110th CONGRESS
1st 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, and Mrs. MCCASKILL) introduced
the following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
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--
(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:
`(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';
(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
(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;
`(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.'.
END
