congressional,
Intergovernmental, and Public Affairs, Border Security Liaison, and Chief of the
Office of Citizenship. The appointment process and compensation for these
positions are not specified.
Citizenship and Immigration Services Ombudsman. A position of
Citizenship and Immigration Services Ombudsman in the Department of Justice
would be established by H.R. 5005, Sec. 422. The position would report to the
Deputy Attorney General. The appointment process and compensation are not
specified.
Office of Immigration Statistics. H.R. 5005, Sec. 425 would establish an
Office of Immigration Statistics in the Bureau of Justice Statistics at the Department
of Justice. Under this provision, the office would be headed by a director, who
would be appointed by the Attorney General and report to the Director of the Bureau
of Justice Statistics. Compensation for the director is not specified in the provision.
Cross-Agency Provisions
The Senate proposal (Sec. 2102) would establish chief human capital officers,
to be appointed by the head of each agency, in every agency in which there is a chief
financial officer. The proposal does not provide for the compensation of these
officers. Sec. 2103 would establish a Chief Human Capital Officers Council
comprising the Director of the Office of Personnel Management (OPM), the Director
of the Office of Management and Budget (OMB), the chief human capital officers of
the executive departments, and other individuals as designated by the OPM Director.
Limits of Secretary’s Reorganization Authority
Both proposals would provide for limited internal reorganizations by the
Secretary. The House bill would allow the Secretary to “allocate or reallocate
functions among the officers of the Department, [and to] establish, consolidate, alter
or discontinue organizational units within the Department” either as part of a
presidential reorganization or with notification of appropriate congressional
committees.85 This authority could not be used to abolish any entity or function
“established or required to be maintained by” the Act or other statute. The Senate
proposal would also give the Secretary reorganization authority, providing that it
85H.R. 5005, Sec. 764(a).

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would not apply to “any office, bureau, unit, or other entity established by law and
transferred to the Department; ... any function vested by law in [such entity]; or ... the
alteration of the assignment or delegation of functions assigned by this Act to any
officer of organizational entity of the Department.”86 These provisions might limit
the Secretary’s managerial flexibility,87 particularly with regard to units that would
be transferred into the department as “distinct entities.” It is unclear whether or not
these provisions would limit the Secretary’s authority with regard to the appointment
status of incoming managers who had been previously appointed.
Transition of Officials Previously Confirmed
Sec. 811(d)(2) of H.R. 5005 would provide that reconfirmation by the Senate
would not be required by the Act for “any officer whose agency is transferred to the
Department pursuant to this Act and whose duties following such transfer are
germane to those performed before such transfer.” This language is in the context
of providing the authority for acting officials, and it is unclear whether or not it
would apply to permanent appointments. It does, therefore, raise the question of the
status of present office holders, such as the Director of FEMA. All functions of that
agency would be transferred to the department,88 but the status of the director is left
unclear.
In contrast, the Senate proposal contains a similar provision, but the language
is not in the context of providing authority for acting officials.89 It indicates that
reconfirmation is not required by the Act if an agency is transferred to the
department, the officer is currently in a PAS position, and the new position will be
in a similar office and with equivalent authority and responsibilities to the previous
position. This proposal also provides that FEMA, among other entities, will remain
a “distinct entit[y]” within the new department.90 It appears that the FEMA director
and other FEMA officials would continue to serve in their present capacities in the
new department.
Under both proposals, the President would be authorized, during the transition
period, to designate an officer already serving in a PAS position to serve, in an acting
86S. 2452, Sec. 191(a).
87For a discussion of managerial flexibility in the context of the President’s management
agenda, see CRS Report 31409, The President’s Management Agenda, by Ronald C. Moe
and Henry B. Hogue.
88H.R. 5005, Sec. 502.
89S. 2452, Sec. 183(d).
90The Senate proposal transfers the following as distinct entities: Federal Emergancy
Management Agency, U.S. Customs Service, U.S. Coast Guard, U.S. Secret Service. Under
the House proposal, the U.S. Secret Service, the Transportation Security Administration, and
the U.S. Coast Guard would be maintained as distinct entities.

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capacity, in a position within the department.91 The House bill provides that the
acting official could continue to serve until an appointee to the position is confirmed.
The Senate proposal would impose limits on the service of the acting official in a
PAS position according to provisions of 5 U.S.C. 3346.
Discussion and Options
Both the House and Senate proposals would establish a number of principal
officers and other positions for the new department. Congress might consider other
options that might serve to strengthen the proposals administratively and address
some of the uncertainties identified earlier in this report.
Option:
Vest all functions of subordinate units and employees in the Secretary.
Option:
Assure that each position created or transferred has a clearly identified
appointment authority, compensation provision, and organizational
context. Congress may wish to more clearly state its intentions in this area.
Option: Clarify the establishment and appointment of any Under Secretary of
Immigration Affairs in the Department of Justice.
Option:
Establish any new assistant attorney general positions as PAS positions at
Level IV of the Executive Schedule in conformity with other assistant
attorneys general.
Option:
Require confirmation for all assistant secretary positions with general areas
of responsibility to be identified by the President at the time of each
nomination. The Secretary would retain the flexibility within those areas.
Compensate all assistant secretaries at Level IV of the Executive Schedule.
Option:
Consider whether as many as 12 assistant secretaries are needed. Congress
may explore the responsibilities and rationale for these positions. It could
create any number of assistant secretary positions, subject to confirmation
and paid at Executive Schedule rates. It could allow the Secretary to name
deputy assistant secretaries to be among the noncareer SES personnel in
the department. This might be a means to avoid the inconsistencies of
appointment status, to avoid having presidential appointees in the
executive departments, and to work within the existing appointments
framework.
Option: Establish the department general counsel as a PAS position.
Option:
Establish the CIO position in conformity with 44 U.S.C. 3506 to maintain
uniformity among these position across the departments and within the
CIO Council.
91H.R. 5005, Sec. 811(d) and S. 2452, Sec. 183(c).

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Option:
Clarify the relationship between departmental officers and directorate
officials with similar responsibilities. For example, under the Senate
proposal, would the CFO and general counsel of the Directorate of
Immigration Affairs be under the authority of their counterparts at the
departmental level?
Option:
Clarify the status of transferred agency incumbents. Questions arise, such
as: Would the position of Under Secretary for Transportation Security
transfer? If so, would that position transfer as an under secretary? If so,
would it bring with it the statutory bonus provision now applicable to it?
Should there be a similar statutory bonus provision applicable to other
under secretary positions? Would lead FEMA officials (statutory
positions) continue to exist as such, or should the statute effect a change
of status?92
Option:
If the intention is to leave much of the appointment and compensation
status vague, it might be useful to offer relevant discussion in report
language. When a statute is silent, the report language becomes important
as successor secretaries strive to follow congressional intent while
implementing the statute and as successor Congresses conduct oversight.
Conclusion
The proposals are complex and far-reaching. The intent, certainly, is to effect
a strong agenda and organizational mechanism for homeland security. However,
attention to the details of administrative structure, such as appointment status and
process and compensation designation for top managers, serves to allow departmental
management to focus on the mission of the department.
92For further discussion of possible implications, see CRS Report 98-892, The New
Vacancies Act: Congress Acts to Protect the Senate’s Confirmation Prerogative
, by
Morton Rosenberg.