1. PPA 503 – The Public Policy Making Process Lecture 7b – Policy Legitimation and Homeland Security.

2. Chronology September 11, 2001 – focusing event. September 11, 2001 – focusing event. Initial legitimation decisions. Initial legitimation decisions. Executive Order 13228 – Office of Homeland Security. Executive Order 13228 – Office of Homeland Security. U.S.A. Patriot Act – October 26, 2002. U.S.A. Patriot Act – October 26, 2002. Aviation and Transportation Security Act – November 19, 2002. Aviation and Transportation Security Act – November 19, 2002. Initial reluctance of Bush Administration to consider Cabinet-level agency. Initial reluctance of Bush Administration to consider Cabinet-level agency.

3. Chronology Main impetus came from Congress. Main impetus came from Congress. Lieberman (CT) – S. 1534, Department of National Homeland Security. Lieberman (CT) – S. 1534, Department of National Homeland Security. Lieberman (CT), Specter (PA), Graham (FL), Harman (CA), Tauscher (CA), and Gibbons (NV) – S. 2452, May 2, 2002., Department of National Homeland Security. Lieberman (CT), Specter (PA), Graham (FL), Harman (CA), Tauscher (CA), and Gibbons (NV) – S. 2452, May 2, 2002., Department of National Homeland Security. Homeland Security Budget 2003 - $37.7 billion. Homeland Security Budget 2003 - $37.7 billion.

4. Chronology Bush – The Department of Homeland Security, June 6, 2002. Bush – The Department of Homeland Security, June 6, 2002. Included 22 agencies. – Give list. Included 22 agencies. – Give list. Excluded intelligence functions (FBI, CIA) and military functions (Defense). Excluded intelligence functions (FBI, CIA) and military functions (Defense). Generated considerably controversy. Generated considerably controversy. Former FEMA Director James Lee Witt expressed concern over the subordination of FEMA’s comprehensive emergency management functions. Former FEMA Director James Lee Witt expressed concern over the subordination of FEMA’s comprehensive emergency management functions. The Brookings Institution Project on Homeland Security expressed significant concerns over the size, complexity, and sheer manageability of the Department. The Brookings Institution Project on Homeland Security expressed significant concerns over the size, complexity, and sheer manageability of the Department.

5. Chronology The most unexpected barrier to majority coalition building was not the complexity or mission incompatibilities, but the personnel flexibilities granted in the Act. The most unexpected barrier to majority coalition building was not the complexity or mission incompatibilities, but the personnel flexibilities granted in the Act. Section 9701 of Title V allows the Secretary of Homeland Security in conjunction with the Director of OPM to establish and adjust a human resource management system for the Department that is “contemporary and flexible”. Section 9701 of Title V allows the Secretary of Homeland Security in conjunction with the Director of OPM to establish and adjust a human resource management system for the Department that is “contemporary and flexible”. Specifically, the Act allows the waiver of several civil service provisions. Specifically, the Act allows the waiver of several civil service provisions.

6. Chronology These provisions include: These provisions include: Employee performance. Employee performance. Pay and allowances. Pay and allowances. Labor-management and employee relations, adverse actions, and appeals. Labor-management and employee relations, adverse actions, and appeals. These provisions generate considerably controversy among the 18 labor unions representing 25 percent of the new agency personnel. These provisions generate considerably controversy among the 18 labor unions representing 25 percent of the new agency personnel. Many continuing employees were concerned that the Department would invoke the national security provisions of the Civil Service Reform Act of 1978 to decertify existing unions because the new agency would be involved in national security. Many continuing employees were concerned that the Department would invoke the national security provisions of the Civil Service Reform Act of 1978 to decertify existing unions because the new agency would be involved in national security.

7. Chronology The controversy accelerated the in-fighting over the passage of the Act. The controversy accelerated the in-fighting over the passage of the Act. The House quickly passed H.R. 5005, the President’s version. The House quickly passed H.R. 5005, the President’s version. The Senate focused on S. 2452, Senator Lieberman’s version that did not contain the personnel flexibilities and explicitly prohibited the President from invoking the Civil Service Reform Act. The Senate focused on S. 2452, Senator Lieberman’s version that did not contain the personnel flexibilities and explicitly prohibited the President from invoking the Civil Service Reform Act. The legislation remained stalemated throughout the fall of 2002. The legislation remained stalemated throughout the fall of 2002.

8. Chronology Much of the midterm election campaign focused on the failure to pass the Department of Homeland Security. Much of the midterm election campaign focused on the failure to pass the Department of Homeland Security. The 2002 election returned control of the Senate to the Republicans and broke the logjam. The 2002 election returned control of the Senate to the Republicans and broke the logjam.

9. Chronology On November 12, 2002, Majority Leader Richard Armey (TX) introduced HR 5710 that combined the Homeland Security Act with the Safe Explosives Act, Arming Pilots Against Terrorism Act, Chief Human Capital Officers Act of 2002, Federal Information Security Management Act of 2002, Homeland Security Information Sharing Act, SAFETY Act (Support Anti-terrorism by Fostering Effective Technologies) of 2002, Cyber Security Enhancement Act of 2002, and Critical Infrastructure Information Act of 2002. On November 12, 2002, Majority Leader Richard Armey (TX) introduced HR 5710 that combined the Homeland Security Act with the Safe Explosives Act, Arming Pilots Against Terrorism Act, Chief Human Capital Officers Act of 2002, Federal Information Security Management Act of 2002, Homeland Security Information Sharing Act, SAFETY Act (Support Anti-terrorism by Fostering Effective Technologies) of 2002, Cyber Security Enhancement Act of 2002, and Critical Infrastructure Information Act of 2002.

10. Chronology The House passed the new combined version on November 13, 2002. The House passed the new combined version on November 13, 2002. On November 19, 2002, the Senate agreed to pass the House bill rather than the Lieberman version. On November 19, 2002, the Senate agreed to pass the House bill rather than the Lieberman version. The final version was passed by both Houses on November 22 and signed by President Bush on November 25, 2002. The final version was passed by both Houses on November 22 and signed by President Bush on November 25, 2002.