Sec. 102. Associate Secretary; succession reforms; Assistant Secretaries and other officers
807 words·~4 min read·
/bill/117/hr/4357/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended— in subsection (a)— in the subsection heading, by inserting after ; Assistant Secretaries and Other Officers ; Under Secretaries in paragraph (1)— by redesignating subparagraphs
(B)through
(K)as
(C)through (L), respectively; by inserting after subparagraph
(A)the following new subparagraph: An Associate Secretary of Homeland Security, who shall be the second assistant of the Secretary for purposes of subchapter III of chapter 33 of title 5, United States Code, and shall exercise the duties of the Secretary with respect to U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the United States Secret Service, and the Federal Protective Service, and, in consultation with the Deputy Secretary, the law enforcement activities of other Department components. ; and in subparagraph (J), as so redesignated, by striking Not more than 12 Assistant Secretaries. and inserting The Administrator of the Transportation Security Administration. ; by amending paragraph
(2)to read as follows: The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate: The Department shall have the following positions appointed by the President: The Assistant Secretary for Public Affairs. The Assistant Secretary for Legislative Affairs. The Assistant Secretary for the Countering Weapons of Mass Destruction Office. The Chief Medical Officer. The Secretary shall appoint an Assistant Secretary for Partnership and Engagement and, within the Office of Strategy, Policy, and Plans, an Assistant Secretary for International Affairs and not more than five additional Assistant Secretaries with divided responsibility for the following areas: Counterterrorism, threat prevention, and screening and vetting, including biometrics. Border security and immigration. Cybersecurity and infrastructure security. Law enforcement. Trade and economic security. ; and by adding at the end the following new paragraphs: No Assistant Secretary position may be established in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of this paragraph. The Under Secretary for Management shall serve a five-year term. ; in subsection (g)— in paragraph (1), by striking or vacancy in office, neither the Secretary nor Deputy Secretary is and inserting vacancy in office, or if the Secretary, Deputy Secretary, or Associate Secretary are not ; and by amending paragraph
(2)to read as follows: Notwithstanding chapter 33 of title 5, United States Code, the Secretary may designate such other official of the Department— in further order of succession, to serve as Acting Secretary, in a manner that requires such official to have served in the Department for at least 90 days prior to such designation in either the position of the head of a component or in another position by and with the advice and consent of the Senate, or in the event that an official meeting this criteria is not available, in a manner that requires such official to have served for at least 90 days prior to such designation in the Senior Executive Service within the Department; and to serve as the acting head of a component, in the event that the head of a component vacates the position, in a manner that requires such official to have served for at least 90 days prior to such designation in the Senior Executive Service. ; and by adding at the end the following new subsections: On behalf of the Secretary, the Deputy Secretary shall have authority to resolve any intra-departmental disputes that may arise between two or more components where one component is under the purview of the Associate Secretary. The Associate Secretary may appeal a resolution issued by the Deputy Secretary to the Secretary. The Assistant Secretary for Legislative Affairs shall— serve as the primary liaison to Congress; and maintain one internal reporting structure for engaging with authorizing and appropriating congressional committees. There shall be within the Office of Legislative Affairs at the Department not more than two, Deputy Assistant Secretary for Legislative Affairs positions, one for each chamber of Congress. Notwithstanding any other provision of law, any report that the Department or a component of the Department is required to submit to the Committee on Appropriations of the House of Representatives or the Committee on Appropriations of the Senate under any provision of law shall be submitted concurrently to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Paragraph
(1)shall apply with respect to any report described in such paragraph that is submitted on or after the date of the enactment of this subsection. The Secretary shall notify, in writing, the chairmen and ranking members of the authorizing and appropriating congressional committees of jurisdiction regarding policy memoranda, management directives, and reprogramming notifications issued by the Department. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 102
Associate Secretary; succession reforms; Assistant Secretaries and other officers
Cites 1Cited by 0 across 0 sources