II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Home5 land Security Qualified Leaders Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Department of Homeland Security, a 

9 large organization comprised of 180,000 employees 
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1 and 22 legacy agencies, has a complex mission of se2 curing the homeland from man-made and natural 

3 disasters; 

4 (2) the Department and the agencies within re5 quire strong leadership from proven managers with 

6 significant experience in their respective fields; and 

7 (3) the majority of positions requiring Senate 

8 confirmation at the Department do not have min9 imum qualifications. 

10 SEC. 3. QUALIFICATIONS OF CERTAIN SENIOR OFFICERS. 

11 (a) IN GENERAL.—The Homeland Security Act of 

12 2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

13 section 103 the following: 

14 ‘‘SEC. 104. QUALIFICATIONS OF CERTAIN SENIOR OFFI15 CERS. 

16 ‘‘(a) EXECUTIVE SCHEDULE LEVEL II OR III POSI17 TIONS.— 

18 ‘‘(1) POSITIONS.—This subsection shall apply 

19 to any position in the Department that— 

20 ‘‘(A) requires appointment by the Presi21 dent, by and with the advice and consent of the 

22 Senate; and 

23 ‘‘(B) is at level II or III of the Executive 

24 Schedule under section 5313 or 5314 of title 5, 

25 United States Code, (including any position for 
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1 which the rate of pay is determined by ref2 erence to level II or III of the Executive Sched3 ule). 

4 ‘‘(2) ADDITIONAL QUALIFICATIONS.—In addi5 tion to any other qualification applicable to a posi6 tion described under paragraph (1), any individual 

7 appointed to such a position shall possess— 

8 ‘‘(A) at least 5 years of executive leader9 ship and management experience in the public 

10 or private sector; 

11 ‘‘(B) at least 5 years of significant experi12 ence in a field relevant to the position for which 

13 the individual is nominated; and 

14 ‘‘(C) a demonstrated ability to manage a 

15 substantial staff and budget. 

16 ‘‘(b) EXECUTIVE SCHEDULE LEVEL IV POSI17 TIONS.— 

18 ‘‘(1) POSITIONS.—This subsection shall apply 

19 to any position in the Department that— 

20 ‘‘(A) requires appointment by the Presi21 dent, by and with the advice and consent of the 

22 Senate; and 

23 ‘‘(B) is at level IV of the Executive Sched24 ule under section 5315 of title 5, United States 

25 Code, (including any position for which the rate 
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1 of pay is determined by reference to level IV of 

2 the Executive Schedule). 

3 ‘‘(2) ADDITIONAL QUALIFICATIONS.—In addi4 tion to any other qualification applicable to a posi5 tion described under paragraph (1), any individual 

6 appointed to such a position shall possess— 

7 ‘‘(A) significant executive leadership and 

8 management experience in the public or private 

9 sector; 

10 ‘‘(B) at least 5 years of significant experi11 ence in a field relevant to the position for which 

12 the individual is nominated; and 

13 ‘‘(C) a demonstrated ability to manage a 

14 substantial staff and budget. 

15 ‘‘(c) EXCEPTIONS.—This section shall not apply to 

16 the position of— 

17 ‘‘(1) the Secretary; 

18 ‘‘(2) the Deputy Secretary of Homeland Secu19 rity; or 

20 ‘‘(3) the Commandant of the Coast Guard. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to lessen any qualification other23 wise required of any position. 

24 ‘‘(e) SENSE OF CONGRESS.—It is the sense of Con25 gress that individuals nominated by the President for the 
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1 positions of Secretary and Deputy Secretary of Homeland 

2 Security should possess significant management experi3 ence and expertise in a relevant field because of the signifi4 cant level of responsibility entrusted to these individuals.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of contents in section 1 of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 101) is amended by inserting 

8 after the item relating to section 103 the following: 

‘‘Sec. 104. Qualifications of certain senior officers.’’. 

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