Filling Presidentially Appointed, Senate-Confirmed Positions in the Department of Homeland Security

Publication Date: January 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

During consideration of the legislation creating the new Department of Homeland Security (DHS), many observers stressed the need to mobilize a new department quickly to respond to threats to homeland security. Yet new government agencies often encounter substantial difficulties that lead to start-up delays. In one study of reorganized agencies, the General Accounting Office identified delays in obtaining key officials as one common start-up problem. Nearly all the top policymaking positions in the new homeland security department are to be filled through appointments by the President, with the advice and consent of the Senate. In general, delays in filling such positions have not been uncommon, particularly at the outset of a new Administration. Although appointment delays may raise problems for any agency, delays for new agencies can cause major difficulties; leadership is critical during the transition, when many decisions regarding policies, procedures, and organizational issues must be made.

The Homeland Security Act of 2002 (P.L. 107-296) created DHS, which came into existence on January 24, 2003. The act creates or transfers to the new department some 26 full-time, civilian, presidentially appointed positions subject to Senate confirmation. As of January 15, 2004, the President had submitted 14 nominations to these positions, and the Senate had confirmed 13 of these. In addition, the President had used authority provided in the act to appoint six individuals to DHS positions on a temporary basis. Five of these had been nominated and confirmed to the positions after their temporary appointments. The nomination of the remaining individual was pending in the Senate as of that date, and he was given a recess appointment on December 26, 2003. The President had also used authority provided in the act to appoint, without Senate confirmation, one individual who had previously been confirmed for a similar position in another agency. The previously appointed Commandant of the Coast Guard, Commissioner of Customs, and Administrator of the United States Fire Administration continued to serve after their organizations were transferred to the new department. The first Deputy Secretary had left the position, and a replacement had been confirmed. The appointment status of the head of the Transportation Security Administration could not be determined. A DHS confirmation information table and organizational chart are provided.

Studies indicate that the appointment process is, on average, taking longer, and that the selection and vetting process often takes much longer than the confirmation process. Given the stated urgency of the new department's business, Congress could choose to facilitate the appointment process for DHS positions. Options for enabling rapid appointment would include making statutory changes to streamline the vetting process and simplifying the Senate confirmation process, particularly at the committee level. Some possible changes, however, could prove controversial.

Related information may be found in CRS Report RL31751, Homeland Security: Department Organization and Management -- Implementation Phase, by Harold C. Relyea. The appointment information in this report will be updated as events warrant.