6 U.S.C. § 341 — Under Secretary for Management

Page 188 TITLE 6—DOMESTIC SECURITY § 341 (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intel- ligence, the Attorney General, or the Sec- retary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sen- sitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions to- taling more than $1,000,000 must be audited an- nually by an independent certified public ac- counting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the con- duct, filing, and availability of the audit shall be consistent with the protection of intel- ligence sources and methods, of sensitive law enforcement information, and of other sen- sitive national security information. (8) Each Johnny Micheal Spann Patriot Trust shall make distributions to beneficiaries described in paragraph (1) at least once every calendar year, beginning not later than 12 months after the formation of such Trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36 months after the end of the fiscal year in which such funds, donations, and earnings are received. (9)(A) When determining the amount of a distribution to any beneficiary described in paragraph (1), a Johnny Micheal Spann Pa- triot Trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an indi- vidual described in paragraph (1). (B) Collateral source compensation includes all compensation from collateral sources, in- cluding life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the death of an individual described in paragraph (1). (d) Treatment of Johnny Micheal Spann Patriot Trusts Each Johnny Micheal Spann Patriot Trust shall refrain from conducting the activities de- scribed in clauses (i) and (ii) of section 30101(20)(A) of title 52 so that a general solicita- tion of funds by an individual described in para- graph (1) of section 30125(e) of title 52 will be permissible if such solicitation meets the re- quirements of paragraph (4)(A) of such section. (e) Notification of Trust beneficiaries Notwithstanding any other provision of law, and in a manner consistent with the protection of intelligence sources and methods and sen- sitive law enforcement information, and other sensitive national security information, the Sec- retary of Defense, the Director of the Federal Bureau of Investigation, or the Director of Cen- tral Intelligence, or their designees, as applica- ble, may forward information received from an executor, administrator, or other legal rep- resentative of the estate of a decedent described in subparagraph (A), (B), (C), or (D) of sub- section (c)(1), to a Johnny Micheal Spann Pa- triot Trust on how to contact individuals eligi- ble for a distribution under subsection (c)(1) for the purpose of providing assistance from such Trust: Provided, That, neither forwarding nor failing to forward any information under this subsection shall create any cause of action against any Federal department, agency, officer, agent, or employee. (f) Regulations Not later than 90 days after November 25, 2002, the Secretary of Defense, in coordination with the Attorney General, the Director of the Fed- eral Bureau of Investigation, and the Director of Central Intelligence, shall prescribe regulations to carry out this section. (Pub. L. 107–296, title VI, § 601, Nov. 25, 2002, 116 Stat. 2215.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in subsec. (c)(1), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. SUBCHAPTER VII—MANAGEMENT § 341. Under Secretary for Management (a) In general The Under Secretary for Management shall serve as the Chief Management Officer and prin- cipal advisor to the Secretary on matters re- lated to the management of the Department, in- cluding management integration and trans- formation in support of homeland security oper- ations and programs. The Secretary, acting through the Under Secretary for Management, shall be responsible for the management and ad- ministration 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 communica- tions systems, including policies and direc- tives to achieve and maintain interoperable communications among the components of the Department. (5) Facilities, property, equipment, vehicle fleets (under subsection (c)), and other mate- rial resources. (6) Security for personnel, information tech- nology and communications systems, facili- Page 189 TITLE 6—DOMESTIC SECURITY § 341 ties, property, equipment, and other material resources. (7) Strategic management planning and an- nual performance planning and identification and tracking of performance measures relat- ing to the responsibilities of the Department. (8) Grants and other assistance management programs. (9) The management integration and trans- formation within each functional management discipline of the Department, including infor- mation technology, financial management, ac- quisition management, and human capital management, to ensure an efficient and or- derly consolidation of functions and personnel in the Department, including— (A) the development of centralized data sources and connectivity of information sys- tems to the greatest extent practicable to enhance program visibility, transparency, and operational effectiveness and coordina- tion; (B) the development of standardized and automated management information to manage and oversee programs and make in- formed decisions to improve the efficiency of the Department; (C) the development of effective program management and regular oversight mecha- nisms, including clear roles and processes for program governance, sharing of best practices, and access to timely, reliable, and evaluated data on all acquisitions and in- vestments; 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 ef- fective review of the efforts by components of the Department to implement policies and procedures of the Department for manage- ment integration and transformation. (10) The development of a transition and suc- cession 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 Account- ability Office every six months to demonstrate measurable, sustainable progress made in im- plementing 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 des- ignation. (12) The conduct of internal audits and man- agement analyses of the programs and activi- ties of the Department. (13) Any other management duties that the Secretary may designate. (b) Waivers for conducting business with sus- pended or debarred contractors Not later than five days after the date on which the Chief Procurement Officer or Chief Fi- nancial Officer of the Department issues a waiv- er of the requirement that an agency not engage in business with a contractor or other recipient of funds listed as a party suspended or debarred from receiving contracts, grants, or other types of Federal assistance in the System for Award Management maintained by the General Serv- ices Administration, or any successor thereto, the Under Secretary for Management shall sub- mit to the congressional homeland security committees and the Inspector General of the De- partment notice of the waiver and an expla- nation of the finding by the Under Secretary that a compelling reason exists for the waiver. (c) Vehicle fleets (1) In general In carrying out responsibilities regarding ve- hicle fleets pursuant to subsection (a)(5), the Under Secretary for Management shall be re- sponsible for overseeing and managing vehicle fleets throughout the Department. The Under Secretary shall also be responsible for the fol- lowing: (A) Ensuring that components are in com- pliance with Federal law, Federal regula- tions, executive branch guidance, and De- partment policy (including associated guid- ance) relating to fleet management and use of vehicles from home to work. (B) Developing and distributing a stand- ardized vehicle allocation methodology and fleet management plan for components to use to determine optimal fleet size in ac- cordance with paragraph (4). (C) Ensuring that components formally document fleet management decisions. (D) Approving component fleet manage- ment plans, vehicle leases, and vehicle ac- quisitions. (2) Component responsibilities (A) In general Component heads— (i) shall— (I) comply with Federal law, Federal regulations, executive branch guidance, and Department policy (including associ- ated guidance) relating to fleet manage- ment 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 method- ology provided by the Under Secretary for Management to determine the opti- mal fleet size for the next fiscal year and a fleet management plan; and (IV) use vehicle allocation methodolo- gies and fleet management plans to de- velop annual requests for funding to sup- port vehicle fleets pursuant to paragraph (6); and (ii) may not, except as provided in sub- paragraph (B), lease or acquire new vehi- Page 190 TITLE 6—DOMESTIC SECURITY § 341 cles 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 If exigent circumstances warrant such, a component head may lease or acquire a new vehicle or replace an existing vehicle with- out prior approval from the Under Secretary for Management. If under such exigent cir- cumstances a component head so leases, ac- quires, or replaces a vehicle, such compo- nent head shall provide to the Under Sec- retary an explanation of such cir- cumstances. (3) Ongoing oversight (A) Quarterly monitoring In accordance with paragraph (4), the Under Secretary for Management shall col- lect, on a quarterly basis, information re- garding component vehicle fleets, including information on fleet size, composition, cost, and vehicle utilization. (B) Automated information The Under Secretary for Management shall seek to achieve a capability to collect, on a quarterly basis, automated information regarding component vehicle fleets, includ- ing the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles. (C) Monitoring The Under Secretary for Management shall track and monitor component informa- tion provided pursuant to subparagraph (A) and, as appropriate, subparagraph (B), to en- sure that component vehicle fleets are the optimal fleet size and cost effective. The Under Secretary shall use such information to inform the annual component fleet anal- yses referred to in paragraph (4). (4) Annual review of component fleet analyses (A) In general To determine the optimal fleet size and as- sociated resources needed for each fiscal year beginning with fiscal year 2018, compo- nent heads shall annually submit to the Under Secretary for Management a vehicle allocation tool and fleet management plan using information described in paragraph (3)(A). Such tools and plans may be sub- mitted in classified form if a component head determines that such is necessary to protect operations or mission requirements. (B) Vehicle allocation tool Component 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 sup- porting mission requirements for each component. (iii) Any other information determined relevant by such component heads. (C) Fleet management plans Component heads shall use information de- scribed in subparagraph (B) to develop a fleet management plan for each such compo- nent. Such fleet management plans shall in- clude 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 accord- ance 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 The Under Secretary for Management shall review and make a determination on the results of each component’s vehicle allo- cation tool and fleet management plan under this paragraph to ensure each such component’s vehicle fleets are the optimal fleet size and that components are in com- pliance with applicable Federal law, Federal regulations, executive branch guidance, and Department policy (including associated guidance) pursuant to paragraph (2) relating to fleet management and use of vehicles from home to work. The Under Secretary shall use such tools and plans when review- ing annual component requests for vehicle fleet funding in accordance with paragraph (6). (5) Guidance to develop fleet management plans The 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), in- cluding processes for the following: (A) Leasing or acquiring additional vehi- cles or replacing existing vehicles, if deter- mined 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 re- quests As part of the annual budget process, the Under Secretary for Management shall review and make determinations regarding annual component requests for funding for vehicle fleets. If component heads have not taken steps in furtherance of achieving optimal fleet size in the prior fiscal year pursuant to para- graphs (4) and (5), the Under Secretary shall provide rescission recommendations to the Committee on Appropriations and the Com- mittee on Homeland Security of the House of Representatives and the Committee on Appro- Page 191 TITLE 6—DOMESTIC SECURITY § 341 1 So in original. There are two subsecs. (e). priations and the Committee on Homeland Se- curity and Governmental Affairs of the Senate regarding such component vehicle fleets. (7) Accountability for vehicle fleet manage- ment (A) Prohibition on certain new vehicle leases and acquisitions The Under Secretary for Management and component heads may not approve in any fiscal year beginning with fiscal year 2019 a vehicle lease, acquisition, or replacement re- quest if such component heads did not com- ply in the prior fiscal year with paragraph (4). (B) Prohibition on certain performance com- pensation No Department official with vehicle fleet management responsibilities may receive annual performance compensation in pay in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4). (C) Prohibition on certain car services Notwithstanding any other provision of law, no senior executive service official of the Department whose office has a vehicle fleet may receive access to a car service in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4). (8) Motor pool (A) In general The Under Secretary for Management may determine the feasibility of operating a vehi- cle motor pool to permit components to share vehicles as necessary to support mis- sion requirements to reduce the number of excess vehicles in the Department. (B) Requirements The determination of feasibility of oper- ating a vehicle motor pool under subpara- graph (A) shall— (i) include— (I) regions in the United States in which multiple components with vehicle fleets are located in proximity to one an- other, or a significant number of em- ployees with authorization to use vehi- cles are located; and (II) law enforcement vehicles; (ii) cover the National Capital Region; and (iii) take into account different mission requirements. (C) Report The Secretary shall include in the Depart- ment’s next annual performance report re- quired under current law the results of the determination under this paragraph. (9) Definitions In this subsection: (A) Component head The term ‘‘component head’’ means the head of any component of the Department with a vehicle fleet. (B) Excess vehicle The term ‘‘excess vehicle’’ means any ve- hicle that is not essential to support mission requirements of a component. (C) Optimal fleet size The term ‘‘optimal fleet size’’ means, with respect to a particular component, the ap- propriate number of vehicles to support mis- sion requirements of such component. (D) Vehicle fleet The term ‘‘vehicle fleet’’ means all owned, commercially leased, or Government-leased vehicles of the Department or of a compo- nent of the Department, as the case may be, including vehicles used for law enforcement and other purposes. (d) Appointment and evaluation The 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 agree- ment with the Secretary that shall set forth measurable individual and organizational goals; and (3) be subject to an annual performance eval- uation 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 re- quired under paragraph (2). (e) 1 System for Award Management consultation The Under Secretary for Management shall re- quire that all Department contracting and grant officials consult the System for Award Manage- ment (or successor system) as maintained by the General Services Administration prior to award- ing a contract or grant or entering into other transactions to ascertain whether the selected contractor is excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial as- sistance and benefits. (e) 1 Interoperable communications defined In this section, the term ‘‘interoperable com- munications’’ has the meaning given that term in section 194(g) of this title. (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.) Page 192 TITLE 6—DOMESTIC SECURITY § 342 Editorial Notes AMENDMENTS 2017—Subsec. (a)(5). Pub. L. 115–38, § 2(1), inserted ‘‘ve- hicle fleets (under subsection (c)),’’ after ‘‘equipment,’’. Subsecs. (c) to (e). Pub. L. 115–38, § 2(2), (3), added sub- sec. (c), redesignated former subsec. (c) as (d), and re- designated former subsec. (d), relating to System for Award Management consultation, as (e). 2016—Subsec. (a)(9) to (13). Pub. L. 114–328, § 1903(b)(1), added pars. (9) to (11), redesignated former pars. (10) and (11) as (12) and (13), respectively, and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: ‘‘The management integration and transformation process, as well as the transition proc- ess, to ensure an efficient and orderly consolidation of functions and personnel in the Department and transi- tion, including— ‘‘(A) the development of a management integration strategy for the Department, and ‘‘(B) before December 1 of any year in which a Pres- idential election is held, the development of a transi- tion and succession plan, to be made available to the incoming Secretary and Under Secretary for Manage- ment, to guide the transition of management func- tions to a new Administration.’’ Subsec. (b). Pub. L. 114–328, § 1903(b)(2), added subsec. (b) and struck out former subsec. (b) which related to maintenance of immigration statistics by the Under Secretary for Management and transfer of certain func- tions of the Statistics Branch of the Office of Policy and Planning of the Immigration and Naturalization Service to the Under Secretary for Management. Subsecs. (d), (e). Pub. L. 114–328, § 1903(b)(3), (4), added subsec. (d) and redesignated former subsec. (d), defining interoperable communications, as (e). 2015—Subsec. (a)(4). Pub. L. 114–29, § 3(1), inserted be- fore period at end ‘‘, including policies and directives to achieve and maintain interoperable communications among the components of the Department’’. Subsec. (d). Pub. L. 114–29, § 3(2), added subsec. (d). 2007—Subsec. (a). Pub. L. 110–53, § 2405(a)(1), inserted in introductory provisions ‘‘The Under Secretary for Management shall serve as the Chief Management Offi- cer and principal advisor to the Secretary on matters related to the management of the Department, includ- ing management integration and transformation in support of homeland security operations and pro- grams.’’ Subsec. (a)(7). Pub. L. 110–53, § 2405(a)(2), added par. (7) and struck out former par. (7) which read as follows: ‘‘Identification and tracking of performance measures relating to the responsibilities of the Department.’’ Subsec. (a)(9). Pub. L. 110–53, § 2405(a)(3), added par. (9) and struck out former par. (9) which read as follows: ‘‘The transition and reorganization process, to ensure an efficient and orderly transfer of functions and per- sonnel to the Department, including the development of a transition plan.’’ Subsec. (c). Pub. L. 110–53, § 2405(b), added subsec. (c). Statutory Notes and Related Subsidiaries DEADLINE FOR APPOINTMENT; INCUMBENT Pub. L. 110–53, title XXIV, § 2405(c), Aug. 3, 2007, 121 Stat. 549, provided that: ‘‘(1) DEADLINE FOR APPOINTMENT.—Not later than 90 days after the date of the enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security shall name an individual who meets the qualifications of section 701 of the Homeland Security Act (6 U.S.C. 341), as amended by subsections (a) and (b), to serve as the Under Secretary of Homeland Security for Manage- ment. The Secretary may submit the name of the indi- vidual who serves in the position of Under Secretary of Homeland Security for Management on the date of en- actment of this Act together with a statement that in- forms the Congress that the individual meets the quali- fications of such section as so amended. ‘‘(2) INCUMBENT.—The incumbent serving as Under Secretary of Homeland Security for Management on November 4, 2008, is authorized to continue serving in that position until a successor is confirmed, to ensure continuity in the management functions of the Depart- ment.’’ § 342. Chief Financial Officer (a) In general The Chief Financial Officer shall perform functions as specified in chapter 9 of title 31 and, with respect to all such functions and other re- sponsibilities that may be assigned to the Chief Financial Officer from time to time, shall also report to the Under Secretary for Management. (b) Program analysis and evaluation function (1) Establishment of Office of Program Anal- ysis and Evaluation Not later than 90 days after October 16, 2004, the Secretary shall establish an Office of Pro- gram Analysis and Evaluation within the De- partment (in this section referred to as the ‘‘Office’’). (2) Responsibilities The Office shall perform the following func- tions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland security strategy developed pursuant to section 454(b)(2) of this title. (B) Develop and perform analyses and eval- uations of alternative plans, programs, per- sonnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, esti- mated costs, resource constraints, and the most recent homeland security strategy de- veloped pursuant to section 454(b)(2) of this title. (C) Establish policies for, and oversee the integration of, the planning, programming, and budgeting system of the Department. (D) Review and ensure that the Depart- ment meets performance-based budget re- quirements established by the Office of Man- agement and Budget. (E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 454 of this title. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual performance plan for the Department and the program and performance section of the annual report on program performance for the Department, consistent with sections 1115 and 1116, respectively, of title 31. (H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function.