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Bill to Depoliticize the Homeland Security Chief Human Capital Officer Passes Senate

September 24, 2008

WASHINGTON, D.C. - Legislation to depoliticize the Chief Human Capital Officer (CHCO) at the Department of Homeland Security (DHS) passed the Senate last night by unanimous consent and will now move to the House for consideration.  The bill was introduced by U.S. Senator George V. Voinovich (R-OH) and co-sponsored by Chairman Daniel K. Akaka (D-HI) and Senator Pete Domenici (R-NM).

"As DHS prepares for its first transition between administrations, it is imperative that an able and capable workforce remains in place to continue the department's important mission," Sen. Voinovich said. "Passage of my legislation is central to a smooth transition and to bring needed continuity for DHS workforce planning efforts. While I have no intention to mandate the DHS CHCO be a career position, I believe the DHS secretary should have the flexibility and authority to hire a career employee to that position - just as all other agency heads do."

Sen. Akaka said: "I am pleased the Senate passed our legislation that makes Chief Human Capital Officer appointments consistent at all agencies and could provide stability at the Department of Homeland Security in the upcoming Administration transition.  No other federal agency is required to have the Chief Human Capital Officer be a Presidential nominee and a political appointee.  The discretion on whether the position should be political or career should be left up to the DHS Secretary."

The bill strikes the provision of the Homeland Security Act of 2002 that requires the Chief Human Capital Officer to be appointed by the president. This differs from all other departments and agencies where the head of the agency is given the discretion to designate the position as a political appointment or career civil servant.

Using that authority, agency heads have varied in appointing CHCOs who are political appointees or career employees. Of the 23 agencies that make up the Chief Human Capital Officers Council, 11 are career employees. DHS is covered by section 1401 of title 5, which directs the head of each agency to appoint the CHCO.

Senators Akaka and Voinovich are the Chairman and Ranking Member, respectively, of the Senate Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia. 

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