II 

Calendar No. 1099 

110TH CONGRESS 

2D SESSION S. 547 

To establish a Deputy Secretary of Homeland Security for Management, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2007 

Mr. VOINOVICH (for himself, Mr. AKAKA, Mr. LEVIN, Mrs. MCCASKILL, and 

Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, without amendment 

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 ‘‘Effective Homeland 

5 Security Management Act of 2007’’. 


wwoods2 on PRODPC68 with BILLS
2 

•S 547 RS

1 SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY 

2 FOR MANAGEMENT. 

3 (a) ESTABLISHMENT AND SUCCESSION.—Section 

4 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in the subsection heading, by striking 

8 ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY

9 SECRETARIES’’; 

10 (B) by striking paragraph (6); 

11 (C) by redesignating paragraphs (2) 

12 through (5) as paragraphs (3) through (6), re13 spectively; and 

14 (D) by striking paragraph (1) and insert15 ing the following: 

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

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

18 for Management.’’; and 

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

20 ‘‘(g) VACANCIES.— 

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

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

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

24 absence or disability of the Secretary, the Dep25 uty Secretary of Homeland Security may exer26 cise all the duties of that office, and for the 


wwoods2 on PRODPC68 with BILLS
3 

•S 547 RS

1 purpose of section 3345 of title 5, United 

2 States Code, the Deputy Secretary of Homeland 

3 Security is the first assistant to the Secretary. 

4 ‘‘(B) DEPUTY SECRETARY FOR MANAGE5 MENT.—When by reason of absence, disability, 

6 or vacancy in office, neither the Secretary nor 

7 the Deputy Secretary of Homeland Security is 

8 available to exercise the duties of the office of 

9 the Secretary, the Deputy Secretary of Home10 land Security for Management shall act as Sec11 retary. 

12 ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC13 RETARY.—In the case of a vacancy in the office of 

14 the Deputy Secretary of Homeland Security, or of 

15 the absence or disability of the Deputy Secretary of 

16 Homeland Security, the Deputy Secretary of Home17 land Security for Management may exercise all the 

18 duties of that office. 

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

20 Secretary may designate such other officers of the 

21 Department in further order of succession to act as 

22 Secretary.’’. 

23 (b) RESPONSIBILITIES.—Section 701 of the Home24 land Security Act of 2002 (6 U.S.C. 341) is amended— 


wwoods2 on PRODPC68 with BILLS
4 

•S 547 RS

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

2 SECRETARY’’ and inserting ‘‘DEPUTY SEC3 RETARY OF HOMELAND SECURITY’’; 

4 (2) in subsection (a)— 

5 (A) by inserting ‘‘The Deputy Secretary of 

6 Homeland Security for Management shall serve 

7 as the Chief Management Officer and principal 

8 advisor to the Secretary on matters related to 

9 the management of the Department, including 

10 management integration and transformation in 

11 support of homeland security operations and 

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

13 (B) by striking ‘‘Under Secretary for Man14 agement’’ and inserting ‘‘Deputy Secretary of 

15 Homeland Security for Management’’; 

16 (C) by striking paragraph (7) and insert17 ing the following: 

18 ‘‘(7) Strategic planning and annual perform19 ance planning and identification and tracking of per20 formance measures relating to the responsibilities of 

21 the Department.’’; and 

22 (D) by striking paragraph (9), and insert23 ing the following: 

24 ‘‘(9) The integration and transformation proc25 ess, to ensure an efficient and orderly consolidation 


wwoods2 on PRODPC68 with BILLS
5 

•S 547 RS

1 of functions and personnel to the Department, in2 cluding the development of a management integra3 tion strategy for the Department.’’; and 

4 (3) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘Under 

6 Secretary for Management’’ and inserting 

7 ‘‘Deputy Secretary of Homeland Security for 

8 Management’’; and 

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

10 Secretary for Management’’ and inserting 

11 ‘‘Deputy Secretary of Homeland Security for 

12 Management’’. 

13 (c) APPOINTMENT, EVALUATION, AND REAPPOINT14 MENT.—Section 701 of the Homeland Security Act of 

15 2002 (6 U.S.C. 341) is amended by adding at the end 

16 the following: 

17 ‘‘(c) APPOINTMENT, EVALUATION, AND REAPPOINT18 MENT.—The Deputy Secretary of Homeland Security for 

19 Management— 

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

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

22 among persons who have— 

23 ‘‘(A) extensive executive level leadership 

24 and management experience in the public or 

25 private sector; 


wwoods2 on PRODPC68 with BILLS
6 

•S 547 RS

1 ‘‘(B) strong leadership skills; 

2 ‘‘(C) a demonstrated ability to manage 

3 large and complex organizations; and 

4 ‘‘(D) a proven record in achieving positive 

5 operational results; 

6 ‘‘(2) shall— 

7 ‘‘(A) serve for a term of 5 years; and 

8 ‘‘(B) be subject to removal by the Presi9 dent if the President— 

10 ‘‘(i) finds that the performance of the 

11 Deputy Secretary of Homeland Security 

12 for Management is unsatisfactory; and 

13 ‘‘(ii) communicates the reasons for re14 moving the Deputy Secretary of Homeland 

15 Security for Management to Congress be16 fore such removal; 

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

18 paragraph (1), if the Secretary has made a satisfac19 tory determination under paragraph (5) for the 3 

20 most recent performance years; 

21 ‘‘(4) shall enter into an annual performance 

22 agreement with the Secretary that shall set forth 

23 measurable individual and organizational goals; and 

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

25 evaluation by the Secretary, who shall determine as 


wwoods2 on PRODPC68 with BILLS
7 

•S 547 RS

1 part of each such evaluation whether the Deputy 

2 Secretary of Homeland Security for Management 

3 has made satisfactory progress toward achieving the 

4 goals set out in the performance agreement required 

5 under paragraph (4).’’. 

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

7 position of Under Secretary for Management of the De8 partment of Homeland Security on the date of enactment 

9 of this Act— 

10 (1) may perform all the duties of the Deputy 

11 Secretary of Homeland Security for Management at 

12 the pleasure of the President, until a Deputy Sec13 retary of Homeland Security for Management is ap14 pointed in accordance with subsection (c) of section 

15 701 of the Homeland Security Act of 2002 (6 

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

17 (2) may be appointed Deputy Secretary of 

18 Homeland Security for Management, if such ap19 pointment is otherwise in accordance with sections 

20 103 and 701 of the Homeland Security Act of 2002 

21 (6 U.S.C. 113 and 341), as amended by this Act. 

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

23 law, Executive order, rule, regulation, or delegation of au24 thority, or any document of or relating to the Under Sec25 retary for Management of the Department of Homeland 


wwoods2 on PRODPC68 with BILLS
8 

•S 547 RS

1 Security shall be deemed to refer to the Deputy Secretary 

2 of Homeland Security for Management. 

3 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

6 is amended by striking ‘‘Under Secretary for Man7 agement’’ and inserting ‘‘Deputy Secretary of 

8 Homeland Security for Management’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents in section 1(b) of the Homeland Security Act 

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

12 the item relating to section 701 and inserting the 

13 following: 

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

14 (3) EXECUTIVE SCHEDULE.—Section 5313 of 

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

16 after the item relating to the Deputy Secretary of 

17 Homeland Security the following: 

18 ‘‘Deputy Secretary of Homeland Security for 

19 Management.’’. 


wwoods2 on PRODPC68 with BILLS

wwoods2 on PRODPC68 with BILLS
Calendar No. 1099 

110TH CONGRESS 

2D SESSION S. 547 

A BILL 

To establish a Deputy Secretary of Homeland 

Security for Management, and for other purposes. 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported without amendment 


wwoods2 on PRODPC68 with BILLS