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53–117 PDF 2011

S. Hrg. 111–882 

NOMINATIONS OF HON. ERNEST W. DUBESTER, 

JULIA AKINS CLARK, AND RAFAEL BORRAS 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

OF THE

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF HON. ERNEST W. DUBESTER TO BE A MEMBER, FEDERAL LABOR RELATIONS AUTHORITY; JULIA AKINS CLARK TO BE 

GENERAL COUNSEL, FEDERAL LABOR RELATIONS AUTHORITY; AND 

RAFAEL BORRAS TO BE UNDER SECRETARY FOR MANAGEMENT, U.S. 

DEPARTMENT OF HOMELAND SECURITY 

JULY 29, 2009 

Available via http://www.gpoaccess.gov/congress/index.html 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 

(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

MICHAEL F. BENNET, Colorado 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MICHAEL L. ALEXANDER, Staff Director 

KRISTINE V. LAM, Professional Staff Member 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

JENNIFER L. TARR, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 

PATRICIA R. HOGAN, Publications Clerk and GPO Detailee 

LAURA W. KILBRIDE, Hearing Clerk 

(III) 

C O N T E N T S 

Opening statements: Page 

Senator Akaka .................................................................................................. 1 

Senator Voinovich ............................................................................................. 3 

Senator Collins ................................................................................................. 17 

Prepared statements: 

Senator Akaka .................................................................................................. 31 

Senator Voinovich ............................................................................................. 34 

WITNESSES 

WEDNESDAY, JULY 29, 2009 

Hon. Ernest W. Dubester to be a Member, Federal Labor Relations Authority 4 

Julia Akins Clark to be General Counsel, Federal Labor Relations Authority .. 5 

Rafael Borras to be Under Secretary for Management, U.S. Department of 

Homeland Security ............................................................................................... 18 

ALPHABETICAL LIST OF WITNESSES

Borras, Rafael: 

Testimony .......................................................................................................... 18 

Prepared statement .......................................................................................... 87 

Biographical and financial information .......................................................... 90 

Letter from the Office of Government Ethics ................................................. 98 

Responses to pre-hearing questions ................................................................ 99 

Responses to post-hearing questions for the Record ..................................... 143 

Letters of Support ............................................................................................. 153 

Clark, Julia Akins: 

Testimony .......................................................................................................... 5 

Prepared statement .......................................................................................... 60 

Biographical and financial information .......................................................... 63 

Letter from the Office of Government Ethics ................................................. 73 

Responses to pre-hearing questions ................................................................ 74 

Dubester, Hon. Ernest W.: 

Testimony .......................................................................................................... 4 

Prepared statement .......................................................................................... 36 

Biographical and financial information .......................................................... 38 

Letter from the Office of Government Ethics ................................................. 48 

Responses to pre-hearing questions ................................................................ 49 

(1) 

NOMINATIONS OF HON. ERNEST W. DUBESTER, JULIA AKINS CLARK, AND RAFAEL 

BORRAS 

WEDNESDAY, JULY 29, 2009 

U.S. SENATE,

COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 3:07 p.m., in room 

SD–342, Dirksen Senate Office Building, Hon. Daniel K. Akaka, 

presiding. 

Present: Senators Akaka, Collins, and Voinovich. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. The hearing of the Senate Committee on Homeland Security and Governmental Affairs will come to order. 

Good afternoon and welcome to all of you here today. 

Today, the Committee on Homeland Security and Governmental 

Affairs meets to consider the nominations of Ernest Dubester to be 

a Member of the Federal Labor Relations Authority (FLRA), Julia 

Clark to be General Counsel of the Federal Labor Relations Authority, and Rafael Borras to be Under Secretary for Management, 

U.S. Department of Homeland Security (DHS), whom we will introduce later in the hearing. 

Mr. Dubester attended Boston College and received his law degree at Catholic University. Mr. Dubester has been involved in 

public service since 1975. After graduating from law school, he 

worked as legal counsel to the National Labor Relations Board. 

In 1993, President Clinton nominated Mr. Dubester to serve on 

the National Mediation Board (NMB), and the Senate unanimously 

confirmed him. He became the chairman of the NMB in 1993. Mr. 

Dubester also has taught law at the George Mason University 

School of Law and the Catholic University School of Law. 

Ms. Clark graduated from Oklahoma Baptist University and received her law degree from the Washington College of Law at 

American University. For the past 14 years, she has served as general counsel to the International Federation of Professional and 

Technical Engineers, a union that represents dedicated Federal 

employees throughout the country, including many in my home 

state of Hawaii. 

The positions for which Mr. Dubester and Ms. Clark have been 

nominated are among the most important to Federal employees. If 

2 

confirmed, I expect these nominees to be strong advocates for fair 

employment practices in the Federal Government. 

I want to congratulate you both on your nominations to these important positions and welcome your families. I understand that you 

both have some family and friends in the audience, and I want to 

give you the opportunity to introduce them to the Committee. 

Mr. Dubester, will you begin with your introduction? 

Mr. DUBESTER. Thank you, Mr. Chairman. The most important 

member of my family is here, my wife, Karen Kremer. When I met 

her for the first time, about 22 years ago, she was working for Senator Howell Heflin on the Senate Judiciary Committee. Now she 

works for the Administrative Office of the U.S. Courts, and she recently reached the milestone of 25 years of Federal Government 

service. 

Sitting directly behind her are two of our friends, George 

Honyara, who also happened to work for the Federal Government 

almost 25 years, and Jim Pope. 

Senator AKAKA. Thank you. I want to welcome your wife, Karen, 

and your friends who are here. And I would also like to welcome 

all of your supporters who are here. 

Mr. DUBESTER. Thank you. 

Senator AKAKA. Will you please introduce your family and 

friends, Ms. Clark? 

Ms. CLARK. Yes. Thank you, Chairman Akaka, for giving me that 

opportunity. My mother and father are here, Jack and Loreen 

Akins from Denton, Texas. My brother and sister-in-law, Tim and 

Debbie Akins, are here from Highland Village, Texas. My brotherin-law, Chris Clark, is here from St. Louis, Missouri. In addition, 

my step-daughter, Lisa Nichole Clark, is here, and my grandson, 

her son, Drake Clark, is here. And behind me is my husband, Nick 

Clark. Thank you. 

Senator AKAKA. Welcome to all of you here today. I want to say 

aloha and welcome. We are happy to have all of you here today. 

Mr. Dubester and Ms. Clark, your nominations come at a critical 

juncture for the FLRA. The FLRA is responsible for providing leadership in establishing policies and guidance relating to Federal sector labor relations. It also resolves complaints of unfair labor practices and decides issues involving Federal union representation. 

These are very important responsibilities. For far too long, however, the FLRA has failed to carry out its mission. The FLRA has 

been without a general counsel since February 2008. Moreover, 

prior to October 2008, the FLRA had only one member. Last year, 

I am glad we were able to fill two of the seats; however, it is better 

to have a full complement. Personnel shortages have led to a serious backlog of cases at the FLRA, and I trust you will work to reinvigorate the FLRA. 

I am also concerned about low employee morale at the FLRA. In 

the Partnership for Public Service’s 2009 Best Places to Work 

rankings, the FLRA ranked last among small Federal agencies. 

The FLRA received the lowest score in several categories, including 

effective leadership, strategic management, and employee training 

and development. Clearly, big changes are needed to address these 

serious issues. I look forward to hearing the nominees’ thoughts on 

these issues. 

3 

During the past Administration, Federal employees and their 

representatives at times believed their views were not adequately 

considered when changes to Federal programs and workplace policies were made. In your roles, if confirmed, you can help rebuild 

strong partnerships between unions and management throughout 

the Federal Government, which I believe is necessary to help agencies best carry out their missions. 

I am happy to have my good friend and partner, Senator 

Voinovich, here with me today, and he can speak from experience 

on some of these concerns. For many years, Senator Voinovich and 

I have sat on this Committee together and worked to address problems in the Federal workforce. Senator Voinovich has proven himself to be a champion of these issues 

Senator Voinovich, would you please make your opening statement at this time? 

OPENING STATEMENT OF SENATOR VOINOVICH 

Senator VOINOVICH. Thank you, Senator Akaka. You have done 

a pretty good job of laying out the challenges here. I wonder if the 

same staff member who wrote your statement wrote mine. [Laughter.] 

I am pleased to be here to review the qualifications of two individuals nominated by the President of the United States to fill important positions at the Federal Labor Relations Authority. From 

what I can see, the President has nominated two very qualified individuals for those positions. 

I commend both of you for your willingness to serve your country 

at this important time in the FLRA’s history. As you well know, 

the Authority faces significant challenges in its attempt to fulfill its 

statutory mandate to encourage ‘‘efficient operations of the Government’’ through positive labor-management relationships. 

Senator Akaka and I have talked about this, but you are only as 

good as your team, and it is really too bad that the FLRA has fallen so far down that the Partnership for Public Service has said it 

is ranked last in overall employee satisfaction among small agencies. So you both are going to have a challenge to change that poor 

ranking, and I would be interested to get your insights into how 

you think you can get that done. 

The FLRA’s case backlog is intolerable. I ran into a couple of my 

good friends from the trade unions yesterday, and I said that I just 

wish, Senator Akaka, that somebody had called to tell us how far 

behind the FLRA had fallen in processing cases because maybe we 

could have done something earlier to get some needed folks over 

there. So that is another challenge that you have. 

I understand that the FLRA has crafted some performance goals 

to try to eliminate the case backlog, and I think it is going to take 

that plan plus some innovative strategies for disposing of these 

pending complaints and appeals in a timely and conscientious manner while continuing to process the normal influx of complaints and 

appeals. It is not going to be an easy job. 

So I commend you for your willingness to answer this newest call 

to service, and I thank you for your past sacrifices. And I want to 

thank your families for the sacrifices they have made over the 

years so that you can serve in the capacities that you have. 

4 

1The prepared statement of Mr. Dubester appears in the Appendix on page 36. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

The nominees have filed responses to biographical and financial 

questionnaires, answered prehearing questions submitted by the 

Committee, and had their financial statements reviewed by the Office of Government Ethics. 

Without objection, this information will be made a part of the 

hearing record, with the exception of the financial data. 

It is 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. Therefore, I ask the 

nominees to please stand and raise your right hands. 

Do you swear that the testimony you are about to give this Committee is the truth, the whole truth, and nothing but the truth, so 

help you, God? 

Mr. DUBESTER. I do. 

Ms. CLARK. I do. 

Senator AKAKA. Thank you. 

Let it be noted for the record that the witnesses answered in the 

affirmative. 

Mr. Dubester, please proceed with your statement. 

TESTIMONY OF HON. ERNEST W. DUBESTER 1 TO BE A 

MEMBER, FEDERAL LABOR RELATIONS AUTHORITY 

Mr. DUBESTER. Thank you, Mr. Chairman, and thank you, Senator Voinovich. 

I appreciate the opportunity to come before the Committee for its 

consideration of my nomination to be a Member of the Federal 

Labor Relations Authority. I also would like to thank all of the 

Committee’s staff for their work and assistance in reviewing my 

nomination and for scheduling this hearing. 

I think it is also important to recognize the presence here this 

afternoon of several people from the Federal Labor Relations Authority, including the current chair, Carol Waller Pope. And I know 

several key staff members from the FLRA are here as well, and I 

appreciate their attendance. I also want to add that it is my personal pleasure to appear this afternoon alongside of Julia Clark, 

the President’s nominee to be the general counsel of the FLRA. 

It is particularly an honor to appear before you as President 

Obama’s nominee to be a member of the FLRA because I am 

strongly committed to the FLRA’s mission and to the importance 

of stable, constructive labor-management relations in the Federal 

sector. In my 35 years of experience in labor-management relations, working as a public servant, advocate, mediator, arbitrator, 

and academic, nearly 20 of those years were in the Federal sector. 

When I was still in law school and considering my first professional opportunity, I decided to join the staff of a Member of the 

National Labor Relations Board, as you pointed out, Mr. Chairman. 

In fact, it was during my tenure at the NLRB that Congress enacted the Federal Service Labor-Management Relations Statute, a 

law that, as the Committee knows, is generally modeled after the 

5 

1The prepared statement of Ms. Clark appears in the Appendix on page 63. 

National Labor Relations Act. And, indeed, this year marks the 

30th anniversary of the FLRA. 

As you also pointed out, Mr. Chairman, during President Clinton’s Administration, I was privileged to serve as the Chairman 

and a Member of the National Mediation Board, the independent 

agency that oversees labor relations in the airline and railroad industries. There I was responsible for harmonizing the goals of another collective bargaining statute with the public demand for the 

highest standards of employee performance and the efficient accomplishment of the operations of government. 

If confirmed, I will dedicate myself to working to ensure that the 

FLRA fulfills its mission by adjudicating disputes fairly, impartially, and expeditiously and by providing quality decisions that enhance the stability of Federal sector labor relations. 

An important part of this effort will be to make sure that the Authority has the resources to fulfill its responsibilities. Indeed, if 

confirmed, I look forward to working with each and every person 

on the FLRA staff, including my colleagues on the Authority, as 

well as the Federal sector’s labor and management representatives 

to help establish the FLRA as one of the stellar independent agencies within the Federal Government. 

Again, I appreciate the opportunity to appear before you, and I 

will be pleased to answer any questions that you may have. 

Senator AKAKA. Thank you very much, Mr. Dubester, for your 

statement. 

Ms. Clark, will you please proceed with your statement? 

TESTIMONY OF JULIA AKINS CLARK 1 TO BE GENERAL 

COUNSEL, FEDERAL LABOR RELATIONS AUTHORITY 

Ms. CLARK. Thank you, Chairman Akaka, Senator Voinovich, 

and all of your gracious staff who have treated us with such courtesy and respect in this process. I truly appreciate everything you 

have done to bring this day about. 

It is the greatest honor to be asked to serve one’s country as a 

public official. If confirmed, I promise to do my utmost to fulfill my 

statutory responsibilities in the public interest. I understand the 

role of the General Counsel. The role is to investigate unfair labor 

practices and, where merited, to issue and prosecute complaints. 

The General Counsel is also responsible for managing the employees of the Office of General Counsel, including all of the regional offices. In that capacity, that means also supervising the 

conduct of representation proceedings. The General Counsel is also 

part of the management team of the Authority and must work in 

a collaborative way with the chair and the other members. I feel 

that my background and experience has prepared me well for this 

role. 

I was honored during the period of time between the election and 

the inauguration to be asked to serve as a part of the President’s 

transition team that reviewed the FLRA. As I did that, I became 

very much aware and gained significant insights into the challenges that you described and the capacity of that agency to meet 

those challenges. 

6 

Since 1995, I have been the general counsel of a national labor 

organization, and I am a part of that management team. In that 

role, I have had to supervise and provide leadership to management regarding employee relations and relations with our staff 

unions. And before that, I was also a prosecutor at the U.S. Department of Justice, and I understand very well the important role that 

the government plays in enforcing and carrying out public responsibilities. 

I understand that the FLRA is facing an enormous challenge 

right now, and I look forward to the opportunity of bringing what 

talents I have to this job to make sure that this agency is, once 

again, a model agency and provides the services that the statute 

requires. Thank you. 

Senator AKAKA. Thank you very much, Ms. Clark, for your statement. 

I will begin with the standard questions this Committee asks of 

all nominees and ask for your responses. 

First, is there anything 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. DUBESTER. No, Mr. Chairman. 

Ms. CLARK. No. 

Senator AKAKA. 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 to which you 

have been nominated? 

Mr. DUBESTER. No. 

Ms. CLARK. No. 

Senator AKAKA. 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. DUBESTER. Yes, I do. 

Ms. CLARK. Yes. 

Senator AKAKA. Thank you very much. 

Mr. Dubester, one of the most significant challenges facing the 

FLRA is the need to process cases in a more timely manner and 

reduce the large backlog of cases that currently exists. If confirmed, 

what role do you believe you can play in reducing this backlog of 

cases and restoring public confidence in the FLRA? 

Mr. DUBESTER. Well, Mr. Chairman, the first point I think I 

would make, which is good news at least, is that my understanding 

is that already this year a meaningful effort has been made in that 

regard and that within the Authority, more decisions have been 

issued already this fiscal year than were issued in the previous two 

fiscal years. 

I think part of the explanation for that, as I understand it, is 

there was already a plan in place to reduce that backlog, which, 

if I am confirmed to be a member, I would certainly join in. And 

it starts with collaborative working relationships among the members of the Authority as well as the staff. It includes addressing 

some of the oldest cases, and most of the cases in the backlog, I 

believe three-quarters of them, are what I think would be fairly 

characterized as older cases, and perhaps directly interacting with 

7 

the labor-management parties to see whether there was a way of 

dealing with those cases other than through actual decisions. 

Consistent with the statute, the statute imposes a directive on 

the Authority to provide leadership and guidance to the labor-management participants. So I think another part of that effort would 

be to provide training to the labor-management parties about their 

statutory rights and responsibilities to give them better understanding. And I think one of the hopeful consequences of that 

would be perhaps it could lead to a reduced number of frivolous or 

less significant kinds of cases. 

I think another program that needs to be mentioned is the 

FLRA’s Alternative Dispute Resolution (ADR) program. And each 

component, as the Committee knows, has an ADR program. That 

program is voluntary for the labor-management participants to 

choose to participate in. I have a strong background in the use of 

ADR myself. I think that is a very effective way of helping to reduce constructively the number of future case filings, which will 

help the Authority to deal with the existing backlog. 

Senator AKAKA. Thank you, Mr. Dubester. 

As you probably know, there is a backlog of approximately 300 

unfair labor practice complaint cases and approximately 700 unfair 

labor practice appeals at the FLRA. That is an issue that we look 

forward to addressing. After you are confirmed, I hope we can meet 

with you to determine how you are progressing on reducing this 

backlog. 

Ms. Clark, I would like to hear from you on this issue as well. 

If confirmed as FLRA general counsel, what specific steps will you 

take to reduce the backlog of unfair labor practice complaint cases 

and appeals at FLRA? 

Ms. CLARK. Yes, Mr. Chairman. The backlog of cases that you 

just described, the 300 pending unfair labor practice complaints, 

those are recommendations from the regional offices that have been 

fully investigated and recommended for prosecution, and they have 

been pending for some time. And it is the statutory responsibility 

of the general counsel to act on those complaints. 

The 700 cases are all appeals from regional director decisions not 

to issue complaints. And, again, that case backlog of 700 cases has 

simply been pending with no action. And no action can be taken 

until a general counsel is confirmed. 

I consider it one of the greatest challenges facing whoever takes 

this position, and if confirmed, my initial step will be to speak to 

senior staff about grouping those cases in ways that make sense 

and would allow us to triage, do the best we can to get those cases 

resolved and into litigation, perhaps settled, as quickly as possible. 

Parties are not going to stop and have not stopped filing unfair 

labor practice charges, so that backlog is continuing to mount. But 

until we deal with it, we cannot possibly restore the confidence of 

management and union representatives and employees that an 

agency is there to impartially resolve their disputes. So I intend 

that backlog to be the very first focus of my attention, if I am confirmed. 

Senator AKAKA. Thank you. 

Mr. Dubester, as I stated in my opening statement, the FLRA 

finished last in the 2009 Best Places to Work rankings by the PartVerDate Nov 24 2008 11:05 Mar 04, 2011 Jkt 053117 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 P:\DOCS\53117.TXT SAFFAIRS PsN: PAT
8 

nership for Public Service for all small Federal agencies that submitted data, and this, of course, is of great concern. 

What steps do you plan to take to improve working conditions at 

the FLRA and make it a more attractive agency to young people 

seeking Federal employment? 

Mr. DUBESTER. Well, the observation that you point out is very 

disturbing to me because I think in any workplace, including Federal sector workplaces, the employees are the workplace’s greatest 

asset. And so, that certainly is among the highest priorities that I 

see for the agency. 

I think one of the first points that I am making here at this hearing is to let each and every member of the agency staff know of 

my strong commitment to the agency’s mission, which, of course, 

requires an appreciation of the work and dedicated service that 

they are going to provide. 

I think another important necessity within the workplace is to 

provide meaningful and effective communication among all staff 

members and, in my case, if confirmed, people within the Authority. I know that for fiscal year 2010, it is my understanding that 

the FLRA has established a performance goal involving human 

capital management. And one of the goals of that is to establish 

collaborative internal work groups so that employees have an opportunity to provide meaningful input. 

I think another point, if confirmed, for me as a member of the 

Authority would be to foster and support the professional development of each and every member of the agency, and that would include providing meaningful opportunities for training so they could 

do their jobs even better. 

So those would be some of the goals that I would have if confirmed. 

Senator AKAKA. Thank you very much. Senator Voinovich. 

Senator VOINOVICH. Ms. Clark, you were on the presidential 

transition team and had a chance to observe the state of Federal 

labor relations. At this stage of the game, you are coming on board. 

When you went through this review as part of the transition process, did the problems seem to be the result of a lack of people? Is 

the FLRA’s budget adequate? 

What are your observations? You are going to have a big job 

here, and I would like you to share with us just what your observations are and how you intend to take advantage of the opportunity 

you have had to review Federal labor relations during the transition process. 

Ms. CLARK. Thank you for the opportunity to respond to that 

question. I wanted to say first that I do intend, as a first step, if 

confirmed, to work closely with the chair, the other members, and 

senior staff to make sure I really do understand the problems and 

collaboratively develop a plan. But my observations initially are— 

some of them fairly obvious—that these are civil servants we are 

talking about who really are there to do an important mission. And 

the long-term vacancies in the key positions of the other FLRA 

member, the general counsel, and the deputy general counsel, I believe, have contributed tremendously to the slide in morale. 

I do note that staff has been decreased 50 percent from 2001 to 

the present time and the budget has also dropped significantly 

9 

from 2001 to the present time. I would note that the staffing does 

appear to be inadequate. The budget does appear to be inadequate. 

But as a first step, by filling these key positions, we are going to 

allow the hard work of all of the agents who have investigated 

these complaints and made recommendations to come to fruition. 

That should improve morale. 

I think that communication is important and can be greatly improved and that as a leadership team, together with the chair and 

the other members, taking a hard look at how we can use our existing resources to provide training opportunities and staff resources 

should make a positive contribution. 

But like Mr. Dubester, I truly do look forward and hope I have 

the opportunity to comment with greater facts and data about what 

we need to do in terms of staffing and budget. But my initial impression is that it is truly inadequate. 

Senator VOINOVICH. Who compiles the FLRA’s budget request? 

Ms. CLARK. The chief executive of the agency is the chair. 

Senator VOINOVICH. So in other words, you would have to work 

with the chair after making your observations to ascertain whether 

or not you have an appropriate budget to do the job that you have 

been asked to do and then try to make sure that the information 

gets to the Administration so that they can properly give you the 

resources to get the job done. 

Ms. CLARK. That is correct. There is a high premium on working 

cooperatively, open communication, and I am committed to that. 

Senator VOINOVICH. Did you have a chance to look at the salary 

schedule at the FLRA to find out whether or not you think it is 

adequate to attract the right people? 

Ms. CLARK. There were some issues with respect to the salary 

schedule, a couple of key issues that had occurred in terms of people working side by side, in terms of the rank and file employees 

in the general counsel’s office, doing the same jobs and being graded differently. A similar situation exists with respect to the top 

level management in the regions. The first step, really, is to make 

sure there is fairness in the existing pay scale, and I understand 

that great strides have been made in that direction already. 

Having worked for the Federal Government and the Justice Department and being familiar with the salary schedules for GS employees, particularly litigation attorneys, I think that there probably is a need for some closer examination about whether the salary schedules for certain employees are at the appropriate level. 

Senator VOINOVICH. One of the things that Senator Akaka and 

I have tried to do over the last 8 or 9 years is to give flexibilities 

to the departments in terms of hiring people. I would be interested, 

after you have had a chance to observe the FLRA’s hiring operations, whether or not you think that you have the hiring flexibilities to get the job done and whether Mr. Berry at OPM is able to 

respond to your hiring needs. 

It is interesting that the agencies that in terms of employee satisfaction are the top performers are the ones that were granted hiring flexibilities. Hopefully, this new hiring system that we are trying to establish by S. 736 will make a difference. 

You both have advocated on behalf of labor unions. I ran into a 

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lighted to have some people with union backgrounds nominated for 

positions at the FLRA. 

How do you intend to maintain your impartiality and not have 

your former relationships with union folks influence your decisionmaking because I am sure there are going to be cases where you 

are going to make your former colleagues very unhappy. So tell me 

about that. 

Mr. Dubester, do you want to start? 

Mr. DUBESTER. Yes, Senator Voinovich. 

Well, first I want to say I am proud of my former associations 

with some of those folks from labor organizations and look forward 

to working with them as well as the management representatives 

and Federal agencies in my new job. I am certainly mindful that, 

if confirmed, as a member of the Authority, I will be sitting in a 

quasi-judicial role, and I will have the responsibility of adjudicating 

disputes in a fair and impartial manner. 

I think in my particular background, I would also point out to 

you that for the last 16 years I have been working as a neutral or 

as an academic, including working as a mediator and an arbitrator 

and, of course, teaching. And during the time I was working as an 

arbitrator, I was selected by labor-management parties and sometimes put on permanent panels. And I was on two permanent panels as an arbitrator selected by parties that I previously worked 

with during my tenure as chairman and member of the National 

Mediation Board for 8 years. 

So those people that worked closely with me, both the labor as 

well as the management parties, selected me to work in that neutral capacity. I would like to think that the reason for that selection was because they had confidence that I could fulfill my duties 

in a professional, fair, and impartial manner. 

So, again, I am appreciative of my former associations with labor 

organizations. Of course, the Federal statute has one of its primary 

purposes to be collective bargaining, which Congress has found is 

in the public interest. But I am also completely confident that I 

can, if confirmed, fulfill my responsibilities in a fair and impartial 

manner. 

Senator VOINOVICH. Ms. Clark. 

Ms. CLARK. Thank you, Senator Voinovich. I was very fortunate 

that my first job out of law school was to work as a prosecutor at 

the U.S. Department of Justice, and through that experience, I 

learned about the importance of the public trust and the enormous 

authority and responsibility of the Federal Government, and I 

came to understand that what all citizens rely on is that we fulfill 

our responsibilities as public officials in ways that maintain the 

public trust. Whether they are pleased or disappointed with the result, the importance is that our work is transparent, is fair and 

consistent and impartial. That is my guide, and it always has been 

throughout my career no matter where I have been employed. 

As a part of the transition team, I was required to execute an 

ethics agreement that since that time has limited my ability to appear before the Authority and also to maintain confidences with respect to the work that was performed there. 

I feel comfortable that we have been through the ethics process, 

and we have a highly qualified and cautious and careful ethics offiVerDate Nov 24 2008 11:05 Mar 04, 2011 Jkt 053117 PO 00000 Frm 00014 Fmt 6633 Sfmt 6633 P:\DOCS\53117.TXT SAFFAIRS PsN: PAT
11 

cer at the Federal Labor Relations Authority. So I feel very comfortable that I have all the support I need, the background I need, 

and the experience I need to fulfill the public responsibility in the 

way that it should be. And I believe that all of my colleagues and 

co-workers—management and labor—understand that and are only 

asking that I fulfill my public responsibilities with fairness and impartiality. 

Senator VOINOVICH. Thank you. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

The FLRA plays a key role in Federal sector labor relations. Due 

to recent personnel shortages, it has been difficult for the FLRA to 

serve as a neutral party to resolve disputes between labor and 

management. 

If confirmed, what will you do to address that personnel shortage 

and ensure that the FLRA is able to carry out that important function? 

Ms. CLARK. I understand the question to be that given the shortness of staff at the FLRA and the backlog, what is expected to be 

an increasing workload, how are we going to manage. And I think 

that it will require great cooperation on the part of the political appointees and senior staff to fairly assess the situation, share resources, and come up with creative strategies. 

It is going to require open dialogue and a partnership with the 

staff union at the FLRA and also, I think, application, wherever we 

can, of technology improvements to improve our case processing in 

ways that allow us to do more with less and then provide you with 

the kind of information you need to give us, in the medium and 

longer term, the kind of budget resources we need to staff up. 

Senator AKAKA. Mr. Dubester, some have said that the current 

state of labor-management relations in the Federal sector is as poor 

as it has ever been. I believe that the new Administration is committed to addressing that problem. 

What do you believe should be done to improve the relations between employees and the unions that represent them and the Federal agencies? 

Mr. DUBESTER. Well, Mr. Chairman, I think that the lack of confidence by the stakeholders, the labor and management representatives, is in many ways related to what you have previously referenced as the low employee morale within the agency. And I think 

it comes from the lack of confidence in recent years as to whether 

or not the FLRA has the adequate resources, both in terms of 

budget authority as well as in terms of human manpower, if you 

will, to fulfill its mission. 

So the previous question addresses that. And I think, as you 

know, the chair is the chief executive and administrative officer of 

the agency. So if confirmed as a member of the Authority, I will 

certainly assist her in any way possible to, again, ensure that we 

have adequate resources, both budgetarily as well as increased 

staffing. And I think by doing that, that would be a big first step, 

both in improving employee morale as well as in improving the 

confidence that labor-management representatives have in the 

FLRA’s ability to fulfill its responsibilities. 

Senator AKAKA. You mentioned the need for adequate resources 

in your opening statement. 

12 

Mr. DUBESTER. Yes, I did, Mr. Chairman. 

Senator AKAKA. And this is true. Without the personnel to do the 

work, there is a problem. And, hopefully, that problem can be 

eliminated. 

Ms. Clark, the FLRA general counsel may prescribe regulations 

providing for informal methods to resolve alleged unfair labor practice charges prior to issuing a complaint. 

What informal methods of resolution do you believe are most effective in resolving these disputes prior to the issuance of an unfair 

labor practice complaint? 

Ms. CLARK. Yes, Mr. Chairman. I am aware that in the past such 

authority has been used. It was the decision of a subsequent general counsel to not use that authority and change those regulations 

through the appropriate mechanisms. 

It is my professional opinion, though, that particularly in labor 

relations, where the parties work together everyday to attempt to 

achieve a common mission, which is in the public interest, that 

anything we can do to assist those parties in clearly understanding 

their legal responsibilities and resolving disputes through means 

other than litigation is in the public interest. 

So I would welcome the opportunity, if I get the chance, to take 

a hard look at what was done in the past, how successful it was, 

what changes occurred when those pre-complaint resolution procedures were not available, and consider establishing the opportunity 

for parties to resolve disputes pre-complaint. I am very open to that 

and would like to look at it more closely. 

Senator AKAKA. Thank you. This is my final question, and it is 

addressed to both of you. 

We have discussed the many challenges facing the FLRA. If confirmed, what will be your long-term priorities while at the FLRA? 

Mr. Dubester. 

Mr. DUBESTER. Well, as I said in my opening statement, Mr. 

Chairman, I look forward to working with every member of the 

FLRA staff and my colleagues, as well as the labor-management 

representatives. And my long-term goal, after tackling the challenges that we have discussed in our questions and answers here 

today, is to help to make the FLRA one of the stellar independent 

agencies within the Federal Government. 

I happen to be a big sports fan. And if you are a sports fan, a 

lot of times you watch situations where teams in various sports finish last one year, and then amazingly the next year they finish 

first, and they go on to win perhaps the world championship. 

I am a big one in that last-to-first kind of a metaphor. You have 

made reference to the human capital survey where, for a variety 

of reasons, apparently the FLRA employees made the FLRA last in 

that survey. Well, I am going to make that conversion from last to 

first within the FLRA. And that would be my long-term goal, 

maybe even my short-term goal. 

Senator AKAKA. Thank you. Ms. Clark. 

Ms. CLARK. I share Mr. Dubester’s goal. And from preliminary 

conversations with Chairman Carol Waller Pope and Member 

Thomas Beck, I think that this is a team that shares this goal, and 

that it really is incumbent upon us to make the Federal Labor Relations Authority a model for other labor relations systems, one 

13 

that we can all be proud of and that fulfills the statutory purpose 

that has been enacted that finds collective bargaining in the Federal sector to be in the public interest. And the place to start is to 

restore confidence in this agency as an impartial, timely dispute 

resolution agency. 

So in the short-term and long-term, I look forward and hopefully 

get to participate in this team effort to make the FLRA a model 

again. 

Senator AKAKA. Thank you very much. Senator Voinovich. 

Senator VOINOVICH. Ms. Clark, I think you have talked about the 

importance of consultation and cooperation. And, of course, you 

have a chairman responsible for FLRA administrative matters. But 

I would suggest that it might be good for you and Chairman Carol 

Waller Pope to maybe walk around the agency for a while talking 

to people about how they feel about their work environment and 

get their thoughts and recommendations on how they could do a 

better job. 

I found in my experience when I was mayor and governor that 

I had a team of individuals who were quite smart and knew management. They went in and talked to agency employees to get their 

thoughts on how the agency could be improved or their environment could be improved. And so, as a result of that, some of the 

recommendations that came through for agency reforms were actually recommendations from employees who had been at an agency 

for years but nobody had ever sat down to talk to them to find out 

how they felt about their agency. And I think that approach would 

be really helpful to you, particularly if you are going to start trying 

to reestablish some employee morale at the FLRA. 

The other issue, Mr. Dubester, you talked about was alternative 

dispute resolution, and I think that is terrific. Where does ADR 

come in? Do you encourage the agencies when they have a problem 

to engage in ADR or does ADR occur when they come up to the 

board? 

Mr. DUBESTER. Well, each component of the agency has an alternative dispute resolution program, including the Office of the General Counsel, the Authority, and the Federal Service Impasse 

Panel. So it could arise at various stages, before either charges or 

petitions are filed with the Office of General Counsel or even after 

cases have come to the Authority in efforts to resolve matters without having formal decisions issued. 

Senator VOINOVICH. The question I have—and I should be more 

familiar with it, and I am not—— 

Mr. DUBESTER. Sure. 

Senator VOINOVICH [continuing]. Is that you have various Federal agencies. Are you telling me that Federal agencies have alternative dispute resolution functions where the management would 

say to somebody, you are unhappy about your work environment 

and we have something available, namely ADR, that can resolve 

your concerns before you file your complaint? 

Mr. DUBESTER. Well, they do. As a matter of fact, what you are 

referring to, Senator Voinovich, does not involve the FLRA directly. 

That involves particular agencies. 

Senator VOINOVICH. It is the agency before they get—— 

14 

Mr. DUBESTER. Under law, every agency has some kind of an 

ADR program to deal with their internal workings, at least, usually 

employment matters, so they can resolve them in a more informal 

manner where the disputing parties have the ability to make decisions themselves without resorting to a more formal adjudicative 

process. 

In the case of matters that would come before the FLRA, we are 

dealing with situations where the parties involved have a collective 

bargaining relationship, so they have mechanisms in place there. 

The alternative would be whether informally—though, as you suggest, communication, just dialogue, informal dialogue, processes 

that do not require formal processing, in the case of the Authority, 

formal decision-making—they can voluntarily work together collaboratively to try to craft solutions without resorting to either formal decisions or formal processing. 

Again, in the appropriate situations, I think that could be very 

useful. It is a very good mechanism for improving communication 

and a very good mechanism for improving the relationships between labor representatives and management representatives from 

various agencies. 

Senator VOINOVICH. I would be interested to see a survey of 

where complaints originate in the Federal Government and any 

patterns that exist. 

Is part of your responsibility to survey agencies to see whether 

or not the vehicles they have within the agency are doing the job 

that they are supposed to be doing or could be improved so that 

you could cut back on the number of cases that get filed with the 

FLRA? 

Mr. DUBESTER. Sure. Well, if confirmed, as a member of the Authority, because of my strong interest in ADR, as we said, I would 

try to get a better understanding of what we currently are doing. 

Part of this goes to external outreach, if you will, to the parties. 

And I think that is, again, consistent with the statutory directive 

to provide leadership to the labor-management representatives, 

which I think can help to provide stable and constructive labor relations. 

I know that the use of ADR, based on information that I reviewed, has gone up and the percentage of voluntary resolutions 

has been quite successful. But I think that goes to outreach. It is 

analogous to your suggestion, Senator, about going around to staff 

within the agency, from people within the FLRA, including members of the Authority, the general counsel. 

I think it is also part of external outreach and showing that you 

are receptive and open-minded to hearing from the labor-management parties as to what is going on in their lives and business, 

sharing with them, to the extent they are unfamiliar with it, the 

availability of ADR as a tool to resolve their problems; providing 

them training in ADR to help them with more effective communication and interpersonal relations, which I think, even if they do not 

use the ADR processes, will reap great benefits just in terms of 

their day-to-day working labor-management relations. 

So I think those are ways, I believe, that the FLRA is already 

working with the parties, but I hope would continue and maybe 

even increase in use. 

15 

Senator VOINOVICH. Good. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

I want to thank you all. At this time, there are no further questions for Mr. Dubester and Ms. Clark. There may be additional 

questions for the record, which we will submit to you in writing. 

The hearing record will remain open until the close of business Friday for Members of this Committee to submit additional statements or questions. 

I want to thank you, Mr. Dubester and Ms. Clark, for being here 

and for bringing your families, friends, and supporters. I am 

pleased to be able to hold a hearing for such well-qualified nominees. 

It is my hope that the Committee will take up your nominations 

very soon and your nominations will be considered by the full Senate very shortly. Thank you very much. 

Mr. DUBESTER. Thank you very much. 

Ms. CLARK. Thank you. 

Senator AKAKA. I would like to call on our next witness, Mr. 

Borras. Will you please come forward? 

Welcome to this part of today’s hearing as the Committee on 

Homeland Security and Governmental Affairs meets to consider 

the nomination of Rafael Borras to be Under Secretary for Management at the Department of Homeland Security. 

Mr. Borras has been nominated to this important position with 

over 20 years of Federal, local, and private sector management experience. It is my hope that this diverse experience will guide the 

nominee well, should he be confirmed. 

As you know, I, along with my friend Senator Voinovich, feel that 

the Under Secretary for Management is an important position because he or she oversees the Department’s budget, finances, procurement, human capital, information technology (IT), facilities, as 

well as performance measures. The role is so important that I cosponsored Senator Voinovich’s bill, the Effective Homeland Security 

Management Act, which would elevate this position to a term-appointed deputy secretary with a fixed 5-year term. 

This legislation, which was considered by this Committee this 

morning, would promote more focused and robust management at 

DHS, which is critical to improving the cohesiveness, efficiency, 

and effectiveness of the Department’s action. Even if our bill is not 

enacted this year, I trust that Mr. Borras will use his position to 

implement sound management practices. 

The Department of Homeland Security has been on the Government Accountability Office (GAO) high-risk list since 2003 because 

of the challenges it faces through its continued transition from over 

20 distinct entities into the third largest department in the Federal 

Government. Since its creation, DHS has been one of the biggest 

management challenges in the Federal Government. 

Mr. Borras, you will be coming to an agency that continues a 

long struggle to integrate and become one DHS. You will have been 

left several management reform projects to take over. I have no 

doubt from our discussions with you that you have your own enthusiastic ideas as well, and I look forward to hearing more about 

those ideas today. 

16 

As you know, one of my primary concerns at DHS has been that 

of accountability. But today, there are far too many contractors at 

DHS and not enough Federal employees to oversee them. It is essential that we fix the contractor/federal employee mix to ensure 

that there are enough career professionals to carry out the critical 

missions of this department. It is also important that agencies look 

to innovative methods to leverage the diverse talent of the Federal 

workforce to fulfill critical mission gaps. 

In particular, a problem throughout the Federal Government, but 

especially important at DHS, is the acquisition workforce. These 

are the professionals who are responsible for the development and 

execution of billions of dollars worth of contracts every year. Unfortunately, as this Committee has heard in several hearings, the government is losing acquisition professionals to retirement or other 

employers, and it is not recruiting and training new ones quickly 

enough. This is an issue that my Oversight of Government Management Subcommittee will continue to address in the near future. 

More broadly, DHS, with the rest of the Federal Government, 

faces looming workforce challenges as baby boomers retire. DHS 

must attract the next generation of employees, proud of Federal 

service and committed to the Department’s mission. This will require seeking out talent with unique skills from both outside and 

within the government. These efforts can best be achieved by ensuring the use of veterans’ preference, a diverse workforce, and a 

commitment to working with employee unions and groups. 

Again, Mr. Borras, I want to thank you for your willingness to 

take on the challenges that you will surely face in this position. It 

is my hope that you will work closely with this Committee as we 

move forward in addressing the strategic management challenges 

facing DHS. 

At this time, I would like to call on Senator Voinovich for his 

opening statement. 

Senator VOINOVICH. Thank you, Mr. Chairman. And I want to 

also welcome you, Mr. Borras, and thank you for being here today. 

We look forward to hearing about your qualifications and your desire to serve. 

Senator Akaka, since DHS was established in 2002, management 

issues have existed and persisted, and we have been concerned 

about these issues ever since. In 2003, the Government Accountability Office included implementing and transforming DHS on its 

list of areas at high risk to fraud, waste, abuse, and mismanagement because when DHS was created, it became responsible for 

transforming 22 agencies into one department with over 200,000 

workers. Failure to effectively address management challenges at 

DHS could have serious consequences for our national security. 

The truth of the matter is that the creation of DHS is probably 

the most formidable management challenge ever undertaken by the 

Federal Government, even beyond the management changes that 

were made in the Department of Defense. 

In December 2005, the DHS Inspector General issued a report 

warning of major management challenges facing DHS. The Homeland Security Department’s own Performance and Accountability 

Report, released in November 2006, states that the Department did 

not meet its strategic goal of ‘‘providing comprehensive leadership 

17 

and management to improve the efficiency and effectiveness of the 

Department.’’ In 2007, the Homeland Security Advisory Council 

Culture Task Force Report also detailed persisting organizational 

challenges within DHS. 

This year, GAO retained implementing and transforming DHS 

on its high-risk list because the Department has not yet developed 

a comprehensive plan to address the transformation, integration, 

management, and mission challenges it faces. And I mentioned this 

to you during our earlier meeting, Mr. Borras. I have been trying 

to get GAO and the Department to agree on some metrics to determine whether DHS, in fact, is moving forward with this transformation. 

Because of such issues, Senator Akaka and I have spent much 

of our time on the Oversight of Government Management Subcommittee examining DHS management issues, and last year we 

included a provision in the Implementing Recommendations of the 

9/11 Commission Act of 2007 that requires the DHS Under Secretary for Management to have extensive executive level leadership 

and management experience, strong leadership skills, a demonstrated ability to manage large and complex organizations, and 

a proved record in achieving positive operational results. 

As Senator Akaka mentioned, we did vote a bill out of Committee 

today that would provide for a 5-year tenure for this individual because we feel that kind of tenure will help us make the management transformation that needs to be made at DHS. 

Mr. Borras, I look forward to hearing specific examples about 

how you think you meet each of these statutory requirements because, again, ensuring the effective management of DHS remains 

one of my top priorities and will stay at the top of my list until I 

tip my hat at the end of next year. 

Senator AKAKA. Thank you, Senator Voinovich. Senator Collins. 

OPENING STATEMENT OF SENATOR COLLINS 

Senator COLLINS. Thank you, Mr. Chairman. 

I am here because I, too, view this position as being absolutely 

critical to the success of the Department of Homeland Security. As 

both the Chairman and the Ranking Member have pointed out, this 

is an enormously complex department. It has more than 200,000 

employees. It is comprised of approximately 23 agencies that were 

brought together from a host of other departments and agencies 

when we passed the legislation creating the Department of Homeland Security. 

It has not been a smooth process to integrate all of these agencies and bring them together toward the common goal of protecting 

our Nation. So this position and having an individual with strong 

management experience is absolutely critical to the success of the 

Department. 

I do have some concerns and questions that I want to ask, and 

I appreciate the opportunity to be here today. 

Thank you, Mr. Chairman. 

Senator AKAKA. Thank you very much, Senator Collins. 

Mr. Borras has filed responses to a biographical and financial 

questionnaire, answered prehearing questions submitted by the 

18 

1The prepared statement of Mr. Borras appears in the Appendix on page 87. 

Committee, and had his financial statements reviewed by the Office of Government Ethics. 

Without objection, this information will be made a 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. Therefore, Mr. Borras, I 

ask you to please stand and raise your right hand. 

Do you swear that the testimony you are about to give this Committee is the truth, the whole truth, and nothing but the truth, so 

help you, God? 

Mr. BORRAS. I do. 

Senator AKAKA. Thank you. 

Let the record note that the witness answered in the affirmative. 

Mr. Borras, will you please proceed with your statement? 

TESTIMONY OF RAFAEL BORRAS1 TO BE UNDER SECRETARY 

FOR MANAGEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY 

Mr. BORRAS. Thank you, Mr. Chairman, Senator Voinovich, Senator Collins, and other distinguished Members in this room. I am 

humbled and honored to appear today before you as you consider 

my nomination by President Obama to serve as the next Under 

Secretary for Management at the U.S. Department of Homeland 

Security. 

Thank you for your consideration of my nomination. I also thank 

the President for the opportunity to once again serve this great 

country and Secretary Napolitano for her confidence in me and her 

support throughout this confirmation process. 

I also thank this Committee and its Members for being guardians of the Department of Homeland Security. While I have only 

been an observer of this Department, your efforts obviously have 

safeguarded the institution and its mission, provided intelligent 

and thoughtful oversight, and legislatively ensured that the Department’s management functions are properly considered in the 

context of government-wide policies. 

Not only were you responsible for the creation of the Department, you have led the fight in finding DHS a home at St. Elizabeths. You have ensured the Department grew more resilient as a 

result of your investigation into Hurricanes Katrina and Rita and 

your subsequent legislative and oversight work reforming the Department. And I have learned from listening to those in the Department that you have instilled an understanding of the need to 

set goals and measure progress so the Department can be accountable to you and the American taxpayer. 

As an observer, I have also noticed that the Department’s interactions with the Committee, both the Members and the staff, have 

fostered a climate of bipartisan collaboration devoid of partisan 

rancor. If confirmed, I look forward to working with you to ensure 

that this Department fulfills the vision of the Secretary and this 

Committee: One DHS that is integrated, efficient, and a Department that understands and executes its mission. 

19 

There is no professional challenge or reward greater than ensuring that the Department of Homeland Security achieves its mission. If confirmed, I know that I will have the immense responsibility of providing management support to the mission of protecting 

America. 

As you consider my nomination, I ask that you consider the totality of my 27 years in public, private, and nonprofit sectors as a 

leader and a manager. I also have an intimate understanding of 

the challenges that the Department’s State and local partners face 

each and everyday due to my work for the cities of Hartford, Connecticut, and New Rochelle, New York. I have held a wide variety 

of management positions that have allowed me to lead such diverse 

organizations as administration and finance, human resources, information technology, acquisition, and security, each of which is 

represented by the lines of authority that report to the Under Secretary for Management. 

If confirmed, I have three principal areas of focus for the Department of Homeland Security: Financial management, acquisition 

management, and human capital management. My approach to 

these areas of focus would be to provide an integrated solution that 

would link an emphasis on financial management, acquisition review and transformation, and a holistic approach to human capital 

management that would help drive DHS toward improved management, accountability, and performance. 

Thank you, Mr. Chairman and Members of the Committee, and 

I look forward to answering your questions. 

Senator AKAKA. Thank you very much, Mr. Borras. I will begin 

with the standard questions this Committee asks of all nominees. 

Is there anything 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. BORRAS. No, sir. 

Senator AKAKA. 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 to which you have been 

nominated? 

Mr. BORRAS. No, Mr. Chairman. 

Senator AKAKA. 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. BORRAS. I do. 

Senator AKAKA. Thank you very much. And before I begin my 

questions, I would like to give you the opportunity to introduce 

your family and others who are here. 

Mr. BORRAS. Thank you, Mr. Chairman. 

First of all, I would like to make the Committee aware that I am 

joined this afternoon by my wonderful wife who is seated behind 

me, Ivelisse; my daughter, Nicole, who represents our five children, 

and that is a management feat in itself. 

I am also joined by my new friend, Elaine Duke, who is the current Under Secretary for Management at the Department and who 

has ably provided stewardship during this time of transition and 

has been of great benefit to me as I have come to learn DHS. I also 

have here a colleague of mine who serves with me on the MontVerDate Nov 24 2008 11:05 Mar 04, 2011 Jkt 053117 PO 00000 Frm 00023 Fmt 6633 Sfmt 6633 P:\DOCS\53117.TXT SAFFAIRS PsN: PAT
20 

gomery County Ethics Commission, Gilles Burger, and I am 

pleased that he is here today with me. 

Also, I would like to say that I am definitely in the presence of 

my mother and father, who passed away in the last couple of years 

but are with me each and every day. And it was their hard work, 

their dedication, and their encouragement that led me to public 

service. And I could not let this moment go without recognizing 

them today. 

Thank you, Mr. Chairman. 

Senator AKAKA. Thank you very much. Because she has worked 

for a while with us, and we have worked well with her, I just want 

to welcome Elaine Duke to the Committee. 

Mr. Borras, as you may know, the Government Accountability 

Office has faulted the Department of Homeland Security for its 

overreliance on contract personnel. DHS has said that it plans to 

in-source more positions in the future. 

What would you do to right size the mix of contract personnel 

and Federal employees? 

Mr. BORRAS. Mr. Chairman, I would say that, if confirmed, I 

would apply the same techniques and the judgment I have used 

throughout my long career, beginning in the city of Hartford, where 

we undertook a very comprehensive right-sizing strategy to realign 

the government. 

I do not think inherently there is anything wrong with having a 

blended workforce. What is problematic is having a workforce that 

is made up of contractors that may not have the proper management controls and oversight in place. The utilization of contractors, 

like any other form of acquisition, requires strong requirements, a 

strong indication of the expected outcome, and I also believe a sunset feature. 

If we hire contract workers, we should have a clear understanding of what they are going to do to contribute to the mission, 

specifically how we will manage and oversee them, and what is the 

end date. I believe that it is very important to ensure that we do 

not have contract workers who are performing either inherently 

governmental or nearly governmental functions. I also believe that 

addressing this issue would be among one of my highest priorities, 

again, if confirmed. 

Senator AKAKA. Thank you. 

Let me follow up with one issue that has consistently come up 

in talking about contractors at DHS, and that is the lack of clear 

statistics regarding the numbers and types of contractors in use by 

the Department. 

If confirmed, would you be willing to assess the current number 

of contractors and provide this Committee transparent accounting 

of how many and what kind of service contractors are at DHS? 

Mr. BORRAS. If confirmed, Mr. Chairman, I believe that the identification of those contractor resources is essential to understand 

precisely our workforce needs. I do not believe at this time that the 

Department can adequately represent a number that identifies the 

exact number of contract workers that are performing work at the 

Department of Homeland Security. 

All of these issues are related to our workforce, whether it be acquisition workforce, IT workforce, where we have so many contracVerDate Nov 24 2008 11:05 Mar 04, 2011 Jkt 053117 PO 00000 Frm 00024 Fmt 6633 Sfmt 6633 P:\DOCS\53117.TXT SAFFAIRS PsN: PAT
21 

tors currently performing support functions. There is a great need 

to enhance and build the Department’s acquisition workforce, IT 

workforce, and human capital management workforce. 

Until we have a proper accounting of the number of contract employees we have, what role and functions they are performing, and 

begin to assess how we can migrate back to government employees, 

we would be unable to make that proper assessment. And I would 

be, if confirmed, unable to provide a clear direction to this Committee as to what the course of action would be without that information and that data. 

Senator AKAKA. Mr. Borras, one issue that the Oversight of Government Management Subcommittee has focused on for many 

years is the issue of recruiting a new generation of Federal workers. As I am sure you are aware, the baby boomers are aging and 

the Federal Government faces a great retirement wave. 

Just this morning, this Committee passed favorably a bill that I 

sponsored with Senator Voinovich to streamline and make more 

manageable the Federal hiring process. Some of the issues we have 

tried to address are the length and complexity of the process, workforce planning at agencies, and the use of technology in the process. 

Can you share your assessment of the current hiring process and 

what steps DHS could take to improve it? 

Mr. BORRAS. Mr. Chairman, I have spoken with the chief human 

capital officer and other individuals in the Department to understand what is the perception of impediments to the hiring process 

and what steps are currently being taken. 

I understand that there is a system that was put in place, Talent 

Link, when complete, to be able to provide cradle-to-grave management of the hiring process. The hiring process certainly begins with 

the outreach and the networking to new and potential employees. 

It also extends into the on-boarding process, when we bring new 

employees on. 

In my experience, I have found that one of the ways to build an 

effective workforce is through the introduction of that employee to 

the new agency. So how we manage bringing on employees, what 

I call the care and feeding of employees, during that hiring process, 

ensuring that it goes smoothly and efficiently, goes a long way toward establishing a good relationship with a brand new employee. 

So I believe these systems have to be evaluated. And if confirmed, I would certainly take a very hard look at what programs 

are in place and assess what needs to be done to improve that hiring process. 

Senator AKAKA. Thank you very much. I will now ask Senator 

Voinovich for his questions. 

Senator VOINOVICH. Senator, if it is all right, it would be all right 

if Senator Collins could ask the questions before I do. 

Senator AKAKA. Certainly. Senator Collins. 

Senator COLLINS. Thank you, Mr. Chairman, and thank you, 

Senator Voinovich. 

Mr. Borras, I have a number of concerns about your failure to 

pay taxes on time and in full, in light of the responsibilities of the 

position for which you have been nominated. So I want to ask you 

22 

a number of questions to get the facts out and also, I hope, to ease 

the concerns that I have. 

Let me start by asking, do you personally take responsibility for 

filing the tax returns for you and your wife? 

Mr. BORRAS. Yes, I do, Senator. 

Senator COLLINS. Do you file a joint return? 

Mr. BORRAS. A joint return; yes, ma’am. 

Senator COLLINS. It is my understanding that on your 2005 in- come tax return, you failed to include $9,301 in income for your 

wife’s part-time work. 

Did you receive a W–2 form for this income? 

Mr. BORRAS. Senator, I believe I did. 

Senator COLLINS. Can you explain to the Committee why you did 

not report more than $9,300 of your wife’s income? 

Mr. BORRAS. Senator, the issue you have raised is one which I 

certainly regret having had occur. I have disclosed that information 

and made all the details available to the Committee. I am happy 

to continue to answer those questions. 

The responsibility for the omission, including that document, in 

my tax return that year is solely mine and one which certainly I 

regret. And the oversight was clearly one that is certainly regrettable. Not only did it happen for my 2005 filing; in my 2006 filing, 

I committed the same error, both of which I provided details. 

Senator COLLINS. Well, we will get to 2006 in a moment. I want 

to first establish the facts for the 2005 income tax return. 

It is my understanding that on your return for 2005, you listed $270 for expenses associated with your wife’s attempt to establish 

a beauty business. 

Is that correct? 

Mr. BORRAS. I did put that there; however, that expense was not 

allowable due to the amount of income, so it was not a part of my 

filing. 

Senator COLLINS. What I am trying to better understand is why 

you would look to take a deduction and yet miss reporting more 

than $9,000 of income. 

Mr. BORRAS. Senator, once again, I would say that my error was in an oversight of one W–2 that was in the total of $9,000 or so. 

And I simply cannot provide you a better response other than I 

failed to include that on my filing. 

Senator COLLINS. And it is my understanding that you also failed 

to report $50, granted not a huge amount like the $9,000, in income from an annuity in 2005. 

Is that correct? 

Mr. BORRAS. There was one 1099–INT, an interest annuity of 

$50. That is correct. 

Senator COLLINS. So that year, you did not report income from 

an annuity for which you had a 1099 form and more than $9,000 

for which you had a W–2 form. 

Is that an accurate summary of 2005? 

Mr. BORRAS. That is an accurate summary. 

Senator COLLINS. And then in March 2008, you paid $3,184 plus $405 in interest to settle the problems with your 2005 return. 

Is that correct? 

Mr. BORRAS. That is correct. 

23 

Senator COLLINS. Now let us turn to 2006. 

In 2006, did you receive a form indicating a withdrawal of $5,884 

in taxable income from your wife’s IRA? 

Mr. BORRAS. I have stated that I do not specifically recall receiving that 1099–R. 

Senator COLLINS. But you did fail to report that income; is that 

correct? 

Mr. BORRAS. That is correct. 

Senator COLLINS. And in addition, in 2006, did you fail to include 

some interest income for which you had a 1099 form? 

Mr. BORRAS. That is correct. 

Senator COLLINS. And how much was that? 

Mr. BORRAS. The total was about $980. 

Senator COLLINS. Finally, on your 2006 taxes, you were late in 

paying about $14,000 in taxes owed. Could you explain how that 

delinquency came about? 

Mr. BORRAS. It was my understanding that when I filed my taxes 

in 2007 for 2006, the full amount of tax owed, which was $14,286, 

would be deducted from my taxes. Shortly after filing, I noticed 

that there had not been a large deduction taken from my checking 

account, and I followed up with the Internal Revenue Service (IRS) 

to inquire why that had not been deducted. 

So as a result of my following up with the IRS and my conversations with them, I made an electronic payment for that $14,000 online as I was speaking with the IRS agent on the phone. 

Senator COLLINS. Well, the Turbo Tax form shows that you only 

paid $286 rather than $14,286. That is a huge difference. 

When was this cleaned up? When were the taxes and penalties 

and interest paid on the 2006 return? 

Mr. BORRAS. In the beginning of June. I do not have the exact 

date, Senator. 

Senator COLLINS. What concerns me is a pattern of carelessness 

here. You have been nominated for a job that is enormously complex and that is going to require great managerial experience and 

great attention to detail. We could spend hours talking to you 

about the management challenges. 

If there had been just one incident or one form overlooked, I 

would certainly understand that. Anyone can make a mistake. But 

I am concerned about a pattern of significant lapses with regard to 

your taxes. 

I realize my time has expired, but if you have any explanation, 

if there are extenuating circumstances that the Committee should 

be aware of—for example, we have had a nominee who was deployed in Iraq at the time that he missed some tax payments. That 

is an extenuating circumstance. 

If there are extenuating circumstances or some justification for 

this pattern, I need to know it. 

Thank you, Mr. Chairman. 

Senator AKAKA. Thank you very much, Senator Collins. 

Senator COLLINS. Thank you. 

Senator AKAKA. Senator Voinovich. 

Senator VOINOVICH. Yes. I would like to follow up on that line 

of questioning by Senator Collins. 

24 

The job for which you have been nominated requires an individual with broad vision and attention to detail. In conversations 

with Committee staff, it became clear you did not review your tax 

return before filing it. 

In written questions before the hearing, I asked ‘‘In what ways 

will your attention to detail at DHS be different and improved from 

your attention to detail regarding your personal matters.’’ And 

since your response failed to address mistakes with your Federal 

tax returns, I will ask it again. 

For the record, in what ways will your attention to detail at the 

Department be different and improved from your attention to detail 

regarding personal matters? 

All of us have responsibilities. I just cannot understand this pattern, and it gives me pause. If you are not paying attention to details regarding your personal matters, are you going to pay attention to the duties of this position, read financial audits and surveys 

on employee morale and so forth? 

Mr. BORRAS. Senator, my response to you would be that I certainly have acknowledged making mistakes 2 years in a row. Certainly, I have filed my taxes in both of those years, regrettably, 

with errors. But recognizing those mistakes, I did take corrective 

action; certainly have had no problem with 2007 and 2008 filings. 

And I filed taxes for over 30 years, and I have no pattern of making those kinds of mistakes. 

In addition, I would certainly want to say that in my 27 years 

of professional work, progressive responsibility at local government, 

in the Federal Government, and in the private sector, there has 

never been any issue related to attention to detail, anything about 

my performance that has indicated any level of concern. 

I have managed successfully very difficult financial situations, at 

the local, the Federal, and even the private sector level, I believe 

with distinction. I have been commended for that. I have never had 

an investigation that has challenged or questioned my financial 

management, and I stand behind my professional record and believe that it speaks for itself. 

Again, I recognize and I regret the errors I made in 2006 and 

2007. 

Senator VOINOVICH. In my opening statement, I referenced our 

efforts to ensure that the DHS Under Secretary for Management 

is qualified to manage the complicated portfolio, including by setting statutory requirements for the DHS Under Secretary for Management. 

You referenced your positions at the Department of Commerce 

and the General Services Administration as ‘‘significant management responsibilities.’’ 

What specific management responsibilities did you personally 

have in each of those jobs? 

Mr. BORRAS. Well, Senator, my position at the Department of 

Commerce was as a Deputy Assistant Secretary for Administration, 

which is the one that I referenced in my response to these questions. 

Deputy Assistant Secretary for Administration oversees the departments of finance, budget, at that time, we called it personnel, 

information technology, security, and acquisitions. That is departVerDate Nov 24 2008 11:05 Mar 04, 2011 Jkt 053117 PO 00000 Frm 00028 Fmt 6633 Sfmt 6633 P:\DOCS\53117.TXT SAFFAIRS PsN: PAT
25 

ment-wide management responsibility for a budget of approximately $4.5 billion in a department of about 35,000 employees. 

Clearly, I saw that position and I would view that position as 

being one of considerable responsibility for the charge of affairs for 

the Department of Commerce, and I believe I served in that role 

with great distinction. 

When I was privileged to serve as regional administrator for the 

General Services Administration, the Mid-Atlantic region, my position had responsibility for the Public Building Service, the Federal 

Technology Service, and the Federal Supply Service for the Mid-Atlantic region, for Europe, Africa, and the Middle East. 

I had approximately 1,500 employees and an annual budget for 

my region of about $1.1 billion. We served all of the Federal agencies in the Mid–Atlantic region, in Europe, Africa, and Middle East, 

providing services that you, Senator, would be very well aware of 

with the General Services Administration. And, once again, I would 

categorize those responsibilities as certainly being significant in 

carrying out the affairs and supporting the affairs of the Federal 

Government. 

Senator VOINOVICH. Can you give me an example of how you 

have achieved positive operational results in a difficult climate, 

such as the climate you are going to face at DHS, in both human 

capital and procurement challenges? 

Mr. BORRAS. Senator, throughout my career in public service, 

much of my work has required the management of very difficult financial circumstances. When I joined the city of Hartford as a deputy city manager—and a deputy city manager is, in effect, a chief 

operating officer of the municipal government—we were facing extremely difficult financial situations where we were having budget 

deficits on an annual basis projected at about 15 to 20 percent of 

our total budget. 

This was due in part to declining tax revenues. The city of Hartford was in a state of decline, both financially and—— 

Senator VOINOVICH. Excuse me. What time is that again? Refresh my memory. I forgot. 

Mr. BORRAS. From the years of 1991 to 1993; those 3 years, 1991, 

1992, and 1993. 

Those challenges required a fundamental change in the way that 

we managed and functioned in local government. We undertook a 

very comprehensive, what we called, right-sizing approach where 

we had to evaluate each and every program that the city of Hartford managed, to evaluate its effectiveness, to be able to make 

some judgment as to whether or not we could continue to fund and 

fund at the same level or whether there were new ways to accomplish some of the things that we were doing. 

Additionally, we had incredible public safety needs as crime was 

increasing, drug use and selling, and drug-related crime was increasing in the city of Hartford. So we also had to fund additional 

initiatives in public safety. So we had a very difficult time of balancing the typical guns and butter ratio, having to increase funding for public safety and find ways to reduce the size of government. And we were able to do that very effectively and balance our 

budgets and not raise taxes. 

26 

So I am very proud of my work during that period of time of 

working very hard to evaluate the performance of the programs. 

We eliminated programs; we restructured others. And we were 

commended by the business community for developing the first responsible budget, which had not been done to that extent prior in 

Hartford’s history. 

Upon coming to the Federal Government and joining the Department of Commerce, my first assignment, Senator, was the Secretary specifically asked me to go serve at the Minority Business 

Development Agency to ‘‘clean up the agency,’’ to review its operations, to make recommendations for changing the way the operation worked, and to evaluate what constituted performance. I am 

very proud to say that after my first year there, we got a clean financial statement from the Inspector General, and we made radical 

changes to the way the Minority Business Development Agency operated. 

The Secretary also asked me to take the agency through the 

budget process because there was no director at that time. So he 

asked me to serve as the acting director. All of these were prior to 

my coming over and becoming the deputy assistant secretary. 

So I had to effectively review the operations of the Minority Business Development Agency, work on a plan for new performance 

measurements; once again, right size. We eliminated some positions from the agency. And then I was re-asked to join the Secretary’s staff as deputy assistant secretary. 

There in particular, my focus was on standardization and processes, where I worked very hard to find holistic solutions to improving the efficiency and management of the department. And I 

am very proud that during that time, we developed a process called 

Concept of Operations, which integrated the work of the finance department, the budget department, and acquisition to work with 

each and every one of our 11 bureaus and agencies to better manage the acquisition process to improve efficiencies, improve the 

time that it takes to complete the acquisition and the overall program effectiveness. 

Senator VOINOVICH. Thank you. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

Mr. Borras, we have held several hearings on pandemic influenza 

preparedness, including one last month focused on the Federal 

workforce. During the early stage of H1N1 outbreak, Customs and 

Border Protection and Transportation Security Administration employees, who interact with hundreds of travelers daily, received 

conflicting guidance on whether they were permitted to use personal protective equipment such as face masks. I asked the Department to clarify their guidance for employees, and I have not yet received a response. 

What steps will you take to ensure that the Department’s employees receive clear and consistent guidance on their rights and 

responsibilities if H1N1 resurges this fall as expected? 

Mr. BORRAS. Mr. Chairman, the issue of the Department’s response to a potential pandemic outbreak and the use of protective 

gear certainly would be a very strong priority for the Under Secretary of Management. And if I am confirmed, I would work very 

27 

closely with the Office of Health Affairs (OHA) to ascertain the 

level of threat to our workforce employees. 

We would work closely with the Occupational Safety and Health 

Administration (OSHA) to determine what level of protection is required. And, again, if confirmed, I would follow the advice of OHA 

and the folks at OSHA to implement a uniform and consistent policy that would provide clear guidance to the employees on how they 

should provide for their personal protection during a potential pandemic outbreak. 

Senator AKAKA. Mr. Borras, the Oversight of Government Management Subcommittee has been very involved in the oversight of 

the acquisition management structure at DHS. When Mr. Schneider was Under Secretary, he was the Chief Acquisition Officer, 

which is separate from the Department’s Chief Procurement Officer. However, there historically has been only a dotted line of authority between the Chief Procurement Officer, the Chief Acquisition Officer, and the component acquisition officers. 

Can you tell me what you believe the relationship between the 

Under Secretary for Management, the Chief Procurement Officer, 

and the component acquisition officers should be? 

Mr. BORRAS. Mr. Chairman, my understanding of the roles and 

responsibility of the Under Secretary for Management is that individual serves in the capacity as the chief acquisition officer for the 

Department. Furthermore, that position has a direct reporting relationship to the Chief Procurement Officer for the Department. 

Currently, the way the Department is organized is that there is 

a dotted line relationship between the Chief Procurement Officer 

and the Chief Procurement Officers of each one of the individual 

component agencies. I believe that, if confirmed, I would certainly 

want to review the extent to which adequate controls and oversight 

are in place to effectively manage the Department’s acquisition, to 

effectively identify risks, and that the proper controls are in place 

to ensure that the Department manages its acquisition process as 

efficiently as it can. 

I do know that the Department has an acquisition review board, 

which is a very useful tool in managing and identifying risks in the 

acquisition process. I have stated prior that I believe the most important phase of the acquisition process is the requirements phase, 

so I believe it is very important that in the acquisition life cycle, 

management put considerable attention on working with the component agencies to understand and make sure that the requirements are clear and the outcomes are also equally clear so that we 

have an effective acquisition process. 

So if confirmed, that would be among my highest priorities, to 

evaluate the existing working relationship and make recommendations, if required, to improve that process. 

Senator AKAKA. I mentioned in my opening statement that DHS 

has been on the high-risk list ever since its establishment. Because 

of this, Senator Voinovich and I requested that GAO look deeper 

into management integration efforts at DHS. Work done to date 

has shown that the Department still faces significant challenges in 

integrating over 20 separate agencies into what Secretary 

Napolitano has referred to as one DHS. 

28 

What experience have you had in your career, in the public and 

private sectors, that you believe has prepared you to take on this 

particular integration challenge? 

Mr. BORRAS. Thank you. I appreciate the question, Mr. Chairman, because it is fundamentally how I see my career and the evolution of my career, one of progressive responsibility, beginning 

with my work with integration activities at the city of Hartford, 

continuing through my work at the Department of Commerce and 

the General Services Administration. My priority as an executive 

and as a manager has always been to look for operational efficiencies and integration strategies that will bring the operation 

into closer alignment. 

At the outset, you mentioned the concern of GAO. I take GAO’s 

concern very seriously. In fact, I reached out and spoke with the 

Acting Comptroller General, Gene Dodaro, recently to better understand GAO’s position and concerns relative to inadequacies in management at the Department of Homeland Security. And he reaffirmed for me what I believe to be the principal areas of concern 

in rectifying the management deficiencies at DHS. 

First of all, we spoke at great length about the need for standardization and process. There needs to be a uniform process. As 

you have so aptly described, the Department was put together with 

the combination of 22 different agencies, Mr. Chairman, each of 

which brought its own legacy systems for management. 

So right now there is a lack of standardization within the Department. That hampers the Department’s ability to function effectively and also to draw statistical information, data, from the agency in a very efficient manner because there is a lack of standardization. 

Not only do we have to have standardization, if confirmed, I 

would focus on repeatability, which is a term that Gene Dodaro 

used and I certainly agree with. Not only do we have to have 

standard practices, we have to be able to do them over and over 

again. So we have to make sure we have consistency in those practices. So I believe those are very important elements. 

The GAO and Gene Dodaro in particular has mentioned his concern, the GAO’s concern, about the workforce issues, specifically 

the acquisition workforce and the IT workforce. My initial assessment is that both of those indicate to me a severe challenge in 

meeting the objectives of the Department, of strengthening management due to perhaps a lack of inadequate resources. 

So if confirmed, I would certainly want to evaluate the number 

of personnel that are available to support those very functions in 

the Office of the Chief Financial Officer, information technology, 

and acquisition management to ascertain whether we have the effective resources to be able to do that; review the current processes 

that are in place to determine whether they are adequate enough; 

and, quite frankly, also to establish a very good and open relationship with GAO. 

Senator AKAKA. Mr. Borras, this will be my final question. 

As you are aware, DHS has faced challenges with poor employee 

morale and has scored generally low on the best places to work in 

the Federal Government. 

29 

What do you believe are the reasons DHS faces such challenges, 

and if confirmed, what specific steps do you believe are necessary 

to improve DHS as a Federal workplace? 

Mr. BORRAS. Mr. Chairman, I have looked at the Federal Human 

Capital Survey, and much like this Committee has expressed concern, it certainly is of concern to me that the employees of DHS, 

in their response to that survey, rate near the bottom of all of Federal Government. So that is of great concern, and I understand certainly the concern of this Committee. 

I chose to look at it also, though, for where the positives are and 

where can we build for the future. One of the most powerful signals 

of the result of that survey of the extent to which the employees 

support the mission of the Department. So I believe they scored 

very high. Probably 90 percent or greater are in alignment with the 

mission. So it is very important, if confirmed, to be able to capitalize on that strong mission identification that employees have 

and begin to address some of their other critical issues. 

I believe in my experience in looking at workforce morale issues, 

Mr. Chairman, they tend to fall in a couple of categories. One is 

a general sense of equity. Do employees feel they are adequately 

and equitably being compensated for the work they perform? That 

is something that has to be looked at very carefully. 

Supervision is another very important component. Frontline supervision has a tremendous impact on the morale of employees. I 

think it is critically important that we look at how we train our supervisors, what levels of support are provided to the supervisors. 

They have such an important role in determining the job satisfaction of employees. Also, we have organized employee groups that 

we need to communicate with, we have to align with, and we have 

to have good relationships with. 

So communication, relationship building, looking at issues of fairness and equity, and responding to the great mission identification 

of the employee base are all powerful tools, Mr. Chairman, that 

will enable us to work hand in hand to be able to improve the employee morale in the Department. 

I am heartened by the enthusiasm and the commitment that Secretary Napolitano brings to that issue. She has conveyed to me on 

numerous occasions that is among her most important priorities for 

creating a unified one DHS. 

Senator AKAKA. Thank you very much for your responses. I want 

to thank you for bringing your family, friends, and supporters here 

today. I want you to know that there may be additional questions 

for the record, which we will submit to you in writing. The hearing 

record will remain open until close of business Friday for Members 

of the Committee to submit additional statements or questions. 

Again, I thank you for your responses to this Committee, and we 

will be considering your nomination as soon as we can here in the 

Senate. 

Thank you very much. This hearing is adjourned. 

Mr. BORRAS. Thank you, Mr. Chairman. 

[Whereupon, at 5:01 p.m., the Committee was adjourned.] 

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