[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1712 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1712

 To establish a Deputy Secretary of Homeland Security for Management, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2005

  Mr. Voinovich (for himself and Mr. Akaka) 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 ``Homeland Security Management 
Restructuring Act of 2005''.

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 (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 serve for a term of 5 years, but may be removed 
        by the Secretary of Homeland Security based upon an 
        unsatisfactory annual determination under paragraph (5);
            ``(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 a publicly available 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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