Homeland Security Management Restructuring Act of 2005 - Amends the Homeland Security Act to establish a Deputy Secretary of Homeland Security for Management, appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management of the Department.
[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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S10122-10123)
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