[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Senate]
[Pages S13166-S13167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Lautenberg, and Mr. Carper):
  S. 2040. 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; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce legislation that 
will help ensure our homeland security is in the hands of the best and 
the brightest leaders. The Department of Homeland Security Qualified 
Leaders Act will establish minimum qualification standards for most 
Senate-confirmed positions in the Department of Homeland Security, DHS. 
I am joined by Senators Lautenberg and Carper in introducing this bill, 
and I thank them for their support.
  Hurricane Katrina and the resignation of Under Secretary Michael 
Brown have raised concerns regarding the experience and qualifications 
of political appointees in the Federal Government. Mr. Brown had 
minimal emergency management experience prior to joining the Federal 
Emergency Management Agency, FEMA. Despite Mr. Brown's 3 years as a 
senior official at FEMA, the agency faltered during Hurricane Katrina 
under his leadership.
  While not all of the Government's failures to prepare for and respond 
to Hurricane Katrina can be placed at Mr. Brown's doorstep, leadership 
matters. At a recent Homeland Security and Governmental Affairs 
Committee hearing on the Coast Guard's response to Hurricane Katrina, 
Cpt Bruce C. Jones, the commanding officer of Coast Guard Air Station 
New Orleans, testified, ``What counts most in a crisis, is not the 
plan, it's leadership. Not processes, but people. And not 
organizational charts, but organizational culture.''

  According to Captain Jones, one of the reasons the Coast Guard was 
able to respond immediately and perform efficiently during Hurricane 
Katrina is because the leaders of the Eighth District and Sector New 
Orleans were able to make quick, sound decisions while following a 
predetermined plan. Quick thinking and good judgement cannot be written 
into a plan.
  In addition, DHS, with its multitude of management challenges, 
requires leaders with strong management experience. Over the past few 
years, the DHS Inspector General and the Government Accountability 
Office have cited DHS for poor contract management, ineffective 
financial systems, and major human capital challenges. Moreover, DHS is 
in the process of implementing its Second Stage Review, an attempt to 
better organize the Department to meet its many missions. As Secretary 
Michael Chertoff overhauls the Department to create what will hopefully 
be a structure that serve DHS well for years to come, he needs senior 
officials who have experience running large organizations--people who 
know which systems and chains of command work and which do not. Good 
managers are needed across the Federal Government, but nowhere are they 
more needed than in an infant agency.

  Comptroller General David Walker said in a September 21, 2005, 
interview with Federal Times that ``for certain positions, given the 
nature of the position, there should be statutory qualification 
requirements for any nominee.'' I agree.
  For these reasons, we must ensure that the right people are leading 
DHS. Our bill delineates requirements for Senate-confirmed positions 
based on their compensation under the Executive Schedule. The most 
senior officials, those in Executive Level II and III, will be required 
to possess at least 5 years of management experience, 5 years of 
experience in a field relevant to the position for which the individual

[[Page S13167]]

is nominated, such as customs intelligence, or cybersecurity, and a 
demonstrated ability to manage a substantial staff and budget. These 
requirements will apply to the following positions: the Under Secretary 
of Science and Technology; the Under Secretary of Preparedness; the 
Director of FEMA; and the Under Secretary of Management. The Secretary 
and Deputy Secretary of Homeland Security are exempt from this bill.
  Executive Level IV positions will be required to possess significant 
management experience, at least 5 years of experience in a field 
relevant to the position for which the individual is nominated, and a 
demonstrated ability to manage a substantial staff and budget. These 
position include the Assistant Secretary for Immigration and Customs 
Enforcement; the Assistant Secretary for Customs and Border Patrol; the 
Assistant Secretary for Border and Transportation Security Policy; the 
Assistant Secretary for Plans, Programs, and Budgets; the Director of 
the Office State and Local Government Coordination and Preparedness; 
the Director of U.S. Citizenship and Immigration Services; the 
Inspector General; the Chief Financial Officer; the U.S. Fire 
Administrator; and the General Counsel. The bill exempts the commandant 
of the Coast Guard from this section since requirements for selection 
of the commandant already exist in law.
  I believe that any program or agency will succeed or fail based on 
leadership. This is especially true at Federal agencies, which need 
senior leaders with management skills and subject matter expertise. Our 
bill is a step in the right direction, and I urge my colleagues to join 
us in passing this important legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record following my statement.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2040

       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.''.
                                 ______