This bill makes changes to provisions regarding succession at the Department of Homeland Security (DHS).
The bill includes the Associate Secretary of DHS within provisions regarding the absence, disability, or vacancy of the Secretary or Deputy Secretary.
The bill provides for a further order of succession after those three officials.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4484 Introduced in House (IH)]
<DOC>
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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Oversight, Management, and Accountability.
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