S.Amdt. 4595

SA 4595. Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Levin, and Mr.
Obama) submitted an amendment intended to be proposed by him to the
bill H.R. 5441, making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2007, and for other
purposes; which was ordered to lie on the table; as follows:

On page 127, between lines 2 and 3, insert the following:

SEC. ___. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR
MANAGEMENT.

(a) Establishment and Succession.--Section 103 of the
Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Deputy
Secretary'' and inserting ``Deputy Secretaries'';
(B) by striking paragraph (7);
(C) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(D) by striking paragraph (1) and inserting the following:
``(1) A Deputy Secretary of Homeland Security.
``(2) A Deputy Secretary of Homeland Security for
Management.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Vacancy in office of secretary.--
``(A) Deputy secretary.--In case of a vacancy in the office
of the Secretary, or of the absence or disability of the
Secretary, the Deputy Secretary of Homeland Security may
exercise all the duties of that office, and for the purpose
of section 3345 of title 5, United States Code, the Deputy
Secretary of Homeland Security is the first assistant to the
Secretary.
``(B) Deputy secretary for management.--When by reason of
absence, disability, or vacancy in office, neither the
Secretary nor the Deputy Secretary of Homeland Security is
available to exercise the duties of the office of the
Secretary, the Deputy Secretary of Homeland Security for
Management shall act as Secretary.
``(2) Vacancy in office of deputy secretary.--In the case
of a vacancy in the office of the Deputy Secretary of
Homeland Security, or of the absence or disability of the
Deputy Secretary of Homeland Security, the Deputy Secretary
of Homeland Security for Management may exercise all the
duties of that office.
``(3) Further order of succession.--The Secretary may
designate such other officers of the Department in further
order of succession to act as Secretary.''.
(b) Responsibilities.--Section 701 of the Homeland Security
Act of 2002 (6 U.S.C. 341) is amended--
(1) in the section heading, by striking ``UNDER SECRETARY''
and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';
(2) in subsection (a)--
(A) by inserting ``The Deputy Secretary of Homeland
Security for Management shall serve as the Chief Management
Officer and principal advisor to the Secretary on matters
related to the management of the Department, including
management integration and transformation in support of
homeland security operations and programs.'' before ``The
Secretary'';
(B) by striking ``Under Secretary for Management'' and
inserting ``Deputy Secretary of Homeland Security for
Management'';
(C) by striking paragraph (7) and inserting the following:
``(7) Strategic planning and annual performance planning
and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(D) by striking paragraph (9), and inserting the following:
``(9) The integration and transformation process, to ensure
an efficient and orderly consolidation of functions and
personnel to the Department, including the development of a
management integration strategy for the Department.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Under Secretary for
Management'' and inserting ``Deputy Secretary of Homeland
Security for Management''; and
(B) in paragraph (2), by striking ``Under Secretary for
Management'' and inserting ``Deputy Secretary of Homeland
Security for Management''.
(c) Appointment, Evaluation, and Reappointment.--Section
701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as
amended by this Act, is further amended by adding at the end
the following:
``(c) Appointment, Evaluation, and Reappointment.--The
Deputy Secretary of Homeland Security for Management--
``(1) shall be appointed by the President, by and with the
advice and consent of the Senate, from among persons who
have--
``(A) extensive executive level leadership and management
experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and complex
organizations; and
``(D) a proven record in achieving positive operational
results;
``(2) shall--
``(A) serve for a term of 5 years; and
``(B) be subject to removal by the President if the
President--
``(i) finds that the performance of the Deputy Secretary of
Homeland Security for Management is unsatisfactory; and
``(ii) communicates the reasons for removing the Deputy
Secretary of Homeland Security for Management to Congress
before such removal;
``(3) may be reappointed in accordance with paragraph (1),
if the Secretary has made a satisfactory determination under
paragraph (5) for the 3 most recent performance years;
``(4) shall enter into an annual performance agreement with
the Secretary that shall set forth measurable individual and
organizational goals; and
``(5) shall be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each such
evaluation whether the Deputy Secretary of Homeland Security
for Management has made satisfactory progress toward
achieving the goals set out in the performance agreement
required under paragraph (4).''.
(d) Incumbent.--The individual who serves in the position
of Under Secretary for Management of the Department of
Homeland Security on the date of enactment of this Act--
(1) may perform all the duties of the Deputy Secretary of
Homeland Security for Management at the pleasure of the
President, until a Deputy Secretary of Homeland Security for
Management is appointed in accordance with subsection (c) of
section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341), as added by this Act; and
(2) may be appointed Deputy Secretary of Homeland Security
for Management, if such appointment is otherwise in
accordance with sections 103 and 701 of the Homeland Security
Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
(e) References.--References in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the Under
Secretary for Management of the Department of Homeland
Security shall be deemed to refer to the Deputy Secretary of
Homeland Security for Management.
(f) Technical and Conforming Amendments.--
(1) Other reference.--Section 702(a) of the Homeland
Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking
``Under Secretary for Management'' and inserting ``Deputy
Secretary of Homeland Security for Management''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b))
is amended by striking the item relating to section 701 and
inserting the following:

``Sec. 701. Deputy Secretary of Homeland Security for Management.''.

(3) Executive schedule.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating
to the Deputy Secretary of Homeland Security the following:
``Deputy Secretary of Homeland Security for Management.''.

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