Mr. President, I rise today to discuss the nomination of Judge Michael Chertoff to be Secretary of the Department of Homeland Security (DHS).

Since the inception of DHS in 2003, Secretary Tom Ridge has led the Department with strength and grace. His tenure sets a high standard for future secretaries to meet. I would like to take this opportunity to thank Secretary Ridge for his hard work and dedication to his country.

As a member of the Homeland Security and Governmental Affairs Committee, I was able to discuss with Judge Chertoff his positions on issues such as the DHS personnel regulations, civil liberties, and bioterrorism. Judge Chertoff expressed his commitment to these issues and promised he would investigate and report back to the Committee on a number of DHS policies of concern to me.

There were five main points that I raised with Judge Chertoff. First, I asked for his assurance that he will defend the Constitution to safeguard our civil liberties. The price of security should never erode our constitutional freedoms, which are essential to the preservation of this democracy. One specific activity I have concerns about is data mining, which could involve the collection of personal data that could violate an individual's privacy rights. Judge Chertoff affirmed his commitment to liberty and privacy, and I will continue to monitor DHS closely to ensure that he fulfills that commitment.

We also discussed the just-released personnel regulations covering the 180,000 men and women who staff DHS. To make these new regulations work, there must be significant and meaningful outreach to this dedicated workforce, their unions, and their managers. A well-managed organization values employee input and understands the important role employees play in protecting against mismanagement. To undermine opportunities for employees to voice concerns or even have notice of departmental changes unnecessarily harms workers.

My third concern is the protection of whistleblower rights in the Department. Whistleblowers alert Congress and the public to threats to health, waste of taxpayer money, and other information vital to running an effective and efficient government. I asked Judge Chertoff to pledge to protect whistleblowers and foster an open work environment that promotes the disclosure of government mismanagement and government illegality. In response, he promised "to support whistleblowers and to support candid assessments by employees when there are problems in the department." I am pleased he acknowledges the importance of whistleblowers to a federal agency and has vowed to protect their rights. As the Ranking Member of the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, and the author of whistleblower protection legislation, I will be monitoring the Department closely to ensure that Judge Chertoff follows through on this promise.

The fourth issue on which I asked for Judge Chertoff's commitment was bioterrorism and, more specifically, agriculture security. Since 2001, I have urged the administration to develop a coordinated response to bioterrorism and agroterrorism through legislation, which is critical to the health and safety of Americans.

Yesterday, I had the opportunity to participate in a gaming exercise called "Scarlet Shield" at the National Defense University that postulated a bioterrorist attack. This exercise brought home to me the need to do much more in ensuring an effective, coordinated response.

I will introduce shortly the Homeland Security Food and Agriculture Act of 2005, which will improve state, local, and tribal governments' ability to respond to an attack on the food supply and facilitate DHS's coordination with other federal agencies with food and agriculture responsibilities. Judge Chertoff agrees with me that bioterrorism is one of the greatest threats our Nation currently faces, and as such I hope I can count on his support for my bill.

The final issue I discussed with the Judge is the security challenges for my home state of Hawaii, 2,500 miles from the West Coast. Being the only island state, Hawaii has been blessed with diverse and breathtaking geography and a unique culture. However, its geographic location poses challenges to securing the state from asymmetric threats. For example, when disaster strikes, Hawaii cannot call on neighboring states for assistance due to distance and time difference. Our eight inhabited islands must be self-sufficient. For that reason, I have established positive working relationships with Secretary Ridge and senior policymakers from DHS as well as from PACOM and NORTHCOM to ensure that when national homeland security policies are being formulated, the needs of Hawaii are kept under consideration. Judge Chertoff promised to be mindful of these unique needs and to continue the positive relationship Hawaii has enjoyed with Secretary Ridge.

I would also like to note that I am pleased Judge Chertoff has stressed the importance of close cooperation with Congress, particularly the Homeland Security and Governmental Affairs Committee, and has promised to provide the information we need to fulfill our oversight responsibilities.

With Judge Chertoff's assurances that he will protect civil liberties and whistleblower rights, work openly with Congress, and prioritize the other issues I have detailed today, I will support his nomination to be the Secretary of Homeland Security. I believe he has the professionalism and the commitment to serve the Department well, and I hope we, in the Congress, will enjoy a long and productive relationship with him.