[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4484 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4484

   To amend the Homeland Security Act of 2002 to provide for certain 
              succession reforms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2021

Miss Rice of New York introduced the following bill; which was referred 
                 to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
   To amend the Homeland Security Act of 2002 to provide for certain 
              succession reforms, 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. SUCCESSION REFORMS.

    Subsection (g) of section 103 of the Homeland Security Act of 2002 
(6 U.S.C. 113) is amended--
            (1) in paragraph (1), by striking ``neither the Secretary 
        nor Deputy Secretary is'' and inserting ``the Secretary, Deputy 
        Secretary, or Associate Secretary are not''; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) Further order of succession.--Notwithstanding section 
        3345 of title 5, United States Code, the Secretary may 
        designate such other official of the Department--
                    ``(A) in further order of succession, to perform 
                the functions and duties of the Secretary, provided 
                that such official has served in the Department for at 
                least 90 days prior to such designation in either--
                            ``(i) the position of the head of a 
                        component; or
                            ``(ii) in another position by and with the 
                        advice and consent of the Senate;
                    ``(B) in the event that the Secretary position is 
                vacant and an official meeting the criteria set forth 
                in subparagraph (A) is not available, the President may 
                designate an officer or employee in the Department to 
                perform the functions and duties of the Secretary, if--
                            ``(i) prior to such designation, the 
                        officer or employee served in a position in the 
                        Department for not less than 90 days; and
                            ``(ii) the rate of pay for the position 
                        referred to in clause (i) is equal to or 
                        greater than the minimum rate of pay payable 
                        for a position at GS-15 of the General 
                        Schedule; and
                    ``(C) in the event the head of a Department 
                component is vacant, the Secretary may designate an 
                officer or employee of the Department to perform the 
                functions and duties of such vacant position, if--
                            ``(i) prior to such designation, the 
                        officer or employee served in a position in the 
                        Department for not less than 90 days; and
                            ``(ii) the rate of pay for the position 
                        referred to in clause (i) is equal to or 
                        greater than the minimum rate of pay payable 
                        for a position at GS-15 of the General 
                        Schedule.
            ``(3) Applicability of other provisions of law.--Sections 
        3346 through 3349d of title 5, United States Code, shall apply 
        to any individual serving in an acting capacity under this 
        subsection in the same manner and to the same extent as such 
        sections are applicable to an individual serving as an acting 
        officer described under section 3345 of such title.''.
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