II Calendar No. 188 111th CONGRESS 1st Session S. 872 [Report No. 111–91] 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.

1.

Short title

This Act may be cited as the Effective Homeland Security Management Act of 2009.

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. (e)

Technical and conforming amendments

(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. .

October 26, 2009 Reported with an amendment