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The Department of Homeland Security Qualified Leaders Act of 2005

November 17, 2005

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 Undersecretary 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 three 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, Captain 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 serves 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 no where 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 the 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 five years of management experience, five years of experience in a field relevant to the position for which the individual 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 Undersecretary of Science and Technology; the Undersecretary of Preparedness; the Director of FEMA; and the Undersecretary 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 five 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 positions 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 of 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.


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November 2005

 
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