Effective Homeland Security Management Act of 2009 - Amends the Homeland Security Act of 2002 to: (1) replace the Under Secretary for Management of the Department of Homeland Security (DHS) with a Deputy Secretary of Homeland Security for Management as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management; and (2) establish the Deputy Secretary of Homeland Security for Management as the successor to the Deputy Secretary of Homeland Security in exercising the duties of the Secretary in his or her absence.
Provides that if an individual has been appointed and is serving as Under Secretary on the date of this Act's enactment, such individual shall serve as the Deputy Secretary of Homeland Security for Management for the applicable five-year term beginning on such date.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 872 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 872
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 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 ``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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4672-4673)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S4673)
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 111-91.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. With written report No. 111-91.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 188.
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