View all text of Subchapter VII [§ 341 - § 353]
§ 341. Under Secretary for Management
(a) In generalThe Under Secretary for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs. The Secretary, acting through the Under Secretary for Management, shall be responsible for the management and administration of the Department, including the following:
(1) The budget, appropriations, expenditures of funds, accounting, and finance.
(2) Procurement.
(3) Human resources and personnel.
(4) Information technology and communications systems, including policies and directives to achieve and maintain interoperable communications among the components of the Department.
(5) Facilities, property, equipment, vehicle fleets (under subsection (c)), and other material resources.
(6) Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources.
(7) Strategic management planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The management integration and transformation within each functional management discipline of the Department, including information technology, financial management, acquisition management, and human capital management, to ensure an efficient and orderly consolidation of functions and personnel in the Department, including—
(A) the development of centralized data sources and connectivity of information systems to the greatest extent practicable to enhance program visibility, transparency, and operational effectiveness and coordination;
(B) the development of standardized and automated management information to manage and oversee programs and make informed decisions to improve the efficiency of the Department;
(C) the development of effective program management and regular oversight mechanisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and evaluated data on all acquisitions and investments; and
(D) the overall supervision, including the conduct of internal audits and management analyses, of the programs and activities of the Department, including establishment of oversight procedures to ensure a full and effective review of the efforts by components of the Department to implement policies and procedures of the Department for management integration and transformation.
(10) The development of a transition and succession plan, before December 1 of each year in which a Presidential election is held, to guide the transition of Department functions to a new Presidential administration, and making such plan available to the next Secretary and Under Secretary for Management and to the congressional homeland security committees.
(11) Reporting to the Government Accountability Office every six months to demonstrate measurable, sustainable progress made in implementing the corrective action plans of the Department to address the designation of the management functions of the Department on the bi-annual high risk list of the Government Accountability Office, until the Comptroller General of the United States submits to the appropriate congressional committees written notification of removal of the high-risk designation.
(12) The conduct of internal audits and management analyses of the programs and activities of the Department.
(13) Any other management duties that the Secretary may designate.
(b) Waivers for conducting business with suspended or debarred contractors
(c) Vehicle fleets
(1) In generalIn carrying out responsibilities regarding vehicle fleets pursuant to subsection (a)(5), the Under Secretary for Management shall be responsible for overseeing and managing vehicle fleets throughout the Department. The Under Secretary shall also be responsible for the following:
(A) Ensuring that components are in compliance with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work.
(B) Developing and distributing a standardized vehicle allocation methodology and fleet management plan for components to use to determine optimal fleet size in accordance with paragraph (4).
(C) Ensuring that components formally document fleet management decisions.
(D) Approving component fleet management plans, vehicle leases, and vehicle acquisitions.
(2) Component responsibilities
(A) In generalComponent heads—
(i) shall—(I) comply with Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) relating to fleet management and use of vehicles from home to work;(II) ensure that data related to fleet management is accurate and reliable;(III) use such data to develop a vehicle allocation tool derived by using the standardized vehicle allocation methodology provided by the Under Secretary for Management to determine the optimal fleet size for the next fiscal year and a fleet management plan; and(IV) use vehicle allocation methodologies and fleet management plans to develop annual requests for funding to support vehicle fleets pursuant to paragraph (6); and
(ii) may not, except as provided in subparagraph (B), lease or acquire new vehicles or replace existing vehicles without prior approval from the Under Secretary for Management pursuant to paragraph (5)(B).
(B) Exception regarding certain leasing and acquisitions
(3) Ongoing oversight
(A) Quarterly monitoring
(B) Automated information
(C) Monitoring
(4) Annual review of component fleet analyses
(A) In general
(B) Vehicle allocation toolComponent heads shall develop a vehicle allocation tool in accordance with subclause (III) of paragraph (2)(A)(i) that includes an analysis of the following:
(i) Vehicle utilization data, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles, in accordance with such paragraph.
(ii) The role of vehicle fleets in supporting mission requirements for each component.
(iii) Any other information determined relevant by such component heads.
(C) Fleet management plansComponent heads shall use information described in subparagraph (B) to develop a fleet management plan for each such component. Such fleet management plans shall include the following:
(i) A plan for how each such component may achieve optimal fleet size determined by the vehicle allocation tool required under such subparagraph, including the elimination of excess vehicles in accordance with paragraph (5), if applicable.
(ii) A cost benefit analysis supporting such plan.
(iii) A schedule each such component will follow to obtain optimal fleet size.
(iv) Any other information determined relevant by component heads.
(D) Review
(5) Guidance to develop fleet management plansThe Under Secretary for Management shall provide guidance, pursuant to paragraph (1)(B) on how component heads may achieve optimal fleet size in accordance with paragraph (4), including processes for the following:
(A) Leasing or acquiring additional vehicles or replacing existing vehicles, if determined necessary.
(B) Disposing of excess vehicles that the Under Secretary determines should not be reallocated under subparagraph (C).
(C) Reallocating excess vehicles to other components that may need temporary or long-term use of additional vehicles.
(6) Annual review of vehicle fleet funding requests
(7) Accountability for vehicle fleet management
(A) Prohibition on certain new vehicle leases and acquisitions
(B) Prohibition on certain performance compensation
(C) Prohibition on certain car services
(8) Motor pool
(A) In general
(B) RequirementsThe determination of feasibility of operating a vehicle motor pool under subparagraph (A) shall—
(i) include—(I) regions in the United States in which multiple components with vehicle fleets are located in proximity to one another, or a significant number of employees with authorization to use vehicles are located; and(II) law enforcement vehicles;
(ii) cover the National Capital Region; and
(iii) take into account different mission requirements.
(C) Report
(9) DefinitionsIn this subsection:
(A) Component head
(B) Excess vehicle
(C) Optimal fleet size
(D) Vehicle fleet
(d) Appointment and evaluationThe Under Secretary for Management shall—
(1) be appointed by the President, by and with the advice and consent of the Senate, from among persons who have—
(A) extensive executive level leadership and management experience in the public or private sector;
(B) strong leadership skills;
(C) a demonstrated ability to manage large and complex organizations; and
(D) a proven record in achieving positive operational results;
(2) enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and
(3) be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (2).
(e)1
1 So in original. There are two subsecs. (e).
System for Award Management consultation(e)1 Interoperable communications defined
(Pub. L. 107–296, title VII, § 701, Nov. 25, 2002, 116 Stat. 2218; Pub. L. 110–53, title XXIV, § 2405(a), (b), Aug. 3, 2007, 121 Stat. 548; Pub. L. 114–29, § 3, July 6, 2015, 129 Stat. 421; Pub. L. 114–328, div. A, title XIX, § 1903(b), Dec. 23, 2016, 130 Stat. 2673; Pub. L. 115–38, § 2, June 6, 2017, 131 Stat. 855.)