Hearing of the Senate Committee on Homeland Security and Governmental Affairs - Nomination of Governor Janet Napolitano to be Secretary of Homeland Security

Hearing of the Senate Committee on Homeland Security and Governmental Affairs - Nomination of Governor Janet Napolitano to be Secretary of Homeland Security

Senator Akaka's remarks prepared for the record appear below.

Governor Napolitano, please accept my congratulations on your nomination to be Secretary for the Department of Homeland Security (DHS). I welcome you and your family today.

The new Secretary of Homeland Security will face enormous challenges. As I have stated before, I believe DHS represents the most serious management challenge in the federal government today. The Department of Homeland Security has been on the Government Accountability Office's "High Risk List" since 2003. Reforming the Department to be more efficient and effective in its efforts to keep the Nation safe, while ensuring that DHS respects privacy, civil rights and civil liberties in all of its actions, will require dedication and innovative solutions.

I urge you to focus closely on the Department's management functions, if you are confirmed. A key strategy for improving management will be to empower the Under Secretary for Management with the authority and resources to further develop coordination between DHS's numerous agencies and directorates.

I am particularly concerned about the Department's acquisition management. There continues to be poor planning and oversight of major contracts at DHS, most notably the U.S. Customs and Border Protection's Secure Border Initiative ("SBInet") virtual fence. The Department needs to act aggressively to recruit more acquisition professionals to develop and oversee contracts at DHS.

A well managed organization also must invest in its workforce in order to achieve results. DHS continues to struggle with poor morale, as well as recruiting and retaining employees. To be an employer of choice, employees must have input in management decisions and basic worker protections, such as collective bargaining rights. Working in close partnership with employees and their representatives is critical for restoring trust and improving employee morale and performance. In particular, as President-elect Obama has stated, Transportation Security Officers should be granted collective bargaining rights. The lack of basic worker protections has contributed to the Transportation Security Administration having one of the highest levels of attrition, discrimination complaints, and workers' compensation claims in the Federal government.

The same can be said for other DHS employees and in particular employees of the Department's headquarters, which was ranked 216 out of 220 agencies on the Partnership for Public Service's 2008 Best Places to Work in the Federal Government rankings. The Department and its components need to make better use of hiring flexibilities and invest in the workforce through student loan repayment program, professional development, and mentorship programs. These investments and many other authorized management flexibilities can help the Department improve recruitment, hiring, and retention of employees. Continually losing trained and talented employees may jeopardize our security.

As I stated during Secretary Chertoff's nomination hearing four years ago, the price of security should never erode our constitutional freedoms. There is an urgent need to review and revise policies at DHS that infringe on privacy and civil liberties. For example, DHS's policy on searches of laptops and other electronic equipment at the border raises privacy concerns and should be reviewed.

In addition, the REAL ID Act poses privacy and other concerns. The REAL ID Act does not contain adequate protections for personal information that will be contained on REAL ID cards and in linked state databases. Furthermore, as you are well aware, REAL ID imposes large costs on the states. Numerous states, including Arizona, have passed legislation rejecting REAL ID. Air travel could be greatly disrupted if the problems with REAL ID are not resolved by the end of 2009, when the current extensions for REAL ID compliance expire. This would particularly harm Hawaii, as our economy is heavily dependent on tourism and most people arrive by air. It is time to repeal REAL ID and replace it with a solution that has state support and privacy protections.

Governor Napolitano, I want to thank you for your dedication to public service - as a U.S. Attorney, an Attorney General, as Governor of Arizona, and, I anticipate, as Secretary of Homeland Security. I look forward to working closely with you to protect our country and implementing reform.

Thank you Mr. Chairman.

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