[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 872 Reported in Senate (RS)]

                                                       Calendar No. 188
111th CONGRESS
  1st Session
                                 S. 872

                          [Report No. 111-91]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

   Mr. Voinovich (for himself, Mr. Akaka, Mr. Carper, and Mr. Levin) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                            October 26, 2009

              Reported by Mr. Lieberman, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 2009''.

SEC. 2. DEPUTY SECRETARY OF HOMELAND SECURITY 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 subsections (a) through (c) by striking ``Under 
        Secretary for Management'' each place that term appears and 
        inserting ``Deputy Secretary of Homeland Security for 
        Management''.
    (c) Appointment, Evaluation, and Reappointment.--Section 701(c) of 
the Homeland Security Act of 2002 (6 U.S.C. 341) is amended--
            (1) in the subsection heading, by striking ``and 
        Evaluation'' and inserting ``, Evaluation, and Reappointment'';
            (2) in the matter preceding paragraph (1), by striking 
        ``shall'';
            (3) in paragraph (1), by inserting ``shall'' after ``(1)'';
            (4) in paragraph (2)--
                    (A) by inserting ``shall'' after ``(2)''; and
                    (B) by striking ``and'' after the semicolon;
            (5) in paragraph (3)--
                    (A) by inserting ``shall'' after ``(3)''; and
                    (B) by striking the period and inserting a 
                semicolon; and
            (6) by adding at the end the following:
            ``(4) 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; and
            ``(5) may be reappointed in accordance with paragraph (1), 
        if the Secretary has made a satisfactory determination under 
        paragraph (3) for the 3 most recent performance years.''.
    (d) 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.
<DELETED>    (e) Technical and Conforming Amendments.--</DELETED>
    (e) Treatment of Incumbent.--
            (1) In general.--If an individual has been appointed as 
        Under Secretary for Management of the Department of Homeland 
        Security, by and with the advice and consent of the Senate, and 
        is serving in that position on the date of enactment of this 
        Act, the individual shall serve as the Deputy Secretary of 
        Homeland Security for Management.
            (2) Term.--For an individual to whom paragraph (1) applies, 
        the 5-year term established under section 701(c)(4) of the 
        Homeland Security Act of 2002, as amended by this Act, shall 
        begin on the date of enactment of this Act.
    (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 striking the item relating to the 
        Under Secretary of Homeland Security for Management, and 
        inserting the following:
            ``Deputy Secretary of Homeland Security for Management.''.
                                                       Calendar No. 188

111th CONGRESS

  1st Session

                                 S. 872

                          [Report No. 111-91]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 26, 2009

                       Reported with an amendment