[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 547 Reported in Senate (RS)]
Calendar No. 1099
110th CONGRESS
2d Session
S. 547
To establish a Deputy Secretary of Homeland Security for Management,
and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Homeland Security
Management Act of 2007''.
SEC. 2. 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 (6);
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), 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) is 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.''.
Calendar No. 1099
110th CONGRESS
2d Session
S. 547
_______________________________________________________________________
A BILL
To establish a Deputy Secretary of Homeland Security for Management,
and for other purposes.
_______________________________________________________________________
October 1 (legislative day, September 17), 2008
Reported without amendment