<DOC> [109 Senate Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:32357.wais] S. Hrg. 109-871 NOMINATION OF PAUL A. SCHNEIDER ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION ON THE NOMINATION OF PAUL A. SCHNEIDER TO BE UNDER SECRETARY FOR MANAGEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY __________ DECEMBER 6, 2006 __________ Available via http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 32-357 WASHINGTON : 2007 _____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 Printed for the use of the Committee on Homeland Security and Governmental Affairs COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas JOHN W. WARNER, Virginia Brandon L. Milhorn, Staff Director Jennifer L. Tarr, Associate Counsel Michael L. Alexander, Minority Staff Director Kristine V. Lam, Minority Research Assistant Trina Driessnack Tyrer, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Collins.............................................. 1 Senator Akaka................................................ 2 Senator Voinovich............................................ 4 Prepared statement: Senator Lieberman............................................ 19 WITNESS Wednesday, December 6, 2006 Paul A. Schneider to be Under Secretary for Management, U.S. Department of Homeland Security: Testimony.................................................... 7 Prepared statement........................................... 21 Biographical and professional information.................... 22 Responses to pre-hearing questions........................... 29 Letter from U.S. Office of Government Ethics................. 62 Responses to post-hearing questions.......................... 63 NOMINATION OF PAUL A. SCHNEIDER ---------- WEDNESDAY, DECEMBER 6, 2006 U.S. Senate, Committee on Homeland Security and Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 3:02 p.m., in room 342, Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Voinovich, and Akaka. OPENING STATEMENT OF CHAIRMAN COLLINS Chairman Collins. The Committee will come to order. Today, the Committee will consider the nomination of Paul Schneider to be the Under Secretary for Management at the Department of Homeland Security. The mission of DHS is to provide a unifying core of leadership and expertise for the national network of organizations and institutions that work to secure our Nation and to prepare for and respond to disasters of all types. The Management Directorate is responsible for ensuring that the Department's workforce has the resources and systems in place to carry out this vital mission. The directorate works in a variety of critical areas, from human resources and administration to budgeting, procurement, and information technology. The collective aim is for DHS components to have an effective means of working with each other and with their homeland security partners at the State and local levels. In addition to its responsibilities for allocating human and material resources, the directorate is charged with identifying and tracking performance measures. This would be a daunting assignment under the best of circumstances. In our current situation, the phrase ``herding cats'' comes to mind. As the Department of Homeland Security nears the end of its fourth year of operations, the unifying core has not yet fully taken shape. As the Committee's investigation of Hurricane Katrina made so terribly clear, the goals of effective resource allocation and coordination across all levels of government continue to elude us. Grant programs remain mired in conflict and controversy. The right balance between safe and secure borders and the lawful movement of people and commerce has yet to be realized. To be sure, progress is being made on all of these fronts, but not at the pace our times demand. The Committee's hearing just this morning on the enormous waste, fraud, and abuse plaguing the recovery from Katrina provided a stark reminder of what is at stake. As the reform and strengthening of FEMA within DHS moves forward, the need for effective resource allocation will become ever more urgent, as will the need for solid and verifiable performance measures. The Management Directorate will need a strong hand at the helm. Paul Schneider appears to bring strong credentials to this challenge. He began his career in public service in 1965 at the Portsmouth Naval Shipyard, which despite its name is located in Kittery, Maine. He was a project engineer, and I am sure that was indeed a very good start for his career. He was appointed to the Senior Executive Service in 1981 and served as the Deputy Director of NAVSEA's Auxiliary Systems Subgroup. He later served as the Executive Director and senior civilian of the Naval Sea Systems Command and as the Principal Deputy Assistant Secretary of the Navy for Research, Development, and Acquisition. In 2002, he became the Senior Acquisition Executive of the National Security Agency. Most recently, Mr. Schneider served as a defense and aerospace consultant. He holds a degree in nuclear engineering--I guess that would make him a rocket scientist after all, perhaps--and has been recognized with Distinguished Civilian Service Awards from the Department of Defense, the Navy, and National Security Agency, as well as receiving various Presidential Rank awards. I welcome Mr. Schneider to the Committee today, and I look forward to hearing his testimony. We are very pleased to have the Senator from Hawaii, Senator Akaka, substituting for Senator Lieberman as the Ranking Minority Member today. Welcome, Senator. OPENING STATEMENT OF SENATOR AKAKA Senator Akaka. Thank you very much, Madam Chairman. I am honored to be in this position today. Before I get on with my statement, I would like to, Madam Chairman, thank you so much for your 4 years of leadership here as Chairman of this Committee and guiding the Committee with the success of the Department of Homeland Security. I really appreciate your dedicated leadership, your promptness in action with issues of the Committee, as well as your organization of the Committee. I have enjoyed working with you---- Chairman Collins. Thank you very much. Senator Akaka [continuing]. And look forward to continuing to work with you, Madam Chairman. I am pleased to join you, Madam Chairman, in welcoming Mr. Paul Schneider, who has been nominated to serve as the Under Secretary of Management for DHS. This is a pivotal position, perhaps even more important than the Secretary's job because the Under Secretary has line responsibility for ensuring the Department performs its mission. Merging 22 agencies with 180,000 employees into a Department to carry out a common mission is the single biggest challenge in the government today. As the Ranking Member of the Armed Services Readiness Subcommittee and the Oversight of Government Management Subcommittee here, I know that without sustained leadership neither incremental changes nor wholesale transformation will be integrated into an agency's management culture. That is why I have sponsored legislation with my friend, Senator Voinovich, to create a Deputy Secretary for Management at DHS, which I believe will help the new Department avoid the same long-term management problems currently plaguing the Department of Defense. Mr. Schneider, you will be coming into an agency with deep divisions between labor and management, most of which stem from the personnel regulations issued by DHS last year that I believe will severely erode employee rights and protections. Strong employee protections enhance security by helping attract and retain the most skilled employees and by ensuring that they feel free to bring concerns about management actions that could adversely affect our national security to senior leaders without fear of retaliation. I urge you to work with the DHS Chief Human Capital Officer, who I know from her tenure at the Office of Personnel Management, and with union leaders, management associations, and the Senior Executives Association to develop a personnel system for the Department that is flexible, transparent, and ensures collective bargaining and a fair appeals process. I want to mention an issue that came up during the Committee's work on your nomination concerning your stewardship of a classified program at the National Security Agency called Trailblazer. We have examined this issue in both open and closed briefings, and there is nothing that we have discovered which should adversely affect your nomination to this position. Mr. Schneider, you have a reputation and a record of getting things done, of hiring and rewarding capable people and supporting them in their mission. Your talents are sorely needed, given the critical roles played by and challenges facing the Chief Information Officer, the Chief Procurement Officer, the Chief Financial Officer, and the Chief Human Capital Officer (CHCO), all of whose offices fall under the Management Directorate. I hope you will not hesitate to reach out to the Committee should problems arise. Thank you very much, Madam Chairman. [The prepared statement of Senator Akaka follows:] PREPARED STATEMENT OF SENATOR AKAKA Today we are here to consider the nomination of Mr. Paul Schneider to be the Under Secretary for Management at the Department of Homeland Security (DHS). However, before we turn to Mr. Schneider's nomination, I would like to thank you, Chairman Collins, for your work over the past 4 years as Chairman to ensure the success of DHS. I appreciate your dedicated leadership and the comity with which you have led this Committee. I look forward to working with you in the next Congress. I am pleased to join you today in welcoming Mr. Schneider to the Committee. The position to which he has been nominated is pivotal, perhaps even more important than the Secretary's job because the Under Secretary has line responsibility for ensuring the Department performs its mission. Merging 22 agencies with 180,000 employees into a department to carry out a common mission is the single biggest challenge in the government today. As the Ranking Member of the Oversight of Government Management Subcommittee and the Armed Service Readiness Subcommittee, I know that without sustained leadership neither incremental changes nor wholesale transformation will be integrated into an agency's management culture. That is why I have sponsored legislation with Senator Voinovich to create a Deputy Secretary for Management at DHS, which I believe will help the new department avoid the same long-term management problems currently plaguing the Department of Defense. Mr. Schneider, you will be coming into an agency with deep divisions between labor and management, most of which stem from the personnel regulations issued by DHS last year that I believe will severely erode employee rights and protections. Strong employee protections enhance security by helping attract and retain the most skilled employees and by ensuring that they feel free to bring concerns about management actions that could adversely affect our national security to senior leaders without fear of retaliation. I urge you to work with the DHS Chief Human Capital Officer (CHCO), who I know from her tenure at the Office of Personnel Management, and with union leaders, management associations, and the Senior Executives Association to develop a personnel system for the Department that is flexible, transparent, and ensures collective bargaining and a fair appeals process. I want to mention an issue that came up during the Committee's work on your nomination concerning your stewardship of a classified program at the National Security Agency called Trailblazer. We have examined this issue in both open and closed briefings, and there is nothing that we have discovered which should adversely affect your nomination to this position. Mr. Schneider, you have a reputation and a record of getting things done, of hiring and rewarding capable people, and supporting them in their mission. Your talents are sorely needed given the critical roles played by and challenges facing the Chief Information Officer, the Chief Procurement Officer, the Chief Financial Officer, and the CHCO all of whose offices fall under the Management Directorate. I hope you will not hesitate to reach out to the Committee should problems arise. Thank you again Madam Chairman. Chairman Collins. Thank you very much, Senator Akaka. I am now pleased to call upon Senator Voinovich, who is this Committee's leading expert on issues involving human capital, and I know that is one of the reasons he is here today. Senator Voinovich. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich. Thank you, Madam Chairman. First of all, I know this is the last hearing that this Committee is going to have in the 109th Congress, and I want to publicly acknowledge the great leadership that you have provided to this Committee and the bipartisanship that you have emphasized during your Chairmanship. I know that because of the wonderful relationship that you have developed with Senator Lieberman, this Committee will continue to make a real contribution to our country. This Committee has been the most productive of any of the committees that we have in Congress, and that is due to your hard work, tenacity, and your ability to work with Senator Lieberman. Chairman Collins. Thank you. Senator Voinovich. I would also like to acknowledge Senator Akaka. We have worked together for 8 years. Senator Akaka, I really appreciate the cooperation and, more importantly, the friendship that we have developed over the years. I am so glad you are going to be back for the next six. You and I are going to be working together on lots of issues, and so I look forward to the 110th Congress. Chairman Collins. Thank you. Senator Voinovich. The Under Secretary for Management at the Department of Homeland Security serves as the principal administrator and manager for the Department, although as Senator Akaka pointed out, we really don't like the positions placement on the DHS organizational chart. We think the position should be elevated and be reporting directly to the Secretary. Though the Under Secretary for Management does not serve on the front line, the position is critical to our Nation's homeland security. With the Department still in its formative years, which I think people have forgotten, the Under Secretary must provide consistent direction and coordinate numerous interrelated management systems so that they complement the operational components' activities. The guidance must be flexible and durable over time and eliminate stovepipes that continue to hinder development of a unified culture. As my colleagues know, the Homeland Security Act of 2002 initiated the Federal Government's largest restructuring since the creation of the Department of Defense in 1947. In hindsight, I think a lot of us believe we bit off a whole lot more than maybe we should have and perhaps should have started out with the consolidation of fewer agencies. While carrying out its critical mission of securing the Nation from terrorism and natural hazards, the leadership of DHS must be mindful of the major organizational, operational, and cultural issues associated with large mergers. It is indeed a challenge to unify 180,000 employees from 22 different Federal agencies and programs. This is not meant to be as a criticism of the Secretary or any single individual at DHS, but rather to acknowledge the fact that the Department faces significant hurdles as it matures. The Department must be honest with itself about its management challenges and must devote focused, high-level attention to overcoming them. I am concerned that DHS continues to face a high rate of vacancies and turnover in key leadership positions, including within the Management Directorate. This issue could be further complicated as this administration finishes its elected term. As the Chairman of the Oversight of Government Management Subcommittee, improving the management focus at DHS remains one of my top priorities. During my long career in public service, including as mayor and governor, I have repeatedly observed that the path to organizational success lies in adopting best practices in management, including strategic planning, performance, and accountability measures, and effectively leveraging human capital. When instituting reforms as mayor and governor, individuals involved with implementation would tell me they did not have time for Total Quality Management because they were too busy putting out fires. I appreciate that DHS is also busy putting out fires, but the connection between good management practices and operational success should not be lost. That is why the position of Under Secretary for Management is so vital to the success of the Department of Homeland Security. Mr. Schneider, if confirmed, your job will be to tackle the formidable management challenges at the Department of Homeland Security and institutionalize long-term changes that will last way beyond your tenure. After reviewing your significant experience in senior management positions at the Department of Defense and the National Security Agency, I believe that you are well qualified for the position of Under Secretary for Management. I appreciate your willingness to return to Federal service and make a contribution to our Nation's homeland security, and I applaud your courage in accepting this nomination and the challenges it brings. I look forward to learning of your vision for fulfilling the duties of the Under Secretary for Management. If you are confirmed, this Committee will be closely monitoring your progress. We also want to help ensure you have the necessary visibility and leverage within the Department to get the job done. Accordingly, I encourage you to be as candid as possible with us about the Management Directorate's resource needs and its concerns. Thank you, Madam Chairman. [The prepared statement of Senator Voinovich follows:] PREPARED STATEMENT OF SENATOR VOINOVICH Thank you, Madam Chairman, for holding this important hearing. The Under Secretary for Management at the Department of Homeland Security serves as the principal administrator and manager for the Department. Though the Under Secretary for Management does not serve on the frontline, the position is critical to our Nation's homeland security. With the Department still in its formative years, the Under Secretary for Management must provide consistent direction and coordinate numerous interrelated management systems so they complement the operational components' activities. The guidance must be flexible and durable over time, and eliminate stovepipes that continue to hinder development of a unified culture. As my colleagues know, the Homeland Security Act of 2002 initiated the federal government's largest restructuring since the creation of the Department of Defense in 1947. While carrying out its critical mission of securing the Nation from terrorism and natural hazards, the leadership of DHS must be mindful of the major organizational, operational, and cultural issues associated with large mergers. It is indeed a challenge to unify 180,000 employees from 22 different federal agencies and programs. It is not meant as a criticism of the Secretary or any single individual at DHS to acknowledge the fact that the Department faces significant hurdles as it matures. The Department must be honest about its management challenges, and must devote focused, high-level attention to overcoming them. I am concerned that DHS continues to face a high rate of vacancies and turnover in key leadership positions, including within the Management Directorate. This issue could be further complicated as this Administration finishes its elected term. As the Chairman of the Oversight of Government Management Subcommittee, improving the management focus at DHS remains one of my top priorities. During my long career in public service, including as a Mayor and Governor, I have repeatedly observed that the path to organizational success lies in adopting best practices in management, including strategic planning, performance and accountability measures, and effectively leveraging human capital. When instituting reforms as Mayor and Governor, individuals tasked with implementation would tell me, ``We don't have time for Total Quality Management, we are too busy putting out fires.'' I appreciate that DHS is also busy putting out fires. But the connection between good management practices and operational success should not be lost. That is why the position of Under Secretary for Management is so vital to the success of the Department of Homeland Security. Mr. Schneider, if confirmed, your job will be to tackle the formidable management challenges at the Department of Homeland Security and institutionalize long-term changes that will last beyond your tenure. After reviewing your significant experience in senior management positions at the Department of Defense and the National Security Agency, I believe you are well qualified for the position of Under Secretary for Management. I appreciate your willingness to return to Federal service and make a contribution to our Nation's homeland security, and applaud your courage in accepting this nomination and the challenges it brings. Mr. Schneider, I look forward to learning of your vision for fulfilling the duties of the Under Secretary for Management. If you are confirmed, this Committee will be closely monitoring your progress. We will also help ensure you have the necessary visibility and leverage within the Department to get the job done. Accordingly, I encourage you to be as candid as possible with us about the Management Directorate's resource needs and concerns. Thank you, Madam Chairman. Chairman Collins. Thank you. Mr. Schneider has filed responses to a biographical and financial questionnaire, answered pre-hearing questions submitted by this Committee, and has had his financial statements reviewed by the Office of Government Ethics. Without objection, this information will be made part of the hearing record, with the exception of the financial data, which are on file and available for public inspection in the Committee offices. Our Committee rules require that all witnesses at nomination hearings give their testimony under oath, so Mr. Schneider, if you would please stand and raise your right hand. Do you swear that the testimony you are about to give to the Committee will be the truth, the whole truth, and nothing but the truth, so help you, God? Mr. Schneider. I do. Chairman Collins. Please be seated. Mr. Schneider, I understand that you have family members present with you today, and I would invite you to introduce them to the Committee at this time, if you would like to do so. TESTIMONY OF PAUL A. SCHNEIDER\1\ TO BE UNDER SECRETARY FOR MANAGEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY Mr. Schneider. Sure, Senator. Right behind me on my left is my wife, Leslie, and cousin Carolyn Griffin, and a row of many family friends. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Schneider appears in the Appendix on page 21. --------------------------------------------------------------------------- Chairman Collins. That is great. We welcome you all to this hearing today. We know that public service involves the entire family and that there are many sacrifices involved, so we welcome you to the hearing today. You may proceed with your statement. Mr. Schneider. Chairman Collins, Senator Lieberman, and distinguished Members of the Committee, it is an honor to appear before you today as you consider my nomination by the President to be the next Under Secretary for Management at the U.S. Department of Homeland Security. I am deeply honored and humbled that President Bush has nominated me to serve this great country and its people, and I thank Secretary Chertoff for his support throughout this process. If confirmed, I look forward to the opportunity and privilege of serving under his direction with the dedicated men and women who are working to secure our homeland and defend our freedoms. I owe this country a lot. I started at the Portsmouth Naval Shipyard in Kittery, Maine, as a 21-year-old GS-5 engineer who was obsessed with building nuclear submarines. At that point in time in history, naval shipyards actually built nuclear submarines. As I progressed up through the ranks, I was afforded a number of opportunities to serve in positions of increased responsibility, seeing and doing things that one could only have dreamed of as a kid fresh out of school. More than 40 years later, on September 11, I was in the Pentagon. I saw firsthand the devastation to which our enemies commit themselves. As I lay in the grass by the river, as we were told to do because we were advised another airplane was inbound, I saw the fire and the smoke rising from the building and I saw two F-16s flying combat air patrol over the Pentagon and the District of Columbia. Three things came to my mind. First, I was a kid who grew up in the Cold War, practicing duck-and-cover drills. I could not believe that this was happening in our country. Second, the ``battle space'' to which those in the military frequently refer to now, was not in Europe, not in the Middle East, not in the Far East, but right here in U.S. airspace. Third, I realized that our lives would never really be the same. I hope that my integrity, competence, continued willingness to serve the public trust, and ability to accomplish significant and challenging objectives demonstrate the skill set and experience needed to meet the significant responsibility required by the Under Secretary for Management's charge. If confirmed, I commit to working with you and your staff, other governmental departments and agencies, businesses, both large and small, and our international partners to make a contribution to securing our homeland for today and tomorrow. Thank you very much for this opportunity to appear here today. I am happy to answer any questions you may have. Chairman Collins. Thank you. I will start my questioning with the three standard questions that we ask of all nominees. First, is there anything that you are aware of in your background that might present a conflict of interest with the duties of the office to which you have been nominated? Mr. Schneider. No. Chairman Collins. Second, do you know of anything personal or otherwise that would in any way prevent you from fully and honorably discharging the responsibilities of the office? Mr. Schneider. No. Chairman Collins. And third, do you agree without reservation to respond to any reasonable summons to appear and testify before any duly constituted Committee of Congress if you are confirmed? Mr. Schneider. Yes. Chairman Collins. We will now start with a round of questions, limited to 6 minutes each, and there will be a second round, just so that my colleagues know that. Mr. Schneider, as you are well aware, the success of any enterprise, including that of the Department of Homeland Security, depends upon the people, the employees. Recently, a U.S. Court of Appeals for the D.C. Circuit upheld the District Court's opinion striking down part of DHS's new personnel system, the pay-for-performance plan for those DHS employees subject to collective bargaining. This is the MaxHR Pay-for- Performance Plan. It is my understanding that the Department of Justice is unlikely to appeal that decision to the Supreme Court, so the result is that the labor representatives and DHS officials will have to go back to the drawing board to design a new plan. If you are confirmed, what do you plan to do to ensure that this time a personnel system that is acceptable to both the employees and the management of the Department can be designed and successfully implemented? Mr. Schneider. Senator, I am aware in general of the issue with the Court of Appeals. I am also aware that MaxHR has six elements of the plan. Probably the most important that needs to be addressed initially is a solid performance management plan. My understanding is the court specifically struck down the segment having to do with pay. Now, I have had a lot of experience in personnel management in large organizations and especially in the Navy, where the Navy was the lead in instituting the pay-for-performance plan that has sort of served as a model for the Department of Defense as well as Homeland Security. What we learned in the Navy was you need to spend a lot of time up front in the performance management aspects because that is where many of the current pay plans, performance plans, fall apart. There needs to be conveyed between supervisor or manager and employee a clear understanding of what their responsibilities are, what they are supposed to accomplish. There needs to be frequent communications and feedback. In my experience, most plans fall apart when this is not properly communicated. It is my understanding talking to the Chief Human Capital Officer at DHS that the emphasis now is on developing and instituting a solid performance management plan across the Department. At the same time, what I have found to be very instructive is to work with the workforce, work with the unions, and have constant communications and articulate what the objectives of management are. Too often, in my experience in the Navy with dealing with labor relations, too often, you don't have that communication. There is a lack of sensitivity to the issues that the workforce and unions have. So what I would do, if confirmed, was to focus on getting a solid performance management plan instituted, establishing the appropriate forums to have that constant dialogue, and working with the workforce and the unions on structuring the pay aspects as well as grievance procedures, adverse action, and the classification elements, which are also key to making MaxHR successful. Chairman Collins. DHS also faces unusual financial management challenges that need to be addressed as it continues to integrate the components of the 22 Federal agencies into a single Department. One of the difficulties is that each agency is still dealing with a lot of legacy systems, and in many cases these are poorly-designed systems, and there, in general, is inadequate financial management. Now, there are some agencies that have worked hard. I know one has hired the consultant Deloitte, for example, and has made real progress in reducing the number of material problems identified in audits. But in general, what do you see your role as being to bring more uniformity, more consistency, and higher quality across the Department in the financial management area? Mr. Schneider. Senator, I am aware of the issues with financial management. Internal controls, which there have been numerous IG and GAO reports on that fault the Department for the lack of internal controls, I have gone through them. I have analyzed what the issues are. As you pointed out, you mentioned Deloitte. ICE hired Deloitte, I believe, to help them go look at these internal controls. They were one of the major problem areas. ICE has been turned around. I guess the largest number of internal control deficiencies are currently attributed to the Coast Guard. And so I have talked to the Chief Financial Officer, and I am aware of the plans underway, working with the appropriate leadership in the Coast Guard, with help, I believe, from Deloitte, to go tackle these internal control issues. My opinion is that if ICE was able to successfully address these issues in a timely manner, then there is no reason why the Coast Guard wouldn't be able to do the same thing. So from an internal control deficiency standpoint, I am optimistic that the Coast Guard will make great progress, and overall, that would, frankly, eliminate probably the biggest offenders relative to having weak internal controls. On the migration of financial management systems, my understanding is that there are several systems within the operating components that are good, that are satisfactory. There are some that are weak. So if confirmed, what I would do would be to see why those that are good can't be used as the model, and rather than starting off and trying to create a brand new system from whole cloth, why not migrate these poorer systems to those that are known to be satisfactory? Chairman Collins. My time has expired, so I want to yield to Senator Akaka, but I would just tell you to take a hard look at FEMA, as well. We held a hearing this morning that confirmed that the GAO has found that due to lack of good management and an absence of internal controls, that FEMA had some $1 billion in improper and fraudulent payments in the wake of Hurricane Katrina, clearly a completely unacceptable situation. So I would add FEMA to the top of your priority list in that area. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. Before getting to my question, I just want to add to my statement that I have enjoyed working with Senator Voinovich in Committee and the Subcommitte he chairs. We did a lot on government management and the Federal workforce issues, as well as with the District of Columbia. I just want him to know that I look forward to working with him. And also to add to the Chairman's comments that I made, that I have really appreciated the comity in which she led this Committee and has done a great job with that. Mr. Schneider, I want to thank you for your statement. I felt your statement was heartfelt and demonstrates how you will be handling your responsibilities. This is a good beginning for me. Senator Collins has mentioned the DHS court decision. The Homeland Security Act of 2002 ensured that DHS employees would continue to have collective bargaining rights. However, the regulations issued by the Department last year were found to violate that requirement by the U.S. Court of Appeals for the District of Columbia. My question to you is will you commit to this Committee that you will comply fully with the statutory obligation and ensure collective bargaining rights at DHS, if confirmed as Under Secretary for Management? Mr. Schneider. Senator, if confirmed, I will commit to carrying out the collective bargaining responsibilities as required by law, regulation. I think that is an inherent part of good management, if you will, because this workforce is absolutely key to securing the homeland and protecting our borders. That is part of the world I have come from in the Navy, where whether it is at naval shipyards, aviation depots, laboratories, etc., and I believe that I have a reputation for frank and open communications with the leadership of the collective bargaining units. Senator Akaka. Thank you. Mr. Schneider, much of your professional experience is with the Department of Defense, so you understand DOD's management culture, which generally retains reporting authority within the component or service. There are some real pluses to such a chain of command approach, and there are some real minuses that unfortunately lead to significant inefficiencies, mismanagement, and internal system failures. Too many times, Congress has had to mandate structural changes by statute, and too many times, these requirements have been ignored by DOD. Last year, Deputy Secretary England stood up the Business Transformation Agency, which is a step in the right direction and one that I hope will lead to broader control department- wide. You have provided this Committee with the areas that you will focus on to lead change. What I would like to know is what immediate steps you will take to review the current organization structure within the Management Directorate and whether you believe a BTA approach for DHS could work. Mr. Schneider. Senator, first, I am very familiar with DOD's Business Transformation Office. I worked for Secretary England when he was the Secretary of the Navy, and I guess, when Secretary Rumsfeld took over as Secretary of Defense across the services, we were asked to put together, if you will, to actually start the business transformation operation. A large portion of the, I will call it the core team that was put in place were people that worked for me in the Navy. It had the management attention directly of Secretary England, who then had to report to the Secretary of Defense. It has been subsequently institutionalized in its current form. One of the things I would do, if I confirmed, is I would look at--there is, from what I understand, a Business Transformation Office in the Department of Homeland Security. I would look at the structure of that. I would look at the areas that they are currently looking at. And based on my experience in terms of the areas that the business transformation operation ought to look at, see if, in fact, these efforts are properly focused and, if not, take whatever action was required to get them on track. Senator Akaka. I am glad to hear your approach. From all of your experiences, I look forward to you being successful in doing that. My time has just expired. Chairman Collins. Thank you. Senator Voinovich. Senator Voinovich. Mr. Schneider, I question whether the Under Secretary for Management has sufficient authority to direct overreaching management integration and strategy across the Department. In fact, I heard through the grapevine that your predecessor felt rather frustrated in terms of getting the job done, and that is one of the reasons why she decided to leave. As Senator Akaka has mentioned, we introduced the Homeland Security Restructuring Act of 2000, which would elevate the management responsibilities within the Department to the Deputy Secretary level. From what you have observed of the Under Secretary for Management position and the various chief officers within the Management Directorate, do you think the office to which you have been nominated possesses adequate authority to effect change throughout the Department? If confirmed, how will you work within the existing dual-accountability command structure to ensure that influence of the Management Directorate is robust enough to ensure a common culture of management excellence throughout the Department? Finally, what other positions have you held in the past in which you have not had sufficient authority but you were nevertheless able to accomplish your objectives? Mr. Schneider. Senator, on the first part, when you mentioned the deputy--recommending elevating to a Deputy Secretary, was that in S. 1712? I reviewed that proposed legislation that proposes elevating the position to the Deputy Secretary for Management, and I compared it very closely to the Homeland Security Act, and it appears that there are some very specific changes, one in terms of tenure. I believe it proposes a 5-year tenure. I envision the Under Secretary for Management by the authorities that are invested in that position by law, that Homeland Security Act, and by my detailed discussions with the Secretary and Deputy Secretary that in practice, even though I would not be called a Deputy Secretary, but in practice, there is absolutely no doubt in my mind that I am like a Chief Operating Officer of a department. And part of that has to do with the law is very helpful because that Act very clearly specifies what authorities I would have. What is even more helpful is the obvious confidence that the Secretary and the Deputy Secretary have in me, and that will become very obvious to the leadership in the Department. I think the third element that makes this work and why I believe that on the surface I would have all the authorities that I need is because of the power of the personality, and I am not a shy person. I know how to take action and to be aggressive, and I think between what is specified in law, the relationship that I would have with the Secretary, and the nature of how I do business, that those are sufficient tools for me to be successful. On your second part of this question regarding dual accountability, DOD, in fact, does have dual accountability. I mean, you have a comptroller, you have an acquisition executive, you have the Under Secretary of Defense for Personnel, and they do not have, with one exception and that is on the acquisition side, in general, line authority over the service components. They basically effect control by policy and procedures and exercising oversight where it is needed. I have lived in that process. I know from the service standpoint the kind of help that I used to get from the DOD at the DOD level, and I think that the business unit chiefs, whether it is the CIO, the Human Capital Officer, and the Chief Financial Officer, by policy and by procedures and oversight appear to me to have sufficient authority to go do their jobs. I think in the case of the Chief Procurement Officer, she has even stronger control. She can do several things. She can pull the warrant of a contracting officer in one of the operating components. She can specify her review of any procurement above within a certain threshold. She can issue policies that say, I don't want you to use these types of contracts in these situations. She, today, has a tremendous amount of authority. Regarding the third part of your question, my past experience, I have always pushed, if you will, the edge of the envelope, and I believe the secret to success has been my competence, but more importantly, the confidence that my leadership has shown in me and the latitude that they have given for me to basically define the job. You are always going to have a give and take, and that is part of the way business gets done, but I don't recall, frankly, anything where I was really limited, if you will. Senator Voinovich. Thank you. Chairman Collins. Mr. Schneider, many of the Federal Government's more experienced acquisition personnel are now eligible for retirement. Reforms are also placing new demands on the acquisition workforce. Acquisition staff must have a greater knowledge than ever before of technology, of market conditions, of industry trends, of the technical details of the services and commodities that they procure. At the same time, we have seen the number of procurement actions increase by 12 percent with the greatest amount of work coming on contracting actions over the simplified acquisition threshold of $100,000. In other words, the procurement workforce is being asked truly to do more with less. I am concerned that we are rapidly losing the personnel workforce that is needed to manage procurement of increasing complexity. In addition, we are not seeing an influx of younger people to replace the procurement staff that are eligible for retirement or about to retire. We have also seen the problems that have occurred at FEMA because of understaffing in the procurement workforce, understaffing that in the end ends up costing us far more than if those positions had been filled. What additional tools do you believe are necessary at DHS to ensure the recruitment and retention of highly qualified individuals to the acquisition workforce? Mr. Schneider. Senator, I think for starters I have reviewed the recent FEMA Act. I was encouraged to see a couple of really major incentives in there where FEMA was granted the authority to pay bonuses for recruitment as well as for retention up to about roughly 25 percent of salary. That goes a long way in trying to make FEMA, if you will, a desired place to work. I think the other aspect of it, and that is not to say that is going to solve the large number of vacancies, there needs to be aggressive recruiting programs. I have spoken to the Director of Management at FEMA, somebody I have known for a long time, and the Chief Human Capital Officer. They have a series of what I would consider to be very aggressive actions to initiate intern programs in the critical disciplines, aggressive hiring with teams of people that target specific geographic areas, and so I think I am satisfied that from the interim standpoint that they can make great progress. I think a bigger problem, quite frankly, is at the mid- level, especially on the contracting officers. From the time a boot intern walks in the door until the time they are a journeyman contracting officer takes a long time. So what is really needed is that we need to have an influx at the mid- level. That is going to require, I believe, getting the word that the Department of Homeland Security is the place to be. In the 1970s and the 1960s when I grew up, it was either Defense or Space. I think the place where the action is for this time and for the near-term future is in Homeland Security, and I think the Department has to do a better job of advertising why Homeland Security is the place to work, and frankly, I believe a lot of personal recruiting at the mid- level would help go a long way. Chairman Collins. Certain of DHS components, certain agencies within the Department, in order to carry out their mission, must compile and maintain personal information on American citizens. We have seen earlier this year very disturbing incidents where, for example, at the Veterans Administration a computer containing personal data on millions of veterans was stolen. What can you do and what will you do to minimize the risk that personal information stored on DHS computers and in DHS information systems is not compromised? In other words, have you looked at the computer security policies of the Department? Mr. Schneider. Senator, I have not looked at the computer security policies of the Department, but from my previous experience, I know there are things you can do, starting with the encryption of hard drives and the like. I think in this particular area, and I recognize the sensitivity, I believe that the Deputy Director of the Office of Management and Budget for Management, Clay Johnson, III, has issued three memos, which I have read, one in May, one in June, and most recently in September 2006, that talk about very specific policies, procedures, and what happens in the case of, I believe it is called, personal identifiable information. So I believe there is a blueprint out there of steps that need to be taken for prevention and specific actions in terms of notifications, both--if, in fact, there is a loss of PII. Chairman Collins. Thank you. Senator Akaka. Senator Akaka. Thank you very much, Madam Chairman. Mr. Schneider, as a retired Federal employee who returned to Federal service after September 11, you appreciate the need to attract and retain skilled and trained workers, especially those safeguarding the Nation against manmade and natural disasters. Many of these jobs are inherently governmental, which is why it is so important that DHS ensures that it has the personnel and resources to carry out its mission. As an example, the Chairman spoke on FEMA and the champion of Federal employees, Senator Voinovich. Mr. Schneider, I would appreciate your assurance that Congress will receive regular updates on the Department's use of training funds, retention bonuses, student loan repayments, and other efforts to recruit and retain a skilled workforce. I also ask that the DHS Chief Human Capital Officer regularly meet with this Committee's staff to keep us informed of the agency's use of personnel flexibilities. Do you have any comment on that? Mr. Schneider. Senator, no. I support that. I have met with the Chief Human Capital Officer. She has been in the job, I think, about 60 days. She is a dynamo, and she has had tremendous experience, if you will, both at the State level in OPM, she has had extensive experience in how to use these types of incentives, and I am personally thrilled that, if confirmed, I would have the opportunity to work for her in these types of efforts. And I would commit, if confirmed, to provide you and the staff any information that you would want in this particular type of area. These are some of the metrics, Senator, that if I was confirmed that I would use to gauge how well are we using these tools that are available and is there some measure of effectiveness of what it is costing versus what the return is. Senator Akaka. Thank you for that response. I think we can both agree, Mr. Schneider, how important it is for DHS to have strong recruitment and retention policies. With this in mind, I would like to discuss a situation that has arisen with the Federal Protective Service at DHS. The press reports that FPS faces a $42 million shortfall. To address this financial problem, DHS announced it will offer early retirement to FPS personnel and end retention bonuses, which would save about $3 million. I am wondering if human capital decisions are adequately factored into this funding decision. I would appreciate your looking into this situation and getting back to the Committee on this. Mr. Schneider. Senator, if confirmed, I would do that. Senator Akaka. Are you aware of that situation? Mr. Schneider. Somebody briefly mentioned it to me the other day, but I did not probe into it. Senator Akaka. Mr. Schneider, a Gallup survey released yesterday found that although government employment is attractive to young adults, there are many obstacles to overcome in the recruitment of younger employees. I was interested to see, however, that agencies involved in national security, including DHS, scored high with those surveyed. In fact, DHS scored number four out of 25 agencies in terms of employment interest. Nonetheless, DHS scored second to last in employee satisfaction of the 30 agencies ranked by a 2005 survey of employed Federal workers. Given these two surveys I have just mentioned, how would you address the perception of those who might be interested in working for DHS versus those who currently work for DHS? Mr. Schneider. Well, on the first survey, it is encouraging because it shows that DHS is where the action is for the future, so if you want to make a contribution, that is the place to work. So I would expand on that. On the second survey that you mentioned, I think it is a responsibility of leadership to convey--to make the workforce a place where people want to come to, and that is where they like it. It is not just the work that they like, but they trust their management, they feel that the management listens, and there is an environment of open communications back and forth. I think this is a leadership issue, and if confirmed, I believe I can be of help, if you will, in energizing the leadership to focus on that type of an issue. Unless the Department or any agency has a reputation as a good place to work because the leadership listens, you are not going to attract people and this Department would be down in the cellar. I think it is really a leadership issue, and the employees have to have the confidence that their management listens and that they can trust them. Senator Akaka. I thank you very much for your responses, Mr. Schneider. Thank you. Chairman Collins. Thank you. Senator Voinovich. Senator Voinovich. Mr. Schneider, building on what Senator Akaka just discussed with you, I would like to have in writing your plan to change the attitude of the people in the Department in terms of their job satisfaction. This will enable the Committee to monitor the program that you are going to institute and revisit the issue a year from now to see whether or not it has made a difference. Second, before I forget it, I would like to say that I am very much impressed with your familiarity with the Department. I have sat through a lot of these hearings, and you seem to be more familiar with the operation and the job to which you have been nominated than anyone that I have heard in recent times. I congratulate you, and if your preparation for today's hearing is any indication of the success you are going to have, I think you are going to do a good job. Mr. Schneider. Thank you very much, Senator. Senator Voinovich. Mr. Schneider, you have the responsibility for overseeing the Department's budget and appropriation requests and expenditure of funds. Since 2002, the Federal Government has more than tripled government-wide spending related to non-defense homeland security, a big increase. I continue to believe that DHS needs to do a better job of conducting risk assessments and allocating our limited budgetary resources based upon risk and strategic planning priorities. Do you agree? Mr. Schneider. Yes, I do. I think, frankly, Senator, one of the reasons I believe that Secretary Chertoff and the Deputy Secretary found me as an attractive candidate for this position is my ability to take a look at an entire effort, and it is what is the objective, what are the requirements, how is it going to be used, what are the cost trades relative to different levels of performance, understanding what the total cost of the effort is as opposed to this fiscal year it is going to cost X-number of dollars and next fiscal year it is going to cost Y-number of dollars. That is the world I come from. I have been responsible for making a lot of those types of decisions where resources are limited and the number of opportunities are great. What I would do is to look at the current processes. There are several that are in place right now. A Joint Requirements Board is an investment requirements review board. I have already talked to the Deputy Secretary about this. This is one of his priorities for me, and I believe we are on a common mindset of what needs to be done. There needs to be a total understanding of what the major expenditure is going to be and what the options are. There is usually more than one option, and a lot has to do with maybe the 99 percent solution 10 years from now at X-number of dollars is not the right answer. Maybe the 70 percent solution 5 years from now with substantially less dollar investment is the right answer. That is the type of process that I have lived in and grown up in. That is the process that I believe has instilled discipline in the Defense Department, and what I would try to do is to see how the existing processes within the Department would need to be strengthened in order to give management a better insight into the decisionmaking process. Senator Voinovich. Well, I must say to you that DOD leaves a lot to be desired. Mr. Schneider. Yes, sir. Senator Voinovich. Of the items on GAO's high-risk list, I believe eight of them are Department of Defense programs and six of them are government-wide programs for which the Department of Defense shares some responsibility. We are doing oversight on the supply chain management and security clearance procurement process. So I hope that you don't look at that operation as a model. As a matter of fact, I think that if you were to look at the most recent high-risk list, you would find that DHS is very high on Comptroller General Walker's list. So I guess I am saying to you I am not that impressed with what the Department of Defense has done in the past. I think we can do better than that. Mr. Schneider. Yes, sir. If I may, I think one of the things when I was at NSA that we did was we tailored the DOD process where we thought it had some strengths and we discarded some of those areas where we thought it was weak. Senator Voinovich. In terms of the budget process, what concerns me, and maybe this is because I am an old mayor and a governor, is the Department's allocation of resources. The Department has had a continued increase in terms of their budget as contrasted to some of the other non-defense discretionary spending. But if you examine current spending, you can identify items that may not be as high a priority as something else that the Department has been asked to do. You will also find that this Committee is going to have all kinds of ideas about other things that you ought to fund that unfortunately come with a very large price tag. You can't do it all. One of the things that is of concern to me right now is our spending on border security. If you talk to Judd Gregg, who is head of the Appropriations Committee for Homeland Security, he will tell you that there isn't enough money for us to get the job done. You are going to be asked to get the job done, and the issue then becomes, how much money are you going to really need to get the job done, are you going to request those dollars in the 2008 budget, or are you going to be told by OMB that you will have to decrease funding for another priority in order to have the resources necessary for the task at hand? There has got to be a point where you make the determination that what we are going to have to depend upon is the intelligence to decrease our vulnerability to attack. I plan to spend a lot of time on the Department's budget because I think part of our problem here is that we don't have a broad picture of our homeland security activities, of the associated allocation of resources, and on understanding how we can get the best return on our investment. I am hoping to talk with you more about that as you take on this job. Mr. Schneider. Yes, sir. Senator Voinovich. Thank you, Madam Chairman, for the time. Chairman Collins. Thank you. I would like to thank Mr. Schneider for appearing before the Committee today. It is my hope that this Committee will act on your nomination before we adjourn so that you can be considered by the full Senate. I think your position is a very important one, and given the widespread support for your nomination and your excellent performance today, my hope is that we can take the Bob Gates model and act that quickly to approve you and get you on the job because the Department really does need you. You can facilitate that by returning very quickly the additional questions that I and others may have for you. Without objection, the record will be kept open until noon tomorrow for the submission of any additional written questions or statements for the record. The sooner you turn those around, the happier I will be because then we can move to considering your nomination. I want to join Senator Voinovich in thanking you for your public service, for returning to public service. I think that your background is exactly what the Department needs, and I am pleased to lend my voice in support of your nomination, as well. This hearing is now adjourned. Thank you. [Whereupon, at 4:05 p.m., the Committee was adjourned.] A P P E N D I X ---------- PREPARED STATEMENT OF SENATOR LIEBERMAN Thank you, Madam Chairman and welcome to you Mr. Schneider. The position for which you have been nominated--Department of Homeland Security Under Secretary for Management--is unusual, if not unique, in the Federal Government. If confirmed, you will be responsible for core, cross-Department functions such as budget and financial management, procurement, IT systems, and human resources, and the Management Directorate that you will lead will be central to addressing some of the key challenges facing DHS. When we created DHS 4 years ago, it was with the intent to bring together the Federal Government's previously balkanized antiterrorism resources in one Department and to take advantage of the synergies that resulted. By doing so, I am confident that we have made the country safer. As the Department matures, however, there continue to be growing pains, and the Under Secretary for Management plays a central role in ensuring that a coherent Department emerges out of DHS's many component entities. Moreover, if the Department is to succeed in its ultimate mission of protecting the Nation from man-made and natural disasters, it must be run well, with its resources managed wisely and an ability to attract a sufficient and talented workforce. It will fall in large measure to you--if you are confirmed--to ensure that is so. I am interested in hearing from you today how you will address some of the most pressing management challenges faced by the Department. For example, how are you going to help the Department build the stable and experienced workforce it needs to carry out vital homeland security missions. The Department continues to face major challenges in recruiting, training, and retaining personnel to ensure that the workforce contains the skills needed by the diverse components of the Department. Much work remains in establishing the human resources management system that Congress authorized in the Homeland Security Act, especially now that a Federal court has blocked portions of the Department's regulations establishing that system. I am also interested in hearing your ideas about how to establish a performance management system that inspires the best effort and performance from our workforce, that is objective, reliable, and transparent, and that contains other safeguards to ensure that the system is fair and effective. I am also interested in your ideas for ensuring effective implementation of the FEMA restructuring legislation that Senator Collins and I introduced and that was signed into law as part of the Homeland Security appropriations bill this fall. As I'm sure you know, the organizational changes mandated by that legislation are required to be in place by March 31, 2007, and other provisions of the law take effect earlier. I would like to hear from you what steps you will take and what your role will be in ensuring that the changes mandated by the law are implemented effectively and on time. Another critical area for which you will be responsible is procurement. The Washington Post recently publicized an outside study of the Department's procurement operations that found glaring and systematic deficiencies in many of the contract files it reviewed. The Department since its inception also has been embarrassed by a series of cost overruns on large contracts totaling hundreds of millions of dollars. Furthermore, the Department's increasing reliance on less- than-fully-competitive contracting procedures is depriving the Department--and the U.S. taxpayers--of the best value for its dollars. I am interested in hearing from you what actions you intend to take to improve the Department's acquisition management system and ensure that the Department is spending its contracting funds wisely and engaging in effective oversight of its contracts. Improving and integrating the Department's information technology systems is another significant challenge. In FY07, the budget for DHS's IT investments will reach $4.16 billion. Yet, according to a report released by the President's Management Council in October, DHS could defend less than half of its IT investments. I would like to hear how you would work with the Chief Information Officer to improve IT management at the Department. Mr. Schneider, you have a formidable record of 40 years of experience, largely in the Federal government, including as Principal Deputy Assistant Secretary of the Navy for Research, Development and Acquisition and Senior Acquisition Executive for the National Security Agency, and I am hopeful this considerable experience will serve you well if you are confirmed in this post. Certainly, the myriad management challenges of the still-new Department can be daunting. But it is also essential that these challenges be met and conquered if the Department is to live up to its potential and effectively protect the nation's citizens. 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