II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Management Restructuring Act of 2005’’. 

6 SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY 

7 FOR MANAGEMENT. 

8 (a) ESTABLISHMENT AND SUCCESSION.—Section 

9 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) 

10 is amended— 
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1 (1) in subsection (a)— 

2 (A) in the subsection heading, by striking 

3 ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY

4 SECRETARIES’’; 

5 (B) by striking paragraph (7); 

6 (C) by redesignating paragraphs (2) 

7 through (6) as paragraphs (3) through (7), re8 spectively; and 

9 (D) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) A Deputy Secretary of Homeland Security. 

12 ‘‘(2) A Deputy Secretary of Homeland Security 

13 for Management.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(g) VACANCIES.— 

16 ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— 

17 ‘‘(A) DEPUTY SECRETARY.—In case of a 

18 vacancy in the office of the Secretary, or of the 

19 absence or disability of the Secretary, the Dep20 uty Secretary of Homeland Security may exer21 cise all the duties of that office, and for the 

22 purpose of section 3345 of title 5, United 

23 States Code, the Deputy Secretary of Homeland 

24 Security is the first assistant to the Secretary. 
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1 ‘‘(B) DEPUTY SECRETARY FOR MANAGE2 MENT.—When by reason of absence, disability, 

3 or vacancy in office, neither the Secretary nor 

4 the Deputy Secretary of Homeland Security is 

5 available to exercise the duties of the office of 

6 the Secretary, the Deputy Secretary of Home7 land Security for Management shall act as Sec8 retary. 

9 ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC10 RETARY.—In the case of a vacancy in the office of 

11 the Deputy Secretary of Homeland Security, or of 

12 the absence or disability of the Deputy Secretary of 

13 Homeland Security, the Deputy Secretary of Home14 land Security for Management may exercise all the 

15 duties of that office. 

16 ‘‘(3) FURTHER ORDER OF SUCCESSION.—The 

17 Secretary may designate such other officers of the 

18 Department in further order of succession to act as 

19 Secretary.’’. 

20 (b) RESPONSIBILITIES.—Section 701 of the Home21 land Security Act of 2002 (6 U.S.C. 341) is amended— 

22 (1) in the section heading, by striking ‘‘UNDER

23 SECRETARY’’ and inserting ‘‘DEPUTY SEC24 RETARY OF HOMELAND SECURITY’’; 

25 (2) in subsection (a)— 
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1 (A) by inserting ‘‘The Deputy Secretary of 

2 Homeland Security for Management shall serve 

3 as the Chief Management Officer and principal 

4 advisor to the Secretary on matters related to 

5 the management of the Department, including 

6 management integration and transformation in 

7 support of homeland security operations and 

8 programs.’’ before ‘‘The Secretary’’; 

9 (B) by striking ‘‘Under Secretary for Man10 agement’’ and inserting ‘‘Deputy Secretary of 

11 Homeland Security for Management’’; 

12 (C) by striking paragraph (7) and insert13 ing the following: 

14 ‘‘(7) Strategic planning and annual perform15 ance planning and identification and tracking of per16 formance measures relating to the responsibilities of 

17 the Department.’’; and 

18 (D) by striking paragraph (9), and insert19 ing the following: 

20 ‘‘(9) The integration and transformation proc21 ess, to ensure an efficient and orderly consolidation 

22 of functions and personnel to the Department, in23 cluding the development of a management integra24 tion strategy for the Department.’’; and 

25 (3) in subsection (b)— 
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1 (A) in paragraph (1), by striking ‘‘Under 

2 Secretary for Management’’ and inserting 

3 ‘‘Deputy Secretary of Homeland Security for 

4 Management’’; and 

5 (B) in paragraph (2), by striking ‘‘Under 

6 Secretary for Management’’ and inserting 

7 ‘‘Deputy Secretary of Homeland Security for 

8 Management’’. 

9 (c) APPOINTMENT, EVALUATION, AND REAPPOINT10 MENT.—Section 701 of the Homeland Security Act of 

11 2002 (6 U.S.C. 341), as amended by this Act, is further 

12 amended by adding at the end the following: 

13 ‘‘(c) APPOINTMENT, EVALUATION, AND REAPPOINT14 MENT.—The Deputy Secretary of Homeland Security for 

15 Management— 

16 ‘‘(1) shall be appointed by the President, by 

17 and with the advice and consent of the Senate, from 

18 among persons who have— 

19 ‘‘(A) extensive executive level leadership 

20 and management experience in the public or 

21 private sector; 

22 ‘‘(B) strong leadership skills; 

23 ‘‘(C) a demonstrated ability to manage 

24 large and complex organizations; and 
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1 ‘‘(D) a proven record in achieving positive 

2 operational results; 

3 ‘‘(2) shall serve for a term of 5 years, but may 

4 be removed by the Secretary of Homeland Security 

5 based upon an unsatisfactory annual determination 

6 under paragraph (5); 

7 ‘‘(3) may be reappointed in accordance with 

8 paragraph (1), if the Secretary has made a satisfac9 tory determination under paragraph (5) for the 3 

10 most recent performance years; 

11 ‘‘(4) shall enter into a publicly available annual 

12 performance agreement with the Secretary that shall 

13 set forth measurable individual and organizational 

14 goals; and 

15 ‘‘(5) shall be subject to an annual performance 

16 evaluation by the Secretary, who shall determine as 

17 part of each such evaluation whether the Deputy 

18 Secretary of Homeland Security for Management 

19 has made satisfactory progress toward achieving the 

20 goals set out in the performance agreement required 

21 under paragraph (4).’’. 

22 (d) INCUMBENT.—The individual who serves in the 

23 position of Under Secretary for Management of the De24 partment of Homeland Security on the date of enactment 

25 of this Act— 
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1 (1) may perform all the duties of the Deputy 

2 Secretary of Homeland Security for Management at 

3 the pleasure of the President, until a Deputy Sec4 retary of Homeland Security for Management is ap5 pointed in accordance with subsection (c) of section 

6 701 of the Homeland Security Act of 2002 (6 

7 U.S.C. 341), as added by this Act; and 

8 (2) may be appointed Deputy Secretary of 

9 Homeland Security for Management, if such ap10 pointment is otherwise in accordance with sections 

11 103 and 701 of the Homeland Security Act of 2002 

12 (6 U.S.C. 113 and 341), as amended by this Act. 

13 (e) REFERENCES.—References in any other Federal 

14 law, Executive order, rule, regulation, or delegation of au15 thority, or any document of or relating to the Under Sec16 retary for Management of the Department of Homeland 

17 Security shall be deemed to refer to the Deputy Secretary 

18 of Homeland Security for Management. 

19 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) OTHER REFERENCE.—Section 702(a) of the 

21 Homeland Security Act of 2002 (6 U.S.C. 342(a)) 

22 is amended by striking ‘‘Under Secretary for Man23 agement’’ and inserting ‘‘Deputy Secretary of 

24 Homeland Security for Management’’. 
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1 (2) TABLE OF CONTENTS.—The table of con2 tents in section 1(b) of the Homeland Security Act 

3 of 2002 (6 U.S.C. 101(b)) is amended by striking 

4 the item relating to section 701 and inserting the 

5 following: 

‘‘Sec. 701. Deputy Secretary of Homeland Security for Management.’’. 

6 (3) EXECUTIVE SCHEDULE.—Section 5313 of 

7 title 5, United States Code, is amended by inserting 

8 after the item relating to the Deputy Secretary of 

9 Homeland Security the following: 

10 ‘‘Deputy Secretary of Homeland Security for 

11 Management.’’. 

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