II
Calendar No. 1099
110th CONGRESS
2d Session
S. 547
IN THE SENATE OF THE UNITED STATES
February 12, 2007
Mr. Voinovich (for himself, Mr. Akaka, Mr. Levin, Mrs. McCaskill, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
October 1 (legislative day, September 17), 2008
Reported by Mr. Lieberman, without amendment
A BILL
To establish a Deputy Secretary of Homeland Security for Management, and for other purposes.
Short title
This Act may be cited as the
Effective Homeland Security Management
Act of 2007
.
Deputy Secretary of Homeland Secretary for Management
Establishment and succession
Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended—
in subsection (a)—
in the subsection heading, by striking
Deputy
Secretary
and inserting Deputy
Secretaries
;
by striking paragraph (6);
by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and
by striking paragraph (1) and inserting the following:
A Deputy Secretary of Homeland Security.
A Deputy Secretary of Homeland Security for Management.
; and
by adding at the end the following:
Vacancies
Vacancy in office of secretary
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.
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.
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.
Further order of succession
The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.
.
Responsibilities
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—
in the section heading, by striking
Under
Secretary
and inserting Deputy Secretary of Homeland
Security
;
in subsection (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
;
by striking Under Secretary for
Management
and inserting Deputy Secretary of Homeland Security
for Management
;
by striking paragraph (7) and inserting the following:
Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.
; and
by striking paragraph (9), and inserting the following:
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
in subsection (b)—
in paragraph (1), by striking Under
Secretary for Management
and inserting Deputy Secretary of
Homeland Security for Management
; and
in paragraph (2), by striking Under
Secretary for Management
and inserting Deputy Secretary of
Homeland Security for Management
.
Appointment, evaluation, and reappointment
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following:
Appointment, evaluation, and reappointment
The Deputy Secretary of Homeland Security for Management—
shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have—
extensive executive level leadership and management experience in the public or private sector;
strong leadership skills;
a demonstrated ability to manage large and complex organizations; and
a proven record in achieving positive operational results;
shall—
serve for a term of 5 years; and
be subject to removal by the President if the President—
finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; and
communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal;
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;
shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and
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).
.
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—
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
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.
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.
Technical and conforming amendments
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
.
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.
.
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.
.
October 1 (legislative day, September 17), 2008
Reported without amendment