[Congressional Record Volume 155, Number 60 (Thursday, April 23, 2009)]
[Senate]
[Pages S4672-S4673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH:
  S. 872. A bill to establish a Deputy Secretary of Homeland Security 
for Management, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. VOINOVICH. Mr. President, I rise today with my good friend and 
partner on the Oversight of Government Management Subcommittee, Senator 
Akaka, to address the critical management challenges facing the 
Department of Homeland Security, DHS, by introducing the Effective 
Homeland Security Management Act of 2009. I am proud to have Senators 
Carper and Levin also joining us in this important effort.
  This legislation would elevate the role and responsibilities of the 
current DHS Under Secretary for Management to a Deputy Secretary of 
Homeland Security for Management while preserving the authority of the 
Secretary and Deputy Secretary of DHS as the first-and second-highest 
ranking DHS officials, respectively. Under the legislation, the 
individual appointed as the Deputy Secretary for Management would be 
the third highest ranking official at DHS and would serve a five year 
term in order to provide management continuity at DHS during times of 
leadership transition, such as following a presidential election like 
the one we just experienced.
  In the Homeland Security Act of 2002, Congress established the 
position of Under Secretary for Management to oversee the management 
and administration of DHS. However, management issues have persisted at 
DHS since its creation. In 2003, the Government Accountability Office, 
GAO, included implementing and transforming DHS on its high-risk list 
of programs susceptible to waste, fraud, abuse, and mismanagement. 
Similarly, in December 2005, the DHS Inspector General issued a report 
warning of major management challenges facing DHS. The report noted 
that although progress has been made since DHS' inception, 
``[i]ntegrating its many separate components in a single, effective, 
efficient, and economical Department remains one of DHS's biggest 
challenges.'' Further, DHS's own Performance and Accountability Report, 
released in November 2006, states that it did not meet its strategic 
goal of ``providing comprehensive leadership and management to improve 
the efficiency and effectiveness of the Department,'' further 
underscoring the need for good management. In 2007, the Homeland 
Security Advisory Council Culture Task Force Report also detailed 
persisting organizational challenges within DHS and prescribed 
leadership and management models designed to empower employees, foster 
collaboration, and encourage innovation. The third recommendation of 
the report was that DHS establish an operational leadership position. 
The report noted, ``[a]lignment and integration of the DHS component 
organizations is vital to the success of the DHS mission. The [Culture 
Task Force] believes there is a compelling need for the creation of a 
Deputy Secretary for Operations, DSO, who would report to the Secretary 
and be responsible for the high level Department-wide measures aimed at 
generating and sustaining seamless operational integration and 
alignment of the component organizations.''
  For these reasons, as part of the Implementing Recommendations of the 
9/11 Commission Act of 2007, Congress clarified that the role and 
responsibilities of the Under Secretary for Management would include 
serving as the Chief Management Officer and principal advisor to the 
Secretary on the management of DHS. In that legislation Congress also 
provided that the Under Secretary for Management would be responsible 
for strategic management and annual performance planning, 
identification and tracking of performance measures, and the management 
integration and transformation process in support of DHS operations and 
programs. The Implementing Recommendations of the 9/11 Commission Act 
of 2007 also established managerial and leadership qualifications for 
the Under Secretary for Management and increased the pay scale for that 
Under Secretary.
  However, there continue to be significant management challenges 
associated with integrating DHS, whose creation represented the single 
largest restructuring of the Federal Government since the creation of 
the Department of Defense in 1947. In addition to its complex mission 
of securing the Nation from terrorism and natural hazards through 
protection, prevention, response, and recovery, leadership of DHS has 
the enormous task of unifying 200,000 employees from 22 disparate 
Federal agencies. This January, GAO again included implementing and 
transforming DHS on its high-risk list, noting that ``[a]lthough DHS 
has made progress in transforming into a fully functioning department, 
this transformation remains high risk because DHS has not yet developed 
a comprehensive plan to address the transformation, integration, 
management and mission challenges GAO identified since 2003. . . DHS 
has developed an Integrated Strategy for High Risk Management that 
outlines the department's process for, among other things,

[[Page S4673]]

assessing risks and proposing initiatives to address challenges, but 
the strategy lacks details for the transformation of DHS and 
integration of its management functions. DHS has also developed 
corrective action plans to address management challenges that contain 
several of the key elements GAO has identified for a corrective action 
plan . . . However, the plans generally do not contain measures to 
gauge performance and progress, nor do they identify the resources 
needed to carry out the corrective actions identified.''
  As former Chairman and now Ranking Member of the Oversight of 
Government Management Subcommittee, improving the management structure 
at DHS has been one of my top priorities. The Subcommittee's Chairman, 
Senator Akaka, and I have been committed to ensuring that DHS has the 
proper tools to make continual improvements in its operations. Because 
management challenges persist at DHS, I believe the existing Under 
Secretary for Management position at DHS's lacks sufficient authority 
to direct the type of sustained leadership and overarching management 
integration and transformation strategy that is needed department-wide, 
and Congress must elevate that Under Secretary's role. The legislation 
I offer today would do that and would provide the focused, high-level 
attention that will result in effective management reform. I believe 
this legislation is vital to DHS's success, and I urge my colleagues to 
join me in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 872

       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.
       (e) 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.''.
                                 ______