{
  "id": "RL31548",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31548",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101351,
      "date": "2002-08-30",
      "retrieved": "2016-05-24T20:05:16.418941",
      "title": "Homeland Security Department Proposals: Scope of Personnel Flexibilities",
      "summary": "The proposal of President Bush to create a Department of Homeland Security by transferring\nseveral\nexisting agencies has generated controversy, among other things, about the nature of the human\nresources management system for the Department. The debate centers on the degree of flexibility\nthat should be granted to the new system to be able to respond to terrorist threats to the homeland. \n   H.R. 5005 , the Department of Homeland Security Act, as passed by the House on\nJuly 26, 2002, creates the Department as an executive agency within the meaning of title 5 of the\nUnited States Code, which codifies laws relating to government organization and employees. A\nprovision of  H.R. 5005 , section 761, authorizes the Secretary of Homeland Security,\nnotwithstanding any other provision of title 5, in regulations prescribed jointly with the Director of\nthe Office of Personnel Management, to establish, and from time to time adjust, a human resources\nmanagement system for some or all of the organizational units of the Department of Homeland\nSecurity. The bill enumerates several chapters of title 5 that may not be waived, but those relating\nto such matters as Performance Appraisal, Classification, Pay Rates and Systems,\nLabor-Management and Employee Relations, Adverse Actions, and Appeals are eligible for waiver\nor adjustment. Authority to establish and adjust a system is scheduled to expire five years after\nenactment.\n  A substitute amendment to  H.R. 5005 , the National Homeland Security and\nCombating Terrorism Act of 2002, was filed in the Senate on August 1, 2002, after the Committee\non Governmental Affairs agreed to language offered by Chairman Joseph Lieberman. The\nLieberman substitute provides that the transfer of an employee to the Department of Homeland\nSecurity shall not alter the terms and conditions of employment, including compensation, of any\nemployee so transferred.\n  While the Lieberman substitute amendment does not authorize the Secretary to adjust civil\nservice laws only for the Department of Homeland Security, it contains some provisions that amend\ncivil service laws for the entire government in relation to such matters as evaluating and appointing\napplicants for federal employment and compensating some employees.\n  The Advisor to the President on Homeland Security has stated that he would advise the\nPresident to veto the Lieberman substitute amendment in its current form if it should be presented\nto the President for signature because, among other reasons, it does not provide sufficient personnel\nflexibility with respect to appointing, evaluating, transferring, compensating, and terminating\nemployees that the President believes the Secretary of Homeland Security needs to protect the\nhomeland.\n  This report discusses human resources management issues addressed in  H.R. 5005 \nas passed by the House and the Lieberman substitute amendment to  H.R. 5005 , with\nemphasis on the provisions of current law that may be subject to adjustment by the Secretary of\nHomeland Security.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Foreign Affairs",
    "Intelligence and National Security"
  ]
}