[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2040

 To amend the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) to 
 ensure that the Department of Homeland Security is led by qualified, 
                         experienced personnel.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2005

Mr. Akaka (for himself, Mr. Lautenberg, and Mr. Carper) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) to 
 ensure that the Department of Homeland Security is led by qualified, 
                         experienced personnel.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Qualified Leaders Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Department of Homeland Security, a large 
        organization comprised of 180,000 employees and 22 legacy 
        agencies, has a complex mission of securing the homeland from 
        man-made and natural disasters;
            (2) the Department and the agencies within require strong 
        leadership from proven managers with significant experience in 
        their respective fields; and
            (3) the majority of positions requiring Senate confirmation 
        at the Department do not have minimum qualifications.

SEC. 3. QUALIFICATIONS OF CERTAIN SENIOR OFFICERS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after section 103 the following:

``SEC. 104. QUALIFICATIONS OF CERTAIN SENIOR OFFICERS.

    ``(a) Executive Schedule Level II or III Positions.--
            ``(1) Positions.--This subsection shall apply to any 
        position in the Department that--
                    ``(A) requires appointment by the President, by and 
                with the advice and consent of the Senate; and
                    ``(B) is at level II or III of the Executive 
                Schedule under section 5313 or 5314 of title 5, United 
                States Code, (including any position for which the rate 
                of pay is determined by reference to level II or III of 
                the Executive Schedule).
            ``(2) Additional qualifications.--In addition to any other 
        qualification applicable to a position described under 
        paragraph (1), any individual appointed to such a position 
        shall possess--
                    ``(A) at least 5 years of executive leadership and 
                management experience in the public or private sector;
                    ``(B) at least 5 years of significant experience in 
                a field relevant to the position for which the 
                individual is nominated; and
                    ``(C) a demonstrated ability to manage a 
                substantial staff and budget.
    ``(b) Executive Schedule Level IV Positions.--
            ``(1) Positions.--This subsection shall apply to any 
        position in the Department that--
                    ``(A) requires appointment by the President, by and 
                with the advice and consent of the Senate; and
                    ``(B) is at level IV of the Executive Schedule 
                under section 5315 of title 5, United States Code, 
                (including any position for which the rate of pay is 
                determined by reference to level IV of the Executive 
                Schedule).
            ``(2) Additional qualifications.--In addition to any other 
        qualification applicable to a position described under 
        paragraph (1), any individual appointed to such a position 
        shall possess--
                    ``(A) significant executive leadership and 
                management experience in the public or private sector;
                    ``(B) at least 5 years of significant experience in 
                a field relevant to the position for which the 
                individual is nominated; and
                    ``(C) a demonstrated ability to manage a 
                substantial staff and budget.
    ``(c) Exceptions.--This section shall not apply to the position 
of--
            ``(1) the Secretary;
            ``(2) the Deputy Secretary of Homeland Security; or
            ``(3) the Commandant of the Coast Guard.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to lessen any qualification otherwise required of any 
position.
    ``(e) Sense of Congress.--It is the sense of Congress that 
individuals nominated by the President for the positions of Secretary 
and Deputy Secretary of Homeland Security should possess significant 
management experience and expertise in a relevant field because of the 
significant level of responsibility entrusted to these individuals.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by inserting after the item relating to section 103 the 
following:

        ``Sec. 104. Qualifications of certain senior officers.''.
                                 <all>