[Senate Hearing 111-507]
[From the U.S. Government Publishing Office]
S. Hrg. 111-507
NOMINATIONS TO THE
DEPARTMENT OF HOMELAND SECURITY,
THE DEPARTMENT OF COMMERCE, AND NASA
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
OCTOBER 15, 2009
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
U.S. GOVERNMENT PRINTING OFFICE
55-981 WASHINGTON : 2009
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ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas GEORGE S. LeMIEUX, Florida
CLAIRE McCASKILL, Missouri JOHNNY ISAKSON, Georgia
AMY KLOBUCHAR, Minnesota DAVID VITTER, Louisiana
TOM UDALL, New Mexico SAM BROWNBACK, Kansas
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce H. Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian M. Hendricks, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on October 15, 2009................................. 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Hutchison................................... 2
Prepared statement........................................... 3
Statement of Senator Cantwell.................................... 4
Statement of Senator Udall....................................... 27
Statement of Senator LeMieux..................................... 29
Statement of Senator Thune....................................... 30
Witnesses
Erroll G. Southers, Assistant Secretary-Designate, Transportation
Security Administration, U.S. Department of Homeland Security.. 5
Prepared statement........................................... 7
Biographical information..................................... 9
Patrick Gallagher, Ph.D., Director-Designate, National Institute
of Standards and Technology, U.S. Department of Commerce....... 35
Prepared statement........................................... 37
Biographical information..................................... 38
Elizabeth (Beth) Robinson, Ph.D., Chief Financial Officer-
Designate, National Aeronautics and Space Administration....... 45
Prepared statement........................................... 46
Biographical information..................................... 47
Paul Martin, Inspector General-Designate, National Aeronautics
and Space Administration....................................... 54
Prepared statement........................................... 55
Biographical information..................................... 56
Appendix
Hon. Jane Harman, U.S. Representative from California, 36th
District, prepared statement................................... 69
Response to written questions submitted to Elizabeth Robinson by:
Hon. Tom Udall............................................... 69
Hon. Kay Bailey Hutchison.................................... 70
Response to written questions submitted by Hon. Kay Bailey
Hutchison to Paul Martin....................................... 70
Response to written questions submitted to Erroll G. Southers by:
Hon. John D. Rockefeller IV.................................. 71
Hon. Bill Nelson............................................. 77
Hon. Maria Cantwell.......................................... 77
Hon. Frank R. Lautenberg..................................... 79
Hon. Amy Klobuchar........................................... 80
Hon. Tom Udall............................................... 81
Hon. Mark Warner............................................. 82
Hon. Mark Begich............................................. 83
Hon. Kay Bailey Hutchison.................................... 84
Hon. Jim DeMint.............................................. 86
Hon. John Thune.............................................. 86
Hon. Roger Wicker............................................ 87
Hon. Johnny Isakson.......................................... 89
Hon. Sam Brownback........................................... 91
Response to written questions submitted to Dr. Patrick Gallagher
by:
Hon. John D. Rockefeller IV.................................. 92
Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison.... 93
Hon. Frank R. Lautenberg..................................... 94
Hon. Tom Udall............................................... 94
Hon. Kay Bailey Hutchison.................................... 97
Hon. Olympia J. Snowe........................................ 98
Hon. David Vitter............................................ 98
Letter, dated October 13, 2009, from Millage Peaks, Fire Chief--
City of Los Angeles, California to Hon. John D. Rockefeller IV
and Hon. Kay Bailey Hutchison.................................. 100
Letter, dated October 2, 2009, from Clark Kent Ervin, Director,
Homeland Security Program--The Aspen Institute to Hon. Kay
Bailey Hutchison............................................... 101
Letter, dated October 14, 2009, from Donovan J. Leighton to Hon.
John D. Rockefeller IV and Hon. Kay Bailey Hutchison........... 103
Letter, dated October 6, 2009, from Milind Tambe, Professor,
Computer Science Department--University of Southern California
to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison... 104
Letter, dated September 28, 2009, from Scott M. Gordon, Court
Commissioner--The Superior Court to Hon. Kay Bailey Hutchison.. 105
Letter, dated October 7, 2009, from Barbara J. Nelson, UCLA
Professor of Public Policy, Dean Emerita--UCLA School of Public
Affairs to Hon. John D. Rockefeller IV and Hon. Kay Bailey
Hutchison...................................................... 107
Letter, dated October 9, 2009, from Elliot Brandt, Western States
Director--AIPAC to Hon. John D. Rockefeller IV and Hon. Kay
Bailey Hutchison............................................... 109
Letter, dated October 7, 2009, from Jane Harman, Congresswoman--
36th District, California, to Hon. John D. Rockefeller IV and
Hon. Kay Bailey Hutchison...................................... 110
Letter, dated October 5, 2009, from Leroy D. Baca, Sheriff--
County of Los Angeles to Hon. John D. Rockefeller IV and Hon.
Kay Bailey Hutchison........................................... 111
Letter, dated October 5, 2009, from Stephen C. Hora, Director--
CREATE, to Hon. John D. Rockefeller IV and Hon. Kay Bailey
Hutchison...................................................... 113
Letter, dated October 6, 2009, from Matthew E. Broderick,
Brigadier General (Ret.), USMC, Former Director of Operations--
Department of Homeland Security to Hon. John D. Rockefeller IV
and Hon. Kay Bailey Hutchison.................................. 114
Letter, dated October 5, 2009, from Ronald L. Iden, Senior Vice
President, Chief Security Officer--The Walt Disney Company to
Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison...... 115
Letter, dated September 28, 2009, from James T. Butts, Jr.,
Deputy Executive Director, Airport Law Enforcement and
Protection Services--Los Angeles World Airports to Hon. Kay
Bailey Hutchison............................................... 116
Letter, dated October 14, 2009, from Jack H. Knott, Ph.D., C.
Erwin and Ione L. Piper Dean, School of Policy, Planning and
Development--University of Southern California to Hon. Joseph
Liberman and Hon. John D. Rockefeller IV....................... 118
NOMINATIONS TO THE
DEPARTMENT OF HOMELAND SECURITY,
THE DEPARTMENT OF COMMERCE, AND NASA
----------
THURSDAY, OCTOBER 15, 2009
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:47 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. The hearing will come to order. I want to
welcome and congratulate those who are going to be giving
statements and being questioned today, and entering the eye of
the storm. I think it's very courageous, people who take
positions like this and have to go through vetting and all
kinds of waiting, and we're going to have our hearing on such-
and-such a day, and then all of a sudden it's a week later and
you're saying: What's going on here. We're actually trying to
be as nice as possible, as nice as Senators can be.
We're going to start with Erroll Southers, but we're not
going to just yet. So that cleared everybody. He will be the
nominee to be Assistant Secretary of Transportation Security
Administration of the U.S. Department of Homeland Security. I
will just say, as if you were at the table, Mr. Southers, the
Department's going to need very strong and stable leadership in
the coming years. I've expressed to you my own personal
dissatisfaction with the--that's fine, you stay there; I'm
looking right at you--with the Department of Homeland Security,
in a number of respects. I think it's probably the most
important agency because it has to do with homeland security.
It's also the least recognized. It always comes in after all
those that are making TV, et cetera.
TSA's success is vital to our Nation's transportation, to
all the people who use it, and also, most importantly, to our
Nation's security. Should you be confirmed, I'm particularly
interested in working with you and your colleagues to complete
the Cargo and Surface Transportation Initiatives, to improve
the security of general aviation--I want to talk about general
aviation--and to discover and implement new technologies in
commercial aviation security. So I look forward to your
testimony.
Our second panel will feature Dr. Pat Gallagher, who is the
President's nominee to be Director of the National Institute of
Standards and Technology. NIST, through its measurement,
research, and calibration services, is essential to keeping our
country strong and competitive, particularly in issues
important to me, such as energy, climate change, and
cybersecurity.
You have served the organization well and honorably for
many years and I know it remains in good hands with you at the
helm.
Finally, we welcome Beth Robinson, Dr. Beth Robinson, Dr.
Elizabeth Robinson, the President's nominee to be Chief
Financial Officer at the National Aeronautics and Space
Administration; and Mr. Paul Martin, nominated to be the
Inspector General at the same organization. If confirmed, both
of you will have your jobs cut out for you. NASA is a major
agency, which is trailed around with a bit of public
skepticism, as you well know, particularly on the question of
fiscal responsibility, accountability, that kind of thing,
which tends to be important.
Dr. Robinson, it will be your job to stabilize the agency's
finances and, with your background, I'm confident you will make
that happen.
Meanwhile, the agency has gone without an effective
inspector general for too long. I like IGs. I serve on the
Intelligence Committee and I really like IGs. They can bring it
down and they tend to be independent and they tend to say
things which are the truth, which some of their bosses may not
appreciate. But that's the way we learn.
I think that there's a lot of waste, fraud, and abuse at
NASA, and there is in Medicare, too. You're not alone. So those
are very big organizations and it all has to be attacked very
aggressively.
With respect to you, Mr. Martin--where's Mr. Martin? OK,
well, back there. I expect him to lead the effort, not only in
cleaning up the Office of Inspector General, but, I also want
him to oversee this multi-billion dollar agency, allocating its
resources efficiently and using them effectively.
So, thank you again for presenting yourself for public
service. Many of you are already in it. All of your testimony
will be, the full testimony, will be in the record, and then I
have the honor to call on my colleague, Senator Kay Bailey
Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you, Mr. Chairman. I'm very
pleased to be here. I won't reiterate the welcome that you have
given to the four nominees, just to say that I have met with
Mr. Southers in my office and I think that his experience in
Los Angeles is certainly good experience for this job. I think
it will be important to know his position on some of the key
issues that might affect the Transportation Security
Administration.
This is an agency that many travelers depend on, and they
have done an excellent job so far in protecting American
travelers. But I think that we are looking at issues that might
arise, and, one of course, would be the collective bargaining
issue of the employees of this agency. We are always very
careful when we have security forces and police officers and
agents of all kinds who protect our security that we always
protect against striking that might harm the public or disrupt
the traveling public. So, I will want to know from Mr. Southers
what his views are on that.
Certainly I think that I would have to say I hear from many
stakeholder groups in TSA that--not in TSA, but who work with
TSA--that maybe the cooperation between the stakeholders and
the TSA could be improved. I would certainly want to hear more
about that.
Dr. Robinson, I don't think anyone is skeptical about NASA.
I think NASA is a great effort that this country has been
committed to for a long time, and we just want to make sure
that it is the best and that the financial reins that you will
hold are used in a way that will make it as efficient as it can
possibly be.
But it is very constrained in its operations by a limited
budget, and it's hard to put a limit when you are exploring and
trying to do the creative things and trying things sometimes
that work and sometimes that don't. So, I will certainly be
interested in knowing how you will approach that job; and
hearing from the Inspector General as well, Mr. Martin.
Dr. Gallagher, for the Director of NIST, I will certainly
look forward to hearing from you, and I appreciate all of you
being willing to go through, as the Chairman said so well, the
rigors of the vetting process to serve your country. So we
appreciate that and we look forward to hearing more from you
and having the ability to work with you as we go through this
process. Thank you.
Thank you, Mr. Chairman.
[The prepared statement of Senator Hutchison follows:]
Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Chairman Rockefeller, for convening the hearing today to
review these important nominations. We have several capable nominees to
consider.
On the first panel, we will consider Mr. Erroll Southers. Mr.
Southers, we welcome you and appreciate your interest in being the next
TSA Administrator. If confirmed, the job before you is extremely
difficult and the decisions you make will have tremendous impact on the
safety and economic viability of our national transportation system
across all modes.
The challenges and threat assessments our intelligence and security
community face every day are too numerous to mention, but there are a
number of initial topics I would like to briefly highlight.
First is the issue of allowing transportation security officer's
(TSO), or screeners, to collectively bargain. While Federal law
prohibits screeners from going on strike, former TSA Administrators
have argued that allowing screeners to collectively bargain could have
dire consequences on TSA's fundamental security mission by degrading
TSA's need for a flexible workforce that can react quickly to emerging
threats. How you specifically intend to address the collective
bargaining issue will be of great interest to this Committee.
Second, you are going to have to work very hard to re-establish a
more cooperative and trusting relationship with industry across all
modes. I repeatedly hear from constituents and stakeholder groups that
TSA quickly turns a deaf ear to cooperation and partnerships with
industry and too often uses blunt force in policy areas that need a
more highly coordinated and agreed upon approach.
Third, the day-to-day management challenges of running and leading
an agency of over 50,000 people is a difficult task for any manager. I
will be interested to hear your thoughts on how you intend, if
confirmed, to lead and manage the agency.
Congress and the traveling public put an enormous amount of trust
in the TSA every day. The inherent need and economic implications of
maintaining a safe and secure transportation system are an integral
part of our national security.
I would also like to welcome our other nominees, who will appear on
the second panel. Dr. Elizabeth Robinson has been nominated for the
position of Chief Financial Officer at NASA. This is a very important
position at NASA, and one of the keys to providing confidence in NASA's
financial management and effective use of taxpayer dollars in
fulfilling its very complex and challenging mission.
I am also pleased that a nominee for NASA Inspector General has
been selected. Mr. Martin appears well qualified for this position,
which can and should serve as an important resource for both NASA and
for the Congress.
NASA is challenged, as never before, with continuing to conduct its
unique and vital missions in an environment of constrained resources.
We have seen improvements in NASA's financial management in recent
years, and it is important that relatively recent new initiatives in
financial management, accounting and reporting be continued, improved
where necessary, and brought to fruition as new and effective financial
policies and practices. Both Dr. Robinson and Mr. Martin hold
impressive background experience to equip them well to undertake the
challenges and responsibilities of these positions.
I am also happy to welcome Dr. Patrick Gallagher, the nominee for
the Director of the National Institute of Standards and Technology,
here today. NIST is one of the key components to keeping America
competitive. I believe that the Administration's selection of a career
employee with more than fifteen years of experience at NIST will
strengthen the agency and help further advance the goals and missions
of NIST.
Mr. Chairman, thank you, I look forward to hearing from the
nominees.
The Chairman. Thank you, Senator Hutchison.
Now I believe the distinguished Senator from the State of
Washington has an introduction to make.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. Thank you for
holding this hearing, and Ranking Member Hutchison and other
committee members. It is important to get these nominees into
positions that can help us work on these important policy
issues.
I'm pleased to introduce today to the Committee, Dr.
Elizabeth Robinson, the President's nominee to be the Chief
Financial Officer of NASA. We are very proud in the State of
Washington that Dr. Robinson is a Washingtonian. While she has
spent many years here in this Washington, she comes with great
Pacific Northwest values.
Currently Beth is the Director for Budget at the White
House Office of Management and Budget, overseeing the
development, enactment, and execution of President Obama's
annual budget request, and she is the most senior career
official at OMB. I want to thank Beth for her public service to
date and her willingness to take on another challenging
assignment.
Beth's Washington State roots run deep and I know her
family is with her here today and she's going to introduce
them. I know that there are others, her mother and brother and
sister, who could not join us today in person, but are watching
the hearing on streaming video back in Washington State. They
should all be very proud of her as well.
The CFO of a technology agency needs to be very well versed
in both budgetary and financial matters, needs to recognize the
role Congress plays and not feel threatened by it, but should
have the capacity to understand enough of the agency's
technical issues to be able to ask the right questions. It's
hard to find people with both of those skill sets.
After meeting Beth, I came away feeling that her unique
experience and demeanor makes her a great fit to be NASA's next
CFO. I am genuinely impressed with her resume. I have always
been a strong advocate for women who pursue degrees in math and
science, and the first thing I notice is that Beth earned her
Ph.D. in geophysics from MIT. Her thesis was about numerical
modeling of the interior of the Earth, with comparisons to
satellite data. Without needing to know any of the details, it
tells me right away she has the ability to help keep NASA's
program managers on their toes, and she understands numbers,
but she also understands technology.
But in addition, Dr. Robinson also understands the Hill.
Having worked here for Representative Gephardt for several
years, as a project director at the former Office of Technology
Assessment, where she cut her teeth, and later for George Brown
as a staff member of the House Science Committee, she has had
great interaction with us and our colleagues.
In the late 90s, Beth left the Hill to work at the Office
of Management and Budget, and in 2003 she headed back to the
Hill to serve as Deputy Director of the Congressional Budget
Office. Among other duties, she oversaw the Management Division
and reviewed signoff on all of its reports. After 2 years at
CBO, Beth headed back to OMB to be the Assistant Director,
where she remains today.
So, if confirmed as the CFO of NASA, Beth will oversee the
agency's financial management, personnel activities and
operations, and I consider her to be a really strong nominee. I
hope my colleagues will vote her out of the Committee as soon
as possible so we can get on with the important business that
needs to be accomplished at NASA.
I thank the Chairman for this opportunity to introduce Dr.
Robinson and I look forward to working with her and the other
nominees that are on the docket today. I thank the Chairman.
The Chairman. Thank you, Senator Cantwell.
Dr. Robinson, if you can sort of trade places with Mr.
Southers. Thank you very much, Senator Cantwell.
Senator Udall, do you have to make an introduction right
now?
Senator Udall. No.
The Chairman. You don't.
Senator Udall. No. I'm happy to do it in the order you have
it set up, Mr. Chairman.
The Chairman. All right.
The floor is yours, Mr. Southers. We're happy to see you.
STATEMENT OF ERROLL G. SOUTHERS,
ASSISTANT SECRETARY-DESIGNATE,
TRANSPORTATION SECURITY ADMINISTRATION,
U.S. DEPARTMENT OF HOMELAND SECURITY
Mr. Southers. Thank you, Senator. Good afternoon, Chairman
Rockefeller, Ranking Member Hutchison, and distinguished
members of this Committee. It is a privilege to appear before
you today as President Obama's nominee to be Assistant
Secretary of the Department of Homeland Security for the
Transportation Security Administration. I am honored by the
President's nomination and greatly appreciate Secretary
Napolitano's support.
I look forward to this opportunity to address your
questions as you consider my nomination. With the Committee's
indulgence, I would like to thank my parents, James and Thelma;
my wife, Karen; and our children James and Maiya, for all their
support during this process and throughout my career. I would
also like to thank the fine men and women of the Los Angeles
World Airports Police Department, some of whom traveled to join
me here today.
I share the Secretary's vision that protecting our homeland
from terrorism is a collective responsibility in which all
Americans have a role to play. To protect our transportation
systems, it is critical to work with all of our partners,
including the other Federal agencies, State, local, and tribal
governments, private industry, our international partners, and
most important of all, our traveling public.
By engaging these partners, we will more effectively
protect the Nation's vital transportation systems, to ensure
the free flow of United States commerce and the free movement
of the American people.
If confirmed, I know the honor of leading TSA will come
with great challenges and responsibilities. TSA was created to
respond to the threat of terrorism following the tragic events
of September 11, 2001. I assure you that protecting our
transportation systems from the ongoing threat of terrorism,
while at the same time safeguarding the ability of all law-
abiding citizens to travel freely, will remain my highest
priority.
I have worked on public safety and counterterrorism matters
at the Federal, State, and local level for 30 years, and if
confirmed, I look forward to bringing valuable experience and
perspective to TSA. Since 2007, I have served as an Assistant
Chief, commanding the Office of the Homeland Security and
Intelligence for the Los Angeles World Airports Police
Department, LAWA, the largest aviation law enforcement agency
and explosive detection K9 unit in the United States.
I understand well the challenges of securing the Los
Angeles International Airport, one of the most complex airports
in the United States, as well as general aviation airports in
Palmdale, Ontario, and Van Nuys. And I fully recognize the
importance of ensuring the security of surface transportation
through a risk-based and intelligence-driven approach.
Since 2006, I also have served as the Associate Director
for the Center for Risk and Economic Analysis of Terrorism
Events, CREATE, at the University of Southern California, the
Nation's first DHS center of excellence, where I developed the
executive program in counterterrorism. This program is designed
to challenge international counterterrorism leaders and enhance
their analysis, coordination, and response capabilities.
Protecting America against an ever-evolving threat requires
an innovative and interdisciplinary approach to security. My
experience with LAWA and CREATE has afforded me the opportunity
to collaborate with my international counterparts and other
world experts in sharing best practices to combat terrorism. If
confirmed, I will continue to draw on these relationships to
benefit TSA's mission, understanding that a professional and
effective workforce will help promote public confidence and
lead to a more secure and resilient America.
Prior to joining the LAWA Police Department, I served as
the Deputy Director of the California Office of Homeland
Security for Governor Schwarzenegger. I was also responsible
for post-9/11 counterterrorism policy and protection of
California's critical infrastructure. While serving in this
capacity, I also had the opportunity to participate in the
national working group responsible for developing the national
infrastructure protection plan.
Secretary Napolitano has emphasized a ground-up approach to
homeland security, an approach which epitomizes my professional
development. During my career I have served as a special agent
with the Federal Bureau of Investigation. There I worked on
foreign counterintelligence and terrorism investigations and
served as a member of the Bureau's SWAT team. I began my law
enforcement career as a police officer for the Santa Monica,
California, Police Department and I have been a faculty member
and tactical officer at the Rio Hondo Police Academy.
If confirmed, I am committed to providing the TSA workforce
with the necessary leadership and support to ensure TSA's
ability to protect the American public. I witnessed the great
work of the transportation security officers every day and know
firsthand the challenges they face to protect our aviation
system. I admire their professionalism and dedication and would
be honored to serve as their Assistant Secretary.
In closing, I have enjoyed the opportunity to meet with
members of the Committee and your staffs over the past few
weeks. I am fully aware that this committee had a leading role
in creating TSA. I welcome this committee's expertise and
partnership. If confirmed, I look forward to working closely
with each of you to support TSA's mission. You have my
commitment that I will work to strengthen TSA's ability to
counter the terrorist threat to our transportation systems
while also safeguarding and enhancing the travel of people and
the flow of goods.
Mr. Chairman, Ranking Member Hutchison, I thank you for the
opportunity to appear before you today and I look forward to
answering your questions.
[The prepared statement and biographical information of Mr.
Southers follows:]
Prepared Statement of Erroll G. Southers, Assistant Secretary-
Designate, Transportation Security Administration, U.S. Department of
Homeland
Security
Good afternoon, Chairman Rockefeller, Ranking Member Hutchison, and
distinguished members of this Committee. It is a privilege to appear
before you today as President Obama's nominee to be Assistant Secretary
of the Department of Homeland Security (DHS) for the Transportation
Security Administration (TSA). I am honored by the President's
nomination and greatly appreciate Secretary Napolitano's support. I
look forward to this opportunity to address your questions as you
consider my nomination.
With the Committee's indulgence, I would like to thank my parents,
James and Thelma; my wife, Caryn; and our children, James and Maia, for
all their support during this process and throughout my career. I would
also like to thank the fine men and women of the Los Angeles World
Airports Police Department, some of whom traveled to join me here
today.
I share the Secretary's vision that protecting our homeland from
terrorism is a collective responsibility in which all Americans have a
role to play. To protect our transportation systems, it is critical to
work with all of our partners, including other Federal agencies, state,
local, and tribal governments, private industry, our international
partners, and most important of all, the traveling public. By engaging
these partners, we will more effectively protect the Nation's vital
transportation systems to ensure the free flow of U.S. commerce and the
free movement of the American people.
If confirmed, I know the honor of leading TSA will come with great
challenges and responsibilities. TSA was created to respond to the
threat of terrorism following the tragic events of September 11, 2001.
I assure you that protecting our transportation systems from the
ongoing threat of terrorism, while at the same time safeguarding the
ability of all law-abiding Americans to travel freely, will remain my
highest priority.
I have worked on public safety and counterterrorism matters at the
Federal, state, and local level for 30 years and, if confirmed, I look
forward to bringing valuable experience and perspective to TSA. Since
2007, I have served as an Assistant Chief, commanding the Office of
Homeland Security and Intelligence for the Los Angeles World Airports
(LAWA) Police Department, where I have enjoyed a valuable partnership
with TSA in Los Angeles. I am currently responsible for all
counterterrorism and security credential assets at the four airports
under the LAWA organization. The LAWA Police Department is the largest
aviation law enforcement agency in the United States and has the
largest airport explosives canine detection unit in the Nation. I
understand well the challenges of securing Los Angeles International
Airport (LAX), one of the most complex airports in the United States,
as well as general aviation airports in Palmdale, Ontario and Van Nuys,
which is among the busiest general aviation airports in the Nation.
Protecting America against an ever-evolving threat requires an
innovative and interdisciplinary approach to security. In my current
position with the LAWA Police Department, I participated in the
conceptualization of the pilot Assistant Randomized Motor Over Routes
(ARMOR) program designed to detect and deter vehicle-borne improvised
explosive devices (IED). I am also involved with two DHS Chemical/
Biological Operational Technology Development Pilot and Preventative
Radiological Nuclear Detection Programs.
Since 2006, I also have served as the Associate Director for the
Center for Risk and Economic Analysis of Terrorism Events (CREATE) at
the University of Southern California (USC). I am responsible for the
development and enhancement of education programs and special projects
at CREATE, the Nation's first DHS Center of Excellence, and I developed
the Executive Program in Counter-Terrorism, designed to challenge
international counter-terrorism leaders and enhance their analysis,
coordination, and response capabilities.
My experience with LAWA and CREATE has afforded me the opportunity
to collaborate with my international counterparts and other world
experts in sharing best practices to combat terrorism. If confirmed, I
will continue to draw on these relationships to benefit TSA's mission,
understanding, that a professional and effective workforce will help
promote public confidence and lead to a more secure and more resilient
America.
Prior to joining the LAWA Police Department, I served as the Deputy
Director of the California Office of Homeland Security for Governor
Schwarzenegger. I was responsible for post-9/11 counterterrorism policy
and the protection of California's critical infrastructure. While
serving in this capacity, I also had the opportunity to participate in
the national working group responsible for developing the National
Infrastructure Protection Plan (NIPP).
Secretary Napolitano has emphasized a ``ground-up'' approach to
homeland security, an approach which epitomizes my professional
development. During my career I have served as a Special Agent with the
Federal Bureau of Investigation. There I worked on foreign
counterintelligence and terrorism investigations, and served as a
member of the Bureau's SWAT Team. I began my law enforcement career as
a police officer for the Santa Monica, California Police Department and
I have been a faculty member and tactical officer at the Rio Hondo
Police Academy.
If confirmed, I am committed to providing the TSA workforce with
the necessary leadership and support to ensure TSA's ability to protect
the American public. I witness the great work of Transportation
Security Officers every day and know firsthand the challenges they face
to protect our aviation system. I admire their professionalism and
dedication and would be honored to serve as their Assistant Secretary.
I also believe that a close working relationship with Congress and
this Committee is essential. I am fully aware that this Committee had a
leading role in creating TSA, and has encouraged TSA to enhance
security in surface transportation, while never losing focus on the
continuing threat to aviation and the flow of goods. I fully recognize
and understand that improving surface transportation security is a work
in progress and one to be addressed with a strategy that is risk-based
and intelligence-driven.
I have enjoyed the opportunity to meet with Members of this
Committee and your staffs over the past few weeks. I welcome this
Committee's expertise and important oversight function, and if
confirmed I look forward to working closely with this committee to
support TSA's mission.
In closing, I wish to again thank President Obama and Secretary
Napolitano for their confidence in my ability to lead TSA. If
confirmed, I will work to improve TSA's ability to counter the
terrorist threat to our transportation systems, while also safeguarding
and enhancing the travel of people and the flow of goods. Mr. Chairman,
Ranking Member Hutchison, I thank you for the opportunity to appear
before you today and I look forward to answering your questions.
______
a. biographical information
1. Name (Include any former names or nicknames used): Erroll
Gregory Southers.
2. Position to which nominated: Assistant Secretary of Homeland
Security (Transportation Security Administration).
3. Date of Nomination: September 17, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: Los Angeles World Airports Police Department, 9841
Airport Boulevard, Los Angeles, CA 90045.
Office: University of Southern California, 3710 McClintock
Avenue, RTH 305, Los Angeles, CA 90089.
5. Date and Place of Birth: August 9, 1956; Elizabeth, New Jersey.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Caryn S. Beck-Southers (Spouse), Literacy Coach, Los Angeles
Unified School District; children: James E. Southers (Son--22
yrs.), Maia D. Southers (Daughter--9 yrs.).
7. List all college and graduate degrees. Provide year and school
attended.
Brown University, BA--1978.
University of Southern California, MPA--1998.
University of Southern California (I am currently a student in
the doctorate program--DPPD expected in 2011).
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Management-level or related
Assistant Chief of Homeland Security and Intelligence (2007 to
present)--Los Angeles World Airports Police Department.
Associate Director (2006 to present)--CREATE (Center for Risk
and Economic Analysis of Terrorism Events), University of
Southern California (A Department of Homeland Security ``Center
of Excellence'').
Deputy Director for Critical Infrastructure (2004-2006)--
California Governor's Office of Homeland Security.
Chief of Protective Services (1991-1993/1995-1999).
Assistant Vice President/Chief of Protective Services (1999-
2004)--Los Angeles County Museum of Art.
President and CEO (1997-2004)--Risk Management Consultants
International.
Executive Director (1993-1995)--City of Long Beach, Citizen
Police Complaint Commission--City Manager's Office.
Other Employment
Adjunct Professor of Homeland Security and Public Policy (2003
to present)--University of Southern California.
Special Agent (1984-1988)--Federal Bureau of Investigation.
Faculty and Tactical Officer (1982-1984)--Rio Hondo Police
Academy.
Police Officer (1980-1984, 1988-1991)--Santa Monica Police
Department.
Research Assistant (1978-1979)--Department of Endocrinology,
Rhode Island Hospital, Rhode Island.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
LAX Airport Security Advisory Committee (2005-2006).
DHS Center for Risk Economic Analysis and Terrorism Events
(CREATE) Government Advisory Board (2004-2006) (This was not a
Federal advisory committee).
U.S. Department of State Overseas Security Advisory Council.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Risk Management Consultants International, President and CEO,
(1997-2004).
University of Southern California, School of Policy, Planning
and Development Alumni Association--Co-Chair (2004-2007); Board
Member Emeritus--honorary position (2007 to present).
Risk Management Solutions, Consultant (2007).
Contemporary Services Corporation, Consultant (2006).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Current Memberships
Society of Former Special Agents of the FBI, 1997 to present.
International Association of Chiefs of Police, 1991-1993/2008
to present.
University of Southern California School of Policy, Planning
and Development Alumni Association, Co-Chair, 2004-2007; Board
Member Emeritus, 2007 to present.
Past Memberships
International Association for Counterterrorism and Security
Professionals, Member, 2007-2009.
Miracle Mile Chamber of Commerce, Member, 2004-2005.
University of Southern California Professional Development
Mentor Program, Member, 2003-2005.
University or Southern California, School of Policy, Planning
and Development Strategic Planning Group, Member, 2003-2004.
University of Southern California Alumni Advisory Committee,
Member, 2003-2004.
LA Youth Newspaper Advisory Board, Member, 2003-2004.
International Foundation for Cultural Property Protection,
Chair; Chair, 2001-2002; Member, 1996-2004.
American Society for Public Administration, Member, 1996-1998.
Western Museums Association, 1995-2004; Board of Directors,
1999-2004; Member, 1995-1998.
American Association of Museums, Security Committee, Member,
1992-2004.
American Society for Industrial Security, 1991-2004; Member,
1991-2004; Chair, Museum and Cultural Properties Committee,
1998-2000.
Brown University Alumni Schools Committee, (approximate dates)
1991-1995/2001-2004).
* None of these organizations restricts membership on the basis of
sex, race, color, religion, national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, nonelected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Yes. I was appointed Deputy Director for Critical Infrastructure
and served from 2004-2006 in the California Governor's Office of
Homeland Security.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
I served as a volunteer advisor to the Homeland Security Policy
Group during Senator Obama's Presidential Campaign. (2008)
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
USC Widney Alumni House Award (2007).
American Assembly of Columbia University Next Generation Fellow
(2007).
UCLA School of Public Affairs Senior Fellow (2006-2009).
Certified in Homeland Security Program Top Achiever Award
(2006).
Los Angeles Miracle Mile Civic Coalition Good Heart Award
(2005).
USC School of Policy, Planning and Development Outstanding
Alumni Award (2004).
International Organization of Black Security Executives Leading
Edge Award (1999).
Police Department Medals for: Counterterrorism, 1984 Olympics,
Professional Achievement and Marksmanship.
Rio Hondo Police Academy Outstanding Cadet Award (1980).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Articles and Publications
International Research Proposal: Peroxide-Based Explosives
Detection Technologies and Risk Assessment--This was a grant
proposal the University of Southern California submitted in
2007 to the Department of Homeland Security. I co-authored the
proposal.
International Counter-Terrorism Conference (Herzliya, Israel)
Abstract--In 2008, at the World Summit on Counter-Terrorism, I
presented information on aviation related terrorism.
Nuclear Power Plant Conference Abstract--In 2007, at the
National Radiological Emergency Preparedness Conference, I
outlined a brief history of the lessons learned from a variety
of international incidents, my studies abroad, and work
undertaken by the Homeland Security Centers of Excellence.
Counter-Terrorism Tools and Approaches Abstract--In 2006, at
the LA Terrorism Early Warning Group Conference, I presented
information describing the beginning of an interdisciplinary
response to the proposed implementation of the National
Infrastructure Protection Plan (NIPP).
Speeches
2009
Joint Chiefs of Staff Level IV Antiterrorism Seminar, ``Social
Network Analysis and the Protection of Critical
Infrastructure'', McLean, VA.
International Terrorism Intelligence (ITI) Conference, ``Threat
Categorization and Pro-Active, Intelligence-Led Preventive
Security'', Washington, D.C.
Airport Security Coordinator Training Program, ``Homeland
Security and the Protection of the Aviation Domain'', Los
Angeles, CA.
CPM 2009 West--Business Resilience Strategies, Keynote Speaker,
Las Vegas, NV.
10th Annual California Tourism Safety and Security Conference,
Keynote Speaker, Anaheim, CA.
Stanford University, Guest lecturer--``Dilemmas in Counter-
Terrorism Decision-Making'', Palo Alto, CA.
Redondo Police Department Citizens Academy, ``Counter-Terrorism
101'', Redondo, CA.
2009 International AVSEC Conference, ``Strategies Against
Terrorism'', Hong Kong, Hong Kong.
Joint Chiefs of Staff Level IV Antiterrorism Executive Seminar,
``Social Network Analysis and the Protection of Critical
Infrastructure'', Tysons Corner, VA.
Federal Air Marshals International Group, ``LAX Counter-
Terrorism Brief'', Los Angeles, CA.
Los Angeles Mayor's Office Retreat, ``LAX Homeland Security and
Intelligence'', Los Angeles, CA.
The Boeing Corporation, ``Industrial Security Counter-Terrorism
Brief'', Huntington Beach, CA.
El Segundo Law Enforcement Roundtable, ``Social Network
Analysis & The Protection of Critical Infrastructure'', El
Segundo, CA.
2008
DHS and IBC Roundtable on Security and Liberty: Perspectives of
Young Leaders, ``Toronto, London and Madrid: Could it Happen
Here?'', Los Angeles, CA.
19th Annual ISAC Seminar, ``Terrorist Networks and Protecting
Critical Infrastructure'', Long Beach, CA.
California Governor's Office of Homeland Security Training
Conference, ``Threat Briefing'', Monterey, CA.
Chairman, Joint Chiefs of Staff Level IV Antiterrorism
Executive Seminar, ``Terrorist Networks and Protecting Critical
Infrastructure'', Washington, D.C.
Research Security Associates Seminar, ``Analyzing, Mitigating,
Responding and Managing Threats and Emergencies'', Fountain
Valley, CA.
World Summit on Counter-Terrorism, ``Aviation Terrorism: Common
Sense or Ticking Boxes'', Herzliya, Israel.
Visit to California of British Columbia Officials, ``Social
Networking and Critical Infrastructure Protection'', Los
Angeles, CA.
Governor's Office of Homeland Security Annual Conference,
``Social Networking and Terrorism'', Palm Desert, CA.
Great Lakes Homeland Security Training Conference and Expo,
``Keynote'', Great Lakes, MI.
National Radiological Emergency Preparedness Conference, ``The
Terrorist Threat in America: What CNN Hasn't Told You!'', Las
Vegas, NV.
Chairman, Joint Chiefs of Staff Level IV Antiterrorism
Executive Seminar, ``Terrorist Networks and Protecting Critical
Infrastructure'', Washington, D.C.
2008 Beijing Olympics, Terrorism Update and Counter-terrorism
Assessment, Beijing, Shanghai and Qingdao, China.
Homeland Security S&T Stakeholders Conference--West, Keynote
Speaker, Los Angeles, CA.
2007
Boeing National Security Briefing, ``Counter-Terrorism
Update'', Huntington Beach, CA.
Greater LA ISAC Seminar, ``The Terrorist Threat'', Long Beach,
CA.
LAX Chamber of Commerce Annual Protector's Breakfast,
``Intelligence and Counter-Terrorism'', Los Angeles, CA.
Center for Asymmetric Warfare Conference, ``Terrorism
Radicalization and Indoctrination'', Los Angeles, CA.
Western Museums Association Annual Conference, ``Counter-
Terrorism Update'', Oakland, CA.
USC Executive Management in Leadership Master's Program,
``Guest Lecture--Leadership in Adversity'', Los Angeles, CA.
Aviation Career Education Graduation, ``Career Development'',
Los Angeles, CA.
Santa Monica Rotary Club, ``LAX--Intelligence and Counter-
Terrorism'', Los Angeles, CA.
Sacramento Homeland Security Regional Training, ``Counter-
Terrorism High Rise Training Class'', Sacramento, CA.
2007 American Council of Young Political Leaders--UCLA, ``The
Ethics of Decision Making'', Los Angeles, CA.
2007 University of Southern California Commencement, ``Alumni
Address'', Los Angeles, CA.
National Radiological Emergency Preparedness Conference,
``Terrorism: The Threat, The Response'', Newport Beach, CA.
Chicagoland Chapter of Young Presidents Organization,
``Terrorism: The Threat, The Response'', Chicago, IL.
Boeing Aerospace, ``Reducing the Risks After 9/11'', Anaheim,
CA.
University of Southern California Board of Trustees Annual
Retreat, CREATE panel presentation, La Quinta, CA.
Whittier College Homeland Security Conference, ``America at
Risk: The Nexus of Homeland Security and Transportation
Policy'', Whittier, CA.
Ottawa Law School, ``Terrorist Targeting Methodology: Lessons
Learned'', Ottawa, Canada.
Global Futures Forum, ``An Interdisciplinary Perspective:
Preventing and Contributing to Social Tension-The Paradox of
Education in Multiculturalism'', Ottawa, Canada.
Los Angeles District Rotary Meeting, ``Creating Networks to
Counter Terrorist Networks'', Los Angeles, CA.
2006
CALSAGA 2006 Annual Conference, ``Report on California Homeland
Security'', Temecula, CA.
17th Annual ISAC Seminar, ``Critical Infrastructure: The
Terrorist Threat--The Response'', Long Beach, CA.
LA Terrorism Early Warning Group Conference, ``Counter-
Terrorism Tools and Approaches'', Santa Monica, CA.
Long Beach Rotary Club, ``Responding to the Terrorist Threat:
Creating Networks to Combat Terrorist Networks'', Long Beach,
CA.
CalTrans Response and Recovery Conference, ``Responding to the
Terrorist Threat: Creating Networks to Combat Terrorist
Networks'', Rancho Cordova, CA.
The One Hundred Club of Contra Costa County, ``Responding to
the Terrorist Threat: Building Networks to Counter Terrorist
Networks'', San Ramon, CA.
California Alliance for Response, ``The Terrorist Threat--
Building Networks to Fight Networks'', Los Angeles, San Diego,
San Francisco and Sacramento, CA.
Irvine Police Department Public/Private Partnership,
``Countering the Terrorist Threat'', Irvine, CA.
Los Angeles Police Protective League Annual Delegates
Conference, ``Homeland Security'', Rancho Mirage, CA.
Black Journalists Association of Southern California,
``Homeland Security and the Terrorist Threat'', Los Angeles,
CA.
Los Angeles County 2006 Commissioner's Leadership Conference,
``Luncheon Speaker'', Los Angeles, CA.
San Diego Regional Terrorism Threat Assessment Center Briefing,
``OHS and the State of Critical Infrastructure Protection'',
San Diego, CA.
CREATE--The Risks and Economic Impacts of Terrorist Attacks
Conference, ``Risk Based Decision Making Panel'', Los Angeles,
CA.
Anti-Defamation League Advanced Security Training for Jewish
Institutions, ``Homeland Security--Keynote'', Los Angeles, CA.
Rotary GSE Forum, ``Homeland Security'', Wilmington, CA.
Chemistry Industrial Council of California, ``Critical
Infrastructure'', Los Angeles, CA.
Office of Homeland Security Community College Briefing,
``Critical Infrastructure'', Long Beach, CA.
The Security Network Seminar on the Protection of Critical
Infrastructure, ``Homeland Security'', San Diego, CA.
International Organization of Black Security Executives Annual
Conference, ``Status of Homeland Security'', Orlando, FL.
Project GRAD, ``Careers in Justice: A Town Hall Meeting'', Van
Nuys, CA.
UCLA Spring 2006 Lecture Series on National and Human Security
Worldwide, ``California Counter-Terrorism UNCLASSIFIED:
Everything You Thought You Heard on CNN but Didn't'', Los
Angeles, CA.
California State University OHS Briefing, ``State OHS
Strategy'', Long Beach, CA.
Research Security Administrators Seminar, ``State OHS Role'',
San Ramon, CA.
Law Enforcement Leadership Management Symposium, ``Law
Enforcement's Important Role in Homeland Security'', San
Francisco, CA.
Aerospace Security Conference, ``Critical Infrastructure
Protection'', El Segundo, CA.
Independent Cities Association Annual Conference, ``Homeland
Security'', Santa Barbara, CA.
Office of Homeland Security Regional Conference, ``Critical
Infrastructure'', Los Angeles, CA.
Office of Homeland Security Regional Conference, ``Critical
Infrastructure'', San Jose, CA.
Chief Executive Forum--Criminal Intelligence Bureau, ``Critical
Infrastructure Protection'', San Diego, CA.
HID Corporation Seminar, ``Take Control in a Rapidly Changing
Security Market'', Houston, TX.
2005
Chief Executive Seminar, ``Homeland Security and Infrastructure
Protection'', Monterey, CA.
International Association of Museum Facilities Administrators,
``Homeland Security'', San Francisco, CA.
San Jose Water District, ``Terrorism Threat Update'', San Jose,
CA.
California State Conference of the NAACP, ``Governor's
Remarks'', Los Angeles, CA.
USC Graduate Policy Administration Community, ``Leadership
Series'', Los Angeles, CA.
Peace Officers Association of Los Angeles County, ``Luncheon
Keynote'', Montebello, CA.
American College of Forensic Examiners Institute Homeland
Security Conference, Homeland Security Keynote, San Diego, CA.
St. Mary's Medical Center Emergency Preparedness Forum,
Critical Infrastructure and the Terrorist Threat, Long Beach,
CA.
ASIS Law Enforcement and Security Officer Appreciation Day,
Keynote Address, Studio City, CA.
Orange County Ready Disaster Conference, ``Homeland Security
and Emergency Preparedness'', Garden Grove, CA.
MCI Security Conference, ``Homeland Security'', Santa Ana, CA.
Monterey County Chief Law Enforcement Officers, ``California
Critical Infrastructure Protection Strategy'', Salinas, CA.
Orange County American Society of Safety Engineers Professional
Development Conference, ``California Homeland Security in
2005'', Costa Mesa, CA.
Infragard 2005 Security Symposium, ``The Terrorist Threat and
Disaster Preparedness'', Sacramento, CA.
California Fire Technology Director's Association, ``Homeland
Security and Emergency Preparedness'', Sacramento, CA.
Chief Special Agents Association, ``Homeland Security'',
Oakland, CA.
Miracle Mile Safety Summit, ``Emergency Preparedness and the
Local Community'', Los Angeles, CA.
Long Beach Pipeliners Association, ``Critical Infrastructure
and the Terrorist Threat'', Long Beach, CA.
MCI Security Conference, ``Homeland Security and Buffer Zone
Protection Plans'', Sacramento, CA.
Southeast Region Community Awareness and Emergency Response
Forum, ``Buffer Zone Protection Plans and the Chemical Industry
Sector'', Whittier, CA.
LAPD Law Enforcement and Private Security Conference,
``Homeland Security and Private Security'', Los Angeles, CA.
Los Angeles Sheriff's Department University Graduation,
``Commencement Keynote Address'', Whittier, CA.
Chiefs Executive Seminar on Criminal Intelligence, ``Critical
Infrastructure Protection and the Buffer Zone Protection
Plan'', Monterey, CA.
California College and University Police Chiefs Association
Conference, ``Weapons of Mass Destruction and the Terrorist
Threat'', South Lake Tahoe, CA.
American Legal Institute--American Bar Association,
``Preventative Planning and Emergencies, Including Terrorism'',
San Francisco, CA.
Computer Crime Conference, ``Homeland Security'', Los Angeles,
CA.
Department of Justice--Criminal Intelligence for Executives,
``Identifying Critical Assets and the Use of Criminal
Intelligence to Analyze Pre-Incident Indicators'', San Diego,
CA.
South Bay Cities Council of Governments Task Force on Homeland
Security, ``Homeland Security and Buffer Zone Protection
Plans'', El Segundo, CA.
South Bay Industrial Security Meeting, ``Homeland Security
Update'', El Segundo, CA.
National Conference on Cultural Property Protection, Keynote:
``Homeland Security'', Las Vegas, NV.
Independent Cities 17th Annual Winter Forum, ``Homeland
Security Forum: Be Prepared'', Santa Barbara, CA.
Baaden, Hoy and lannone 4th Annual Security Symposium,
``Homeland Security'', Torrance, CA.
California Community Awareness and Emergency Response
Association, ``Buffer Zone Protection Plans'', Carson, CA.
USC Capitol Career Day, ``Careers in Government'', Sacramento,
CA.
2004
UCLA School of Public Affairs Homeland Security Conference,
``Local and State Preparedness'', Los Angeles, CA.
Fire Chiefs Leadership Seminar, ``Homeland Security Strategy
and Exercise/Training Programs'', Monterey, CA.
Los Angeles Tenth Council District Public Safety Fair,
``Emergency Preparedness'', Los Angeles, CA.
International Foundation for Cultural Property Protection
Conference, ``Homeland Security Update'', Las Vegas, NV.
Los Angeles Sheriff's Department Community Advisory Conference,
``Homeland Security'', Los Angeles, CA.
Los Angeles County Fire Chiefs Meeting, ``Homeland Security'',
Los Angeles, CA.
USMC Antiterrorism and Critical Infrastructure Protection
Conference, Closing Keynote for Governor Schwarzenegger, San
Diego, CA.
Tri-Valley Human Resources Association, ``Homeland Security'',
Pleasanton, CA.
Second Annual Bay Area Conference on Homeland Security,
``Building State and Regional Preparedness'', Oakland, CA.
Homeland Security Forum, ``California Office of Homeland
Security'', Irwindale, CA.
Mayor James K. Hahn Homeland Security Leadership Summit,
``California Roundtable: The State of Preparedness'', Los
Angeles, CA.
League of California Cities Conference, ``Homeland Security and
Emergency Preparedness'', Long Beach, CA.
National Association of Emergency Medical Services Educators,
Invited Speaker--Represented Governor Schwarzenegger,
Hollywood, CA.
Release of Souls USA Tour--9/11 Salute to Uniformed Personnel,
Guest Speaker, San Diego, CA.
Release of Souls USA Tour--9/11 Salute to Uniformed Personnel,
Master of Ceremonies, Pasadena, CA.
Southern California Petroleum Club, ``Homeland Security'', Long
Beach, CA.
California State University Police Chiefs, ``Homeland
Security'', Long Beach, CA.
International Electronics Security Group, ``The Governor's
Office of Homeland Security'', Santa Clara, CA.
General Accounting Office, ``Terrorism in a Post-9/11 World'',
Los Angeles, CA.
Miracle Mile Residential Association Annual Meeting and 2151
Anniversary Celebration, ``Emergency Preparedness for the
Miracle Mile'', Los Angeles, CA.
Independent School Association of the Southwest Conference,
``How Big Is Your Security Blanket?'', Dallas, TX.
Foundations Inc. Beyond School Hours Conference, ``How Big Is
Your Security Blanket?'', San Diego, CA.
2003
Culver City Rotary Club, ``Terrorism in a Post 9/11 World'',
Culver City, CA.
National Middle School Association Annual Conference, ``How Big
Is Your Security Blanket?'', Atlanta, GA.
Los Angeles County Office of Education Regional Training,
``Security and Safety for After-School Programs'', Los Angeles
and Long Beach, CA.
International Foundation for Cultural Property Protection,
``Cultural Institutions and the Terrorist Threat'', ``Homeland
Security'' San Simeon, CA.
Mid-Atlantic Association of Museums Annual Conference,
``Security in a Post-9/11 World'', Newark, NJ.
RTK ArchitectsfRisk Management Consultants International
Seminar, ``Rethinking Public Safety: Security Through Design'',
Santa Monica, CA.
California League of Middle Schools Annual Conference, ``How
Big Is Your Security Blanket?'', San Diego, CA.
California League of High Schools/National High School
Association, ``How Big Is Your Security Blanket?'', North Lake
Tahoe.
2002
University of Southern California, School of Policy, Planning
and Development, ``Intergovernmental Management'', Los Angeles,
CA.
California League of High Schools/National High School
Association Annual Conference, ``How Big Is Your Security
Blanket?'', Monterey, CA.
International Foundation for Cultural Property Protection
Training Seminar, ``Changing the Face of Security,''
``Emergency Preparedness/Evacuations'', ``Insider Theft'',
Dallas, TX.
International Foundation for Cultural Property Protection
Training Seminar, Certified Institutional Protection Manager
Training, Athens, GA.
Museum Association of Arizona Annual Conference, ``Stealing
Away: Preventing Theft Inside and Out'', Camp Verde, AZ.
American Legal Institute-American Bar Association Annual
Conference, ``Safeguarding and Security of Museums, Visitors,
Staff, Collections, and Facilities: Practical Issues'',
``Disaster Planning and Response'', Los Angeles, CA.
National Conference on Cultural Property Protection, ``The Pros
and Cons of Contract Security'', Charleston, SC.
California Association of Independent Schools Trustee/Heads
Annual Conference, ``The Independent School in a Changed World:
Security Implications'', San Francisco, CA.
Pueblo Grande Museum Regional Training Seminar, ``How Big is
Your Security Blanket?'', Phoenix, AZ.
2001
University of Southern California, School of Policy, Planning
and Development, ``The FBI and Local Government'', Los Angeles,
CA.
International Foundation For Cultural Property Protection
Annual Conference, ``Emergency Preparedness,'' ``Workplace
Violence,'' ``Domestic Terrorism, Gangs and Subversive
Groups'', Keystone, CO.
Los Angeles County Museum of Art Docent Council, ``Security--At
Work and At Home'', Los Angeles, CA.
Western Museums Association Annual Conference, ``Threats in
Museums'', Palm Springs, CA.
American Association of Museums Annual Meeting, ``Blockbuster
Planning and Recovery'', St. Louis, MO.
Association of Art Museum Administrators Conference, ``The
Visitor Experience'', Los Angeles, CA.
Texas Association of Museums Annual Conference, ``Preparing for
the Inevitable: Emergency Preparedness and Response'', San
Antonio, TX.
Los Angeles County Museum of Art Docent Training Session,
``Security Awareness'', Los Angeles, CA.
National Conference on Cultural Property Protection,
``Challenges in Managing the Blockbuster Exhibition: Designing
a Visitor Services Plan'', Arlington, VA.
International Foundation for Cultural Property Protection
Annual Conference, ``Emergency Preparedness/Workplace
Violence'', Denver, CO.
The Center for Early Education Parent Night, ``Conceptual
Protection Plan'', West Hollywood, CA.
2000
Wildwood School Staff Orientation, ``Security Awareness'', Los
Angeles, CA.
ASIS International 46th Annual Seminar and Exhibits, ``Assaults
on Public Institutions'', Orlando, FL.
Federal Protective Service Regional Director's Conference,
``Tactical Ultraviolence: Preparing for Catastrophic Events'',
Potomac, MD.
American Association of Museums, ``Assaults on Public
Institutions--Protecting Life and Valuable Assets in the New
Millennium'', Baltimore, MD.
International Organization of Black Security Executives Annual
Conference, ``Lessons Learned from Schoolplace Violence'',
Washington, D.C.
National Conference on Cultural Property Protection,
``Preparing for Crisis--Assaults on Public Institutions'',
Arlington, VA.
California Association of Independent Schools Trustee School
Head Conference, ``At Risk Youth and Schoolplace Violence'',
San Francisco, CA.
1999
International Foundation for Cultural Property Protection
Annual Conference, ``Assaults on Public Institutions: Lessons
Learned'', ``Subversive Groups, Gangs, Domestic Terrorists'',
Denver, CO.
KTWV ``Points of Light Program'', ``Hate Crimes, Workplace and
School Violence'', Culver City, CA.
ASIS International Annual Seminar and Exhibits, ``Soft Targets
and the Terrorist Threat'', Las Vegas, NV.
Western Museums Association Annual Meeting, ``The Impact of
Terrorism on Cultural Institutions'', Sacramento, CA.
International Organization of Black Security Executives Annual
Conference, ``Terrorism: The Real Threat'', San Francisco, CA.
The Human Resources Consortium of Cultural Institutions of
Massachusetts, ``Visitor Services/Emergency Preparedness and
Response Seminars'', Boston, MA.
1998
National Conference on Cultural Property Protection, ``Customer
Service Means Better Security'', Arlington, VA.
American Association of Museums 93rd Annual Meeting and Museum
Expo, ``And If the Creeks Don't Rise: Preparing for and
Recovering from Emergencies'', Los Angeles, CA.
Mashantucket Pequot Museum and Research Center, ``Security
Officer Basic Training Program'', Mashantucket, CT.
Museum of Fine Arts, ``Emergency Preparedness in Museums'',
Boston, MA.
Dallas Museum of Art, ``Emergency Preparedness and Response in
Museums'', Dallas, TX.
1997
National Conference on Cultural Property Protection, ``Gangs
and Youth Violence'', Raleigh, NC.
American Association of Museums Annual Meeting, ``Gangs and
Youth Violence'', Atlanta, GA.
African American Museum Association Conference, ``The Role of
Security in Visitor Services'', Baltimore, MD.
American Society for Industrial Security, ``Gangs and Youth
Violence'', St. Louis, MO.
Denver Crimestoppers, ``Gangs and Extremist Groups'', Denver,
CO.
1994
Long Beach Rape Treatment Center, ``Gang Recognition and
Response'', Long Beach, CA.
1993
Western Museums Association Conference, ``Gang Awareness'',
Riverside, CA.
South Bay Security Directors Association, ``Gang Recognition
and Response'', El Segundo, CA.
1992
Museum Security Directors Roundtable Meeting, ``Gang
Recognition and Response'', San Marino, CA.
National Conference on Cultural Property Protection,
``Recovering the Museum Collection from the 1992 Civil
Unrest'', Washington, D.C.
Hughes Aircraft Employee Awareness Training, ``Gang
Awareness'', El Segundo, CA.
1991
Los Angeles County Museum of Art Docent Council, ``Gang
Awareness'', Los Angeles, CA.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
I provided testimony before the U.S. House of Representatives
Committee on Homeland Security on May 6, 2008, at a hearing on the
following topic--``The Resilient Homeland--Broadening the Homeland
Security Strategy.''
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
Over thirty years, I have worked at every level of government, in
the private sector and in academia, engaged in efforts to protect the
public safety and ensure our national security. As the Associate
Director of the DHS Center of Excellence (COE), the Center for Risk and
Economic Analysis of Terrorism Events (CREATE) at the University of
Southern California (USC), I am responsible for the development and
enhancement of educational programs and special projects. In an effort
to analyze the counter-terrorism challenges and best practices I have
observed around the world, I conceptualized the Executive Program in
Counter-Terrorism, which challenges international counterterrorism
leaders and enhances their analysis, coordination and response
capabilities to the evolving terrorism threat. CREATE has also become
known internationally for the implementation of the ARMOR (Assistant
for Randomized Motoring Over Routes) Program, a game theory, algorithm-
based system, we piloted at the Los Angeles International Airport
(LAX). As a result of its success, ARMOR has been adopted by DHS for
use in other critical infrastructure targets throughout the Nation.
As Chief of the Office of Homeland Security and Intelligence for
the Los Angeles World Airports Police Division, I am responsible for
the security of one of the primary terrorist targets in the United
States. I was recruited to join the police division, the largest in the
nation, in order to advance the airport's counter-terrorism strategies.
During my tenure, we have introduced a number of premier,
interdisciplinary projects, garnering the attention of the national
security and aviation community. CREATE and LAX have taken the lead in
experimenting with solutions to critical infrastructure
vulnerabilities, including several projects involving other nations,
with long-standing experience with specific terrorist targeting
methodologies.
I have also lectured internationally and as an adjunct professor of
homeland security and public policy in the Master's Program at USC
since 2003. It was a highlight of my career, to be invited to Beijing,
Shanghai and Qingdao to assess the proposed terrorism counter-measures
before the 2008 Olympics. During my tenure as the Deputy Director for
Critical Infrastructure in the California Governor's Office of Homeland
Security, I was responsible in 2004 for the statewide rollout of
Homeland Security Presidential Directive 7, the identification,
prioritization and protection of critical infrastructure. I was also
chosen to serve as the California representative for the Protected
Critical Infrastructure Information (PCII) Program, an initiative
piloted by DHS. I believe that my time at the FBI investigating
terrorism and foreign counterintelligence matters and serving on the
Bureau's SWAT Team, my 10 years as Chief of Protective Services at the
Los Angeles County Museum of Art, and the start of my law enforcement
career as a patrol officer in the Santa Monica Police Department are
all important experiences that I can bring to DHS if I am confirmed.
Ultimately, I understand the importance of a strong work ethic and
education. They are the cornerstones of my life and provide the
foundation of my leadership style. I have a proven record of increasing
education, working with people and providing successful leadership of
organizations throughout my career. This is a historic time in our
Nation's history and I would enjoy the opportunity to serve my country
and add value to the achievement of our Nation's homeland security
mission as a member of the administration.
19.What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Budgets and financial management systems are not only important
tools for planning, prioritizing and operating organizational programs,
but also serve as critical mechanisms for assuring accountability,
control, and fulfillment of executive and legislative intent. If
confirmed, my responsibility will be to both lead the agency toward a
vision consonant with the President's strategic mandates and manage the
organization effectively. Proper fiscal management techniques and
accounting controls are critical to assuring managerial, and
organizational, success. I have been responsible for budget execution,
in several large organizations, with positive results. I achieved
results by building confidence while maintaining a reputation for
integrity and responsiveness.
During my tenure with the Governor's Office of Homeland Security, I
was accountable for the distribution of resource allocations in the
form of Department of Homeland Security grant funds. These financial
resources were essential in addressing Homeland Security Presidential
Directive 7. My office worked seamlessly with the Grant Management and
Legislative sections to ensure the risk-based funding would be directed
to infrastructure targets in direct response to their threat level,
vulnerability and consequence of natural or man-enabled events. We were
responsible for funding in the amount of more than $250 million
annually.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the top three challenges facing the TSA exist within
three areas: people, science and technology, and public confidence.
People--The TSA employs one of the most visible work forces in
the Department of Homeland Security. The TSA must select the
``best'' people. It must invest the resources to identify these
individuals, recruit them, train them, emphasize their
importance to the success of the organization and retain them
by providing opportunities for professional development. The
accomplishment of this goal is dependent upon a very critical
element--leadership. There is no time like the present to raise
the level of expectation and performance, insisting on
professional, motivated and enthusiastic employees.
Science and Technology--On April 15, 2008, the GAO issued a
report entitled, ``Transportation Security: Efforts to
Strengthen Aviation and Surface Transportation Security
Continue to Progress, but More Work Remains.'' The study
concluded that the TSA had implemented a myriad of valuable
security programs, policies and procedures designed to secure
the Nation's transportation network, since the inception of the
organization in 2001, but requires a strategic long-term plan
as it relates to future enhancements. If confirmed, I look
forward to working to ensure that TSA technology is used as
effectively as possible.
Public Confidence--As Secretary Napolitano has noted, it is
critical that we create a culture of preparedness in this
country, not a culture of fear. The TSA has a key role to play
in achieving this goal to ensure public confidence in the
safety of air, rail and surface transportation. If confirmed, I
look forward to promoting common-sense personal preparedness
techniques that will significantly strengthen the security of
all members of the public from the threats we face.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I participate in a defined benefit retirement plan with the Los
Angeles City Employees' Retirement System where I will receive monthly
payments beginning at age 61; I participate in a defined benefit
retirement plan with the California Public Employees' Retirement System
where I will receive monthly payments beginning at age 55; I will
maintain my current investments with the defined contribution
retirement plan (403(b) and (401(c)) with the University of Southern
California, but no further contributions will be made by either party
if I am confirmed. These agreements/arrangements are reported on my
nominee Public Financial Disclosure Report (Standard Form 278), which
has been provided to the Committee.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Homeland
Security's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Homeland
Security's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I served as a volunteer advisor to the Homeland Security Policy
Group during Senator Obama's Presidential Campaign. (2008)
I provided testimony before the U.S. House of Representatives
Committee on Homeland Security on May 6, 2008, at a hearing on the
following topic--``The Resilient Homeland--Broadening the Homeland
Security Strategy.''
In December 2007, I briefed officials at the Department of Homeland
Security on ARMOR--Assistant for Randomized Motoring Over Routes.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Homeland
Security's Designated Agency Ethics Official to identify potential
conflicts of interest. Any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with the Department's designated agency ethics
official and that has been provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
In 1988, I received a letter of censure from the FBI for using my
official position to resolve a personal problem. I had asked a co-
worker's husband, who worked for the San Diego police department, to
run a database check on my ex-wife's new boyfriend. The boyfriend had
moved in with my wife, from whom I had separated only a short time
before, and I was concerned for the safety of her and my infant son,
who was also living with them. The database search revealed an
outstanding warrant for the boyfriend's arrest, about which I informed
my ex-wife. I recognize that it was a mistake to have used my official
connections to investigate the matter.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
No, except as described in C1 above.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
In 2003, I was the plaintiff in a small claims action in Los
Angeles, California against a client for non-payment of services
rendered as an expert witness. I was awarded a judgment by the court.
In the early 1990s, I was named as a defendant to a lawsuit in my
official and administrative capacity as the Chief of Protective
Services of the Los Angeles County Museum of Art. My understanding is
that this was a personnel matter, and that there were no allegations of
personal wrongdoing on my part. I was not interviewed or otherwise
involved in the investigation, and I am not familiar with the details
of the complaint or the case's disposition.
In 1992, as the Chief of Protective Services of the Los Angeles
County Museum of Art, I was accused of discrimination based on race, by
an African-American police lieutenant in Protective Services, who was
unhappy with the force-wide policies that resulted in his receiving a
work assignment he did not want. It is my understanding that he filed a
suit against the Museum and me, but I do not recall participating in
any legal proceedings. This was resolved in the Museum's favor, and he
was required to perform the work assignment.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
As described in Question 3 above, in 1992, as the Chief of
Protective Services of the Los Angeles County Museum of Art, I was
accused of discrimination based on race, by an African-American police
lieutenant in Protective Services, who was unhappy with the force-wide
policies that resulted in his receiving a work assignment he did not
want. It is my understanding that he filed a suit against the Museum
and me, but I do not recall participating in any legal proceedings.
This was resolved in the Museum's favor, and he was required to perform
the work assignment.
In 1996, as the Chief of Protective Services of the Los Angeles
County Museum of Art, I was named, along with two members of my staff,
in a sexual harassment/discrimination complaint by a contract security
employee. Her supervisor denied her preferred choice of a work
assignment and she claimed I failed to support her request because of a
romantic relationship between us. Her allegations, both of the
relationship and of retaliation, are entirely unfounded. An independent
investigation was conducted by the Museum, and her complaint was
determined to be unsubstantiated,
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of erroll g. southers
Professional Experience
City of Los Angeles, Los Angeles, CA--Assistant Chief, Los Angeles
World Airports Police Department, 2007-present.
Chief of the Office of Homeland Security and Intelligence,
responsible for all counter-terrorism and security credential
assets, for the 4 Los Angeles World Airports. Conceptualized
the pilot ARMOR (Assistant Randomized Motor Over Routes)
Program designed to detect and deter vehicle borne IEDs
(Improvised Explosive Devices). Currently engaged in two DHS
Chem/Bio Operational Technology Development Pilot Programs. The
LAWA Police Department is the largest aviation law enforcement
agency in the United States, with the largest airport
explosives canine detection unit in the world.
University of Southern California, Los Angeles, CA--Associate
Director, Center for Risk and Economic Analysis of Terrorism Events
(CREATE), 2006-present.
Counter-terrorism and infrastructure protection expert
responsible for the development and enhancement of the
educational programs and special projects at CREATE, an
interdisciplinary national research center, based at USC and
funded by the Department of Homeland Security. Created the
Executive Program in Counter-Terrorism, designed to challenge
international counter-terrorism leaders and enhance their
analysis, coordination and response capabilities to the
evolving terrorism threat. Co-author on the ``Peroxide-Based
Explosives: Properties, Technologies and Risk Assessment''
international research project, with Technion Israel Institute
of Technology.
State of California, Office of Governor Arnold Schwarzenegger,
Sacramento, CA--Deputy Director, Office of Homeland Security, 2004-
2006.
Appointed by Governor Arnold Schwarzenegger to the Office of
Homeland Security and responsible for post-9/11
counterterrorism policy issues, initiatives and projects
developed to protect the critical infrastructure of the world's
fifth largest economy. Responsible for state oversight of the
National Asset Data Base, Automated Critical Asset Management
System, Critical Infrastructure/Key Resources, Buffer Zone
Protection Plan and Protected Critical Infrastructure
Information Programs (PCII), including several nation pilot
programs. Served as a member of the National Infrastructure
Protection Plan (NIPP) national working group, responsible for
developing the NIPP. Appointed Deputy Director of the state's
Protected Critical Infrastructure Information (PCII) Program by
the Department of Homeland Security.
University of Southern California, Los Angeles, CA--Adjunct
Professor, 2003-present.
Professor of terrorism, homeland security and public policy in
the Master's Program of the School of Policy, Planning and
Development.
Risk Management Consultants International, Los Angeles, CA--
President and CEO, 1997-2004.
Founder and nationally recognized leader of a security
consulting firm specializing in violence prevention, premises
protection and emergency preparedness.
Nationally recognized authority on policy development for
security and safety measures designed to counteract
potential losses produced by hostile actions or natural
disasters.
Violence prevention, premises protection and disaster
planning consultant to major corporations, educational and
cultural institutions throughout the United States.
Los Angeles County Museum of Art, Los Angeles, CA--Chief of
Protective Services/Assistant Vice President, 1991-1993, 1995-2004.
Assigned to the Museum of Art as Chief of Police, having direct
responsibility for public safety and security services at the
Nation's 4th largest art museum, with facilities spanning 22
acres, hosting more than one million visitors annually.
Promoted to Assistant Vice President in 1998, with
responsibility for three of the museum's departments.
Fiscal and management responsibility for a $3.2 million
budget and more than 200 personnel supporting exhibition
planning, security, ticket sales and members' on-site
amenities.
Using a zero-based budgeting approach, designed an
institutional reengineering plan resulting in a $2 million
annual budget reduction.
Developed and implemented the museum's emergency
preparedness program, outlining policies and procedures for
training and response to specific disasters and the
appropriate recovery efforts.
Designed and implemented the museum's Injury and Illness
Prevention Program.
Americans with Disabilities Act Coordinator.
City of Long Beach, Long Beach, CA--Executive Director, 1993-1995.
Executive Director for the City Manager of the City of Long
Beach, California's 5th largest city, with more than 440,000
citizens.
Executive Director, Youth, Education and Community
Services Unit, recommending policies focused on community
development and the suppression of youth violence/gang
activity, resulting in a 38 percent reduction in gang
related crime in less than one year.
Executive Director, Citizen Police Complaint Commission,
responsible for managing the investigation of allegations
of police misconduct in the Long Beach Police Department.
Represented the Office of the City Manager at community,
educational and political events; coordinating and managing
special projects and developing community consortiums.
Federal Bureau of Investigation, San Diego, CA--Special Agent,
1984-1988.
Assignments included: Foreign counter-intelligence/terrorism
investigations, SWAT Team member and police instructor.
Rio Hondo Police Academy, Whittier, CA--Faculty/Tac Officer, 1982-
1984.
Community college instructor responsible for the education of
police cadets at a regional academy serving more than 36 law
enforcement agencies.
Managed the training and evaluation of all aspects of cadet
field performance, weapons proficiency and physical fitness.
Santa Monica Police Department, Santa Monica, CA--Investigator/
Police Officer, 1980-1984, 1988-1991.
Assignments included: Gang Investigator, Background
Investigator, Field Training Officer, Crime Impact Team Member,
Shoot and K-9 Review Boards, Departmental Stress Management
Instructor and Fitness Program Instructor.
Professional Training
2007--832 P.C. Aviation Security Training
2007--JTTF Education Session/West Point Combating Terrorism Center
2006--Consequence Management Training, Israeli Defense Forces' Home
Front Command, Israel
2006--Homeland Security Counter-Terrorism Training, Ministry of
Foreign Affairs, Israel
2002--Threat Assessment Seminar, U.S. Secret Service and U.S.
Department of Education
1996--Museum Management Program, University of Colorado; Total
Quality Management Program, National Safety Council
1995--ICMA Community Oriented Policing Seminar; Cambodian Cross-
Cultural Training
1992--Disaster Response Training for Emergency Managers
1989--AIDS Education Instructor's Course
1985--Employee Assistance Training for Police Supervisors; Hearing
Impaired (Sign Language) Program; Peer Counseling Training Program
Accreditations/Certifications
2007--Airport Security Coordinator (ASC) Certification
2006--Certified in Homeland Security--Level V, American College of
Forensic Examiners Institute
2005--Protected Critical Infrastructure Information (PCII)
Accreditation
1999--Certified Institutional Protection Manager (CIPM)
1993--California Peace Officers Standards & Training (POST)
Executive Development Certificate
1992--California POST Management Certificate
1990--California Superior Court Qualified Gang Expert
1982--California Community College Teaching Credential
1980--California POST Basic, Intermediate and Advanced Certificates
Security Clearance
Top Secret/SCI--Active, granted 2009
Education
University of Southern California, Los Angeles, CA
Doctor of Policy, Planning and Development
Expected date of completion: 2011
University of Southern California, Los Angeles, CA
Master of Public Administration, 1998
Brown University, Providence, RI
Bachelor of Arts, 1978
Affiliations
CREATE Government Advisory Board
Society of Former Special Agents of the FBI
International Association of Chiefs of Police
LAX Airport Security Advisory Committee, Executive Board
U.S. Department of State Overseas Security Advisory Council
LA Youth Newspaper Advisory Board
American Society for Industrial Security
American Society for Public Administration
Brown University Alumni Schools Committee
Western Museums Association, Board of Directors
American Association of Museums, Security Committee
ASIS Library, Museum and Cultural Properties Committee
International Foundation for Cultural Property Protection Advisory
Board
University of Southern California Professional Development Mentor
Program
USC School of Policy Planning and Development Alumni Association,
Founding Co-Chair
Honors and Awards
USC Widney Alumni House Award
UCLA School of Public Affairs Senior Fellow
American Assembly of Columbia University Next Generation Fellow
Certified in Homeland Security Program Top Achiever Award
USC School of Policy, Planning and Development Outstanding Alumni
Award
Los Angeles Miracle Mile Civic Coalition Good Heart Award
International Organization of Black Security Executives Leading
Edge Award
Rio Hondo Police Academy Outstanding Cadet Award
The Chairman. Thank you very much, and right on time.
Let me just start with a few, then I'll turn to Senator
Hutchison, Ranking Member Hutchison.
As we discussed in our conversation, I was Chairman of the
Intelligence Committee for a while and I'm still on it. One of
the things that overwhelmed all of us and still does is the
instinct not to share. I mean, it's one thing, the first law we
passed after 9/11 was to make it legal for the CIA and the FBI
to talk to each other. So it's on the books.
But if you infer from that there is a cooperative
atmosphere among the agencies, I would find a lot of reason to
disagree with that. We went a step further and appointed a
Director of National Intelligence, sort of making him the
admiral, the overseer of all. Even that has not been able to
break down the shell of protectiveness, the tradition that's
built up within some of these agencies over the years.
So I worry about that a lot. I worry about the lack of
information-sharing and our ability to have the best
intelligence analysis that we possibly can.
Now, as Chairman of the Commerce Committee, I need to know
that the Department of Homeland Security, which has its own
intelligence unit, and TSA officials are working together with
other agencies to protect our security. I'll pick out a couple
of examples. Recent press reports have raised questions about
how well the TSA and the FAA vet individuals who receive airman
certificates, which include pilot licenses, mechanic licenses,
and everyone else who has direct access to aircraft. What steps
is the agency taking to address this vetting issue? I might
just ask you that; then I'll follow up.
You may not see it as a problem, in which case you need to
say that.
Mr. Southers. Thank you, Senator. First I'd like to speak
to the information-sharing component of your question, and I'll
certainly draw on personal experiences. I'm currently living in
Los Angeles. We, as most regions, have a fusion center, and we
also have several joint terrorism task forces. All of our
State, local, and Federal partners are members of those
elements.
We meet routinely, share information routinely. We've also
engaged all of the critical infrastructure elements in the
region--rail, transportation, chemical, ports--and we sit on
those committees several times a month, and that relationship
has been quite seamless.
One of the beauties of it is actually having training
exercises and forums where we get to meet quite frequently, and
we are able to build on those relationships and we forward all
grant proposals in a regionalized manner, which pulls everyone
into the room as well. So our sharing capacity there has been
quite successful and it has been something that I think has
been very noteworthy.
As it relates to FAA and the vetting of the airman
certificates, I had reason a couple of weeks ago to meet with
Acting Deputy Assistant, Lynne Osmus. We talked about working
together. Hopefully, it's the beginning of a very positive
relationship. I can say that the Department of Transportation
some time ago left the safety component to FAA and the security
component to TSA, and that vetting process now where TSA is
vetting airmen is happening on a daily basis. Some 3.9 million
people are being vetted each day against a database, a
terrorism database.
That's a relationship----
The Chairman. I don't understand that, being vetted each
day, 3.9 million people against a database? I mean, it sounds
great, but I just don't understand it.
Mr. Southers. So each day those names that are in the
database currently are placed against no-fly lists, the
selectee lists, and the remaining components of the terrorism-
screening database list to see, if in fact, if there's any
anomaly from the previous day, where that name has changed or
the status of that name has changed, and to ensure that
everything is intact.
This is certainly a relationship that needs to grow. I look
forward to working with the FAA on this issue and I look
forward to working with the Committee as well.
The Chairman. It's anybody that has any contact with an
airplane at all, mechanics, pilots, the whole deal?
Mr. Southers. Yes, sir.
The Chairman. General aviation is more or less not touched
by these folks. Is that going to remain the same?
Mr. Southers. Actually, Senator, I'm not quite sure if
general aviation is touched by these folks. I do have a general
aviation responsibility currently, but it's not for vetting, so
I'm unable to say whether or not that's actually happening.
The Chairman. Well, you would know if they were vetting for
general aviation, and since you don't know, I think the answer
is they're not vetting for general aviation, which is a problem
we'll talk about a little bit more.
Just as a follow-up, what steps do you believe the agency
needs to take to make sure that individuals receiving or
holding airman certificates are not a legitimate threat to
national security? Are you considering taking steps to review
other criminal watch lists housed in the Department, in the
government, for example at Treasury, that are not currently
being used by the Department of Homeland Security, for airman
vetting?
Mr. Southers. Senator, I think it's most efficient if we
could have a compilation of the databases placed together, so
that we have a very huge, if you will, consortium of names and
have them all in one spot. I do know that in the vetting that
does take place currently, the terrorism screening database is
one that has a near-name matching algorithm that they use, as
well as a date of birth matrix that's used, and it's quite
efficient.
But the other databases need to be pulled in so that we
can, in fact, make sure that we're looking at all sources and
ensure that that person is not being placed in the environment
and is a risk to our security.
The Chairman. I thank you. My time has expired and I turn
to Senator Hutchison.
Senator Hutchison. Thank you, Mr. Chairman.
First, Mr. Southers, the Committee wants to be assured that
in your important position that you would always be able to
give us and would work with all the members of the Committee,
Republicans as well as Democrats, with information, data, and
anything that we rightfully need for our oversight
responsibility.
Mr. Southers. Yes, Senator.
Senator Hutchison. Second, you, having been of course so
involved in the Los Angeles Airport, would know that there are
many times when stakeholders are concerned about cooperation
with the TSA. Sometimes they think TSA oversteps. One example:
They sort of miscommunicated to the general aviation community
details of the large aircraft security program, that caused a
lot of confusion and heartburn, if you will.
My question is what would you do to alleviate that non-
cooperation when it occurs or how would you avoid it occurring?
Mr. Southers. What we have done has been quite
collaborative in our approach. We've reached out to
stakeholders, specifically in general aviation as it relates to
the large aircraft security program. We're trying to, of
course, look at best practices, and we're trying to be risk-
driven. We think that that is the appropriate response to this
issue.
In addition to that, we've taken some steps to provide
education and awareness to these groups, so that they can in
fact be part of our security system. We are part of what's
called the SARS program now, which is the Suspicious Activity
Reporting. We now have persons in general aviation and at, for
example, LAX, at our category X airport, where they are able to
participate in the security system by providing us with
information.
So, it has been a relationship, if you will, of education,
awareness, and information flow back and forth. Communication
has been the key to our success there in addressing those kinds
of issues.
Senator Hutchison. Let me ask you. On the non-aviation
side, you are still responsible for other modes. We talk about
aviation the most because it is clearly the biggest job that
you have. But there is concern about buses, trains, other modes
of transportation, and the security there, including ports.
What would you consider your number one non-aviation
responsibility or area that needs addressing?
Mr. Southers. Senator, if we look at events as they occur
around the world, and certainly trying to remain again risk-
driven and intelligence-driven, it would appear that the non-
aviation elements would certainly include buses and trains.
We've seen Madrid, we've seen London. We've seen the
introduction of peroxide-based explosives there. So those
elements of the transportation system I think would be a
priority.
It is for that reason that TSA, to my understanding, has
been moving resources to those regions as the risk and threat
dictates. We've seen VIPR units move to the rain system in Los
Angeles. Our K9 units from the airport have supported rail
systems and bus systems in Los Angeles.
Then we have several committees, as I mentioned previously,
where we have critical infrastructure partners that meet
regularly, that include the port, rail, and the airport. We
work very closely together to ensure that we're all working on
the same mission, with the same goal in mind, and actually
maximizing the resources that we have available.
Senator Hutchison. Thank you.
Thank you, Mr. Chairman. I appreciate it.
The Chairman. Thank you.
Senator Cantwell's not here, so it would be Senator Udall,
because you want to introduce Mr. Gallagher.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. That's correct.
The Chairman. Shall we just do that right now?
Senator Udall. I can wait until he comes forward on the
panel and question Mr. Southers. That would be great, Chairman
Rockefeller. Thank you very much today.
Mr. Southers, I appreciate our meeting before today's
hearing and want to thank you again for your willingness to
serve. The Transportation Security Administration has the
difficult task of ensuring both security and the free movement
of people and goods. In your testimony, you note that this will
be your highest priority. I would like to follow up with a few
questions related to how you would approach this challenge.
For example, USA Today recently reported that TSA plans to
greatly expand its use of whole-body imaging, WBI, for primary
passenger screening at airports. Albuquerque Sunport is one
airport where the TSA piloted the use of these machines for
primary passenger screening. Citizens and Members of Congress
have expressed concerns about the privacy implications of using
WBI as a primary screening device. Although TSA has voluntarily
taken certain measures to protect passenger privacy, I believe
several serious questions should be addressed before TSA
deploys WBI machines more widely.
Last October TSA released a privacy impact assessment for
whole-body imaging. That assessment outlined many of the
policies TSA would use with WBI machines to protect passengers'
privacy. Would you support a follow-up report either by GAO or
the DHS Inspector General to assess whether those policies have
been followed and that they adequately protect passenger
privacy?
Mr. Southers. Senator, thank you. I would welcome any
investigative or regulatory agencies or groups that would be
willing to support us in having us be more efficient and
effective. Whole-Body Imaging gives us the ability to detect
metallic and non-metallic objects on travelers without any
physical contact. The Whole-Body Imaging platform, if you will,
still remains 100 percent optional, so our travelers still have
the option to not participate.
It's my understanding that the privacy concerns--and that,
of course, is the most important balance that we have to
maintain here, one of security and civil liberties--has been
ensured by a number of steps that are in place for the
operators of Whole-Body Imaging.
Additionally, Senator, I'd like to mention, as whole-body
imaging fits into another category, we've reached out to
specific religious groups that have come to us in Los Angeles
and expressed some concern that they might be singled out for
this kind of technology. We've partnered with the Sikh
community. They now participate in the training of our
officers. We've partnered with the Muslim community and now we
have several imams who vet our training material.
So we believe again reaching out to the stakeholders,
reaching out to the persons who travel, forming and building
very important relationships with people to explain, if you
will, why we do what we do and what kind of impact it would
have, I think is the way of going forward to ensure that we
have their cooperation and the most secure system possible.
Senator Udall. Thank you.
Now, no single technology is a cure-all for aviation
security. Drug smugglers already swallow and insert packets of
drugs into their bodies to avoid detection at airport security.
News reports about an attempted assassination of a Saudi prince
reveal that an al Qaeda terrorist detonated explosives hidden
inside his body. He apparently avoided detection despite two
sets of airport security and palace security.
My understanding is that WBI machines cannot detect
explosives hidden inside of the body. Is that correct?
Mr. Southers. Senator, to my understanding that's correct.
Senator Udall. If so, does it make sense to spend more than
$100,000 per WBI machine for a technology that we already know
can be circumvented?
Mr. Southers. Senator, as risk would indicate, I know of
that one instance that you refer to of the Saudi prince and I
don't know of any others. It would seem that our greatest risk
here is those prohibited items that are still being carried
outside the body. One of the things that I think would be
critical going forward is in fact to become more
interdisciplinary in our approach. As you know, I am an
Associate Director at one of the DHS centers of excellence,
which is out of the Science and Technology Directorate.
Technology will never be 100 percent, but it certainly can move
us into addressing tomorrow's threat, which it appears internal
improvised explosive devices may be tomorrow's threat. So it is
something I look forward to, if confirmed, working on further,
engaging with our science and technology community to see if,
in fact, those kinds of countermeasures can be implemented.
Senator Udall. Great. And we would like to work with you
very carefully on that to see if any additional legislative
changes or resources need to be put into that. Thank you very
much.
Thank you, Mr. Chairman.
Mr. Southers. Thank you, Senator.
The Chairman. Thank you very much.
Senator DeMint is next up. Is he out? So then that will be
Senator LeMieux, and welcome.
STATEMENT OF HON. GEORGE S. LeMIEUX,
U.S. SENATOR FROM FLORIDA
Senator LeMieux. Thank you, Mr. Chairman.
Mr. Southers, thank you for submitting yourself, again
submitting yourself for public service. I enjoyed our
conversation earlier today. I just want to talk about a couple
of broad topics that you and I discussed.
There is obviously a balance between what you do in terms
of protecting the public and then interacting, the folks at
TSA, interacting with our citizens. We talked about the fact
that most people in America don't have a lot of connection or
contact with their government directly, but this is one place
that they do.
So, I'd like for you to kind of repeat for the group here
today and the other Senators on the panel some of the things
that we talked about about the importance of treating people
who come through TSA as customers, as well as looking to make
sure that we have safe travel.
Mr. Southers. Thank you, Senator. My vision for TSA, if
confirmed, would be no less than hoping to lead this
organization to the next level so that it could become an
international model for transportation security. The four law
enforcement agencies that I have had privilege to work for, two
in a chief capacity, I attended the training academies for
those agencies. If confirmed, I would appreciate the
opportunity to attend Transportation Security Officer training
and Federal Air Marshall training so that I can have a full
understanding of what it is they understand, how they're
trained, what they do, and how they're able to do such a good
job.
It has been my experience that when we invest in our people
they invest in the organization, they internalize the mission
and our values, and everyone is the better for it. I'm very
proud today to have two officers behind me who I happen to have
sat on their promotional panels. We offer education incentives
to our officers. We encourage professional development and
leadership development. Both of these officers behind me got
their master's degrees within the last year and one of them is
a graduate of our executive program in counterterrorism at USC.
These are tomorrow's leaders, and I would hope that some
day, Senator, that the nominee for this position as a result of
professional development and leadership development would come
from the ranks and perhaps is a screener today at a checkpoint
somewhere in America.
Senator LeMieux. Thank you.
We also talked about the CLEAR program, which currently, as
I understand it, is no longer in use or is in suspension. This
is a program that allows frequent travelers to be able to
circumvent some of the normal portions of the airport screening
because they have been properly vetted. Can you talk about the
CLEAR program, whether we're going to see it again? It's very
important for businesspeople who are traveling around this
country to be able to do so efficiently and effectively so they
can do the work that they need to do to make sure that our
country continues to have a strong economic engine. Can you
talk about the CLEAR program and your thoughts about it?
Mr. Southers. Well, Senator, as you know, the CLEAR program
was part of a registered traveler program where we had a vetted
population that submitted biographical information and
biometric information for a card that they would subsequently
obtain. I would imagine that everyone here is a frequent
traveler, and if we're going to be a risk-driven organization
it would appear that moving forward, if confirmed, it's
something I'd like to explore very heavily that if we could
have a vetted population that we would never compromise
security and it would still have to be submitted to the
checkpoint for prohibited items, we could then focus on the
risk, which in fact is the unvetted population or those
travelers that remain.
I think it would be a very wise and efficient use of our
resources, and I think it would make the expeditious throughput
of our vetted personnel easier to attain.
Senator LeMieux. Thank you, Mr. Southers.
Thank you, Mr. Chairman.
The Chairman. Thank you very much, Senator LeMieux.
Now Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman.
Mr. Southers, I want to also congratulate you and express
my appreciation for your willingness to serve and that of your
family as well. It's nice that you have many of them with you
here today. We appreciate the sacrifice that comes with public
service and that certainly applies to families as well.
I appreciate also the extensive background that you have
when it comes to matters of aviation security and law
enforcement, and we look forward to having you serve at TSA.
There's one question I think in particular that we face in
all of the challenges of dealing with terrorist threats and
everything else. That is, how do we keep the country safe?
We've done, I think, a good job of that. There are ongoing
changing terrorist threats that we have to react to, and I
think perhaps one of the biggest issues and challenges we have
to deal with is just public complacency and a lack of
understanding when it comes to some of the screening protocols
that have been put in place.
I know that since 9/11, we've had a lot of heightened
understanding by the public when it came to accepting some of
these new security measures. But at the same time, it's still a
challenge to help continue to educate the public about what all
of these things mean, in particular, those who aren't frequent
travelers.
But I'd be curious in knowing just what some of your
thoughts might be about what you would do as the Assistant
Secretary at TSA to address the issue of public complacency.
Mr. Southers. Thank you, Senator. TSA has embarked on a
``Why'' campaign. The ``Why'' campaign is explaining the
everyday practices and protocols of our security procedures so
that the public can understand the methodologies that we're
engaging in. One of the things that I've noticed in societies
where challenges or the risk is much greater, such as the
Middle East, where I travel quite frequently, and in London,
those societies seem to have become more resilient because they
have educated and made their public more aware.
If confirmed, I would look forward to an education and
awareness program that's attached to the ``Why'' campaign of
TSA, so that we could make our society more resilient. I think
if we have a public that internalizes our vision and
understands what our mission is, they too become part of the
security system.
Along with that, I think it's very important then to invest
in our people at TSA. As I mentioned earlier, investing in our
workforce, making sure they understand why they're so important
to what we do, and they will again make the organization better
and make us more efficient.
The last piece would be one of technology. In explaining
why, it's important that people understand what the technology
does, and what it doesn't do. We need to be engaged with the
science and technology community in looking at the appropriate
technology for the right environment with the skill sets of our
workforce to provide the best security.
Senator Thune. I want to follow up on that question. This
certainly isn't any reflection on you, but earlier this year, I
was alarmed by the treatment that a number of veterans from
South Dakota received when they traveled to our Nation's
capital as part of the honor flight program. You may be
familiar with that. It's a program which allows World War II
veterans from across the country to come and have the
opportunity to visit our Nation's capital as a way of saying
thank you to them for their service.
I think probably the most disturbing part of that visit
were the reports that I received from some of those World War
II veterans who expressed frustration with the way that they
were treated by TSA screeners at Dulles Airport. There were
about 118 veterans on the trip, and they passed through the
security screening at Sioux Falls Regional Airport when they
came to Washington without any trouble. But when preparing to
return to South Dakota via Dulles, a number of measures were
taken which subjected many of these brave men and women to what
I would classify as disrespectful scrutiny.
Outside of being forced to wait through long lines, one
veteran who utilized a cane was told to walk through the metal
detector unassisted. It was also reported that another veteran
had his oxygen tank taken away for screening and was forced to
wait without oxygen while his tank was screened. A number of
veterans reported that the TSA screeners were rude and
unhelpful.
Now, these reports I know--as I said, the majority of TSA
screeners are very professional. I, like most of my colleagues,
travel a lot. But I think it underscores sometimes the
disconnect that can exist between some of the guidelines and
how those are carried out by TSA employees, and particularly
with a population like that, which probably doesn't travel
frequently and has some unusual, I would say, needs with regard
to the screening process.
So, I know that the TSA employees don't always receive the
recognition that they deserve when it comes to keeping the
traveling public safe. But incidents like this that were
reported by World War II veterans from South Dakota call for
just a little different way of dealing with a flight like that
and a population like that that, as I said before, is pretty
extraordinary, many of whom are in their 80s, some of whom are
in their 90s.
So my question in all this is for your thoughts about that.
What ideas or policies would you suggest that might correct or
remedy that situation or situations like that going forward?
Mr. Southers. Senator, first, although not confirmed, but
at least as an American, you have my apologies for those men
and women who served our country and were treated that way. It
appears that we have perhaps two issues here. First is one of
training, the appropriate training so that we can address
populations like that in the future and do it in a sensitive
way that ensures our security protocols are in place and we're
able to have appropriate throughput.
Second is one of organizational values. That comes from
leadership. I, as you know, command a police department. When
we have instances like this, it's very important that we just
not only address the citizen who might have felt the conduct
was inappropriate, but we address our entire department using
that as an example and we learn from it, because we don't want
to repeat it.
But it starts with me as a Chief and it's filtered down and
it's embraced by the entire organization that there are certain
values, certain behaviors, that are appropriate and certain
that will not be tolerated. I think that's a critical element
to success in dealing with these kinds of issues in the future.
Senator Thune. I would appreciate any steps you can take to
make sure that that situation doesn't happen again. We've
obviously got a lot of these honor flights. In fact, we have
another one coming in from South Dakota tomorrow, and they are
from all over the country and it is a very, very deserving
group of people who we want to honor. Obviously, this
experience, which was--I have to say we got a lot of feedback
on that from folks on that trip.
So, I would appreciate any steps that you can take to make
sure that that doesn't happen again.
Mr. Southers. Thank you, Senator.
Senator Thune. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Thune.
Senator Udall, do you have further questions?
Senator Udall. No. No, Mr. Chairman, I don't.
The Chairman. Do you feel badly about that?
Senator Udall. Not at all, not at all. I want to move on to
Dr. Gallagher.
Mr. Southers. Thank you, Mr. Chairman.
The Chairman. Thank you very, very much.
Do you have anyone you want to introduce? What about those
heroes of the future right behind you?
Mr. Southers. I'd like to introduce Sergeant Tarek Azmy,
who was one of my intelligence officers prior to getting
promoted, so he lost his privileges there and had to go back in
uniform; and Sergeant William Hanley, who was in my dignitary
protection unit and lost his suit and had to go back in
uniform, two of our finest, and I'm happy that they traveled
here today.
Thank you.
The Chairman. Thank you, sir.
Mr. Robinson--I mean, Mr. Gallagher.
[Pause.]
The Chairman. Senator Udall, if you would be prepared to
introduce our nominee for NIST.
Senator Udall. I am prepared, Mr. Chairman. Thank you very
much, and other distinguished members of the Committee.
Today I'm pleased to recommend Dr. Patrick Gallagher for
the position of Director of the National Institute of Standards
and Technology. He's accompanied by his wife, Karen and, as he
said, ``my three sons.''
Dr. Gallagher is highly qualified for this role and already
serves as the agency's Acting Director. His curriculum vitae
would be too long to recite here. Yet it is worth noting that
he first joined NIST 16 years ago as a physicist and has since
held numerous leadership positions at the agency. He earned his
Ph.D. in physics at the University of Pittsburgh and has an
undergraduate degree from Benedictine College in Kansas.
Patrick Gallagher began his academic career, however, in
the Albuquerque public schools and earned his first diploma
from St. Pius High School. So in addition to being an
accomplished scientist and public servant, he is a New Mexican.
Dr. Gallagher's aptitude for science may come from his
father, who came to New Mexico in the 1960s to work at Sandia
National Laboratory. His parents, John and Clair Gallagher,
raised young Patrick and three daughters in the Northeast
Heights area of Albuquerque, and I understand from Patrick that
they're watching by webcast as we speak here.
As a young man in Albuquerque, Dr. Gallagher developed a
strong commitment to public service that continues to this day.
He joined the volunteer organization Amigos de los Omaticas and
spent summers working on public health and sanitation projects
in Ecuador, Honduras, and Mexico. After earning his bachelor's
degree, he taught math and science to high school students in
St. Joseph, Missouri.
Dr. Gallagher then decided to pursue his true passion for
science and became a physicist, a career path that led him to
the National Institute of Standards and Technology.
NIST is an often-unappreciated agency. Yet its work
enhances our quality of life in many ways. Numerous products
and services rely in some way on technology, measurement, and
standards provided by NIST. Some examples include bank ATM
machines, bulletproof vests worn by police, and medical
diagnostic tools such as X-rays and mammograms.
The agency's scientists have won many awards, including
Nobel Prizes, for their research. In addition, NIST
manufacturing extension partnership centers in all 50 states
have helped thousands of small businesses grow.
As NIST Director, Dr. Gallagher will be committed to
enhancing NIST's role as an agency that promotes American
innovation, industrial competitiveness, and trade. I share
President Obama and Secretary Locke's confidence in Dr.
Gallagher as a strong leader who can harness NIST's talented
workforce and resources to advance this mission.
Chairman Rockefeller and members of the Committee, thank
you for allowing me to recommend Patrick Gallagher to lead the
National Institute of Standards and Technology. I look forward
to working together with you on confirming Dr. Gallagher for
this important position.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Actually, it would probably be a good idea at this point,
Dr. Gallagher, Dr. Robinson, and Paul Martin, if you have any
family, people that you're vaguely familiar with that you want
to introduce, we would welcome that.
Dr. Gallagher. I'd be delighted to introduce my family, who
is with me today: my wife Karen, my sons Devon, Sean, and Ryan,
who were it seems happy to be out of school to support me
today, and I appreciate that; and also my family who's watching
and my many colleagues at NIST who are supporting me in
cyberspace.
The Chairman. Dr. Robinson.
Dr. Robinson. I'd like to introduce my two children, Andrew
and Dana, my niece Robin, and my significant other, Douglas
Holzhaken. And I'd also like to say hi to my family and friends
out in cyberspace, especially my mother.
The Chairman. Well done, well done.
Dr. Robinson. Especially my mother back in Seattle, who
makes me very proud every day, and my sisters and brother and
their families, who are just tops people, who are watching from
my brother's house.
The Chairman. Otherwise you have no emotional feelings at
all.
[Laughter.]
The Chairman. Mr. Martin.
Mr. Martin. Mr. Chairman, I'd like to recognize my parents,
Jean and George Martin, my in-laws Steven and Christine Liu.
Two of my five siblings are here, Susan Brazill and Diane
Murray, and their husbands, both named Tim; their children;
several colleagues from the Department of Justice; and perhaps
most importantly, my wife, Rebecca Liu, and my three daughters,
Anna, Emily, and Grace.
The Chairman. Good. Why did you say ``perhaps''?
[Laughter.]
The Chairman. We have to have a little humor around here.
All right. Dr. Gallagher, why don't you proceed.
STATEMENT OF PATRICK GALLAGHER, Ph.D., DIRECTOR-
DESIGNATE, NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE
Dr. Gallagher. Chairman Rockefeller, thank you very much.
Distinguished members of the Committee: It really is a great
honor to appear before you today as the nominee for the
position of Director of the National Institute of Standards and
Technology. As Senator Udall noted in his wonderful
introduction--and I appreciate that very much--I was born and
raised in Albuquerque, New Mexico, went to school in Kansas to
study physics and philosophy, and ended up teaching high school
science and math for one year in St. Joseph, Missouri.
I returned to graduate school at the University of
Pittsburgh to pursue my interest in physics. And this slow
eastward drift, finally culminated in my arrival at NIST 16
years ago. Since then my entire professional career has been in
public service as a Federal employee working at NIST, starting
as a beam line research scientist at the NIST Center for
Neutron Research and serving finally as the director of the
center and most recently as Deputy Director for the agency.
I have had a wonderful, challenging career as a public
servant. It is, therefore, a profound privilege and honor to
have President Obama nominate me to serve as Director of NIST.
I also want to thank Secretary Locke for his tremendous
support for NIST and for placing his trust in me by
recommending me for this position. If confirmed, I look forward
to working closely with each one of you on the Committee to
ensure that NIST continues to support its essential mission.
Since its founding in the middle of the Nation's Industrial
Revolution, NIST, or as it was known up until 1988, the
National Bureau of Standards, had a clear mandate to promote
U.S. innovation and industrial competitiveness by advancing
measurement science, standards, and technology in ways that
enhance our economic security and improve our quality of life.
For over 108 years NIST has carried out this role and made
essential contributions to industry, science, public safety,
and national security. Many of the technologies and
measurements that we take for granted today are based on
results of groundbreaking research at NIST and the transfer of
that technology and know-how into practice. Radio and
telecommunications, radar, lasers, household smoke detectors,
and computers are a few examples from a very long list.
Federal agencies depend on NIST for key measurements to
support their missions. U.S. manufacturers depend on NIST to
address critical measurement problems, to develop and promote
new technologies, to disseminate data on best practices, and to
ensure that there is a fair and equitable market and reliable
supply chain through effective standards and a traceable system
of measurements.
This is a remarkable history and it's one which I've been
privileged to be a part of for the past 16 years. I believe
that this outstanding legacy of achievement is built on a
foundation of excellence, dedication, and integrity on the part
of the entire NIST staff. The NIST reputation for getting it
right, for impartiality, and for hard work are well deserved
and have resulted in a remarkably productive national asset.
NIST is a crown jewel of the Nation's science and technology
enterprise.
Today's world is quite different from the one 108 years
ago, but I believe that the critical importance of NIST to the
Nation has grown. Today NIST is deeply engaged in some of the
most urgent and critical challenges facing our country,
including the smart grid, cybersecurity, electronic health
records, climate change, and promoting manufacturing in this
country. NIST expertise in measurement science and standards
touches on these and many other sectors.
The President has emphasized that our economic prosperity
depends on our ability to lead the world in innovation. It is
the foundation for creating high-quality jobs for all
Americans. Secretary Locke has focused the work of the
Department of Commerce on this critical task to put the country
back to work and build the foundation for long-term economic
prosperity.
NIST is a key part of these strategies. In my view, NIST
has never been in a more important position and it has never
been so important to the country that NIST succeed. Building
upon the foundations of its talented workforce, its world-
leading capabilities, and its legacy of working closely with
industry and other stakeholders, NIST is ready to meet these
challenges. If confirmed, I look forward to leading NIST in
that effort.
As you can tell, I am passionate about the work before us.
I am deeply humbled and honored to be considered for this
position, and if confirmed, I pledge to work in close
cooperation with this committee and with all of Congress to
develop effective solutions to these challenges.
I'm grateful for your consideration of my nomination and
for the opportunity to address you, and I am looking forward to
any questions you may have.
[The prepared statement and biographical information of Dr.
Gallagher follows:]
Prepared Statement of Patrick Gallagher, Ph.D, Director-Designate,
National Institute of Standards and Technology, U.S. Department of
Commerce
Chairman Rockefeller, Ranking Member Hutchison, and distinguished
members of the Committee, it is a great honor to appear before you
today as the nominee to be the Director of the National Institute of
Standards and Technology.
With your permission before I begin my statement, I would like to
introduce you to my wife, Karen, and my three sons, Sean, Devin, and
Ryan, who graciously skipped work and school this afternoon to be with
me today.
I am a life-long scientist. I believe in the power of both basic
research and of standardization to propel economic growth and improve
our standards of living. I am committed to public service. If confirmed
as Director, I look forward to combining these passions and managing
NIST as it enters a new era.
I was born and raised in Albuquerque, New Mexico, and went to
college in Kansas to study Physics and Philosophy. After teaching high
school science and math for one year in Missouri, I returned to
graduate school at the University of Pittsburgh to pursue my interest
in physics. This slow, eastward drift finally culminated in my arrival
at NIST 16 years ago. Since then, my entire professional career has
been in public service as a Federal employee working at NIST, first as
a beam line researcher at the NIST Center for Neutron Research, then
serving as the Director of that Center, and most recently serving as
Deputy Director for NIST.
I have had a wonderful, challenging career as a public servant. It
is, therefore, a profound privilege and honor to have President Obama
nominate me to serve as Director of NIST. I also want to thank
Secretary Locke for his tremendous support for NIST and for placing his
trust in me by recommending me for this position. If confirmed, I look
forward to working closely with all members of this Committee to ensure
that NIST continues to perform its essential mission--and improves upon
its core functions.
Since its founding in the middle of the Nation's industrial
revolution, NIST--or as it was known up until 1988, the National Bureau
of Standards--has had a clear mandate to promote U.S. innovation and
industrial competitiveness by advancing measurement science, standards,
and technology that enhance economic security and improve our quality
of life. For more than 108 years, NIST has carried out this role and
made essential contributions to industry, science, public safety, and
national security. Many of the technologies and measurements we take
for granted today are based on the results of groundbreaking research
at NIST and the transfer of that technology and know-how into practice:
radio and telecommunications, radar, lasers, household smoke detectors,
and computers. It is a very long list. Federal agencies depend on NIST
for key measurement technologies to support their missions. U.S.
manufacturers depend on NIST to address critical measurement problems,
to develop and promote new technologies, to disseminate data and best
practices, and to ensure that there is a fair and equitable market and
a reliable supply chain through effective standards and a traceable
system of measurements.
This is a remarkable history, and one which I've been privileged to
be part of for the past 16 years. I believe that this legacy of
achievement is built on a foundation of excellence, dedication, and
integrity on the part of the NIST staff. The NIST reputation for
``getting it right,'' for impartiality and for hard work are well
deserved and have resulted in a remarkably productive national asset.
NIST is a crown jewel of the Nation's science and technology
enterprise.
Today's world is quite different from the one 108 years ago, but I
believe that the critical importance of NIST to the Nation is not only
undiminished, but has grown. Today, NIST is deeply engaged in some of
the most urgent and critical challenges facing our country, including
the Smart Grid, cybersecurity, electronic health records, climate
change, and manufacturing. NIST expertise in measurement science and
standards touches on these and many other sectors.
The President has emphasized that our economic prosperity depends
upon our ability to lead the world in innovation. It is the foundation
for creating high quality jobs for all Americans. Secretary Locke has
focused the work of the Department of Commerce on this critical task to
put the country back to work and build the foundations for long term
economic prosperity. NIST is a key part of these strategies. Its
mission is uniquely focused to provide critical expertise to address
these particular challenges. In my view, NIST has never been in a more
important position, and it has never been so important to the country
that NIST succeed. Building upon the foundations of its talented work
force, its world leading capabilities, and its legacy of working
closely with industry and other stakeholders, NIST is ready to meet
these challenges. If confirmed, I look forward to leading NIST in that
effort.
As you can tell, I am passionate about the work before us. I am
humbled and honored to be considered for this position and, if
confirmed, I pledge to work in close partnership with Congress to
develop effective solutions to these challenges.
I am grateful for your consideration of my nomination and for the
opportunity to address the Committee. I look forward to any questions
you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used): Patrick David
Gallagher.
2. Position to which nominated: Director, National Institute of
Standards and Technology.
3. Date of Nomination: October 7, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 100 Bureau Drive, Gaithersburg, MD 20899-1000.
5. Date and Place of Birth: March 29, 1963; Albuquerque, NM.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Karen Jane Gallagher, Occupational Therapist, Potomac
Valley Orthopaedic Associates, 3414 Olandwood Court, Olney, MD 20832;
children: Sean Patrick Gallagher, age 17; Devin Scott Gallagher, age
14; Ryan Michael Gallagher, age 12.
7. List all college and graduate degrees. Provide year and school
attended.
1991--PhD, Physics, University of Pittsburgh, Pittsburgh, PA.
1987--M.S., Physics, University of Pittsburgh, Pittsburgh, PA.
1985--BA, Physics and Philosophy, Benedictine College,
Atchison, KS.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
1985-86--High School Teacher, Bishop LeBlond High School, 8529
Frederick Avenue, St. Joseph, MO 64507.
1986-1991--Graduate Student/Research Assistant, University of
Pittsburgh, 100 Allen Hall, Pittsburgh, PA 15260.
1991-1993--Research Associate, Boston University, 590
Commonwealth Avenue, Boston, MA 02215.
1993-2004--Physicist, NIST, 100 Bureau Drive, Gaithersburg, MD
20833.
1998-present--Leader, Research Facilities Operations Group,
NIST Center for Neutron Research.
1999-2001--Agency Representative, National Science and
Technology Council, White House Office of Science Policy and
Technology (detail).
2004-2008--Director, NIST Center for Neutron Research (SES).
2008-present--Deputy Director, NIST (and acting as Director).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Member, Math and Physical Sciences Advisory Committee, National
Science Foundation (2008).
Chair, Interagency Working Group on Neutron Science, National
Science and Technology Council, Office of Science and
Technology Policy (2000-2008).
Chair, Interagency Working Group on Synchrotron Light Sources,
National Science and Technology Council, Office of Science and
Technology Policy (2002-2008).
Member, SNS Neutron Sciences Advisory Board (2007-2008).
Member, 2006 DOE/BES Committee on Visitors, Division of
Materials Science and Engineering.
Member, 2007 DOE/BES Committee on Visitors, Scientific User
Facilities Division.
Member, Neutrino Facility Advisory Committee, Board on Physics
and Astronomy, National Research Council (2002-2003).
Member, Committee for an Assessment of and Outlook for New
Materials Synthesis and Growth, Board on Physics and Astronomy,
National Research Council (2007-2009).
Acting Chair, NIST Ionizing Radiation Safety Committee (2003-
2008).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: None.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
------------------------------------------------------------------------
Restricted
Organization Dates Membership
Policy?
------------------------------------------------------------------------
Tanterra (neighborhood) pool membership Since 1993 No
------------------------------------------------------------------------
USA Swimming (for officiating at meets) Since 2007 No
------------------------------------------------------------------------
American Association for the Adv. Of Science Since 2000 No
------------------------------------------------------------------------
American Physical Society 1991-2005* No
------------------------------------------------------------------------
* Intermittent membership over period
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15.List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Sigma Xi Honor Society, elected 1987.
Sigma Pi Sigma Honor Society, elected 1994.
2007 Department of Commerce Gold Medal.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Scientific Journal Articles
1. P. D. Gallagher and J. V. Maher, ``Adsorption and Wetting on
Moveable Walls'' in Festschrift for Michael E. Fisher, eds. E.
Domany and D. Jasnow, Physica A 177, 489 (1991).
2. P. D. Gallagher and J. V. Maher ``Partitioning of
Polystyrene Latex Spheres in Immiscible Critical Liquid
Mixture'', Phys. Rev. A 46, 2012 (1992).
3. P. D. Gallagher, M. L. Kurnaz, and J. V. Maher,
``Aggregation in Polystyrene-Sphere Suspensions in Near-
Critical Binary Liquid Mixture'', Phys. Rev. A 46, 7750 (1992).
4. Sharon C. Glotzer, Rama Bansil, Patrick D. Gallagher, Mark
F. Gyure, Francesco Sciortino, and H. Eugene Stanley,
``Physical Gels and Microphase Separation in Multiblock
Copolymers'', Physica A 201, 482 (1993).
5. P. Lambooy, T. P. Russell, G. J. Kellogg, A. M. Mayes, P. D.
Gallagher, and S. K. Satija, ``Observed Frustration in Confined
Block Copolymers'', Phys. Rev. Lett. 72, 2899 (1994).
6. Huai Zhang, P. D. Gallagher, S. K. Satija, R. M. Lindstrom,
R. L. Paul, T. P. Russell, P. Lambooy, and E. J. Kramer,
``Grazing Incidence Prompt Gamma Emissions and Resonance-
Enhanced Neutron Standing Waves in a Thin Film'', Phys. Rev.
Lett. 72, 3044 (1994).
7. Thomas P. Russell, Peter Lambooy, John G. Barker, Patrick
Gallagher, Sushil K. Satija, Gregory J. Kellogg, and Anne M.
Mayes, ``Small Angle Neutron Scattering Studies on Ultrathin
Films'', Macromolecules 28, 787 (1995).
8. Nagraj Koneripalli, Navjot Singh, Rastislav Levicky, Frank
S. Bates, Patrick D. Gallagher, and Sushil K. Satija,
``Confined Block Copolymer Thin Films'', Macromolecules 28,
2897 (1995).
9. Huai Zhang, S. K. Satija, P. D. Gallagher, J. A. Dura, K.
Ritley, C. P. Flynn, and J. F. Ankner, ``Grazing-incidence
neutron diffraction by thin films with resonance enhancement'',
Phys. Rev. B 52, 17501 (1995).
10. S. K. Satija, H. Zhang, P. D. Gallagher, R. M. Lindstrom,
R. L. Paul, T. P. Russell, P. Lambooy, and E. J. Kramer,
``Resonance Enhanced Neutron Standing Waves in Thin Films'',
Mat. Res. Soc. Symp. Proc. 376, 259 (1995).
11. Fragneto, J. R. Lu, D. C. McDermott, R. K. Thomas, A. R.
Rennie, P. D. Gallagher, and S. K. Satija, ``Structure of
Adsorbed Layers of Tetraethylene Glycol Monododecyl Ether
Adsorbed on Self-assembled Monolayers on Silicon: A Neutron
Reflectivity Study'', Langmiur 12, 477 (1996).
12. G. J. Kellogg, D. G. Walton, A. M. Mayes, P. Lambooy, T. P.
Russell, P. D. Gallagher, and S. K. Satija, ``Observed Surface
Energy Effects in Confined Diblock Copolymers'', Phys. Rev.
Lett. 76, 2503 (1996).
13. S. Kent, B. J. Factor, Sushil Satija, Pat Gallagher, G. S.
Smith, ``Structure of Bimodal Polymer Brushes in a Good Solvent
by Neutron Reflectivity'', Macromolecules 29, 2843 (1996).
14. Yonglin Xie, Karl F. Ludwig, Jr., Rama Bansil, Patrick D.
Gallagher, Cestmir Kaiak, and Guarionex Morales, ``Time-
Resolved Small Angle X-ray Scattering Studies of Spinodal
Decomposition Kinetics in a Semidilute Polystyrene-Dioctyl
Phthalate Solution'', Macromolecules 29, 6150 (1996).
15. S. K. Satija, P. D. Gallagher, A. Karim, L. J. Fetters,
``Neutron reflectivity study of a chemically end-grafted
polystyrene brush in a binary solvent mixture'', Physica B 248,
204 (1998).
National Academy Reports (as a contributing member of the committee)
Neutrinos and Beyond: New Windows on Nature (2003), Neutrino
Facilities Assessment Committee.
Frontiers in Crystalline Matter: From Discovery to Technology
(2009), Committee for an Assessment of and Outlook for New
Materials Synthesis.
Talks (given while acting as Director of NIST)
The following general staff or public talks contained general
remarks about NIST and its programs. All were given in the capacity of
Deputy Director of NIST:
September 17, 2008--Safety at NIST, Blue Ribbon Commission on
Safety--Gaithersburg, MD.
October 6, 2008--Improving Safety at NIST, Blue Ribbon
Commission on Safety--Boulder, CO.
October 14, 2008--Welcoming Remarks, Combined Federal Campaign
Kickoff--Gaithersburg, MD.
October 16, 2008--NIST ``Town Hall Meeting''--Gaithersburg, MD.
October 20, 2008--Remarks, NIST/UMBI Conference on
Biosciences--Gaithersburg, MD.
October 23, 2008--Remarks at World Standards Day--Washington,
D.C.
December 3, 2008--Welcome Address, NIST Annual Awards
Ceremony--Gaithersburg, MD.
January 26, 2009--Welcome to NRC Panel of Assessment, NCNR--
Gaithersburg, MD.
February 3, 2009--Deputy Director's Overview, VCAT Meeting,
Gaithersburg, MD.
February 23, 2009--Welcome to NRC Panel of Assessment, CNST--
Gaithersburg, MD.
March 14, 2009--Welcoming Remarks, Adventures in Science--
Gaithersburg, MD.
April 7, 2009--Introduction of Secretary Locke to NIST Staff--
Gaithersburg, MD.
April 16, 2009--Welcoming Remarks, NIST Standards Alumni
Association Annual Meeting--Willow Tree, Gaithersburg, MD.
April 20, 2009--Overview for the University-Federal Dialogue
re: Responding to Energy and Environmental Challenges--Madison
Hotel, Washington, D.C.
April 20, 2009--Welcome to NRC Panel of Assessment for EEEL--
Gaithersburg, MD.
April 22, 2009--NIST ``Town Hall Meeting''--Gaithersburg, MD.
April 23, 2009--NIST Boulder ``Town Hall Meeting''--Boulder,
CO.
April 28, 2009--Opening Remarks, First Workshop on Smart Grid
Standards--Reston, VA.
May 14, 2009--Association Meeting on NIST Budget--DOC,
Washington, D.C.
May 15, 2009--NIST: Promoting U.S. Innovation, Industrial
Competitiveness, and Homeland Security--Gaithersburg, MD.
May 19, 2009--Opening Remarks, Second Workshop on Smart Grid
Standards--National Harbor, MD.
June 9-10, 2009--Deputy Director's Overview, VCAT Meeting--
Gaithersburg, MD.
June 12, 2009--Remarks to the June ANSI Caucus--Washington,
D.C.
June 25, 2009--Remarks, COMSCI Graduation--DOC, Washington,
D.C.
June 29, 2009--Opening Remarks for Setting the Standards for
Competing Globally Workshop--Gaithersburg, MD.
June 30, 2009--NIST's Activities in Health IT--Cambridge, MA
(MIT).
July 7, 2009--Welcome to TIP Advisory Board--Gaithersburg, MD.
August 3, 2009--Welcoming Remarks, Third Smart Grid Workshop--
Chantilly, VA.
August 6, 2008--Welcome to Smart Grid Cyber Security
Coordination Task Group--Gaithersburg, MD.
August 27, 2009--Supporting Economic Development With
Metrology: NIST's Experience, Opening of NIM Changping Campus,
Beijing, China.
September 15, 2009--Scripps Groundbreaking Remarks--San Diego,
CA.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Testified before the House Committee on Science and Technology on
Monitoring, Measurement and Verification of Greenhouse Gas Emissions
II: The Role of Federal and Academic Research and Monitoring Programs,
April 22, 2009.
Testified before the Senate Committee on Energy and Natural
Resources on the progress on smart grid initiatives authorized in the
Energy Independence and Security Act of 2007, March 3, 2009.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have over 16 years of experience at NIST, encompassing work as a
research scientist, group leader, division chief, facility director,
and as acting director of the agency. Fourteen of my sixteen years at
NIST have been in supervisory and leadership positions. I have a
passion for the work that NIST does and a deep understanding of the
strengths and weaknesses of the agency. I also have 18 months of
experience as a detailee to the Office of Science and Technology Policy
(late 1999-mid 2001) and have since had an active role in promoting
interagency coordination particularly in the area of major scientific
user facilities. I believe that the President has articulated a
compelling vision for the critical role that science and technology can
play in addressing our most pressing national needs. I wish to serve as
NIST Director because I believe that my background and experience make
me well suited to see that NIST can effectively address the challenge
laid out by the President.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
My responsibilities as NIST Director are to ensure that NIST is
effectively managed to: promote maximum efficiency; to ensure
accountability over the use of all public resources--financial,
information technology, and property; to develop and implement a
strategic planning process to effectively focus the agency on the most
urgent priorities; to implement the agency's plans and ensure
accountability for results; and to ensure that NIST is a safe, healthy
and productive place to work. As noted above, I have over 14 years of
management and leadership experience at NIST, including 1 year acting
in the capacity of NIST Director.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Over the past year, I have communicated three major goals to the
NIST staff:
Improve the focus of NIST programs and services so that they
address the most urgent priorities and are properly coordinated
with the work of other agencies, industry, and other
institutions.
Improve the effectiveness and efficiency of NIST programs
through better planning, decision-making, execution, and
assessment and review;
Strengthen safety management at NIST.
These goals are essential to the agency for several reasons. NIST's
broad mission and diverse, world-class technical capabilities represent
incredible strengths for the organization. However, they also pose a
problem: the NIST efforts can too easily become unfocused or too
diffuse to achieve meaningful results. The breadth of NIST's work also
means that it is seldom concentrated in any one particular area. This
means that NIST researchers must work closely with other agencies,
industries, or other organizations to amplify the effectiveness of our
work. The challenge at NIST is not a lack of talent, rather it is the
need to effectively plan, develop, and implement programs so that
efforts are effectively focused and coordinated to maximize impact. It
also requires that our NIST staff have access to the best facilities
and equipment and that work is performed in a way to ensure their
safety and health.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Only income is from Federal income and retirement is with FERS.
(Spouse salary and 401(k) mutual fund information is included in
financial disclosure forms).
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: No.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
As part of my responsibilities as Deputy Director of NIST I have
participated in multiple meetings with senior Administration officials
and Congressional staff on legislation affecting NIST. Similarly, from
1999-2001, as a NIST agency representative of the Office of Science and
Technology Policy, I was a participant in preparing Administration
responses to proposed legislation in coordination with the Office of
Management and Budget.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
N/A, none apply since they are part of my official duties.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of patrick d. gallagher
Federal Employment History
National Institute of Standards and Technology, U.S. Department of
Commerce (since June 1, 1993).
Highest Grade: Senior Executive Service ES-1301 (since 2004).
Education
Ph.D. in Physics, 1991, University of Pittsburgh, Pittsburgh, PA
15260.
M.S. in Physics, 1987, University of Pittsburgh, Pittsburgh, PA
15260.
B.A. in Physics and Philosophy, 1985, Benedictine College, 1020
North St., Atchison, KS 66002.
Professional Experience
Deputy Director, National Institute of Standards and Technology,
2008-present.
I carry out the responsibilities of NIST's Director while the
NIST Director position is vacant, including overall
programmatic, management, and operational responsibility for
NIST. The agency's mission is to promote U.S. innovation and
industrial competitiveness by advancing measurement science,
standards, and technology. N1ST's FY 2009 resources total $1.6
billion, including $819 million in appropriations from the
Omnibus Appropriations Act of 2009, $610 million in funds from
the American Recovery and Reinvestment Act, $48 million in
service fees, and $125 million from other agencies. The agency
employs about 2,900 scientists, engineers, technicians, support
staff and administrative personnel at two main locations in
Gaithersburg, Maryland and Boulder, Colorado.
Director, NIST Center for Neutron Research, 2004-2008.
Overall management, programmatic, and operational
responsibility for the NIST Center for Neutron research, a 20MW
nuclear reactor-based facility and the Nation's leading neutron
research facility. Initiated a 5-year, $100M project to expand
the facility, increasing the research capacity by 30 percent
and increasing cost-effectiveness. The Center had over 100
Federal employees, over 60 associate researchers, and an annual
operating budget of approximately $30M (excluding expansion
project).
Leader, Research Facilities Operations Group, NIST Center for
Neutron Research, 1998-2004.
Reporting directly to the Director of the NIST Center for Neutron
Research, I had overall responsibility for all aspects of neutron
scattering facility operations and neutron instrumentation development,
including: design, fabrication, installation, operation and
maintenance. The group had over 30 full-time employees and long-term
guest researchers, and an annual budget of over $13M.
Agency Representative, National Science and Technology Council,
Office of Science Policy and Technology (detail), November 1999-June
2001.
Working under the Associate Director for Science at the OSTP, I
represented the Administration on a number of issues in the
area of national science policy, including: radiation safety
and standards, large-scale science facilities, the government-
university partnership, Federal laboratory reform, and science
budgets.
Physicist, NIST Center for Neutron Research, 1993-1998.
Hired originally as an instrument responsible for the
horizontal neutron reflectometer, I was responsible for the
routine operation, maintenance and improvement of the
instrument. In addition to the instrument responsibilities, I
maintained an active research program. Later, I supervised the
technical support teams (engineering and electronic
technicians) and was the Beam Experiment Coordinator. In this
capacity, I was responsible for the successful development of
all NCNR beamlines and instruments and for ensuring that all
scattering activities received full and appropriate safety
approval and review.
Research Associate, with Rama Bansil, Boston University, 1991-1993.
Research activities in phase separation kinetics in polymeric
systems, interfacial instabilities in non-equilibrium systems,
and technique development in small angle light scattering,
microscopy, and small angle x-ray scattering.
Research Assistant, with James V. Maher, University of Pittsburgh,
1986-1991.
Research activities in wetting phenomena, phase behavior in
binary critical mixtures and colloidal systems, and interfacial
instabilities in driven systems. Technique development in
dynamic light scattering and video microscopy.
Other Experience
High School Teacher, LeBlond High School, St. Joseph, MO, 1985-
1986. I taught one year at a four year high school as a math and
science teacher. The teaching load was six contact hours per day
teaching Physics, Chemistry, and Geometry. I additionally served as
Head Coach for the cross-country track team.
Research Interests
Neutron scattering instrumentation development, including: neutron
guide systems, small angle scattering, neutron reflectometry, and high
resolution inelastic spectroscopy. Neutron and x-ray diffraction of
nanoscale structure, especially in soft condensed matter systems such
as liquids, polymers and gels. Experimental study of non-equilibrium
structure and processes in complex condensed matter systems. Examples
include: wetting and adsorption phenomena; phase behavior of structured
polymers including polymer brushes, and linear and dendritic
copolymers; kinetics of phase separation; and interfacial instability.
Selected Professional Activities
Member, American Association for the Advancement of Science.
Member, Math and Physical Sciences Advisory Committee, National
Science Foundation (2008)
Chair, Interagency Working Group on Neutron Science, National
Science and Technology Council, Office of Science and Technology Policy
(since 2000)
Chair, Interagency Working Group on Synchrotron Light Sources,
National Science and Technology Council, Office of Science and
Technology Policy (2002-2008)
Member, SNS Neutron Sciences Advisory Board (2007-2008)
Member, 2006 DOE/BES Committee on Visitors, Division of Materials
Science and Engineering
Member, 2007 DOE/BES Committee on Visitors, Scientific User
Facilities Division
Member, Solid State Sciences Committee, Board on Physics and
Astronomy, National Research Council (2002-2004)
Member, Neutrino Facility Advisory Committee, Board on Physics and
Astronomy, National Research Council (2002-2003)
Member, Committee for an Assessment of and Outlook for New
Materials Synthesis and Growth, Board on Physics and Astronomy,
National Research Council (2007-2009)
Acting Chair, NIST Ionizing Radiation Safety Committee (2003-2008)
Sigma Xi Honor Society, elected 1987
Sigma Pi Sigma Honor Society, elected 1994
Scientific Journal Articles
1. P. D. Gallagher and J. V. Maher, ``Adsorption and Wetting on
Moveable Walls'' in Festschrift for Michael E. Fisher, eds. E. Domany
and D. Jasnow, Physica A 177, 489 (1991).
2. P. D. Gallagher and J. V. Maher ``Partitioning of Polystyrene
Latex Spheres in Immiscible Critical Liquid Mixture'', Phys. Rev. A 46,
2012 (1992).
3. P. D. Gallagher, M. L. Kurnaz, and J. V. Maher, ``Aggregation in
Polystyrene-Sphere Suspensions in Near-Critical Binary Liquid
Mixture'', Phys. Rev. A 46, 7750 (1992).
4. Sharon C. Glotzer, Rama Bansil, Patrick D. Gallagher, Mark F.
Gyure, Francesco Sciortino, and H. Eugene Stanley, ``Physical Gels and
Microphase Separation in Multiblock Copolymers'', Physica A 201, 482
(1993).
5. P. Lambooy, T. P. Russell, G. J. Kellogg, A. M. Mayes, P. D.
Gallagher, and S. K. Satija, ``Observed Frustration in Confined Block
Copolymers'', Phys. Rev. Lett. 72, 2899 (1994).
6. Huai Zhang, P. D. Gallagher, S. K. Satija, R. M. Lindstrom, R.
L. Paul, T. P. Russell, P. Lambooy, and E. J. Kramer, ``Grazing
Incidence Prompt Gamma Emissions and Resonance-Enhanced Neutron
Standing Waves in a Thin Film'', Phys. Rev. Lett. 72, 3044 (1994).
7. Thomas P. Russell, Peter Lambooy, John G. Barker, Patrick
Gallagher, Sushil K. Satija, Gregory J. Kellogg, and Anne M. Mayes,
``Small Angle Neutron Scattering Studies on Ultrathin Films'',
Macromolecules 28, 787 (I995).
8. Nagraj Koneripalli, Navjot Singh, Rastislav Levicky, Frank S.
Bates, Patrick D. Gallagher, and Sushil K. Satija, ``Confined Block
Copolymer Thin Films'', Macromolecules 28, 2897 (1995).
9. Huai Zhang, S. K. Satija, P. D. Gallagher, J. A. Dura, K.
Ritley, C. P. Flynn, and J. F. Ankner, ``Grazing-incidence neutron
diffraction by thin films with resonance enhancement'', Phys. Rev. B
52, 17501 (1995).
10. S. K. Satija, H. Zhang, P. D. Gallagher, R. M. Lindstrom, R. L.
Paul, T. P. Russell, P. Lambooy, and E. J. Kramer, ``Resonance Enhanced
Neutron Standing Waves in Thin Films'', Mat. Res. Soc. Symp. Proc. 376,
259 (1995).
11. Fragneto, J. R. Lu, D. C. McDermott, R. K. Thomas, A. R.
Rennie, P. D. Gallagher, and S. K. Satija, ``Structure of Adsorbed
Layers of Tetraethylene Glycol Monododecyl Ether Adsorbed on Self-
assembled Monolayers on Silicon: A Neutron Reflectivity Study'',
Langmiur 12, 477 (1996).
12, G. J. Kellogg, D. G. Walton, A. M. Mayes, P. Lambooy, T. P.
Russell, P. D. Gallagher, and S. K. Satija, ``Observed Surface Energy
Effects in Confined Diblock Copolymers'', Phys. Rev. Lett. 76, 2503
(1996).
13. S. Kent, B. J. Factor, Sushil Satija, Pat Gallagher, G. S.
Smith, ``Structure of Bimodal Polymer Brushes in a Good Solvent by
Neutron Reflectivity'', Macromolecules 29, 2843 (1996).
14. Yonglin Xie, Karl F. Ludwig, Jr., Rama Bansil, Patrick D.
Gallagher, Cestmir Konak, and Guarionex Morales, ``Time-Resolved Small
Angle X-ray Scattering Studies of Spinodal Decomposition Kinetics in a
Semidilute Polystyrene-Dioctyl Phthalate Solution'', Macromolecules 29,
6150 (1996).
15. S. K. Satija, P. D. Gallagher, A. Karim, L. J. Fetters,
``Neutron reflectivity study of a chemically end-grafted polystyrene
brush in a binary solvent mixture'', Physica B 248, 204 (1998).
Proceedings
P. D. Gallagher and J. V. Maher, ``Interaction of Colloidal
Particles with Critical Liquid Mixtures'', in Structure and Dynamics of
Strongly Interacting Colloids and Supramolecular Aggregates in
Solution, eds. Sow-Hsin Chen, John S. Huang, and Piero Tartaglia,
(Kluwer Academic Publishers, Dordrcht, The Netherlands) 1992.
The Chairman. Thank you very much.
Dr. Robinson, would you like to give your testimony?
STATEMENT OF ELIZABETH (BETH) ROBINSON, Ph.D., CHIEF FINANCIAL
OFFICER-DESIGNATE, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Dr. Robinson. Yes, thank you. Chairman Rockefeller and
members of the Committee: Thank you for the opportunity to
appear today while you consider--for me to appear today while
you consider my nomination to be CFO at NASA. It's an honor to
be here and to have been introduced by Senator Cantwell. I also
appreciate the time that members have already taken to meet
with me, and, if confirmed, I look forward to working with you
to continue the Nation's effort in pioneering space science and
technology.
If I may ask, Mr. Chairman, I'd like to submit my entire
written testimony for the record.
The Chairman. They're all in, yes.
Dr. Robinson. Excellent.
I'm privileged to have been nominated by the President to
this post, more so because in many ways being confirmed for
this position would be like coming home. After growing up in
Seattle and earning my Ph.D. in geophysics, I started my career
as a geophysist working with NASA data. I eventually joined the
staff of the House Committee on Science, Space, and Technology
and worked for Chairman George Brown from California.
Congressman Brown was a very wise man and someone I'm glad to
have known before his untimely death. He loved science and he
loved NASA. He was just thrilled every time he heard of a new
NASA discovery, and his boundless optimism about the future of
the Nation and its scientific underpinnings has remained with
me to this day.
If confirmed, I would commit to improving NASA's strategic
planning, budget, and financial performance to make that future
vision more robust and attainable. I would work with NASA
leadership and its dedicated professionals, especially those in
the CFO office, who have been very ably led by Ron Spoehel, the
current CFO.
I would also work with the Congress, the White House, the
private sector, and other key constituencies to meet the
President's and the Nation's objectives for NASA, all the time
undertaking the mission in the most effective and efficient
manner possible, especially during a time when there are
competing demands for our Nation's resources.
I believe that public service is a duty and a privilege. I
have served as a career staff member for over 20 years in the
Executive and Legislative branches, most recently as the
Assistant Director for Budget at the Office of Management and
Budget, and before that as Deputy at the Congressional Budget
Office.
I believe in the importance of creative and tenacious
leaders in the Nation's government agencies, and I'm
enthusiastic about the opportunity, if confirmed, to address
the challenges of the position of NASA CFO and to bring my
budget, financial, and leadership experience into the service
of NASA and the Federal Government.
Mr. Chairman and members of the Committee, I thank you
again for your consideration of my nomination and I look
forward to working with you if confirmed. I also look forward
to answering any questions you may now have. Thank you.
[The prepared statement and biographical information of Dr.
Robinson follows:]
Prepared Statement of Elizabeth (Beth) Robinson, Ph.D., Chief Financial
Officer-Designate, National Aeronautics and Space Administration
Chairman Rockefeller, Ranking Member Hutchison, and members of the
Committee, thank you for the opportunity to appear before you today as
you consider my nomination for the position of Chief Financial Officer
at the National Aeronautics and Space Administration (NASA). It is an
honor to be here. I also appreciate the time Members of this Committee
already have taken to meet with me, and, if confirmed, I look forward
to working with the Committee to address the challenges of maintaining
the Nation's critical efforts to pioneer space science, technology, and
exploration and aeronautics, while also undertaking key research
programs to advance our knowledge and understanding of our own planet.
I am privileged to have been nominated by the President to this
post, more so, because, in many ways, being confirmed for this position
would be like ``coming home'' for me. After growing up in Seattle,
Washington, studying at the University of Washington, graduating from
Reed College, and earning a PhD from the Massachusetts Institute for
Technology, I started my career as a geophysicist, working with NASA
data. I eventually joined the staff of the House Committee on Science,
Space and Technology, where I worked for Chairman George E. Brown of
California. Congressman Brown was a very wise man and someone that I am
very glad I came to know well before his untimely death. He loved
science, and he loved NASA. And he was just thrilled every time he
heard of a significant new NASA discovery. His boundless optimism about
the future of the Nation and its scientific underpinnings has remained
with me to this day, as I am honored to be considered for the position
of NASA Chief Financial Officer.
If confirmed, I would commit to improving NASA's strategic
planning, budget and financial performance to make that future vision
more robust and attainable. Working with Administrator Bolden, Deputy
Administrator Garver, NASA's dedicated professionals, Congress, the
White House, the private sector, and other key constituencies, I would
strive to meet the President's and Nation's objectives for NASA, while
undertaking the mission in the most effective and efficient manner
possible, especially during a time when there are other competing
demands for our Nation's resources.
The position of Chief Financial Officer in any organization carries
a tremendous responsibility as the pivotal point where budget,
accountability, evaluation, and sound fiscal management all reside.
Moreover, NASA has faced challenges in the performance of its financial
and project management functions that must be addressed as quickly as
possible. If confirmed, I would build upon the progress that NASA has
already made, while continuing to improve the management, performance,
and results for the Agency.
Over my career, I am fortunate to have gained broad experience in
strategic planning, budget, financial management and leadership. At the
Office of Management and Budget, I enjoyed a unique perspective from
which to learn about, and participate in, the planning, budget,
financial and evaluation process of the Federal Government. At the
House Science Committee and Congressional Office of Technology
Assessment, I gained valuable expertise in research and development
workforce issues, project planning and execution, and program
oversight, and, more importantly, how to work with the Congress on
those issues. My executive experience in several agencies also has
provided direct experience in the leadership of complex organizations.
If I am confirmed, I would bring to NASA broad experience within
budget, finance and general management, as well as particular
experience in coordinating the President's Budget and related products.
If confirmed, I would make it a priority to work closely with NASA
leadership and each of the constituencies with which NASA's CFO
organization interfaces to understand the current key challenges which
NASA and its CFO organization face. I would work with the CFO staff to
focus appropriate attention and resources to ensure Agency success in
meeting these challenges. I would also make it a priority to work with
the staff to support Agency efforts to achieve unqualified audit
opinions and be a first-class management organization.
I believe public service is a duty, a privilege and an honor. I
have served as a career staff member for over 20 years in the Executive
and Legislative branches of government, and I believe in the importance
of creative and tenacious leaders in the Nation's government agencies.
I am enthusiastic about the opportunity, if confirmed, to address the
challenges of the position NASA Chief Financial Officer and to bring my
budget, financial and leadership experience into the service of NASA
and the Federal Government.
Mr. Chairman and members of the Committee, I thank you, again, for
your consideration of my nomination, and I look forward to answering
any questions you may have.
______
a. biographical information
1. Name (include any former names or nicknames used): Elizabeth M.
Robinson (nickname: Beth).
2. Position to which nominated: Chief Financial Officer, NASA.
3. Date of Nomination: September 21, 2009.
4. Address (List current place of residence and. office addresses):
Residence: Information not released to the public.
Office: EEOB, Rm. 207, Executive Office of the President,
Washington, DC 20515.
5. Date and Place of Birth: June 12, 1964; Chapel Hill, NC.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Son: Andrew R. Leinbach, 18; Daughter: Dana R. Leinbach, 15.
7. List all college and graduate degrees. Provide year and school
attended.
Ph.D. in Geophysics, Massachusetts Inst. of Technology (1987).
BA in Physics, Reed College (1982).
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Research Assistant and NSF Fellow, MIT., (1982-1987).
Post-doctoral fellow/Assistant Professor, Stanford Univ. (1987-
88).
Congressional Science Fellow, Geological Society of America,
Office of Cong. Gephardt (1988-89).
Project Scientist and Project Director, Office of Technology
Assessment (1989-1994)--while Project Director, led a team of
three over the course of more than a year.
Professional Staff Member, House Science Committee (1994-1998).
Office of Management and Budget (1998-2003)--became Branch
Chief (managing 15 people) in 2000; Deputy Asst. Director
(managing 30 people) in 2002.
Congressional Budget Office (2003-2005)--Deputy Director for an
institution of 235 people.
Office of Management and Budget (2005-Present) Assistant
Director for Budget, managing 67 people and leading the
development of the Federal Budget.
Adjunct Professor, George Washington University (2009).
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: None.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Unitarian Universalist Church of Arlington (Member).
National Academy of Public Administration (Fellow, member of
the finance board).
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: None.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: None.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Congressional Science Fellowship, Geological Society of America
(1988).
National Science Fellowship (1982-1985).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Robinson, E. M., Impact of the Americans with Disabilities Act
on Bus Service, TR News, September-October 1993, pp. 22-23.
Preparing for an Uncertain Climate, October, 1993; U.S.
Congress, Office of Technology Assessment, Principal Analyst.
Access to Over-the-Road Buses for Persons with Disabilities,
May, 1.993; U.S. Congress, Office of Technology Assessment.
Project Director.
Chubin, D. E. and E. M. Robinson, Human Resources for the
Research Work Force, Science and Public Policy, vol. 19, #6,
December 1992, pp. 334-342.
Chubin, D. E. and E. M. Robinson, Accounting for the Costs of
Research: Some Policy Rethinking, Science and Public Policy,
vol. 19, #3, June 1992, pp. 181-186.
Robinson, E. M., Know thy Sponsor: Project Selection Methods at
Federal Research Agencies, BioScience, vol 41, #8, September
1991, pp. 575-577.
Chubin, D. E. and E. M. Robinson, Sound Science Policy Requires
Better Data Management, The Scientist, vol. 5, #18, September
1991, pp. 11-13.
Chubin, D. E. and E. M. Robinson, Data on the Federal Research
System: What is Known and What's Not?, Knowledge: Creation,
Diffusion, Utilization, vol. 13, September 1991, pp. 49-78.
Chubin, D. E., E. M. Robinson, N. Carson and J. Andelin,
Research Priority Setting and the U.S. Congress, Science and
Technology Policy, August 1991 pp. 9-13,
Chubin, D. E. and E. M. Robinson, Setting Priorities is
Imperative If We Are to Develop a Successful Federal Research
Portfolio for the 1990s, The Chronicle of Higher Education, vol
37, June 5, 1991, pp. B1-B2.
Federally Funded Research: Decisions for a Decade, May, 1991
U.S. Congress, Office of Technology Assessment. Principal
Analyst.
Robinson, E. M., Science and Engineering Indicators: What They
Do (and Do Not) Tell Policymakers, proceedings of the R&D
Colloquium of the American Association for the Advancement of
Science, April 11-12, 1991.
Robinson, E. M., Inside Congress, a series of news articles for
News and Information of the Geological Society of America,
March-September, 1989.
Robinson, E. M., The topographic and gravitational expression
of density anomalies due to melt extraction in the uppermost
oceanic mantle, Earth and Planetary Science Letters, 90, 221-
228, 1988.
Robinson, E. M., B. Parsons and M. Driscoll, The effect of a
shallow low viscosity zone on mantle convection and geoid and
topography anomalies at fracture zones, Geophysical Journal,
93, 25-43, 1988.
Robinson, E. M. and B. Parsons, The effect of a shallow low
viscosity zone on the formation of mid-plate swells, Journal of
Geophysical Res., 93, 3144-3156, 1988.
Robinson, E. M. and B. Parsons, The effect of a shallow low
viscosity zone on small scale convective instabilities under
the cooling oceanic plates, Journal of Geophysical Res., 93,
3469-3479, 1988.
Robinson, E. M., B. Parsons and S. F. Daly, The effect of a
shallow low viscosity zone on the apparent composition of mid-
plate swells. Earth and Planetary Science Letters, 82, 335-349,
1987.
Robinson, E. M., L. Shure and R. L. Parker, Recovering seamount
magnetism: An inverse approach, EOS, 65, 198, 1984
Robinson, E. M., M. K. McNutt and R. Batiza, Paleomagnetism of
Cocos plate seamounts: Revisited, EOS, 64, 218, 1983.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental. capacity and specify the date and subject matter of each
testimony.
House Science Committee, April 1990, on the OTA report, Federally
Funded Research: Decisions for a Decade, with Daryl Chubin.
18.Given the current mission, major programs, and major operational
objectives of the dcpartment/agency to which you have been nominated,
what in your background or employment experience do you believe
affirmatively qualifies you for appointment to the position for which
you have been nominated, and why do you wish to serve in that
position'?
I believe that I am qualified to become the Chief Financial Officer
for NASA for three reasons. First, my experience in the Office of
Management and Budget as the senior-most career civil servant and
manager of the policy process to develop the President's Budget has
prepared me for the day-to-day work of the NASA CFO. My OMB position
has provided a unique opportunity from which to learn about, and
participate in, the entire budget and financial process in the Federal
Government; and, in addition to working in the process at the White-
House level, my current position also oversees the development of
budget formulation, execution and financial management rules and
procedures for all Executive Branch agencies, including NASA.
Second, I am experienced in the research and development issues
facing NASA. Through my work at the Office of Technology Assessment,
the House Science, Space, and Technology Committee, and OMB, I have
expertise in R&D workforce issues, project planning and execution, and
program oversight.
Finally, I have extensive experience working in--and with--the
Congress, especially on R&D issues. I understand the information needs
of the Authorizing and Appropriations Committees, and the schedules and
timetables they must keep.
Because of this experience and my long-time interest in satellites
and space (e.g., my Ph.D. thesis, over 20 years ago, used satellite
data extensively), I am very much interested in serving at NASA to help
improve the agency's ability to create--and maintain course in--its
strategic plan and to provide solid budget and financial reporting and
accountability.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
The CFO of any organization is directly responsible for the quality
and accountability of the organization's management, budget, and
accounting controls. NASA faces challenges in this area, but has made
improvements in recent years. It would be my job to continue to build
on those improvements and institute new ones with the ultimate goals of
producing a solid multi-year budget plan and financial reports with a
clean audit.
My experience in managing large organizations includes: (a) Deputy
Director of the Congressional Budget Office, where 1 was responsible
for the day-to-day management of the organization, which employed 235
civil servants; and (b) Assistant Director for Budget, where I directly
managed the Budget Review Division (62 staff and 30 contractors) and
oversaw the development of the Federal Budget, which required that I
indirectly manage the work of 400 other OMB staff for portions of each
year.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
First, beginning this Fall, NASA must implement the decision of the
President on the future direction of human space flight, following the
final report of the Augustine Commission. That reorientation will
involve the development of a new strategic plan, a long-term budget
plan that is executable, and strong management initiatives to ensure
that the program can deliver. At the same time, NASA must also balance
its R&D portfolio to ensure that important earth science, aeronautics,
and other areas are vibrant and meet the needs of the Nation.
Second, NASA must earn the Congress' respect by improving its
ability to cost and deliver projects on time and within budget. Too
many NASA projects have exceeded their initial cost estimates and been
delayed for internal reasons, which has undermined the trust of
policymakers in the ability of NASA to execute its long-term plans.
While NASA has made improvements in recent years, there is much yet to
be done.
Third, NASA has not yet earned a clean audit on its financial
books, which also undermines confidence in the day-to-day controls at
NASA. To do so, it must improve its financial control and property
management systems. Multi-year efforts are underway, but here too much
work remains.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts: None.
Do you have any commitments or agreements, formal or informal, to
maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? if so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in.
the position to which you have been nominated: None.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: None.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
None (except in the course of my job to provide information on the
budget and Presidential initiatives to Congress and the
Administration).
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
I know of none; however any potential conflicts of interest will be
resolved in accordance with the terms of an ethics agreement that I
have entered into with NASA's designated agency ethics official and
that has been provided to this Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
Divorce proceeding, divorce granted on Nov. 22, 2006 in the state
of Virginia.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which. you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional. witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
resume of elizabeth (beth) robinson, ph.d.
Experience
Office of Management and Budget, Assistant Director for Budget.
Primary responsibilities include overseeing the development of
the President's Budget and implementation of the President's
policies through legislation, budget execution and financial
reporting; leading the Budget Review Division, which operated
with seven managers in the Senior Executive Service and
includes units that control and oversee the President's budget
data base, develop and maintain the U.S. Federal budget system
(and the collaborative MAX Community), set and implement budget
execution policy, provide budget analysis and alternatives to
OMB leadership, implement Federal credit policy, and run a
large number of ad hoc activities to address the policy needs
of the OMB Director and Deputy. September 2005 to the present.
Congressional Budget Office, Deputy Director.
Primary responsibilities included substituting for the
Director, when absent; reviewing and signing cost estimates;
reviewing all reports, pre-publication; overseeing the
Management Division, including all pay and finance actions;
leading the development of a replacement budget system; and
presenting CBO findings at conferences and to Congressional
staff. Additional responsibilities included serving as the
agency's representative on the Federal Accounting Standards
Advisory Board. August 2003 to September 2005.
Office of Management and Budget, Deputy Assistant Director for
Budget Review and Concepts.
Primary responsibilities included overseeing development of:
the database supporting the President's annual budget and
production of other budget documents; revisions to Circular A-
11 and scorekeeping rules; budget execution and financial
reporting issues; proposals for, and monitoring Congressional
action on, appropriations legislation; discretionary spending
estimates for ``fast numbers'' exercises; and a wide variety of
policy analysis projects. Early in the period, served as the
Branch Chief for Budget Review. November 2000 to August 2003.
Office of Management and Budget, Program Examiner, Energy Issues.
Budget and management responsibilities included at various
times the defense, intelligence, fossil energy, and science
programs at the Department of Energy. Specific projects
included creation of the National Nuclear Security
Administration, determination of the disposition of U.S.
Enrichment Corporation assets, and planning for the development
of the Next Linear Collider. From May-August, 2000, I rotated
to the National Reconnaissance Office to work on a joint study
with the National Security Agency. May 1998 to November 2000.
Committee on Science, U.S. Congress, Principal Minority Staff
Member, Subcommittee on Energy and Environment.
Budget and legislative responsibilities included all research
and development and civilian clean-up programs at the
Department of Energy, the National Earthquake Hazards Reduction
Program, and various science policy issues. Investigatory
responsibilities included oversight of all agencies under
Committee jurisdiction. January 1995 to May 1998.
Committee on Science, Space, and Technology, U.S. Congress,
Professional Staff Member.
Budget authorization and legislative responsibilities included
the physics budgets at. the Department of Energy, the National
Science Foundation, university research expenditures,
international collaboration in big-science projects, the
National Earthquake Hazards Reduction Program, academic
earmarking, and various science policy issues. 1994-1995.
Office of Technology Assessment, U.S. Congress, Project Director.
Expert on research and development activities, agency budget
issues, and transportation policy. Responsibilities included
research, writing, crafting policy options, and supervising a
research team. I directed the assessment, Access to Over-the-
Road Buses for Persons with Disabilities, and was the Principal
Analyst on the reports, Federally Funded Research: Decisions
for a Decade, and Preparing for an Uncertain Climate. 1989-
1994.
Office of Representative Richard A. Gephardt, U.S. Congress.
Legislative Assistant and Congressional Science Fellow (from
the Geological Society of America) for environment, science,
and technology issues. 1988-1989.
Stanford University, Geophysics, Post-doc and Assistant Professor.
I investigated fluid flow in the interior of the Earth and in
hydrogeologic settings, taught ATectonophysics and
Geodynamics,@ and participated in the Values, Technology,
Science, and Society Program. 1987-1988.
Education
Ph.D.--Massachusetts Institute of Technology, Cambridge, MA. Degree
awarded in Geophysics jointly with the Woods Hole Oceanographic
Institution, September, 1987--thesis on numerical modeling of the
interior of the Earth with comparisons to satellite data. 1982-1987.
National Science Foundation Fellow, 1982-1986.
B.S.--Reed College, Portland, OR. Degree in Physics, June 1982.
Broad curriculum in physics, math, and the humanities. Editor of the
school. newspaper (the Quest) and Senator on the Student Senate. 1980-
1982.
University of Washington, Seattle, WA. Majors in Physics and Math,
with an English minor. Participated in the Early Entrance Program.
1978-1980.
Publications
Robinson, E. M., Impact of the Americans with Disabilities Act on
Bus Service, TR News, September-October 1993, pp. 22-23.
Preparing for an Uncertain Climate, October, 1993; U.S. Congress,
Office of Technology Assessment. Principal Analyst.
Access to Over-the-Road Buses for Persons with Disabilities, May,
1993; U.S. Congress, Office of Technology Assessment, Project Director.
Chubin, D. E. and E. M. Robinson, Human Resources for the Research
Work Force, Science and Public Policy, vol 19, #6. December 1992, pp.
334-342.
Chubin, D. E. and E. M. Robinson, Accounting for the Costs of
Research: Some Policy Rethinking, Science and Public Policy, vol 19,
43, June 1992, pp. 1.81-186.
Robinson, E. M., Know thy Sponsor: Project Selection Methods at
Federal Research Agencies. BioScience, vol. 41, 08, September 1991. pp.
575-577.
Chubin, D. E. and E. M. Robinson, Sound Science Policy Requires
Better Data Management, The Scientist, vol 5, #18, September 1991, pp.
11-13.
Chubin, D. E. and E. M. Robinson, Data on the Federal Research
System: What is Known and What's Not?, Knowledge: Creation, Diffusion,
Utilization. vol. 13, September 1991., pp. 49-78
Chubin, D. E., E. M. Robinson, N. Carson and J. Andelin, Research
Priority Setting and the U.S. Congress, Science and Technology Policy,
August 1991, pp. 9-13.
Chubin, D. E. and E. M. Robinson, Setting Priorities is Imperative
If We Are to Develop a Successful Federal Research Portfolio for the
1990s, The Chronicle of Higher Education, vol. 37, June 5, 1991, pp.
B1.-B2.
Federally Funded Research: Decisions for a Decade, May, 1991; U.S.
Congress, Office of Technology Assessment. Principal Analyst.
Robinson, E. M., Science and Engineering indicators: What They Do
(and Do Not) Tell. Policymakers, proceedings of the R&D Colloquium Of
the American Association for the Advancement of Science, April 11-12,
1991.
Robinson, E. M., Inside Congress, a series of news articles for
News and Information of the Geological Society of America, March-
September, 1989.
Robinson, E. M., The topographic and gravitational expression of
density anomalies due to melt extraction in the uppermost oceanic
mantle, Earth and Planetary Science Letters, 90, 221-228, 1988.
Robinson, E. M., B. Parsons and M. Driscoll, The effect of a
shallow low viscosity zone on mantle convection and geoid and
topography anomalies at fracture zones, Geophysical Journal, 93, 25-43,
1988.
Robinson, E. M. and B. Parsons, The effect of a shallow low
viscosity zone on the formation of mid-plate swells, Journal of
Geophysical Res., 93, 3144-3156, 1988.
Robinson, E. M. and B. Parsons, The effect of a shallow low
viscosity zone on small scale convective instabilities under the
cooling oceanic plates, Journal of Geophysical Res., 93, 3469-3479,
1988.
Robinson, E. M., B. Parsons and S.F. Daly, The effect of a shallow
low viscosity zone on the apparent composition of mid-plate swells,
Earth and Planetary Science Letters, 82, 335-349, 1987.
Robinson, E. M., L. Shure and R.L. Parker, Recovering seamount
magnetism: An inverse approach, EOS, 65, 198, 1984.
Robinson, E. M., M. K. McNutt and R. Batiza, Paleomagnetism of
Cocos plate seamounts: Revisited, EOS, 64, 218, 1983.
The Chairman. Thank you.
Mr. Martin.
STATEMENT OF PAUL MARTIN,
INSPECTOR GENERAL-DESIGNATE,
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Mr. Martin. Thank you, Mr. Chairman, members of the
Committee. I'm honored to be nominated to serve as the
Inspector General at NASA. If confirmed, I look forward to
working closely with this committee to provide timely,
accurate, and aggressive oversight of NASA operations.
In addition to my family and friends that I recognized
earlier, I'd like to recognize the staff at the NASA OIG, and
in particular Deputy Inspector General, Tom Howard, who has
ably managed the office during the past 6 months.
I've spent the bulk of my professional life in Washington,
D.C., working at two important Federal agencies, the U.S.
Sentencing Commission and the U.S. Department of Justice. The
former, I was privileged to help establish, while at the
latter, I was honored to be part of a team that conducted
vigorous oversight of the FBI, the DEA, and other Department of
Justice components during a specially trying period in our
Nation's history.
Most relevant to today's hearing, I joined the Department
of Justice OIG in 1998. During my time there, I have served in
a variety of positions, including Deputy Inspector General for
the past 6 years under Glenn Fine, who to me and many others in
the oversight community, epitomizes the kind of leader any
inspector general should strive to emulate. Glenn and my
colleagues at the DOJ OIG are some of the brightest, hardest
working, and most dedicated public servants on the planet.
As the Committee considers my nomination as Inspector
General, I am energized by the prospect of working with NASA
Administrator Bolden, Deputy Administrator Garver, and NASA
leadership across the country to help ensure the integrity,
efficiency, and effectiveness of NASA programs. One meeting
with the Administrator and Deputy and I am convinced that they
understand and appreciate the independent oversight role played
by the Office of Inspector General.
From my outsider's vantage point, I see three primary
challenges facing the NASA OIG in the months ahead. Number one,
the OIG must conduct timely reviews of NASA's top management
challenges. Number two, the OIG must maintain a professional,
cooperative, yet independent, working relationship with NASA
managers, employees, and contractors. Number three, the OIG
must help to ensure the integrity of NASA programs and
personnel through investigations of serious allegations of
waste, fraud, abuse, or mismanagement.
I am thankful for this nomination and the opportunity, if
confirmed, to serve alongside the men and women of the NASA
Office of Inspector General as we work together to help NASA
achieve its challenging and important mission.
Thank you very much.
[The prepared statement and biographical information of Mr.
Martin follows:]
Prepared Statement of Paul Martin, Inspector General-Designate,
National Aeronautics and Space Administration
Mr. Chairman, Ranking Member Hutchison, and members of the
Committee:
Thank you for holding this hearing today. I am honored to be
nominated to serve as the Inspector General at the National Aeronautics
and Space Administration (NASA). If confirmed, I look forward to
working closely with this Committee to provide timely, accurate, and
aggressive oversight of NASA operations.
At the outset, I would like to recognize my family who are here
today: my parents, Jean and George Martin from Pittsburgh; my in-laws,
Stephen and Christine Liu from Potomac (by way of Ann Arbor); several
siblings and their families; and my colleagues from the Department of
Justice Office of the Inspector General (OIG), including Inspector
General Glenn Fine. I am honored that all of these family and friends
are here today, but I am especially gratified that I can share this day
with my wife, Rebekah Liu--an attorney at the SEC--and my daughters
Anna, Emily, and Grace.
In addition, I would like to recognize the staff at the NASA OIG,
and in particular, Deputy Inspector General Tom Howard, who has ably
managed the office during the past 6 months when the Agency has been
without a confirmed Inspector General.
I have spent the bulk of my professional life in Washington, D.C.,
working at two important Federal agencies--the U.S. Sentencing
Commission and the U.S. Department of Justice. The former I was
privileged to help establish, while at the latter I was honored to be
part of a team that conducted vigorous oversight of the Federal Bureau
of Investigation, the Drug Enforcement Administration, the Federal
Bureau of Prisons, and other Department of Justice components during an
especially trying period in our national history.
I moved to Washington, D.C. in 1985, fresh from a 3-year stint as
an investigative reporter at a South Carolina newspaper. At that time,
President Reagan had appointed then-Federal district court Judge
William W. Wilkins, Jr. as Chairman of the newly formed Sentencing
Commission, and I was fortunate enough to be one of the agency's first
three employees. I worked alongside Judge Wilkins, then-Judge Stephen
Breyer, five other Commissioners, and a handful of staff to create a
new Federal agency and, at the same time, develop the initial set of
Federal sentencing guidelines. I served first as a Special Assistant to
the Staff Director, then as the Commission's Communications Director,
and finally as the Commission's Deputy Staff Director where I helped
supervise a staff of more than 100 lawyers, researchers, guidelines
trainers, and data technicians. Along the way I attended evening law
school at Georgetown University where I received a Juris Doctor but,
much more significantly, where I met my wife, Rebekah.
I moved to the Department of Justice OIG in 1998. During my time at
the Justice Department, I have served in a variety of positions, most
recently as Deputy Inspector General for the past 6 years under Glenn
Fine, who to me and many others in the Inspector General community is
the epitome of the kind of leader any Inspector General should strive
to emulate. Glenn and my colleagues at the DOJ OIG are some of the
brightest, hardest working, most dedicated public servants on the
planet.
As the Committee considers my nomination as Inspector General at
NASA, I am excited and energized by the prospect of working with NASA
Administrator Bolden, Deputy Administrator Garver, and NASA leadership
across the country to help ensure the integrity, efficiency, and
effectiveness of NASA programs. One meeting with the Administrator and
Deputy Administrator and I am convinced that they understand and
appreciate the independent oversight role played by the Office of
Inspector General.
From my vantage point outside of NASA, I see three primary
challenges facing the NASA OIG in the months and years ahead:
The OIG must conduct timely audits and reviews of NASA's top
management challenges that: (1) are helpful to NASA managers
and contain practical recommendations for improvement; (2)
provide substantive and timely information to Congress in its
oversight role; and (3) ensure transparency and accountability
to the public about how NASA spends its funds;
The OIG must maintain a professional, cooperative, yet
independent working relationship with NASA managers and
employees; and
The OIG must help to ensure the integrity of NASA programs
and personnel and the proper use of taxpayer funds through
criminal and administrative investigations of allegations of
waste, fraud, abuse, or mismanagement.
I am thankful for this nomination and the opportunity, if
confirmed, to serve alongside the men and women of the NASA Office of
Inspector General as we work together to help NASA achieve its
challenging and important mission.
Thank you.
______
a. biographical information
1. Name (Include any former names or nicknames used): Paul Kenneth
Martin.
2. Position to which nominated: Inspector General, National
Aeronautics and Space Administration.
3. Date of Nomination: October 1, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 950 Pennsylvania Avenue, NW, Suite 4706, Washington, DC
20530.
5. Date and Place of Birth: December 31, 1959; Pittsburgh, PA.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Wife: Rebekah C. Liu, Special Counsel, Securities and Exchange
Commission; children: Anna Martin--age 15; Emily Martin--age
13, Grace Martin--age 7.
7. List all college and graduate degrees. Provide year and school
attended.
The Pennsylvania State University, 1978-1982, Bachelor of
Arts--Journalism (May 1982).
The Georgetown University Law Center, 1987-1990, Juris Doctor
(December 1990).
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Deputy Inspector General, U.S. Department of Justice Office of
the Inspector General (Washington, D.C.), 2003-present.
Counselor to the Inspector General, U.S. Department of Justice
Office of the Inspector General (Washington, D.C.), 2001-2003.
Special Counsel to the Inspector General, U.S. Department of
Justice Office of the Inspector General (Washington, D.C.),
1998-2001.
Deputy Staff Director, United States Sentencing Commission
(Washington, D.C.), 1991-1998.
Communications Director, United States Sentencing Commission
(Washington, D.C.), 1987-1991.
Special Assistant to the Staff Director, United States
Sentencing Commission (Washington, D.C.) 1985-1987.
Newspaper reporter, The Greenville News (Greenville, SC), 1982-
1985.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: N/A.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: N/A.
12.Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Elder, The National Presbyterian Church, Washington, D.C.
(various times from 1998-present) (although membership at The
National Presbyterian Church is open to those who profess their
Christian faith, church services are open to all regardless of
their faith tradition, and the church has a variety of other
programs open to all).
Member, Board of Directors, Thurgood Marshall Child Development
Center (various times between 1995-1998).
Treasurer, Shamrocks WAGS U-13 soccer team (2007-2009).
Member, Virginia State Bar.
Member, District of Columbia Bar.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personalty liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: N/A.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Variety of performance and other awards during government
career.
Scripps Howard Journalism Scholarship (college).
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed: N/A.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
March 10, 2005, appearance before the House Committee on the
Judiciary, Subcommittee on Immigration, Border Security, and Claims,
concerning ``Interior Immigration Enforcement Issues.''
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
My qualifications for this position include my 23 years of Federal
service, including my 11 years in senior management positions in the
Department of Justice Office of the Inspector General, in particular my
service during the last 6 years as Deputy Inspector General of a 425-
employee agency. I am excited for the challenge of bringing my
management and organizational skills to the NASA OIG and working with
OIG staff to improve the quality and timeliness of the office's work
products.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As noted previously, I have served for the past 20 years in senior
leadership positions in two Federal agencies, As such, I have
successfully managed the agency's personnel and resources to achieve
the mission of each organization in a cost effective manner. If
confirmed as Inspector General, my office would conduct audits and
reviews of NASA programs to ensure that proper internal controls have
been established and are being followed. In addition, the OIG oversees
NASA's annual financial statement audit and I would work closely with
NASA management to develop strategies to reduce any material weaknesses
or significant deficiencies, and to improve the agency's internal
controls.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
1. Conduct timely audits/reviews of NASA's top management
challenges that: (a) are helpful to NASA managers and contain
practical recommendations for improvement; (b) provide
substantive information to Congress in its oversight role; and
(c) ensure transparency and accountability to the public about
how NASA's budget is being spent.
2. Establish a professional and cooperative working
relationship between OIG managers/employees and agency
managers/employees.
3. Ensure the integrity of NASA programs and the proper use of
Federal funds through criminal and administrative
investigations of allegations of waste, fraud, abuse, or
mismanagement.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts: N/A.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: N/A.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: N/A.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated: N/A.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage., defeat, or modification of any legislation or affecting the
administration and. execution of law or public policy.
In my role as legislative liaison for both the Department of
Justice Office of the Inspector General (and previously the U.S.
Sentencing Commission), I have frequently interacted with Congressional
staff to provide input on proposed directives that affect the
activities of the OIG. In addition, I interact periodically with staff
from the House and Senate Appropriations Committees regarding the OIG's
budget.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
I know of no potential conflicts of interest. Nevertheless, any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
designated agency ethics official and that has been provided to this
Committee.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I am a defendant (in my individual capacity and in my capacity as
treasurer of daughter's former soccer team) in a dispute between my
daughter's former soccer team and the team's former paid soccer coach.
The amount in dispute is between $400-$850 and the matter is currently
in negotiations between an attorney for the team and an attorney for
the coach. The civil action was filed in June 2009 in the District
Court of Maryland for Montgomery County.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are yon appear and test before any duly constituted committee of
the Congress on such occasions as you may be reasonably requested to do
so? Yes.
______
resume of paul k. martin
Professional Experience
Office of the Inspector General, U.S. Department of Justice,
Washington, D.C., Deputy Inspector General--June 2003 to Present.
Assists the Inspector General in managing all aspects of 415-
employee agency with $74 million annual budget and nationwide
audit and investigations field office structure; reviews and
edits major agency products, including sensitive and highly
classified reviews of Department of Justice programs; developed
agency's 5-year strategic plan; reviewing official for agency's
eight senior executive/senior level managers; primary agency
liaison to Congress.
Counselor to the Inspector General--December 2001 to June 2003.
Served as senior advisor to the Inspector General on matters of
management and policy; conducted and oversaw special projects
of a sensitive and high-profile nature; reviewed and edited
major agency work products; drafted congressional testimony;
served as agency's legislative and media liaison.
Special Counsel to the Inspector General--March 1998 to December
2001.
As part of four-person Front Office management team,
participated in legal and policy decisions on agency work
products and investigations; edited major agency work products,
including Special Investigative Reports; drafted congressional
testimony; served as agency's legislative and media liaison.
United States Sentencing Commission, Washington, D.C., Deputy Staff
Director--January 1997 to March 1998.
Served as second-ranking staff member of independent Judicial
Branch agency; responsible for day-to-day management of $9.24
million agency with 100 employees; primary editor of agency
publications, including special reports to Congress; speaker on
Federal sentencing guidelines at national conferences.
Communications Director--April 1987 to January 1991.
Managed the Commission's publications and communications unit;
coordinated drafting and editing of Commission documents,
including agency's annual report; served as agency public
information officer; drafted congressional testimony; member of
training team that provided guideline application assistance to
judges, assistant U.S. attorneys, Federal defenders, and
private defense attorneys.
Special Assistant to the Staff Director--November 1985 to April
1987.
As one of three original Commission staff members, helped
develop initial set of Federal sentencing guidelines; served on
Commission's guideline training team that taught guideline
application to judges, prosecutors, defense attorneys, and
probation officers.
The Greenville News, Greenville, SC, Special Assignment/
Investigative Reporter; Court Reporter; Police Reporter--November 1982
to November 1985.
Highlight: 7-month investigation revealing illegal steroid
distribution to student athletes at Clemson University.
Education
Georgetown University Law Center, Washington, D.C.
Juris Doctor--December 1990
Admitted to the Bar in Virginia and the District of Columbia
The Pennsylvania State University, State College, PA
Bachelor of Arts, Journalism--May 1982
The Chairman. Thank you.
There are two of us and we will--I would like to start with
you, Dr. Robinson. A lot of NASA is in Texas, but I still think
it's generally fair to say that NASA has been given a lot of
scrutiny over really a decade or more. Part of it may be based
upon memories of 1962, and nothing can ever match that. Others
are more severe in their questioning. Where this is leading us
is where we should be spending our money.
So with that gentle opening, you can conclude that I don't
think that NASA has a particularly good, from my point of view,
track record when it comes to financial management, which is
what you're going to fix. If the agency were failing a
financial audit, I would, of course, highlight that. But the
fact of the matter is that NASA can't even prepare its
financial statements to allow auditors to do their job. As a
result, I want to know what steps you intend to take to remedy
this situation. And just pointing out, because Ernst & Young is
a very well-known accounting firm. They literally couldn't put
together an audit, because what they were looking at in the
budget process in NASA wasn't something they could work with,
and that is their job.
So, my question is, how are we going to fix this?
Dr. Robinson. This is a very important challenge that faces
NASA, and it has been going on for a number of years, as you
have noted. The GAO has done a number of reports. Previous IGs
have done reports as well, and Mr. Martin I think will continue
that great tradition.
There are significant challenges. There are a number of
root causes, and this is definitely tops; this is my top
priority, if confirmed at NASA, trying to uncover the root
causes, trying to put in place mechanisms that will improve and
lead to success, successful financial performance and database
and a clean audit eventually.
It's very important to any organization, much less a
government organization like NASA, to have confidence in its
financial transactions, to gain support from the public and
others.
The good news is that in my meetings with the Administrator
and the Deputy they fully understand the challenge that NASA
faces and are very committed to steps going forward to fix
those. Also, in my briefings on what NASA has done already,
they've taken a number of very good steps that have already
produced some improvements in the data integrity as far as I
can tell from afar, and they are poised to continue that.
So, my job getting there will be to accelerate--to continue
this improvement and to accelerate it if possible. I take it
very seriously. This is a very important challenge for the
agency.
The Chairman. Agreed, and I'm glad that they have taken
these steps. I mean, you're a professional. Good grief, if
you're number two at OMB you're better than anybody in town
except I guess the guy who runs OMB. You need to have some
sense of what you want to do about this, other than saying that
you are intending to do it and others have taken steps toward
doing this or are committed to doing this. There has to be a
harder edge, I think, to your answer.
Dr. Robinson. I'm not in the position yet, so I do not know
all of the details. From afar, GAO and the IG have pointed to
issues of data integrity, making sure that as the program--as
programs execute their financial transactions and record them,
that errors are immediately noted. NASA just last year put in a
continuous monitoring program where every night they go through
and try to detect anomalies. That's new for the agency. Other
agencies have done that and seen very good success from it.
NASA has also been challenged in terms of valuing its
property, everything from desktops to what is the current value
of the Space Station. All those face different challenges, but
again NASA is systematically going through and collecting the
data on which you would do that.
NASA about 5 or 6 years ago went through a major
reorganization of its financial system. NASA is one of the few
agencies that actually has a central headquarters, but has ten
major centers that are operated by, except for one, by Federal
civilians. So that means that the financial systems at those
centers have to be integrated with the central system. Most are
just not as diffuse as NASA is.
So trying to get everybody onto the same system was a very
big task, and when NASA undertook it, it didn't go well for a
while. Things as far as I can tell are getting much, much
better, and it'll take sort of a laser-eye focus now on each of
those reports, each of the kinds of data that are going into
it, to make sure that people in these far-flung enterprises who
are doing their best are understanding what they're supposed to
be doing with the financial system.
So there are no magic bullets to solving these kinds of
problems, where you have a new financial system, lots of people
trying to fit projects that are not normal projects--they
aren't building widgets; they're building very specialized
pieces of equipment--into systems where they have to figure out
how to allocate costs.
I don't want to sound like I'm just saying, oh, it's just
going to take time. But it will take a lot of effort, and NASA
is putting that effort forward. We just need to make sure that
that continues.
The Chairman. Thank you. I'll have more to ask later.
Senator LeMieux.
Senator LeMieux. Thank you, Mr. Chairman.
Thanks to each of you for submitting yourself to public
service. I want to first say, Dr. Gallagher, I too, am the
father of three sons. They are much younger. You and your wife
give me hope. So thank you. Again, thanks to everyone for
submitting yourself to public service. I know the sacrifices
that you're making to do so.
I want to first talk about NASA, if I can. Being a Senator
from Florida, NASA is extremely important to Florida. It's
extremely important to this country. Florida is literally the
place where America has reached for the stars, and the
program's viability, its continued viability, and the necessity
in my mind that NASA and this country continue to explore
manned space travel and not let this precious resource of the
human capital of our scientists go to waste.
I'm very concerned--and this is a little bit outside your
ambit, but I want to make sure that you know of my concern--
that we are going to lapse in our scientists, that they are not
going to have something meaningful to work on for a number of
years, if we do not get to the mission of human space travel.
We have these wonderful literally rocket scientists who
have made their life in Florida, and if there is not something
for them to work on they're going to be dispersed. The cost of
bringing them back together or finding new ones if we don't get
to the business of the Orion project and others is going to be
immense to the country and to Florida. So I wanted to make that
point.
But I want to ask my first question to Dr. Robinson. As the
Chairman has indicated, there have been irregularities at NASA,
and you are going into a very difficult and challenging job. It
seems to me there are two components of it. There's one,
there's the financial accounting side, the audited financials,
if you will. The other is just making sure, as you said, that
there is an effective and efficient administration, that we're
getting 100 cents worth of every dollar.
I want you to speak to what your vision is for that type of
management, what metrics that you might impose to make sure
that we are managing well the dollars that we are spending at
NASA. I'm a big believer if you cannot measure it, you cannot
manage it. So, I'd like for you to talk about that for a
minute, and then I have a question for Dr. Martin--or Mr.
Martin, rather.
Dr. Robinson. Well, two thoughts on your question. One is
that, as all agencies are, NASA is developing a new strategic
plan. It's that part of the cycle where a new one is due. In
that, I know they are developing goals and then the objectives
and metrics will follow. I think that the CFO's office plays an
important role in developing those metrics, especially if
they're related to financial and project and budgetary
performance.
In terms of the areas of project management, that's where
NASA has some of the--in addition to the financial management,
there's concern about NASA's ability to manage projects to cost
and schedule. NASA has recently put new checks in place to
allow projects to go forward. In particular, they've added cost
and scheduling requirements at each of those that are much more
rigorous. They intend to match those, the development of those
projects, against those original cost and schedule estimates.
I think that will be very important to watch as we go
forward, but whether the new system, whether the new
checkpoints and the rigor in that data, then matches
performance. If not, we're going to have to work on that very
quickly because an agency that can't manage its project
portfolio, or at least appears to have that, again that's
another place that erodes confidence. NASA's workforce is too
good for that. Like you said, NASA's workforce is one of the
best in the Nation and they all want to succeed. That is their
driving thought every day. So we have to make sure that the
systems, financial and project management and others, let them
do that.
Senator LeMieux. Thank you.
Mr. Martin, you have an equally difficult challenge ahead
of you, an important challenge. I looked at your background and
your extensive service working in inspector general-type roles,
in those roles in fact with the Department of Justice and, like
you said, with the Sentencing Commission. It seems to me in the
IG role there are sort of two functions. There's process--it's
knowing the IG procedure and the techniques, and you obviously
are very expert in that--and then there is the substance of
what you are being an inspector general over. This is truly
different than lawyers and crime fighters, which is what you
work with now. This is, as I said before, rocket science and
all those difficult, complex issues that are different than
your prior experience.
So I would like for you to speak, if you would, how you
think you'll be able to adapt and use your skills that you've
developed at the Department of Justice and your other previous
roles to this new subject matter.
Mr. Martin. Thank you, Senator. Again, as you indicated and
I have remarked on in my opening remarks, I've had 11 years
experience in the Inspector General's Office at the Department
of Justice, one of the, I think, premier Inspector General's
offices. While that is a 122,000-person agency and primarily a
law enforcement focus, we still have a lot of the same issues
and concerns that any Federal agency does: contract oversight,
contract fraud, going in and looking at whether or not the
taxpayers are truly getting what they are paying for, for be it
a Space Shuttle or be it a smaller dollar program.
Also, obviously, I would rely on the current workforce in
the Inspector General's Office, who do have deep roots and are
long-time Inspector General employees in NASA and have that
background in science and NASA programs. If we didn't have the
expertise in the Inspector General's shop, we would hire it.
Senator LeMieux. That's all I have, Mr. Chairman. Thank
you.
Thank you, everyone.
The Chairman. Thank you. And again, welcome to at least my
first meeting with you here at the Commerce Committee.
Senator LeMieux. It's an intimate setting today.
The Chairman. Yes, it is.
Senator LeMieux. Thank you, Mr. Chairman.
The Chairman. Do you have any family members you'd like to
introduce?
[Laughter.]
Senator LeMieux. Not at this time.
The Chairman. Not at this time, OK.
I feel badly about poor Mr. Gallagher, Dr. Gallagher.
Nobody's asked him anything. It's interesting to me that you
made the statement that NIST--or maybe one of us made the
statement--that NIST has been a little bit in the background.
Now you're so much in the foreground it's almost like you're an
adjunct of the White House.
That is because of two things. One of those is
``cybersecurity'' and the other is something called ``climate
change,'' both of which this committee are intimately involved
with. So, I'd like to ask you about that. First of all, when I
just say ``cybersecurity'' and ``NIST,'' what goes through your
head?
Dr. Gallagher. Well, thank you, Mr. Chairman. As you know,
NIST has 30 years of experience sort of working in
cybersecurity, and I think what that has meant to the agency
has evolved just as the technology has evolved over that
period.
The Chairman. What did it mean before the computer?
Dr. Gallagher. Well, I think originally we tended to look
at computers as stand-alone devices, and the idea was that you
could design them secure, make sure that you had built it the
way you designed it, and then you would be done. I think
there's no question that that's not the environment we're in
today.
There simply will be vulnerabilities in systems, and as we
interconnect these systems and they talk to each other and
you're starting now to deal with a worldwide computing system,
it becomes now a very different type of environment to work in.
For me, the activities at NIST, what goes through my mind
when we talked about cybersecurity is the fact that NIST has a
special role. There are many agencies that will work in the
realm of securing the Nation's information network, but NIST
has a special role for two reasons. One is that as part of the
Department of Commerce we are interested not only in just
securing, locking down, a system, but also in the use of that
system.
Fort Knox is probably a very secure bank, but it may not be
a particularly useful one to use. So we're very interested in
making sure and working with service providers, software
developers, and everybody involved in this enterprise to
develop a system of standards, of protocols, where this system
is also useful.
The other reason I think it has been very important for
NIST is that we have a deep technical capability. We have
primary responsibility for developing the standards that the
civilian side, the non-national security agencies, use to
protect Federal computer systems. That has led over 30 years to
a very effective and very well-known capability at NIST in
cryptography, in cybersecurity, in surety testing for software
systems and platforms.
I think when you bring together that capability and that
particular viewpoint of working as a non-regulatory agency to
support this enterprise in a secure way, it makes us a very
essential player in this.
The Chairman. Let me hone in a little bit more. Both
Presidents--the second President Bush's Director of National
Intelligence and then a couple years later President Obama's
Director of National Intelligence, in what they call, ``a world
threats hearing,'' which is held once a year, both of them said
that the number one threat to this country's national security
is cybersecurity.
So that lifts it above dirty bombs and everything else. We
all know that a 14-year-old youngster in Indonesia can sit down
at his computer--he's got to have a pretty good ticker
upstairs--and can do whatever he wants. He can shut down
sections of grids, he can shut down hospitals, he can select
targets at random around the world, and nobody will ever know.
It is an utterly terrifying and utterly realistic
proposition. In other words, it's bound to happen in a big way
in our country.
Now, to me this takes cybersecurity something from a matter
that we need to be concerned about to a major, major focus of
government attention. All of this should come with the
understanding that as we are building our firewalls to better
protect our Federal and other systems, others are increasing
theirs. And then we try to increase ours. And since we're
likely to be a major target, perhaps more than al Qaeda, for
example, more sort of devastating, obvious attack, these subtle
attacks are what can destroy the psyche of America, of middle
America, all America, faster than anything else in the world,
because we're defenseless against it.
So you sit on something, not alone, as do we, which we
ought to be talking about almost literally nonstop, having
hearing after hearing after hearing after hearing. I would
assume that that's what's taking place at NIST, that you have a
lot of very smart people who are very, very scared about what
is going on in the world, are not sure how to handle it, and
are working as fast as possible to do--and then I want you to
lay out three or four or five things for me.
Dr. Gallagher. I think you've just given a beautiful
summary of the situation. It is frightening. Anyone who has
heard one of these threat assessments cannot help but be very
sobered by the threat environment that our computer systems are
in. And it's evolving and growing every day.
I also think you touched on something that points to your
first question, which is why NIST is suddenly in the limelight.
One of the reasons these threats are so scary is that we are so
dependent on this technology now. This infrastructure now has
become literally embedded into our economy, into our national
security, into how we move not only goods, but how we take care
of people, how we move electricity, how we move supplies around
the country.
So, our dependency on this technology is now profound, and
therefore, a vulnerability in that infrastructure becomes a
very profound vulnerability. In some ways it's a side effect of
our success. These same tools that are so powerful--we look at
smart grid technologies as a way of enabling new functionality
in the way we move electricity, which are essential if we're
going to have widespread renewable energy. But the same
technology we have to do that can increase our vulnerability
because it's based on information technology.
Our computer security experts do worry about this. This is
not going to be solved by NIST alone. One way we're doing this
is--as you know, the White House has been very active in this
since the conclusion of the 60-day cyber review. Congress is
very interested in this and there's a lot of legislation being
looked at that we're very interested in.
One of the things I think that's most essential is that we
have a number of different agencies involved in this area. We
need to make sure that they fit together and work very
effectively together, because we actually need each other and
we don't want to overlap unnecessarily.
So one of the things that I've been doing as Deputy
Director is fostering close interaction, particularly with DHS
and NSA, in coordination with the NIST cybersecurity effort,
both at the working level and at the leadership level, so that
we can coordinate very closely on this work. That's only a
starting point. This is a big task.
I think one of the things that, if confirmed, I'd really
like to focus on is improving our ability to assess and measure
this threat environment. We know of attacks and we try to look
at specific vulnerabilities and put patches and fixes to them
and address standards that can reduce our vulnerability, but we
have a very difficult time measuring the risk that our systems
are in or measuring the security of the performance of these
systems after they've been--and you manage what you measure,
and I think if NIST can help support an effective way of
assessing security performance and assessing the risk
environment of these systems, we will really enable Federal IT
managers to do a much better job.
The Chairman. Good luck on that. The agencies that you've
picked out, NSA and the Department of Homeland Security, to be
honest, are two of the toughest nuts to crack in the raw world
of intelligence. NSA, if you can get them to share anything
you've really done well.
Now, the leaders are all there for you, but down to where
the sharing has to take place old habits prevail. It's a little
bit like the CIA, which loves to surveil, and the FBI, which
carries around yellow pads so they can arrest. Now they're
told, the FBI is told, to be an intelligence agency and it's a
very, very hard business to change people from arresting to
surveiling.
So I'm really interested. I don't mean to push the point
too far, but this cooperation is going to have to be a whole
new kind of cooperation in government. Senator Snowe, who sits
right there, and I have put in a bill on this, and others have
too, and I know the President is tremendously concerned about
it.
But this is something which is constantly imminent. Your
other big subject is climate change. But to be quite frank
about it, in the short term it's much less of a threat than
cybersecurity. Cyber security is potentially next week,
tomorrow, a year from now. Climate change is not. For the long
term, if we don't do climate change fixing then none of the
rest will make any difference.
But I really hope that you will drill on that. If NIST is
in a certain place in the pecking order, don't accept that.
Play rough. Be aggressive, not just within your agency, but
across the government, because everybody is so overwhelmed with
working problems and your bureaucracy that it takes sometimes a
relatively small agency, just like the Department of Energy in
the whole question of weapons of mass destruction, on certain
critical parts of that, had by far the best intelligence, even
though they had a tiny little intelligence unit. But they were
accurate, they were right, and others were wrong.
So I think NIST has an extraordinary opportunity on the
cybersecurity business. I just wanted to say that.
Mr. Martin, I wanted to ask you two questions and then I
think we need to wrap up, although I have a lot more. I'm sorry
to be on the criticism edge of all of this, but when you're
sizing somebody up for putting them into a position you need to
ask hard questions.
NASA, I've already done the budget part. But the budget is
larger than just the budget, the problem. It's the combination
of the budget and seemingly endless projects which NASA wants
to undertake, this kind of ambition which is fostered all the
way from 1962 forward, which is, from at least my point of
view, trying to do too much. Now, you can disagree with that.
I think tough economic times are going to require NASA,
along with everybody else, to have to pull back. It's nice that
the stock market went over 10,000 the other day, but it doesn't
have anything to do with the general perception of the health
of the economy and the well-being of our future yet. It
hopefully will before too long.
But NASA is going to have to accomplish what it really
needs to with limited resources. So then comes the question of
what does the IG do with something which most people hear and
then sort of brush to the side as being, well, they couldn't
think of anything else to say, waste, fraud, and abuse. There
are a lot of seniors all around America who are terrified today
because they think because the Senate Finance Committee has
said there'll be a $500 billion cut in Medicare, that they're
going to have their benefits cut.
They will not. It's not going to happen. But there is
within the health care system that affects or deals with
Medicare--there are providers, hospitals, and all the rest of
it--there is that kind of waste, fraud, and abuse that reaches
that level. If you cut that $500 billion out, then seniors will
stop worrying. I'm just making that as a comparison.
It is real in Medicare. It is real, I would choose to
believe--and you had some taste of that with the Augustine
review: You need an additional $3 billion to do meaningful
human space exploration; however, can you do that? Are you
really in a position to do that?
I think this is where an IG along with the person who runs
the finances really comes in. The NASA Office of Inspector
General has not in this Senator's view been overwhelmingly
effective over the years. For example, the GAO found that NASA
OIG recovers less than 40 cents for every budget dollar it
receives. Well, so what? So what? It's not just a matter of how
much you recover.
Well, it does mean something. This is far below the Federal
average of over nine dollars that other agency IGs as a rule
recover. So how do you intend from that measurement to increase
NASA productivity from the IG's office?
Mr. Martin. Thank you, Mr. Chairman. It's going to be a
challenge. This is an agency, an incredibly important agency,
NASA, and they need an effective and aggressive Inspector
General's Office. I think the first thing you need to do as an
effective Inspector General's Office is choose the important
projects, look at the important contracts, and dig deep in the
important programs. They tend to be the high-dollar programs.
As you know, Mr. Chairman, it's an $18 billion plus-a-year
agency. A lot of that is in contract dollars. So, what I would
hope to do, if confirmed, is to assess the auditors and assess
the investigators we have within the Inspector General's
Office. If we need to reprioritize or reposition people, we
will do that; but to go after the important issues and the
high-dollar issues.
The Chairman. OK. I can't challenge your answer. I mean,
you're committed to it and I believe you. I think it's going to
be hard. But then again, you know, I think it will be a lot
harder with the $500 billion in Medicare. But I believe you and
I'm for you.
An interesting statement was made earlier and I should have
said it while the Senator was still here. I think we're past
the point in this country when we can say because people are in
an area and are trained to do a certain kind of job, that that
job necessarily has to exist, that agency has to continue to
exist, because people are available to work in it. That's not
an inhuman thing to say. From a government point of view, with
limited dollars, with everything being ratcheted back, it's a
necessary thing to say.
Now, that can be disagreed with from a humane point of
view. But from running an efficient government, it can't be
disagreed with. So that's the whole question of the role that
both of you will play very strongly in terms of being efficient
with what you have, not trying to overreach. Constituencies in
the world of NASA are very ambitious for NASA. You know, this
pay a million dollars and travel to the moon type of thing. I
hear that and I just go blooey. I don't know how to react.
But there are a lot of things like that that go on in the
world of space. Some of them are strongly in America's national
interest. Some of them may not be. I think that the two of you
together will be the ones who help decide which are which.
This is a little bit of a negative way to end a hearing and
I apologize for that, but I don't really, because this is
incredibly important stuff. You're talking about cybersecurity
and you're talking about reaching out into space and how long
can you continue to do this, this project, that project,
whatever. It's all very important, which is why you are
courageous to take on the work that you do, and why I will
support all of you.
Thank you very much. Thanks to your families. Thanks to the
watching audiences that have admired you from across the world.
I don't know about you, Dr. Gallagher. Did you have anybody
watching you on television? Yes, your colleagues.
Dr. Gallagher. My colleagues.
The Chairman. I bet they were all nervous.
Dr. Gallagher. And my parents back in Albuquerque.
The Chairman. All right. Well, that's good then.
So on that good note, this hearing is adjourned.
[Whereupon, at 4:26 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Jane Harman,
U.S. Representative from California, 36th District
I'm honored to introduce this Committee to Erroll Southers,
nominated to serve as Assistant Secretary for the Transportation
Security Administration, and to welcome him back into the Federal
Government. But this opportunity is bittersweet. Erroll Southers was
one of the best-kept secrets in the homeland security community, and
many of us in Los Angeles might have preferred to keep him for
ourselves.
Mr. Southers has a record of service as a security officer that
spans three decades. He's worked as a police officer, an FBI Agent, a
state-level homeland security administrator, and most recently as Chief
of Counterterrorism and Intelligence for the world's largest airport
police force. Clearly he is a skilled and experienced practitioner. But
that's only half the story.
Mr. Southers brings a formidable intellectual component to his work
as well. In his role at the University of Southern California's Center
for Risk and Economic Analysis of Terrorist Events or CREATE, he has
sought to challenge and advance the thinking of the international
counterterrorism community.
And Mr. Southers' abilities as a do-er have yielded impressive
results in his nearly 3 years at Los Angeles World Airports (LAWA).
Always one to make decisions based on fact and a thorough assessment of
risk, Chief Southers has proven critical in the transformation of the
LAWA Police Department into one of the best trained, most professional
and adaptable airport police departments in the world. Moreover, he
oversaw the implementation of several cutting-edge pilot programs,
including a randomized vehicle screening system designed to detect and
deter IEDs.
To paraphrase Southers himself, LAX has been transformed from the
top airport terrorist target in the country into an operational think
tank capable of defending itself. It is precisely his ability to blend
theory and practice that makes Mr. Southers a superb choice to oversee
the Transportation Security Administration. It is a complex and vital
Federal agency that is often in the public spotlight.
At LAX, Southers' challenge was to allow business and travel to
continue undisturbed by fear of disruption, either from terrorist
attack or onerous security operations. Paradoxically, the better a job
he did, the less noticeable his efforts were. Hopefully, TSA will
follow the same path under his leadership--it will make the traveling
public secure while making its footprint less disruptive.
As I run through airports, I always take a moment and thank TSA
workers for their service. Mr. Southers takes the reigns of a dedicated
agency, and deserves prompt confirmation.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Elizabeth Robinson
Question 1. You note in your remarks to the Committee that NASA has
already taken steps to improve its financial statements. Given that
outside firms are incapable of even auditing NASA's statements, the
Agency's efforts to date appear to be completely inadequate.
What specific steps will you take as Chief Financial Officer to fix
this problem? While I have been told that NASA has been working hard to
address this problem, it can and must do better. In order to address
several underlying problems in financial data integrity, it is my
understanding that NASA employed a new approach in Fiscal Year 2008,
including implementation of a Continuous Monitoring Program (CMP). GAO
and others have agreed that the implementation of these new processes
and policies have improved NASA's ability to meet financial reporting
and internal control standards required for a clean audit. NASA has
also reported that due to a recently adopted Federal accounting rule
change, it may soon resolve its long-standing property audit issue
related to proving the historical accounting book values used for the
Space Shuttle and International Space Station.
Answer. If confirmed, I would continue NASA's efforts to institute
CMP and other programs, with adjustments as necessary to achieve the
objective. In addition, I would thoroughly investigate--and implement
corrective actions--for any other problems that may threaten the
completeness and integrity of NASA's financial system and data.
Question 1a. Will you commit to this committee that NASA's
financial statements will be auditable?
Answer. Yes; that is our mutual goal.
Question 1b. Will NASA's financial management system under your
leadership generate timely, accurate, and useful financial information
for outside review?
Answer. Yes; that is our mutual goal.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Elizabeth Robinson
Question 1. As you undertake this position, and from the
perspective of your previous positions at the Office of Management and
Budget and the Congressional Budget Office, what are the most
significant financial management issues facing NASA, and what ideas and
experience do you intend to bring to bear to meet them?
Answer. NASA has been unable to obtain a clean financial audit for
several years. While the agency has been working hard to address this
problem, it can do better and I will not simply trust but verify its
actions. If confirmed, one of my first priorities will be to review
existing activities to address this serious challenge and develop new
specific actions where required.
My experience at OMB provides a unique perspective, as I was the
senior career official overseeing the development of the president's
budget and its implementation, including budgetary execution. As part
of that role, I was in charge of revisions to Circular A-11 and led
collaborative efforts with Treasury to improve government-wide
collection of budgetary and accounting data. At CBO, I was the agency's
representative to the Federal Accounting Standards Advisory Board and
participated in the development of new and revised Federal accounting
procedures and requirements. Both experiences will serve me well, if
confirmed, as NASA's CFO.
Question 2. Do you anticipate, at this stage, any specific
procedural or institutional changes in NASA's financial analysis or
management processes or procedures? (If so, what might they be?)
Answer. In order to address the underlying problems preventing the
Agency from regularly obtaining a clean audit opinion, it is my
understanding that NASA took a new approach in Fiscal Year 2008 to
resolve weaknesses and improve financial reporting. The implementation
of these changes are reported to have improved NASA's ability to meet
financial reporting and internal control standards. NASA has also
reported that, due to a recently adopted Federal accounting rule
change, it is closing in on resolving its long-standing property audit
issue related to proving the historical accounting book values used for
the Space Shuttle and International Space Station. Assuring that NASA
focuses on these issues will be my top priority if confirmed.
Question 3. Do you agree that the President and the Congress have a
shared role and responsibility in establishing the Nation's policy
goals in civil space? If so, once those policy goals are established,
is it then the role of functions such as the Office of Management and
Budget, in the White House, and the Chief Financial Officer at NASA, to
reflect and adhere to those policy decisions and work to ensure they
are properly funded and effectively implemented?
Answer. Yes.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Paul Martin
Question 1. To what extent are you aware of the issues and concerns
that have been raised regarding the Management of the NASA Office of
Inspector General over the past several years?
Answer. I have no first-hand knowledge and therefore cannot speak
to the specific issues that transpired during the tenure of the
previous NASA Inspector General. However, I am aware of concerns raised
about low staff morale in the Inspector General's Office as well as
congressional concerns that the former IG lacked the appropriate degree
of independence.
Question 1a. What steps do you intend to take, if confirmed, to
address those concerns?
Answer. If confirmed, I would bring to NASA 11 years experience
helping manage a large and successful Office of Inspector General. Our
management philosophy at the Department of Justice OIG is simple--we
treat all employees professionally and with respect. We work hard, we
work as a team, and we produce high-quality products. If confirmed, I
would hope to instill the same philosophy and work ethic at the NASA
OIG.
In addition, I am confident after one meeting with Administrator
Bolden and Deputy Administrator Garver that they understand and
appreciate the independent role played by the Office of Inspector
General.
Question 2. What is your view of the appropriate working
relationship between the Office of the Inspector General and the NASA
Administrator? Between the Office of the Inspector General and the NASA
General Counsel office?
Answer. I believe the proper relationship between the NASA OIG and
the NASA Administrator is one of open communication and coordination,
but founded on a clear understanding of the differing roles and
responsibilities of each office. The NASA Administrator decides the
agency's policy and operational direction; the OIG is not part of NASA
management, but rather is charged with overseeing the effectiveness of
NASA programs and investigating allegations of criminal and
administrative misconduct against NASA personnel, and reporting its
findings both to the Administrator and Congress.
Similarly, I would envision open communication between the OIG and
NASA's Office of General Counsel. However, because the OIG has its own
General Counsel, the OIG would rely on its in-house counsel for legal
advice as it relates to OIG operations.
Question 3. How and where would you draw the line between the
appropriate level of consultation with senior NASA leadership and the
maintenance of independence and objectivity in the conduct of your
duties and Inspector General?
Answer. I believe it proper and helpful for the OIG to consult with
agency leadership to inquire about what areas of agency operations they
believe would most benefit from an OIG review. That said, the OIG would
independently decide which audits, inspections, investigations, and
review to initiate and how to conduct these reviews.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Erroll G. Southers
Question 1. The GAO recently reported that TSA has, until recently,
suffered from an attrition rate for senior-level staff at a rate higher
than all other cabinet-level departments. What would you do
differently? If confirmed, what steps will you take to ensure that TSA
recruits only highly qualified people to fill Transportation Security
Executive Service positions?
Answer. Investing in the TSA workforce is one of my top priorities
for the agency. It has been my experience that when an organization
invests in its people, they invest in the organization and everyone
benefits. In my experience, education incentives, professional
development, and leadership development have been key not only to
attracting but also to retaining a quality work force. If confirmed, I
look forward to using these tools to recruit and develop tomorrow's
leaders within TSA.
Question 2. The Visible Intermodal Prevention and Response (VIPR)
program works with local law enforcement to serve as a deterrent to
potential terrorist attacks. However, a recent GAO report found that
some VIPR teams do not have sufficient training or enough radios and
other communication equipment to coordinate effectively with local law
and surface transportation officials. If confirmed, what will you do to
make sure that TSA provides sufficient training and resources so that
VIPR teams can help protect our transportation networks?
Answer. My current experience with VIPR teams at Los Angeles
International Airport has been positive, as TSA has gone to great
lengths to include local teams and work with them on deployment based
on risk. I believe VIPR teams enhance TSA's ability to leverage
resources quickly to increase visible security in any mode of
transportation anywhere in the country. As a former law enforcement
academy instructor, I understand the importance of providing the proper
training so that officers can fulfill their duties and execute their
mission. I recognize the importance of continuing to provide training
and resources to all TSA employees, including VIPR teams.
It is essential to integrate local law enforcement into the
deployment VIPR teams. If confirmed, I will work with these key
stakeholders to ensure that VIPR teams are helping to make our
transportation systems the best in the world.
Question 3. Improving the security of our mass transit and
intercity passenger rail systems is especially critical following the
terrorist train bombings in Mumbai, India and Madrid, Spain. The 2007
Implementing the Recommendations of the 9/11 Commission Act included
many provisions to better protect our Nation's mass transit and
intercity passenger rail systems, but TSA has not met the deadline for
many of these requirements. If confirmed, what actions will you take so
that TSA completes all of the requirements established under the 9/11
Act, including the comprehensive risk assessment and national security
strategy for the rail sector?
Answer. I understand that many of the outstanding requirements of
the 9/11 Commission Act relate to the issuance of regulations through
the notice and comment rulemaking process. This is a time consuming
process that requires careful thought and consultation with all
relevant stakeholders as the regulations are developed. I have been
told that these rulemaking projects are underway, and that TSA
continues to work with stakeholders on interim voluntary risk reduction
measures.
Additionally, the requirement to complete a comprehensive risk
assessment for the rail sector, as required by Section 1511 of the 9/11
Commission Act, is being incorporated into TSA's Transportation System
Security Risk Assessment (TSSRA). When complete, the TSSRA will provide
the context for TSA to compare railroad risks with risks in other modes
of transportation. The national strategies, also required by the 9/11
Commission Act, will be incorporated into the corresponding annexes of
the upcoming update of the Transportation System Sector Security Plan
(TSSSP). The TSSSP, a comprehensive unifying plan, will supersede
separate interim strategies and plans for each mode of transportation.
If confirmed, I will support this approach, to increase effectiveness
in assessing risk and in informing and guiding mitigation efforts.
Question 4. What do you believe is an appropriate balance between
using a risk management framework such as DHS's National Infrastructure
Protection Plan and intelligence reports in terms of how TSA makes
strategic decisions on allocating resources?
Answer. Both risk and intelligence are very important, and I
believe that we do not need to choose between the two. In my experience
as Assistant Chief for Homeland Security and Intelligence at Los
Angeles World Airports Police Department, intelligence not only drives
tactical decisions on a daily basis, it also feeds threat assessments,
which are an important component of the risk equation. Risk management
frameworks, such as the National Infrastructure and Protection Plan,
improve analytic depth and efficiency of decision-making processes.
Question 5. State and local governments operate the majority of
mass transit systems and intercity passenger rail systems in this
country, but securing these systems is a shared responsibility between
Federal, state, and local partners. What would you do to improve mass
transit agencies' and intercity passenger rail systems' contingency
plans and their ability to handle relatively minor, as well as major
emergencies? How would you use the tools, procedures, and training the
TSA currently provides to transit agencies and intercity passenger rail
systems to help them prepare to respond to and recover from
emergencies?
Answer. I understand that TSA partners closely with law
enforcement, security, and emergency response professionals in order to
achieve the important goals you asked about. This multi -faceted effort
includes:
Comprehensive security assessments that evaluate the
effectiveness of security and emergency management plans as
well as coordination and integration with regional security and
emergency response partners;
Targeted grant investments, driven by these assessments,
that address security vulnerabilities and enhance capabilities
to prevent acts of terrorism and respond to threats, security
incidents, and other emergencies;
Cooperative outreach with the Federal Transit Administration
(FTA) and the Federal Emergency Management Agency (FEMA) that
brings mass transit and passenger rail agencies' security and
safety officials together to discuss specific challenges in
prevention, response, and recovery; share effective practices;
and collaborate in developing effective solutions; and
Training and exercise programs that integrate mass transit
and passenger rail agencies, local and State law enforcement
departments, emergency responders, and area Federal security
partners to expand the scope and enhance the effectiveness of
collaborative efforts in prevention, response, and recovery.
If confirmed, I will look to build upon these initiatives. I am
committed to maintaining direct communications with officials in the
mass transit and passenger rail systems.
Question 6. TSA continues to be ranked overall as one of the worst
government organizations to work for. What do you see as the major
reason for the poor morale in the agency? What impact do you think it
is having on the agency's performance? What actions will you take to
immediately address the issue?
Answer. In my current position at Los Angeles International Airport
with the Los Angeles World Airports Police Department, I have witnessed
firsthand the commitment of the TSA work force. If confirmed, the TSA
workforce will be a top priority. Throughout my career, I have focused
on effectively utilizing my workforce and training and preparing them
for new challenges. I understand TSA has enacted a series of workforce
initiatives to reward and incentivize employees for their work,
including full-time benefits for part-time employees, a peer review
program, career progression opportunities, and enhanced training. In my
experience, education incentives, professional development, and
leadership development have been key not only to attracting but also
retaining a quality work force. If confirmed, I look forward to using
these tools to recruit and develop tomorrow's leaders within TSA.
Question 7. Over the past several years Congress and the GAO have
made recommendations and set requirements for TSA to resolve
credentialing issues. The process has taken much longer than is
expected and has been far more expensive than estimated. The original
deadlines have passed and there are still problems with issuing,
activating and reading the TWIC. What assurances can you give us that
this long awaited program will be fully functioning in the near term?
Stakeholders, pilot participants, and GAO have been very critical of
the TSA's efforts to effectively conduct a Congressionally mandated
card reader pilot project to test card reader technology in a variety
of geographic areas with varying environmental conditions to test the
performance of card reader technology in the harsh maritime domain.
What steps will you take to establish consistent metrics across the
port pilot areas and vessel participants to establish validity of the
pilot program and reliability of the pilot's performance outcomes? Are
you testing card reader technology that is capable of reading other
certified Federal credentials?
Answer. I understand that TSA is currently working with the Coast
Guard to test TWIC reader technology in different environments across
the country before the Coast Guard moves forward with a card reader
rule for nationwide deployment. If confirmed I will work with the Coast
Guard, port and industry partners, and this Committee, to deploy card
reader technology as expeditiously as possible.
Question 8. With the proliferation of credentialing programs within
the Department of Homeland Security and within the Federal Government
generally, how is TSA working to modernize their vetting process and
better coordinate mutual recognition of government issued credentials
that have similar background checks and disqualification standards such
as the TWIC, SIDA and FAST credentialing programs? Is TSA taking steps
to engage the Department of Defense to establish coordinated background
check or mutually recognizes credential systems to facilitate
transportation between the commercial transportation systems into DOD
facilities?
Answer. It is my understanding that TSA continues to harmonize many
of its vetting and credentialing programs, both internally and with
other government authorities, to the extent that it is permitted by
law. If confirmed, I will work with the DHS Screening Coordination
Office and other agencies, both within and outside of DHS, to modernize
the use of threat assessment and credentialing programs, generate
efficiencies, and enhance interagency cooperation.
Question 9. TSA program managers have repeatedly raised concerns to
GAO about the limited staff resources available to carry out essential
program functions related to securing surface transportation modes,
such as monitoring the implementation of security initiatives and
evaluating the effectiveness of programs. What efforts will be made to
ensure the effective allocation of staff resources across
transportation modes, and what underlying principles will guide
priorities for allocating staff resources among the various modes of
transportation and threat scenarios?
Answer. It is critical that we maintain a sustainable capability to
support security enhancements in surface transportation.
Congressional actions have enabled TSA to expand its capabilities
in surface transportation security. Surface Transportation Security
Inspectors conduct security assessments to identify potential
vulnerabilities and subsequently apply the results to inform the
development of security enhancement programs and allocations of
resources, most notably transportation security grants. Congress
provided the means to establish this program in FY 2005 and has
continued to invest each year since.
Congress has also acted to expand TSA's capabilities to augment
security in surface modes through Visible Intermodal Prevention and
Response (VIPR) team deployments, appropriating funds that enabled the
present deployment of 10 standing teams in metropolitan areas around
the Nation. I understand the FY 2010 DHS appropriations bill would
support creation of up to 15 more standing teams.
I believe effective deterrence is dependent upon variability,
randomness, and unpredictability in security activities at and near
surface transportation systems. Coupled with the capabilities of
Federal Security Directors and Federal Air Marshal Special Agents-in-
Charge across the country, TSA can potentially expand the scope of the
deployments described above to sustain a higher operational pace and in
turn more effectively deter threats.
Question 10. Intelligence demonstrates that the transportation
network continues to be a key and attractive target for those wishing
to harm U.S. interests and that the terrorist threat continues to
evolve. DHS has made considerable progress in strengthening the
security of commercial aviation since September 11, 2001, but must
continue to adapt security measures to counter evolving threats,
balance resources across missions, and enhance technologies to
strengthen security. Since its creation following the events of
September 11, 2001, TSA has focused much of its efforts and resources
to strengthening commercial aviation security. TSA has more recently
placed additional focus on securing surface modes of transportation,
which includes establishing security standards and conducting
assessments and inspections of surface transportation modes. In your
view, what are the most significant challenges facing the department in
its efforts to secure the Nation's aviation, passenger rail, bus, and
mass transit system? What short-term and long-term actions need to be
taken to strengthen the security of the Nation's transportation systems
mentioned above?
Answer. There are a number of challenges facing the Department
ofHomeland Security (DHS) and the Transportation Security
Administration (TSA) as the Department works with stakeholders and the
public to strengthen security across all modes of transportation.
I understand that perhaps the most significant challenge facing TSA
in surface transportation security is uncertainty. We must continuously
pursue efforts to expand our awareness and understanding of a dynamic
threat environment and ensure we share accurate intelligence and
security information with our partners--the owners and operators of
surface transportation systems, law enforcement and security officials,
and local, tribal and Federal Government partners--in a timely and
effective manner. True collaboration is essential to maintaining a
unified approach that integrates the broad range of people,
institutions and organizations involved in surface transportation
security and emergency management. I understand a foundation has been
developed through joint security activities, exercises, training, and
public awareness efforts, but more must be done.
Question 11. Within the Nation's surface transportation system,
what security priorities would you focus on as Assistant Secretary?
Answer. As we have seen from attacks around the world in Madrid,
London, Mumbai and elsewhere, transit systems and other soft targets
have significant vulnerabilities. If confirmed, I will focus on the
following surface transportation priorities: the reduction of risk,
intelligence- and information-sharing, developing best practices,
security training for frontline employees, a robust exercise program,
focused use of new technology, and deployment of random, unpredictable
security assets. Going forward, it will be critical that TSA and
surface transportation providers also focus on developing resilient
systems that can recover quickly.
My experience with the California Office of Homeland Security and
the Los Angeles World Airports Police Department has shown me
coordination with all of the appropriate stakeholders, in both the
public and private sectors, is a key element in strengthening our
Nation's ability to prevent and recover from attacks on surface
transportation systems.
Question 12. What key steps would your experience suggest that the
department and TSA might take to define and implement a strategy to
strengthen security in these non-aviation modes?
Answer. Based on my thirty years in law enforcement and the
position I held with the State of California, I strongly believe that
it is essential for TSA to work closely and increase communication with
law enforcement personnel to share best security practices and
innovations. The dialogue must be two-way so that there is a cross-
fertilization of ideas between TSA and state, local, tribal and
territorial governments, and the private sector. I understand that TSA
is implementing a transportation security Information Sharing and
Analysis Center that will provide for the information-sharing and best
practices. If confirmed, I look forward to implementing this and other
innovative strategies to strengthen our transportation security
efforts.
Question 13. What do you believe the Department's role should be in
ensuring the security of mass transit and passenger and freight rail
systems, and what obstacles, if any, hinder the Department from
successfully performing such a role?
Answer. The Department of Homeland Security and the Transportation
Security Administration play a leading role in identifying current
threat scenarios and communicating them in a timely manner to affected
security partners at private sector, Federal, State, tribal, and local
levels. In partnership with transportation and critical infrastructure/
key resources owners and operators, we can develop and implement
comprehensive, measurable, and effective risk-based security programs
and ensure resiliency in our transportation networks. If confirmed, I
will work to identify and overcome any potential obstacles to achieving
this goal.
Question 14. Since 9/11, there have been several terrorist attacks
around the world on mass transit systems such as the attacks in Spain
(2004), London (2005), Mumbai (2006), and most recently in China
(2008). These attacks suggest that mass transit systems could be a
target of future terrorist action. In addition, freight rail is the
primary mode by which hazardous materials are transported throughout
the nation, with railroads typically carrying about 1.8 million
carloads of hazardous materials annually. These materials also serve as
a potential target for terrorists. What changes, if any, do you
envision making in TSA's current organizational approach for addressing
the security needs of the surface transportation and aviation modes in
a limited resource environment?
Answer. If confirmed, I would like the opportunity to carefully
study TSA's current organizational structure before determining what
changes, if any, are necessary.
I will certainly ensure that TSA continues collaboration with its
security partners to reduce the vulnerability of all modes of
transportation. As an example, I understand that collaboration with the
Nation's freight railroads has already realized a measured risk
reduction of nearly 74 percent associated with the transportation of
hazardous materials through high threat urban areas since tracking
began in 2006.
Question 15. TSA has a number of programs assessing different
assets within the transportation sector, such as mass transit,
passenger rail, pipelines and highway infrastructure. Do you think TSA
would benefit from conducting a risk assessment of the transportation
sector as a whole?
Answer. Yes, I believe that TSA would benefit from conducting a
risk assessment of the entire transportation sector. I understand that
TSA is currently in the process of conducting such an assessment in
accordance with the Fiscal Year 2009 DHS Appropriations Act.
Question 16. Through its ENGAGE training for Transportation
Security Officers and its Screening of Passengers by Observation
Techniques (SPOT) program, TSA has taken steps to expand its security
efforts to screen for passengers with suspicious behaviors in addition
to screening for prohibited items. What is your vision for expanding
TSA's behavior-based programs? How will you gauge the success of this
new security paradigm?
Answer. If confirmed, I would like to carefully study TSA's
behavior-based screening programs, such as ENGAGE! and SPOT, before
determining how to expand these programs or committing to a method for
gauging their success.
Question 17. With the shift of grant programs to FEMA, stakeholders
have raised concerns that TSA now lacks the ability to appropriately
assess the benefits of Federal investment in the reduction of risk that
such grant programs are intended to address for our transportation
sectors. How can TSA become more involved is assessing the lessons
learned from the allocation of grant funds through the various
transportation security grants programs into the TSA's programmatic
management and risk management overall?
Answer. If confirmed, I will work closely with FEMA to ensure that
the Transit Security Grant Program is functioning as efficiently as
possible. I understand that TSA is already involved in assessing
lessons learned, and I see that role expanding through, for example,
continued and greater involvement of the Transportation Security
Inspectors in conducting Baseline Assessment for Security Enhancement
reviews. This should allow TSA to glean lessons learned from more grant
recipients more frequently.
Question 18. Recent press reports have raised questions about how
well the TSA and the FAA vet individuals who receive airman
certificates, which include pilot licenses, mechanic licenses, and
everyone else who has direct access to aircraft. What is the status of
efforts the agency is taking to address this vetting issue? What is the
timeline for the anticipated completion of these efforts?
Answer. I understand fully the importance of this issue, and
recently met with FAA Acting Deputy Administrator Lynne Osmus and DHS
Deputy Assistant Secretary for the Screening Coordination Office (SCO)
Kathy Kraninger to learn more about it. If confirmed, I will work with
FAA, SCO, and this Committee to ensure TSA is vetting against the
correct lists and that FAA Airman Certificates are not issued to the
wrong people or retained by people who should not have that privilege.
Question 19. Is TSA taking steps to review other criminal watch
lists housed in the government (e.g., Treasury Department) that are not
currently being utilized by the Department of Homeland Security (DHS)
for Airman Certificate vetting?
Answer. I understand that the topic of vetting against other
criminal watch lists is one of the items being discussed by a TSA/FAA
working group. If confirmed, I will work with FAA, the Screening
Coordination Office, you, and the Committee to make sure TSA is vetting
against the correct lists and that FAA Airman Certificates are not
issued to or retained by the wrong people.
In response to your related question at the hearing, I followed up
with TSA staff about general aviation and airman certificate vetting
and was informed that TSA's vetting of airman certificate holders does,
in fact, include general aviation pilots. TSA is checking all 3.9
million FAA certificateholders daily (perpetual vetting) against the
full Terrorist Screening Data base (TSDB), which includes the No Fly/
Selectee Lists. The 3.9 million figure includes both general aviation
and commercial pilots, as well as mechanics, flight engineers,
navigators, flight attendants, and others who are granted airman
certificates.
Question 20. Will TSA be incorporating the use of biometric
identifiers in either Airman Certificate or watch list data bases?
Answer. If confirmed, I will work with the Terrorist Screening
Center and DHS Screening Coordination Office to enhance the
effectiveness of watch list data bases. It is my understanding that TSA
continues to harmonize many of its vetting and credentialing programs
within DHS and with other government authorities, and I look forward to
continuing that effort.
Question 21. GA security has received relatively little attention
since 9/11. There are a number of voluntary GA security guidelines, but
few requirements are currently in place for this segment of the
aviation industry. Would you consider developing a national strategy to
address GA security? What concepts do you believe should be mandated to
strengthen the GA security regime?
Answer. Yes, I believe that General Aviation (GA) should be
included as part of a national strategy for transportation security. I
understand that the effort to update the Transportation Systems Sector
Specific Plan (TSSSP) is well under way and will include an Annex on
aviation that addresses GA. I've also been informed that DHS
anticipates issuing the TSSSP with its accompanying modal Annexes in
2010.
In my current position an Assistant Chief for Homeland Security and
Intelligence for the Los Angeles World Airports (LA WA) Police
Department, I am responsible for security at Van Nuys Airport, one of
the busiest general aviation airports in the country. What I have seen
in my experience is that as we worked to harden security at LAX, there
was concern that the risk might be pushed out to our other three
general aviation airports. As we worked to mitigate that risk, we
engaged and educated our stakeholders so that they were a part of our
mission and were empowered to report suspicious activity. I believe in
collaborative approaches like this one, and if confirmed, I am
committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented.
If confirmed, I look forward to working with you on strengthening
GA security efforts.
Question 22. In your experience with advanced screening
technologies, such as backscatter and millimeter wave (new imagery
technology) have you found them a useful tool? What do you believe is
the future for such technologies?
Answer. As someone who has worked on counterterrorism matters at
the Federal, state, and local level for 30 years, most recently as an
Assistant Chief for Homeland Security and Intelligence for the Los
Angeles World Airports (LA WA) Police Department, I believe we need a
multilayered approach that incorporates technology. Advanced imaging
technology (AIT) helps mitigate known and evolving threats and provides
the ability to detect metallic and non-metallic objects on travelers
without physical contact.
Question 23. What do you believe needs to be done to speed the
deployment of such technology to the field?
Answer. It is my understanding ARRA funds have been used to advance
the deployment of new technology to airports across the country. If
confirmed, I will work within the President's budget to maximize
resources and deploy appropriate technology to provide the best
security for the traveling public.
Question 24. The requirement to rescreen all checked bags inbound
from Canada has been expensive from both a TSA and individual air
carrier perspective. With the Olympic games moving to Vancouver in
2010, air traffic between our nations will increase substantially. Do
you believe the TSA will be able to effectively address this sustained
increase in traffic? Will TSA consider conducting a pilot program with
the Canadian government to screen all bags with 100 percent Explosive
Detection System (EDS) for the period covering the Olympic games.
Answer. It is my understanding that TSA is well positioned to meet
the challenges associated with increased travel between the United
States and Canada during the 2010 Vancouver Olympics. If confirmed, I
will continue to work with my Canadian counterparts to ensure a
solution that generates efficiencies for passengers and meets both
nations' security responsibilities.
______
Response to Written Questions Submitted by Hon. Bill Nelson to
Erroll G. Southers
Question 1. You mentioned that an accurate registered traveler
program would help TSA to focus on higher risks. Earlier efforts
reportedly stalled in part because TSA did not provide clear direction
on what information was needed in order for pre-screened travelers to
be accelerated through security. Are you committed to working with
registered traveler programs to identify this information in order to
facilitate a safe, sound process, while assuring that personal
information is kept private and secure?
Answer. If confirmed, I would like to explore a Registered Traveler
concept further. I look forward to working with you and this Committee
on ways to efficiently allocate our resources to bolster security,
focus on risk, and enhance the passenger experience.
Question 2. It is vital that general aviation is secure. However,
many rules written for commercial aviation do not effectively apply to
general aviation in the way they are intended, or do not take into
account key differences between the two. When implementing safety and
security policies for general aviation, will you work with the GA
community to ensure that rules are effective and sound?
Answer. Yes. As someone who has worked on counterterrorism matters
at the Federal, state, and local level for 30 years, and most recently
as an Assistant Chief for Homeland Security and Intelligence for the
Los Angeles World Airports (LAWA) Police Department, I understand the
challenges of securing both commercial and general aviation airports.
The balance between ensuring the free flow of commerce and protecting
our Nation's vital transportation systems is critical to TSA's mission.
In my current position, I am responsible for security at Van Nuys
Airport, one of the busiest general aviation airports in the country.
What I have seen in my experience is that as we worked to harden
security at LAX, there was concern that the risk might be pushed out to
our other three general aviation airports. As we worked to mitigate
that risk, we engaged and educated our stakeholders so that they were a
part of our mission and were empowered to report suspicious activity. I
believe in collaborative approaches like this one, and if confirmed, I
am committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented. I look
forward to the opportunity to work with you and the Committee on this
issue moving forward.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Erroll G. Southers
Question 1. Mr. Southers, as you know, there is a one-hundred
percent screening requirement for all cargo placed on commercial
passenger flights that goes into effect next August. In some instances,
meeting this mandate without causing undo economic harm is going to be
challenging.
Let me give you an example. In Washington State, the fresh cherry
season is very short and cherries need to be picked, packed and shipped
within 24 hours. During the season, fresh cherries are flown from
SeaTac to Asian markets on anywhere between eighty to one hundred
dedicated freight aircraft flights as well as in the cargo hold of
numerous commercial passenger flights.
To help the cherry growers meet the current fifty percent
inspection requirement, this summer TSA provided K-9 units to scan the
cherries shipped on these commercial passenger flights. And I thank TSA
for doing that. But everyone recognizes this is not a viable long term
solution to meet my growers' need to have cherries shipped on
commercial passenger flights and TSA's need to ensure the security of
our skies.
I have been told that equipment is being tested that would allow
freight forwarders to scan full pallets and containers at airports
before they are loaded onto planes. The availability of this technology
would greatly improve the ability of our cherry growers to get their
highly perishable product to Asian markets quickly and efficiently, and
eliminate the need for dogs. Based on your experience at LAX, what is
the status of the testing of this technology?
Answer. I strongly support deployment of advanced technology to
assist in meeting the air cargo screening requirements in the 9/11
Commission Act. I understand that TSA is evaluating technologies that
can be used for screening perishables on skid level (48 x40) material
handling devices. I further understand that TSA intends to commence the
laboratory evaluation of this technology before the end of CY 2009,
operational testing is being planned at Miami and Boston facilities,
and TSA anticipates that this technology will be added to its list of
approved technologies in the first quarter of CY 2010.
Question 1a. When do you believe freight forwarders be able to
begin utilizing these scanners?
Answer. Once approved by TSA and added to the approved products
list, availability from the manufacturers will dictate when freight
forwarders will be able to install and operate this equipment.
Question 1b. If confirmed, will you consider accelerating the
rollout of these scanners?
Answer. I understand that TSA is expediting its schedule to fully
evaluate this and other technologies in support of the 100 percent
screening mandate. Once approved by TSA, the timeline for rolling out
these scanners will be dependent on the availability of the technology
from the manufacturers.
Question 2. Mr. Southers, passengers flying in from Canada who have
a connecting flight to other destinations within the U.S., have to get
their baggage screened twice--first at the Canadian airport and then at
the port-of-entry U.S. airport. This causes needless delays without
necessarily increasing security. I imagine this situation occurs at LAX
just as it does at airports in Washington State. Why do you think this
type of baggage is being screened twice? Do you see a need for the U.S.
and Canada to harmonize procedures and/or standardize on equipment? If
confirmed, do you see this as an issue that you can help resolve?
Answer. It is my understanding that Federal law requires all
baggage arriving from foreign nations be screened by TSA prior to
departing on a connecting domestic flight. TSA may only accept baggage
screened in Canada if Canadian screening methods provide the same or a
superior level of security than U.S. procedures. I understand that TSA
and its Canadian counterparts continue to exchange information in
furtherance of this goal. If confirmed, I will continue to work with my
Canadian counterparts to achieve a solution that generates efficiencies
for passengers and satisfies both nations' security responsibilities.
Question 3. Mr. Southers, roughly seventy percent of container ship
traffic entering the Port of Seattle and the Port of Tacoma is
discretionary. That is, only thirty percent of the contents of these
containers get consumed in Pacific Northwest, the remainder gets
transported to points east.
Washington Ports compete with Canadian ports in Vancouver and at
Prince Rupert for discretionary container traffic. Asian shippers
decide where to ship to, based on price and schedule. I understand that
there is a statutory mandate to scan all U.S.-bound containers with
non-intrusive equipment at overseas port of loading by July 2012.
Do you know if container ships bound for Canadian ports will have
similar scanning requirements for in-bound containers? If that is not
the case, do you think that this difference in law will place U.S. west
coast ports at a competitive disadvantage? Do you see a need to
harmonize policies and practices with respect to ensuring the security
of in-bound containers across North America?
Answer. I understand that issues relating to in-bound maritime
containers are the responsibility of U.S. Customs and Border Protection
(CBP) and are not within the scope of TSA's responsibilities. If
confirmed, I will work to coordinate with CBP to ensure DHS provides
the answers to your questions.
Question 4. Mr. Southers, the original Notice of Proposed Rule
Making (NPRM) for Large Aircraft Security Program (LASP) would have
required all U.S. operators of aircraft exceeding twelve thousand
pounds maximum take-off weight to implement security programs that
would be subject to compliance audits by TSA. As you know, there was
considerable controversy regarding the proposed rulemaking within the
general aviation community, general aviation airports, and those who
rely on general aviation for transportation. The original LASP NPRM was
rescinded earlier this year for revisions. In recent days, published
reports indicate that TSA intends to issue a supplemental NPRM for LASP
early next year. My understanding is that at LAX, you work with nearby
general aviation airports on security matters. If confirmed, based on
your experience, what is your general approach to risk management at
general aviation airports?
Answer. As someone who has worked on counterterrorism matters at
the Federal, state, and local level for 30 years, and most recently as
an Assistant Chief for Homeland Security and Intelligence for the Los
Angeles World Airports (LA WA) Police Department, I understand the
challenges of securing both commercial and general aviation airports.
The balance between ensuring the free flow of commerce and protecting
our Nation's vital transportation systems is critical to TSA's mission.
Question 4a. Generally speaking, what do you think are the most
serious vulnerabilities at general aviation airports?
Answer. As you note, I am responsible for security at Van Nuys
Airport, one of the busiest general aviation airports in the country.
What I have seen in my experience is that as we worked to harden
security at LAX, there was concern that the risk might be pushed out to
our other three general aviation airports. As we worked to mitigate
that risk, we engaged and educated our stakeholders so that they were a
part of our mission and were empowered to report suspicious activity. I
believe in collaborative approaches like this one, and if confirmed, I
am committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented. I look
forward to the opportunity to work with you and the Committee on this
issue moving forward.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Erroll G. Southers
Question 1. Our transportation security efforts have largely
focused on aviation. As TSA Administrator, how will you protect the
millions of Americans who travel by mass transit and passenger rail?
Answer. If confirmed as Administrator, I will pursue advancing a
collaborative security strategy that integrates key stakeholders from
mass transit and passenger rail systems, local law enforcement
departments, the emergency response community, and our state, local,
tribal and Federal Government partners. I will continue to use TSA's
Visible Intermodal Prevention and Response (VIPR) teams to expand the
scope of resources applied to deterrent security activities. I
understand from briefings with the TSA officials that a five-pronged
strategic approach is in place and these priorities are:
Protect High Risk Assets and Systems;
Elevate the Security Baseline;
Build Security Force Multipliers;
Assure Information Flow; and
Expand Partnerships for Security Enhancement.
If confirmed, I will review this approach carefully, with the
specific purpose of identifying opportunities to enhance our
effectiveness, including the sustainability of our efforts, in this
important area.
Question 2. As Administrator, what actions will you take
immediately so that TSA meets all deadlines set by Congress in the
Implementing Recommendations of the 9/11 Commission Act, including the
comprehensive risk assessment and national security strategy for the
rail sector due this year?
Answer. I understand that many of the outstanding requirements of
the 9/11 Commission Act relate to the issuance of regulations through
the notice and comment rulemaking process. This is a time consuming
process that requires careful thought and consultation with all
necessary stakeholders as the regulations are developed. I have been
told that these rulemaking projects are underway, and that TSA
continues to work with stakeholders on interim voluntary risk reduction
measures.
Additionally, the requirement to complete a comprehensive risk
assessment for the rail sector, as required by Section 1511 of the 9/11
Commission Act, is being incorporated into TSA's Transportation System
Security Risk Assessment (TSSRA). When complete, the TSSRA will provide
the context for TSA to compare railroad risks with risks in other modes
of transportation. The national strategies, also required by the 9/11
Commission Act, will be incorporated into the corresponding annexes of
the upcoming update of the Transportation System Sector Security Plan
(TSSSP). The TSSSP, a comprehensive unifying plan, will supersede
separate interim strategies and plans for each mode of transportation.
If confirmed, I will support this approach, to increase effectiveness
in assessing risk and in informing and guiding mitigation efforts.
Question 3. Now that the deadline for workers to obtain these TWIC
cards has been met, TSA must now focus on deploying technology that can
be used to accurately read the cards. How long will it be before our
ports have the technology in place to read TWIC cards?
Answer. I understand that TSA is currently working with the Coast
Guard to test TWIC reader technology in different environments across
the country before the Coast Guard moves forward with a card reader
rule for nationwide deployment. Like you, I am eager to see this
technology deployed. Though I am not currently aware of the details of
the pilot and the Coast Guard's rulemaking work, if confirmed I will
work with the Coast Guard, port and industry partners, and this
Committee, to expedite card reader technology deployment.
Question 4. As Administrator, will you commit to setting the number
of airport screeners based on an analysis of risk and need?
Answer. If confirmed as TSA Administrator, I will explore the most
effective method to staff screening checkpoints. I understand that TSA
currently uses a Screening Allocation Model to determine the staffing
of Transportation Security Officers at commercial airports. This model
uses available resources provided by Congress to staff screening
checkpoints based on a number of factors, including risk, airline
schedules, and passenger volume.
Question 5. A recent GAO report found that some of these VIPR Teams
do not have sufficient training or enough radios to coordinate
effectively with local law enforcement and surface transportation
officials. How will you provide adequate training and resources so VIPR
can protect our transportation networks?
Answer. My current experience with VIPR teams at Los Angeles
International Airport has been positive, as TSA has gone to great
lengths to include local teams and work with them on deployment based
on risk. I believe VIPR teams enhance TSA's ability to leverage
resources quickly to increase visible security in any mode of
transportation anywhere in the country. As a former law enforcement
academy instructor, I understand the importance of providing the proper
training so that officers can fulfill their duties and execute their
mission. I recognize the importance of continuing to provide training
and resources to all TSA employees, including VIPR teams.
It is essential to integrate local law enforcement into the
deployment VIPR teams. If confirmed, I will work with these key
stakeholders to ensure that VIPR teams are helping to make our
transportation systems the best in the world.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Erroll G. Southers
Question 1. Are you aware of the persistent problems associated
with the terrorist watch lists, whereby innocent travelers experience
unnecessary delays or inconveniences as a result of their names being
mistaken for individuals on the ``Selectee'' or ``No-Fly'' lists? Could
you provide an update on the progress the Secure Flight program is
making in reducing the number of watch list misidentifications?
Do you believe that the Secure Flight program, once it is fully
operational, will effectively address the problems of watch list
misidentifications? Are there additional authorities or resources
Congress could provide that would enhance the ability of TSA to address
these problems?
Do you believe that TSA will be able to meet its current goal of
having Secure Flight fully implemented for all domestic flights by
early 2010, and for all international flights by the end of 2010?
Answer. I share your concerns about travel delays and watch list
misidentifications. The additional information provided by passengers
to the Secure Flight program will significantly reduce the number of
watch list misidentifications, while applying the most advanced
technology to passenger vetting. As a result, incidents where
passengers must go to the ticket counter to resolve potential
misidentifications will be greatly reduced.
It is my understanding that TSA is well positioned to complete
implementation of the Secure Flight program. TSA is working with the
air carriers to implement Secure Flight in phases, with each airline
incorporating the necessary changes into their systems. The key to
success for this program is collaboration; if confirmed, I will
continue to work with the airlines and other stakeholders to achieve
timely implementation.
Question 2. It is my understanding that TSA officials are engaged
in ongoing discussions with Canadian authorities to put in place new
baggage screening technologies and procedures at Canadian airports that
will meet U.S. baggage screening standards. Such an agreement could
negate the need for current regulations that require checked luggage
screened at Canadian luggage to be rescreened before transfer to a U.S-
based connecting flight, requirements that pose significant logistical
and cost challenges to U.S. airline and airport operators. Could you
provide an update on the current status of discussions between TSA and
Canadian authorities regarding this issue? Could you provide an
estimate of the timeline for final resolution of this issue?
Answer. I understand that TSA and its Canadian counterparts
continue to exchange information in pursuit of this goal. If confirmed,
I will continue to work with my Canadian counterparts to achieve a
solution that generates efficiencies for passengers and satisfies both
nations' security responsibilities.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Erroll G. Southers
Question 1. In your confirmation hearing, you stated that, ``The
whole body imaging platform still remains 100 percent optional, so our
travelers still have the option to not participate.'' The TSA website
states, ``Use of whole body imaging technology is always 100 percent
optional to all passengers.'' As Administrator, will you maintain this
policy and ensure that passengers always have an alternative screening
method to whole body imaging?
Answer. Yes, if confirmed I will maintain TSA's current policy that
passengers may request alternative screening procedures. If a passenger
opts to not use imaging technology, they will receive equivalent
screening, which will include use of a walk through metal detector and
a pat-down.
Question 2. The TSA's website claims that, ``Many passengers prefer
advanced imaging technology. In fact, over 98 percent of passengers who
encounter this technology in TSA pilots of technology prefer it over
other screening options.'' Do you believe that the public has been
adequately informed about whole body imaging technology and the images
it produces?
Answer. I understand that TSA has provided information to the
public and the media on the deployment and use of imaging technology to
assist in screening passengers. However, I agree that continued and
extensive education of the traveling public and affected stakeholders
is critical to TSA's mission.
Question 2a. Would you support providing more information about the
technology to passengers before they reach the point of screening, such
as signs placed in the terminal and at the beginning of security lines?
Answer. Yes. It is my understanding that TSA has reached-out to
aviation stakeholders and passengers during the technology's pilot
phase, and that TSA has signs informing passengers about the
technology, including sample images at airport security checkpoints, in
front of the machine, and on the machine itself If confirmed, I will
ensure that adequate signage is in place and also continue to build
upon the agency's current ``Why?'' campaign so the public can better
understand everyday practices and protocols of our security, including
imaging technology.
Question 3. TSA pat-down inspections are done by a TSA officer who
is the same sex as the passenger. The images produced by whole body
imaging technology are very detailed and the sex of the passenger is
easily identifiable.
In order to enhance passenger privacy, would you support a policy
to require that the TSA officer who views the images produced by whole
body imaging machines be the same sex as the passenger being screened?
Answer. I believe the effort to provide effective aviation security
requires a balance between technology, privacy and security. It is my
understanding that TSA's current protocol requires that all images
generated by imaging technology are viewed in a walled-off location
that is not visible to the public. The officer assisting the passenger
cannot view the image, and as an additional precaution, the officer
viewing the image never sees the passenger. The image that is displayed
uses the most advanced privacy filters currently available and I
support TSA's long-term goal to advance the technology so the human
image is stick-figure like while still displaying anomalies. It is my
understanding that TSA is actively working with vendors to achieve this
capability. If confirmed, I will work to ensure the privacy of the
traveling public is protected while providing the necessary security to
protect them.
Question 4. Members of the general aviation community have
expressed concerns about TSA's Large Aircraft Security Program (LASP)
proposed rulemaking. My understanding is that TSA plans to respond by
issuing a supplemental Notice of Proposed Rulemaking (NPRM) to address
some of these concerns. Could you share how TSA under your leadership
will engage and work with the general aviation community when
developing and promulgating aviation security requirements?
Answer. As someone who has worked on counterterrorism matters at
the Federal, state, and local level for 30 years, and most recently as
an Assistant Chief for Homeland Security and Intelligence for the Los
Angeles World Airports (LAWA) Police Department, I understand the
challenges of securing both commercial and general aviation airports. I
am responsible for security at Van Nuys Airport, one of the busiest
general aviation airports in the country. What I have seen in my
experience is that as we worked to harden security at LAX, there was
concern that the risk might be pushed out to our other three general
aviation airports. As we worked to mitigate that risk, we engaged and
educated our stakeholders so that they were a part of our mission and
were empowered to report suspicious activity. I believe in
collaborative approaches like this one, and if confirmed, I am
committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented.
With regard to the issuance of TSA's Large Aircraft Security
Program (LASP) Notice of Proposed Rulemaking, I understand that after
receiving more than 8,000 public comments and holding public meetings
and comment sessions with stakeholders throughout the country, TSA is
developing a supplemental Notice of Proposed Rulemaking for the LASP
program that will address many of the concerns. If confirmed, I look
forward to the opportunity to work with you and the Committee on this
issue moving forward.
______
Response to Written Questions Submitted by Hon. Mark Warner to
Erroll G. Southers
Question 1. It is my understanding that, with Richmond
International Airport's plans to rebuild its terminal in 2004, TSA
asked them to install TSA's in-line explosive detection system during
the reconstruction work. Completing the installation during the process
of rebuilding Richmond's terminal would, in fact, be more cost
effective than completing the installation on its own at a later date.
Although TSA did not have funds available at the time, an April 28,
2005 letter from TSA stated it would continue to work with the airport
and would include the airport's request in future budget deliberations.
Richmond agreed to cooperate and built TSA's explosive detection
system, completing the work in 2007. Although the Richmond Airport
completed the installation work 2 years ago, TSA has yet to provide
reimbursement. Can you commit in a timely manner to making it a
priority that TSA fulfills its commitment to reimburse Richmond
International Airport for the $3.6 million expense of installing the
in-line explosive detection system?
Answer. If confirmed, you have my commitment to look into the
Capitol Region Airport Commission's $3.6M request for reimbursement of
the checked baggage in-line explosive detection system (EDS) installed
at Richmond International Airport (RIC). I look forward to working with
you, the Committee and officials at the Capitol Region Airport
Commission and RIC on this issue.
Question 2. The Transit Security Grant Program is intended to
address the security needs of bus and rail systems including both
capital projects and operating initiatives. Transit systems should be
the primary decisionmakers on the allocation of funds toward specific
security measures; they are the ones directly accountable to their
employees, customers and the general public for the security of their
systems and riders on a daily basis. Will you commit to implementing
the TSGP so that transit agencies can use those funds to meet their
unique and urgent security needs, including measures that mitigate the
impacts of a terrorist attack and reduce recovery times (i.e.,
detection capability, fire suppression, emergency evacuation and
decontamination), particularly where these measures are specified in
agency risk assessments?
Answer. If confirmed, I will support the TSGP to address all of the
elements of resiliency: prevention, protection, response, and recovery.
I recognize each transit agency is unique and the TSGP must fund
security measures that are best suited to enhance specific systems. If
confirmed, I will work to ensure that the projects proposed and funded
are tied to agency security assessments, as required by the
Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L.
110-53).
Question 3. A new, larger security mezzanine with 24 screening
points was recently opened at Dulles International Airport. This new
security checkpoint was constructed to TSA standards and touted by TSA
as the ``checkpoint of the future''. Yet, from day one, TSA has failed
to adequately staff this new checkpoint, resulting in long lines for
travelers trying to make it on time for flights. TSA has now moved to
permitting screeners to work 4 days-a-week, plus one day with double
shifts, which is hardly a sustainable solution. Can you provide a plan
that shows how the new Dulles security mezzanine will be adequately
staffed in the future?
Answer. It is my understanding that the new Mezzanine Checkpoint at
Washington Dulles International Airport has the same number of
screening lanes as the previous Terminal Level configuration, and that
TSA has previously committed to ensuring that the new checkpoint would
be fully equipped and staffed for its opening. If confirmed, I will
continue to work with the Office of Security Operations to ensure that
all airports, including Dulles, are properly staffed to minimize wait
times and maximize throughput.
______
Response to Written Questions Submitted by Hon. Mark Begich to
Erroll G. Southers
Question 1. The Large Aircraft Security Program (LASP) Notice of
Proposed Rulemaking was introduced by the TSA at the end of the last
Administration and generated a sizable negative response during the
public comment period.
Since then, the TSA has worked toward a new Supplemental NPRM which
would take into consideration the comments filed to the original
proposal as well as through direct TSA engagement with industry and
stakeholders. If confirmed, will you work to move forward on this
Supplemental NPRM? What general approach would you take with respect to
engaging constructively with stakeholders on new security requirements?
If confirmed, would you ensure these proposals are targeted toward
specific risks and fully consider the practical implementation of these
proposals?
Answer. As someone who has worked on counterterrorism matters at
the Federal, state, and local level for 30 years, and most recently as
an Assistant Chief for Homeland Security and Intelligence for the Los
Angeles World Airports (LAWA) Police Department, I understand the
challenges of securing both commercial and general aviation airports.
The balance between ensuring the free flow of commerce and protecting
our Nation's vital transportation systems is critical to TSA's mission.
In my current position, I am responsible for security at Van Nuys
Airport, one of the busiest general aviation airports in the country.
What I have seen in my experience is that as we worked to harden
security at LAX, there was concern that the risk might be pushed out to
our other three general aviation airports. As we worked to mitigate
that risk, we engaged and educated our stakeholders so that they were a
part of our mission and were empowered to report suspicious activity. I
believe in collaborative approaches like this one, and if confirmed, I
am committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented.
I understand the need to have collaborative discussions with
affected stakeholders before new security requirements are issued, when
time and situation permit, and in a setting that respects the
sensitivity of certain information. If confirmed, I intend to work with
our partners in private industry, the traveling public and at all
levels of government in formulating and issuing new security
requirements.
With regard to the issuance of TSA's Large Aircraft Security
Program (LASP) Notice of Proposed Rulemaking, I understand that after
receiving more than 8,000 public comments and holding public meetings
and comment sessions with stakeholders throughout the country, TSA is
developing a supplemental Notice of Proposed Rulemaking for the LASP
program that will address many of the concerns. I look forward to the
opportunity to work with you and the Committee on this issue moving
forward.
Question 2. If confirmed, what steps would you take to reconcile
items prohibited by the TSA with necessary survival equipment required
under state law?
Answer. I understand your concern about the unique circumstances
involving air travel in Alaska, and I share your view that it is
important that we reexamine the prohibited items list with respect to
rulemaking for general aviation. We should strive to ensure not only
the safety of the traveling public, but also that we are taking a
commonsense approach to security that Americans can easily understand.
Question 3. The TSA has used Security Directives to expand existing
requirements even though a May 2009 report by the DHS Inspector General
found ``General Aviation presents only limited and mostly hypothetical
threats to security.''
Our most recent experience involves the expansion of security
credentialing requirements to tens-of-thousands of pilots and employees
at airports and aviation manufacturers. This resulted in Security
Directive-8F (revised as SD-8G) which was developed this summer. There
is still considerable confusion and misinformation in the aviation
community on the actual rules and facilities impacted by this Security
Directive. Under what circumstances should TSA use Security Directives
instead of going through the rulemaking process?
Answer. As noted above, I understand the need to have collaborative
discussions with affected stakeholders before new Security Directives
or emergency regulations are issued, when time and situation permit,
and in a setting that respects the sensitivity of certain information.
If confirmed, I intend to work with our partners in formulating and
issuing new security requirements.
Question 4. After the September 2001 terrorist attacks, Anchorage
International Airport (ANC) was required by the TSA to invest in
Explosive Detection Systems (EDS) with the understanding the TSA would
reimburse the airport for at least 75 percent of the allowable costs.
After installation of the EDS was complete the TSA determined there was
insufficient funding and withdrew its commitments to reimburse ANC, as
well as several other airports. Congress tried to address this with
passage of a law implementing the recommendations of the 9/11
Commission, which clarified airports should be reimbursed.\1\ ANC has
still not been reimbursed because installation of the EDS was completed
before implementation of this Act. Are you aware of this problem? If
confirmed, what will you do to address the commitment for reimbursement
originally made by the TSA to airports such as ANC?
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\1\ Public Law 110-53, Section 1604.
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Answer. I am aware of this issue. If confirmed, I plan to study
TSA's reimbursement criteria and process for cost-data collection,
review and validation. You have my commitment to look into the
Anchorage International Airport (ANC) request for reimbursement for the
checked baggage in-line explosive detection system. I look forward to
working with you, the Committee and officials at the ANC on this issue.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Erroll G. Southers
Question 1. TSA recently initiated an oversight change to the
Principal Security Inspector (PSI) position. If confirmed, will you
commit to initiating and completing a review of the PSI position
responsibility changes and its implication on airline oversight and
compliance before changing the role and responsibilities of PSIs?
Answer. Yes. If confirmed, you have my commitment to look into the
PSI matter.
Question 2. I have attached a letter from a Sheriff in Harris
County, Texas who has sought TSA's approval to utilize armed reserve
deputies on commercial aircraft for the purposes of extradition cases.
Federal law clearly states that the TSA Administrator is authorized to
approve such requests; however, the Sheriff's office has been unable to
gain authorization. As TSA Administrator, if confirmed, will you review
this matter and report back to the Committee on your findings and
intentions regarding the Harris County request and others like it?
(Letter enclosed)
Answer. Yes. If I am confirmed, I will review this matter. I look
forward to working with you to resolve the Sheriff's concerns and
engaging the Committee on the overarching policy. I believe my
extensive law enforcement background will facilitate and enhance the
potential for a collaborative working relationship.
Question 3. In the face of declining passenger numbers and reduced
traffic at screening checkpoints, Transportation Security Officers
(TSO) are reportedly being diverted to other missions beyond the
screening checkpoints. Many other TSOs appear to be transitioning to
new job assignments, including behavior detection officers, a move that
reduces the overall number pool of trained screening personnel. As more
TSA personnel are moved to roles other than the core checkpoint
screening mission, one could argue TSA is creating two cultures of
``screeners'' and ``nonscreeners'' that, from a staffing perspective,
could make it difficult to respond to traffic growth and threats that
require more personnel at the checkpoint. As TSA Administrator, if
confirmed, how would you address the dilution of available TSO staff at
checkpoints, while taking into account yearly budget constraints?
Answer. I appreciate your concern. If I am confirmed, you have my
commitment to assess the impact of TSO and Behavior Detection Officers
(BDO) staffing on checkpoint screening.
My own experience at Los Angeles International Airport is that BDOs
provide value by adding an important layer of security. This layer of
expertise ensures the safety of the traveling public, as well as the
reduction of delays.
Question 4. Given your previous experience working in an airport
environment, what are your thoughts and concerns regarding the
implementation of 100 percent physical screening of airport employees,
and what solutions would you propose considering existing budget
constraints and risk based security models?
Answer. Theoretically, the implementation of 100 percent physical
screening of airport employees is a desirable protective protocol.
Unfortunately, many airports, including LAX, are not configured to
support the logistics of such a security process. As an example, at
LAX, the entire perimeter of our 3,500 acre site would have to be
secured, with pre-determined access points for employees. Second, all
of the perimeter tenants would have to implement 100 percent screening
inside their respective facilities. Other airports throughout the
country would face similar challenges at a great cost.
Acknowledging the different logistical scenarios present at our
Nation's airports, the best scenario would include the ``random''
checkpoint screening of employees, as we have implemented at LAX. In
those situations, unannounced, random checkpoints are established at
employee entrances and 100 percent screening takes place. This process
entails the check of employee identification cards and personal items,
in order for the employee to be granted access to any restricted area.
Given limited resources and budgetary constraints, this is often the
most efficient model we have identified to address security while
ensuring continuity of operations.
Question 5. Since the inception of TSA, many stakeholders have
consistently had concerns regarding the technology acquisition and
procurement procedures. Stakeholders point to the lack of focus,
clarity, communication and standardization of the technology
acquisition and procurement process. As TSA Administrator, if
confirmed, will you commit to reviewing the existing acquisition
process and reporting back to the Committee on suggested improvements
you intend to implement?
Answer. Yes. I share the Secretary's vision for transparency and
efficiency for the Department. If confirmed, I look forward to working
with you and the Committee to ensure the agency provides a streamlined
process for potential vendors to discuss technology products and issues
and to bid on TSA procurements.
Question 6. TSA's passenger pre-screening program Secure Flight is
currently in the process of being launched over the next year. As that
process moves forward, it is important the transition is smooth but
also does not create any market based competitive advantaged or
disadvantages on any one air carrier, solely based on early or late
adoption into the program. As TSA Administrator, if confirmed, will you
commit to making sure the transition to Secure Flight does not impact
the competitive landscape of the airline industry by creating potential
flight booking advantages or disadvantages on any one air carrier?
Answer. If confirmed, I look forward to working with you, the
Committee, the Secure Flight team at TSA, and stakeholders to ensure
smooth integration of Secure Flight into the airlines' individual
systems.
Question 7. In August, along with several colleagues on the
Committee I signed a letter to FAA Administrator Babbitt and Acting TSA
Administrator Rossides regarding reported weaknesses in the existing
vetting system of Airman Certificates. As TSA Administrator, if
confirmed, will you commit to implementing and executing a plan to
eliminate existing weaknesses in the vetting system and to work with
the FAA to make sure no national security threats are allowed to
maintain Airman Certificates?
Answer. I understand fully the importance of this issue, and
recently met with FAA Acting Deputy Administrator Lynne Osmus and DHS
Deputy Assistant Secretary for the Screening Coordination Office (SCO)
Kathy Kraninger to learn more about it. If confirmed, I will work with
FAA, SCO, and this Committee to ensure TSA is vetting against the
correct lists and that FAA Airman Certificates are not issued to the
wrong people or retained by people who should not have that privilege.
Question 8. In the 9/11 Act, TSA was directed to review ways to
enhance security by identifying airline flight crew members and giving
them expedited access through security. I understand that TSA has
cooperated with stakeholders on several demonstration projects to test
different methods for enhanced aircrew identification. As TSA
Administrator, if confirmed, how do you intend to implement an
expedited access program to sterile areas for aircrew and what type(s)
of identification capabilities would be necessary in order to implement
such a program?
Answer. I understand that TSA has been piloting an expedited access
program for airline flight crew members called CrewPASS. If confirmed,
this is a program I would be willing to explore. Having a vetted
population like this would allow us to focus on the risk presented by
the unvetted population and may be a wise and efficient use of our
resources. I look forward to working with you, this Committee, and
stakeholders on innovative solutions that enhance security.
______
Response to Written Questions Submitted by Hon. Jim DeMint to
Erroll G. Southers
Question 1. Mr. Southers, in your response to my letter asking
whether you will enter into a collective bargaining agreement with
screeners you state, ``My experiences with the bargaining units in
those agencies have been productive, collaborative and challenging.''
This seems to indicate that you think unionization of screeners is not
inconsistent with maintaining the highest levels of aviation security.
Is this accurate?
Answer. My statement applied to my current experience at the Los
Angeles World Airport Police Department, where I have a manager's
understanding of the security work force, environment and challenges,
not to the TSA. As I mentioned in my letter to you, I would like an
opportunity to assess operational and organizational issues and to talk
with stakeholder groups before making a recommendation to the
Secretary. If confirmed, it will be my duty and obligation to protect
the Nation's transportation systems to ensure freedom of movement for
people and commerce.
Question 2. Mr. Southers, in my letter to you I asked for an answer
that began with a Yes or No. Unionization of TSA screeners is one of
the three or four highest profile public policy issues facing the
agency you wish to lead. Do you expect the Committee to believe that
you don't actually have an opinion on such an important public policy
issue?
Answer. Forming an opinion at this time would be premature and
would not allow me the opportunity for research and discussions with
impacted parties. I reiterate the commitment I gave you in our meeting
and in my recent letter: as a 30-year law enforcement officer, the
mission comes first with me. If confirmed, I will never compromise on
ensuring the highest levels of security possible for the traveling
public.
Question 3. Mr. Southers, in your letter you state, ``While the
responsibility to recommend that we modify or maintain the status quo
rests with the TSA Administrator, the Secretary inherently retains the
statutory authority to act upon my recommendation.'' Additionally
during the campaign the President stated, ``If I am elected President,
I will work to ensure that TSOs have collective bargaining rights and a
voice at work to address issues that arise locally and nationally.''
Mr. Southers, it seems to me that the political leadership at the
highest levels has indicated the fix is in on this issue. In your
discussions with the White House and the Secretary have you been
assured that you will have free reign to implement the policy you
believe best protects the public, even if that policy would prohibit
collective bargaining?
Answer. The Secretary has said that she would like a TSA
Administrator in place before any decision on this topic is made. If
confirmed, I will carefully study the issue, review relevant
information, reach out to stakeholder groups, and then make a
recommendation to the Secretary. Before I can make that recommendation,
I must have a thorough understanding of TSA's operations and work
force.
Question 4. Mr. Southers, was Kip Hawley (previous TSA
Administrator) wrong to continue to prohibit collective bargaining?
Answer. If I am confirmed, you have my commitment to review
relevant information, meet with stakeholder groups, work with all
impacted parties, and thoroughly review this matter. I was not privy to
information that Mr. Hawley had access to in his time as Administrator.
I commit to you that I will talk to former TSA Administrators for their
input and counsel as part of my review process.
______
Response to Written Questions Submitted by Hon. John Thune to
Erroll G. Southers
Question 1. Mr. Southers, with your responsibility for security at
LAX and general aviation airports in Palmdale, Ontario and Van Nuys,
what do you see as TSA's role when it comes to general aviation--
including smaller airports in South Dakota? I pose this question
because a number of general aviation users in South Dakota have
inquired about recent actions by TSA when it comes to what they believe
are controversial Security Directives that mandate commercial airports
conduct security threat assessments on all general aviation users that
have access to the airport. While I can understand the need to conduct
threat assessments to improve security at commercial airports, what
balance would you strive for to ensure that general aviation users
aren't impeded when it comes to the freedom they currently enjoy when
traveling from one airport to another?
Answer. As someone who has worked on counterterrorism matters at
the Federal, state, and local level for 30 years, and most recently as
an Assistant Chief for Homeland Security and Intelligence for the Los
Angeles World Airports (LAWA) Police Department, I understand the
challenges of securing both commercial and general aviation airports.
The balance between ensuring the free flow of commerce and protecting
our Nation's vital transportation systems is critical to TSA's mission.
As you note, I am responsible for security at Van Nuys Airport, one
of the busiest general aviation airports in the country. What I have
seen in my experience is that as we worked to harden security at LAX,
there was concern that the risk might be pushed out to our other three
general aviation airports. As we worked to mitigate that risk, we
engaged and educated our stakeholders so that they were a part of our
mission and were empowered to report suspicious activity. I believe in
collaborative approaches like this one, and if confirmed, I am
committed to reaching out to stakeholders, particularly those in
general aviation community, to build on their partnership with TSA to
ensure best practices and risk-based solutions are implemented.
With regard to the issuance of TSA's Large Aircraft Security
Program (LASP) Notice of Proposed Rulemaking, I understand that after
receiving more than 8,000 public comments and holding public meetings
and comment sessions with stakeholders throughout the country, TSA is
developing a supplemental Notice of Proposed Rulemaking for the LASP
program that will address many of the concerns. If confirmed, I look
forward to the opportunity to work with you and the Committee on this
issue moving forward.
Question 2. What do you see when it comes to the future of Security
Directives, especially as it relates to the manner in which they are
issued and whether or not you believe that such measures should be
subject to public comment and review?
Answer. I understand the need to have collaborative discussions
with affected stakeholders before Security Directives or emergency
regulations are issued, when time and situation permit, and in a
setting that respects the sensitivity of certain information.
If confirmed, I intend to work with our partners in formulating and
issuing Security Directives and emergency regulations.
Question 3. Should airports be reimbursed for costs related to
implementation of security directives?
Answer. In my current role as Assistant Chief for Homeland Security
and Intelligence for the Los Angeles World Airports Police Department,
I understand the need to implement directives quickly, based on
intelligence. However, at this time I do not have enough information to
make an informed decision about the long-term costs to the airports.
This is an issue I would like to look at carefully if confirmed in
coordination with airport partners.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Erroll G. Southers
Question 1. The FY2010 DHS appropriations conference report puts an
emphasis on controlling the growing maintenance costs of the agency's
screening technologies. It is my understanding that TSA is working with
vendors to develop equipment with greater throughput and lower
maintenance costs. What planning is in place to reduce Operational and
Maintenance costs associated with Explosive Detection Systems (EDS)?
Answer. In the current economic environment, I appreciate the need
to control costs. I have been briefed that TSA is in the midst of a
competitive procurement for EDS equipment that will use total ownership
cost as one of the evaluation factors. For example, the Transportation
Systems Integration Facility (TSIF) at Ronald Reagan Washington
National Airport is dedicated to testing and refining airport security
equipment and processes, a critical link to the identification of more
efficient systems. It is believed that testing at TSIF may yield
impressive savings. If confirmed, you have my commitment to review this
effort in detail and to work closely with TSA's Office of Security
Technology and the Department of Homeland Security's Technology
Security Laboratory to ensure that TSA continues to maximize cost and
efficiency.
Question 2. How can funding for Inline Baggage Handling Systems be
reduced while accommodating future passenger growth?
Answer. This is a challenging problem--as Assistant Chief for
Homeland Security and Intelligence for the Los Angeles World Airports
(LAWA) Police Department, I have worked in an airport that experiences
large passenger volume and a significant terrorist threat. In the
current economic environment, the optimal investment in airport
security would be in technology that could accommodate future passenger
growth. Since I have seen first-hand the benefits of a collaborative
approach to security, if confirmed, I will make sure the TSA works with
stakeholders to understand particular airport configurations and review
assessments about future passenger growth prior to making procurement
decisions about technology.
Question 3. The President's budget request for Fiscal Year 2010
included $856 million for Explosives Detection Systems (EDS), which is
an increase from the previous enacted level in Fiscal Year 2009 of $294
million. Even with the large increase for EDS that will soon be passed
by Congress, the need of airports across the country to recapitalize
checked baggage screening equipment and accelerate the deployment of
in-line systems remains of the upmost importance. Some argue that
without continued funding it will be impossible to provide the latest,
cutting-edge technology necessary to keep the aviation sector secure
from the threats of terrorism.
As you know, many of these checked baggage screening systems that
were deployed immediately after September 11, 2001, have reached the
end of their life cycles and the costs to keep these older technology
systems functioning with minimal down time is becoming prohibitive.
Will you support maintaining the Fiscal Year 2010 EDS procurement and
installation funding levels at our Nation's airports in Fiscal Year
2011 necessary to maintain the Electronic Baggage Screening Program
(EBSP)?
Answer. If confirmed, I will work within the President's budget to
maximize resources and deploy appropriate technology that provides the
best security for the traveling public.
Question 3a. With the threat of new explosives evolving rapidly how
do you see this factoring into the replacement of older equipment such
as Explosive Trace Detection (ETD) with newer equipment that is
equipped to change with these continued new threats?
Answer. I am deeply concerned about the threat of new explosives.
It is my understanding that ARRA funds have been used to advance
technology at airports across the country and that newer equipment has
the adaptability to meet the emerging threats. If confirmed, I will
work to continue to maintain and improve security against new and
evolving explosives.
Question 4. In knowing that there is a need for airports across the
country to recapitalize checked baggage screening devices and
accelerate deployment of in-line systems, the Congress has, over the
past several years, continued to see a proposal in the president's
budget for a temporary, four-year surcharge in the passenger security
fee, to have the taxpayers pay for this program. Do you anticipate
building a budget based upon a passenger security fee and, if so, how
much would the fee be and how much is TSA estimated to collect by a
passenger security fee?
Answer. I understand that the President's FY2010 budget assumes
that a passenger security fee adjustment will be phased in over 3
years, beginning in FY2012. The current security fee of $2.50 per
passenger enplanement would rise to $3.50, $4.50 and $5.50 in FY2012,
FY2013 and FY2014, respectively. This should increase revenue
collections by approximately $850 million in each of the 3-years, to a
total increase of $2.6 billion in FY2014. In 2014, collections would
offset about 86 percent of discretionary passenger and property
screening costs.
Question 5. I applaud any effort by the Transportation Security
Administration to enhance security at our Nation's largest airports,
but we cannot forget the fact that a significant majority of passengers
begin their trips at medium and small airports.
Specifically, according to figures from the Department of
Transportation's Bureau of Transportation Statistics, 54 percent of the
passengers begin their trips at the Nation's top 25 airports, while 46
percent of the passengers begin their air travel at the next 225
airports. Therefore, since checked baggage is screened at originating
airports, medium and small airports cannot be neglected if aviation
security is truly to be enhanced. In is a direct result of this fact
that Congress has set aside funding for medium and small-sized airports
for the past two Fiscal Years. In knowing that two of the highjackers
on 9/11 began their flight at a small airport in Bangor, Maine, would
you agree that the need for medium and small airports to receive the
latest explosives detection systems is as important as the Category X
airports?
Answer. I believe that we must continue investing in the security
of medium and small-sized airports. Adding Explosives Detection Systems
where feasible greatly enhances security and defends against the
diversion of risk to these locations. If confirmed, I look forward to
working with you and the Committee on examining ways to enhance the
overall aviation security network.
______
Response to Written Questions Submitted by Hon. Johnny Isakson to
Erroll G. Southers
Question 1. It seems that our philosophy regarding airport security
remains focused on intercepting bad things (such as guns, knives,
explosives, liquids). It is a reactive policy, aimed at preventing the
last terrorist plot from being repeated. Boxcutters were used on 9/11,
so we banned them from being allowed on airplanes. The British foiled a
plot to blow up airliners using liquids, so we limit carry on liquids
to 3oz. containers that can fit in a 1 quart bag. A shoe bomber tries
to destroy an airplane en route from Paris to the U.S., so we now take
off our shoes going through security.
1. These things don't hijack planes, however the terrorists who
use them do. So it would seem to me that the best way to detect
terrorists is to focus on intercepting not the boxcutter they
may use, but the actual person who may use it. Bad people, not
bad things necessarily, should be stopped.
2. It is a cliche to point to El Al and Israeli airport
security, and in many instances their system will not work in
the U.S. given that Israel on an annual basis has a fraction of
the number of passengers that travel in the U.S. However, as
you know, the Israelis are constantly monitoring behavior.
a. They look for things out of the ordinary that do not
fit, and may indicate a threat.
b. Their airport security agents are constantly
interacting with passengers, asking questions, engaging
in dialogue.
3. As I am sure you know being the Assistant Chief for Homeland
Security and Intelligence at LAX, Israeli security depends
greatly upon good intelligence.
4. One of the other interesting things about Israeli security
is that security is the first thing the passenger encounters.
Unlike here where passengers go through security after checking
in for their flights and checking their bags, only when Israeli
security is satisfied that a passenger is not a threat are they
allowed to proceed to the check-in counter. By that point,
there is no need to make a passenger remove their shoes, or to
confiscate a water bottle.
5. I understand that TSA is training some officers to notice
facial expressions, body language, and speech patterns, but by
and large it seems to me that our philosophy remains the same
as it always has.
I'm not advocating for profiling but I wonder if, given the finite
security resources we have, if this is the best approach. I would be
curious to hear your thoughts on this.
Answer. TSA's and the Department of Homeland Security's consistent
policy has been that racial, ethnic, or religious profiling is
counterproductive to the mission of providing aviation security and to
the larger counterterrorism responsibilities of the Department and the
Federal Government. I share that view.
I also share your concern that we must maintain our efforts to be
proactive in our security approach and to anticipate potential security
threats. One important way to implement effective counterterrorism
initiatives and procedures to counter the evolving terrorist threat is
to do more to educate the public and increase awareness in our society.
The prospects of success for any policy initiatives that we implement
are likely to be significantly enhanced if we adopt a concerted effort
to explain our initiatives and the reasoning behind them. An engaged
and empowered community creates the potential for an understanding and
loyal ally in our security mission. The development of this partnership
will require a sustained and significant commitment to public outreach.
TSA's ``Why'' campaign, designed to answer the public's security-
related procedural concerns, is a step in the right direction.
Question 2. With regards to intelligence, from your experience at
LAX do you believe that TSA does a sufficient job in sharing
intelligence with the airports? Is there room for improvement on that
front?
Answer. As a law enforcement officer, I believe that there is
always room for enhancing information sharing. I recognize that there
is a need to maintain operational security and the classified nature of
the intelligence, but the sharing of this information with those at the
local and state level is vital to facilitating increased collaboration
and the appropriate allocation of resources to counter threats. If
confirmed I will work with the Secretary to push forward her
information sharing initiatives with state, local, tribal and
territorial governments, and with private sector stakeholders.
Question 3. After 7 years, we finally feel like we have the
appropriate TSA staffing, checkpoint setup and management in place at
Hartsfield.
1. Communication between TSA, the airport officials, and the
major tenants (Delta and Air Tran) is finally consistent.
2. We remain concerned with wait times at the E Concourse
recheck, but understand TSA is working to mitigate those times
and thus far has done a good job.
3. Hartsfield is a unique layout, unlike any other in the
country. It is the only airport of its size where every
airlines' passenger goes through the same checkpoint (unlike
LAX, JFK, etc. where there are individual terminals for each
airline).
Please ``do no harm'' as it relates to Hartsfield. Things are going
well there, and complaints on flow and wait times are down.
a. We would also urge you and your staff to keep us apprised on
a regular basis of what is going on at Hartsfield as it relates
to staffing and wait times.
b. Finally, will you commit to visiting Hartsfield during the
first 6 months of your tenure?
Answer. I am pleased to hear that TSA is currently providing
quality security and customer service to Hartsfield International
Airport. In my current position, I and my colleagues frequently look to
Hartsfield for best practices. If confirmed, I will work diligently to
ensure that TSA continues to deliver both world-class security and
customer service at Georgia's airports and at airports across the
country. If confirmed, you have my commitment to visit
AtlantaHartsfield, along with other airports of varying sizes and
security and operational challenges in my first 6 months.
Question 4. We had an unpleasant issue with TSA's handling of
Delta's application for TSA approval for launch service to Nairobi,
Kenya; Abuja, Nigeria; Monrovia Liberia; Luanda, Angola; Malabo,
Equatorial Guinea; and Sal, Cape Verde Island.
1. Delta was forced, on the day service was to commence, to cancel
their Nairobi service at significant cost to themselves. The flights
were sold out for the first 4 weeks of service.
2. Given the nature of U.S. industry expansion, we would urge you
to look at expanding the capacity of the office that oversees these
approvals. There is going to be more expansion once the economy
rebounds, and having the necessary staffing in place is going to be
crucial.
Will you commit that, once confirmed, you will look into staffing
issues at this office and report back (in a classified manner if
necessary) on whether staffing is sufficient and on ways to ensure the
process guarantees some certainty for airline applicants?
Answer. In my experience, communication has been key to addressing
the issues you raise. If confirmed, you have my commitment to look into
the matter, report back, and build upon the steps taken to ensure
information flow.
Question 5. As you will recall this past June Clear, a registered
traveler program, ceased operations. Clear operated lanes at 20
airports nationwide including Atlanta.
1. Clear customers were prescreened before receiving a special
ID card that allows them to access designated security lanes.
As part of this prescreening process, Clear collected personal
credentialing information from its customers such as name,
Social Security number, passport information, date of birth,
address and other personal identifying information.
2. Clear collected this information on both its website, and at
laptop computers located at its kiosks at airports and at Grand
Central Station in New York. Clear also collected biometric
information in the form of facial photographs, iris scans and
fingerprint scans. Once approved, customers accessed express
lanes at participating airport security checkpoints.
3. In our State of Georgia alone Clear signed up and collected
personal and biometric data for over 20,000 customers. Clear
collected the same data on an additional 240,000 customers
nationwide.
4. According to the Clear website, ``applicant and member data
is currently secured in accordance with the Transportation
Security Administration's Security, Privacy and Compliance
Standards. Verified Identity Pass, Inc. will continue to secure
such information and will take appropriate steps to delete the
information.''
5. As Clear winds down its operation, we need to know that the
deletion of this credentialing and biometric data remains a top
priority. We are also concerned that the personal and biometric
information of our constituents could be compromised.
Will you commit to us that once confirmed he will undertake a
review of the process by which this biometric data is being deleted,
and report back to the Committee on its progress?
Answer. If confirmed, I will ensure an appropriate review process
is implemented to determine the status of the biometric data and report
back to the Committee.
Question 6. What are your thoughts on registered traveler programs?
Do you believe that TSA should continue to pursue such programs with
private vendors?
Answer. If confirmed, a Registered Traveler concept is something I
would like to explore. I look forward to working with you and this
Committee on ways to efficiently allocate our resources to bolster
security, focus on risk, and enhance the passenger experience.
Question 7. We hear regularly (one or two phone calls a week)
complaints on the following issue. TSA had announced last year that
technology would be in place to allow passengers to carry liquids of
any quantity on board airplanes (eliminating the 3 oz. restrictions
that are in place). Will you review that process and report back on its
progress to the Committee?
Answer. It is my understanding that TSA is working closely with the
Department of Homeland Security's Science and Technology Directorate to
automate the detection of dangerous liquids. If confirmed, I will do
everything possible to facilitate the development of such technologies
and to build upon my established relationships with the U.S.'s
international partners to ensure a consistent approach to the liquids
threat and other emerging explosives detection technology.
Question 8. TSA employees at security checkpoints have been telling
some of our constituents that their roll aboard bags do not fit in the
airline ``size wise'' containers, and therefore they need to return to
the ticket counter to check them. We have had constituents complain
that this has happened to them at Atlanta, LaGuardia, and Phoenix. As
one constituent said ``TSA is there to enforce security laws, not to
enforce carry on rules. I was especially angry because the airline
agent told me my bag was ok to carry on. Do you believe this is a core
TSA function?
Answer. TSA's core mission is to protect the Nation's vital
transportation systems to ensure the free flow of commerce and the
American people. If confirmed, I will look into the matter further to
ensure the TSA and the air carriers are carrying out their proper roles
and responsibilities.
______
Response to Written Questions Submitted by Hon. Sam Brownback to
Erroll G. Southers
Question 1. The Large Aircraft Security Program (LASP) Notice of
Proposed Rulemaking (NPRM) was introduced by the TSA at the end of the
last Administration and elicited more than 7,000 negative public
comments because it did not address security issues in an effective,
practical manner. Since then, the staff at the TSA has worked toward a
new Supplemental NPRM which would take into consideration the comments
filed to the original proposal as well as through direct TSA engagement
with industry. Stakeholders have reached out to the TSA actively with
constructive proposals and a willingness to work to address clearly
identified security risks for general aviation.
I've been told that TSA is making changes to the original proposal.
Are you committed to working with the GA community on this and other
issues in the future to develop reasonable and effective security
measures?
Answer. Yes. As someone who has worked on counterterrorism matters
at the Federal, state, and local level for 30 years, and most recently
as an Assistant Chief for Homeland Security and Intelligence for the
Los Angeles World Airports (LAWA) Police Department, I understand the
challenges of securing commercial and general aviation airports. My
current responsibilities include the protection of three General
Aviation airports, including Van Nuys Airport, which is one of the
Nation's busiest. I believe in a collaborative approach and, if
confirmed, I am committed to reaching out to stakeholders, particularly
those in general aviation, and building on the community's partnership
with TSA to ensure best practices and risk-based solutions are
implemented.
Question 2. The 2003 FAA reauthorization bill required the TSA to
conduct security audits of all FAA certificated foreign repair
stations. However, the TSA never fulfilled this requirement, and as a
result Congress again required an audit in the 9/11 Recommendations
bill and prohibited the FAA from certifying any new stations until the
rule was finalized. TSA missed a 2008 deadline for completing the rule
and as a result maintenance providers have been unable to open any new
foreign repair stations. TSA is now in the process of finalizing a
notice of proposed rulemaking (NPRM) on foreign repair station security
rule, having sent it to OMB for review.
Are you familiar with this issue? Will you work to get this NPRM
through OMB as quickly as possible when you are confirmed, and will
this be a priority for you? Will you allow for adequate stakeholder
input and FAA coordination to ensure effective implementation of the
final rule?
Answer. I recognize TSA has a legal obligation to issue a final
rule with respect to the security of foreign repair stations and that
this is an important issue to this Committee. If confirmed, I will work
to move the NPRM forward. It is my understanding that in advance of the
publication of the NPRM, TSA has already conducted hundreds of
voluntary inspections both in the United States and internationally. I
recently had the opportunity to meet with FAA Acting Deputy
Administrator Lynne Osmus and if confirmed, I look forward to
strengthening the TSA-FAA partnership and building upon the work
currently being done to analyze both foreign and domestic repair
station security practices.
Question 3. The TSA repeatedly uses Security Directives (SD) to
vastly expand existing requirements without a compelling, emergency
security threat. TSA needs to do a better job of identifying immediate
threats that require emergency action and those actions that should be
implemented through rulemaking. The most recent example involves the
expansion of security credentialing requirements to tens-of-thousands
of pilots and employees at airports and aviation manufacturers without
due consideration and process of the Administrative Procedures Act.
This resulted in SD-1542-8F (followed by -8G) which was developed this
summer.
When should TSA use Security Directives instead of rulemaking under
the Administrative Procedures Act (APA)? What criteria would you use to
make these decisions?
Answer. I understand the need to have collaborative discussions
with affected stakeholders before Security Directives or emergency
regulations are issued, when time and situation permit, and in a
setting that respects the sensitivity of certain information. If
confirmed, I intend to work with our partners in formulating and
issuing Security Directives and emergency regulations.
Question 4. The Department of Homeland Security is currently
undertaking a comprehensive threat, vulnerability and consequences
study of the transportation industry to ensure that future resources
are properly targeted. The Transportation Sector Security Risk
Assessment (TSSRA) is scheduled to be presented to Congress on January
10, 2010.
Are you aware of this assessment? Have you been briefed on it yet?
What is the advantage of this exercise? How will it help you set
priorities particularly for an agency that has been almost solely
focused on addressing the security risks from aviation?
Answer. I am aware of the assessment, but I have not received a
briefing on the TSSRA effort. I believe that protecting the traveling
public against the evolving terrorist threat requires an innovative
approach to security based on intelligence and risk and these
assessments help inform where resources should be allocated.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Dr. Patrick Gallagher
Question 1. What can you tell me about this proposal to reorganize
the Cybersecurity Division?
Answer. The Information Technology Laboratory has had some internal
discussions about the structure of the Laboratory and is seeking input
through our Advisory Committees and key external stakeholders. The
discussions are still in the formative stage. Nothing has been
presented to me for my consideration. Cybersecurity is a vital, central
mission of the laboratory. Given the increasing importance and
complexity of cybersecurity, ITL has undertaken an internal assessment
of its operational structure to ensure that its programs fully reflect
the important and complex, interdisciplinary nature of today's threats.
Question 2. Do you think this is a good idea?
Answer. I think the discussions, as I understand them, have been
focused on the structure and demands of the Lab given the challenges to
be addressed. They are asking: ``Is the organization aligned well?''
This and other questions are worthy of discussion. A reorganization is
a long and involved process. If confirmed, I look forward to having
discussions with the Congress, the Lab Director and others on how best
NIST can fulfill its mission critical responsibilities in the area of
cybersecurity. My overall mission for NIST is that resources and
objectives be fully aligned.
Question 3. What about all the criticism about eliminating
cybersecurity and how this reorganization is a step backward?
Answer. There is absolutely no effort to diminish the importance of
cybersecurity or eliminate cybersecurity work at NIST. I can assure you
that whether or not changes are ultimately proposed for ITL, NIST is
committed to strengthening not diminishing its critical role in
cybersecurity. NIST takes very seriously its cybersecurity mission to
work efficiently and effectively on the many challenges associated with
ensuring a robust system of cybersecurity standards, guidelines and
protocols. As the internal draft documents made their way outside of
NIST, NIST has received reactions across the spectrum. We look forward
to the input of others including our Visiting Committee, other key
external stakeholders, as well as the Congress as discussions proceed.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
and Hon. Kay Bailey Hutchison to Dr. Patrick Gallagher
Question 1. Can you describe the morale of the police force at
NIST? Are the officers satisfied with their leadership?
Answer. Morale within the NIST Police Services Group has suffered
in the past months as a result of concerns about their management and
work environment. Once those concerns were brought to the attention of
NIST leadership, a number of actions were taken (detailed below) that I
believe have contributed to a visible improvement in the overall work
climate since then.
The officers know that their leadership now reports to a higher
official within the agency, who is in personal contact with the group
and has shared her plans for changes with them directly on several
occasions.
Question 2. I understand that there have been allegations about the
safety and security of NIST facilities. What is the state of security
at NIST facilities, and what are you doing to address the issues that
have been raised?
Answer. I would like to assure the Committee that security at all
of the NIST facilities continues to be maintained at the highest level.
The Department of Commerce Office of Security in its most recent
risk assessment of the Gaithersburg campus (August 2008) identified the
numerous physical security and police functions that constitute the
agency's security posture. Several recommended improvements have been
or are in the process of being implemented, including significant
infrastructure improvements.
The NIST Center for Neutron Research (Building 235), was recently
re-licensed by the Nuclear Regulatory Commission. Demonstrating full
compliance with all necessary security requirements was a prerequisite
for that licensing as is on-going assurance of compliance for continued
operations.
As we have looked into the operations of the Police Services Group,
we have taken several measures to strengthen the group, including
additional training and equipment, as well as issuance of several
policies and procedures. Additional resources will be made available
this year as part of a plan to continue enhancing the safety and
security of our facilities.
Question 3. Please detail the steps you or your office has taken to
address the complaints by the NIST police officers.
Answer. Upon receipt of the initial concerns from the police
officers, the senior official overseeing the Emergency Services
Division and the Police Services Group (PSG) personally took charge of
oversight of the group. NIST received the cooperation of NOAA to detail
a senior law enforcement official to directly oversee the PSG. He
focused on immediate improvements, including policies, training, and
space and facilities.
At the same time, NIST conducted two assessments of the PSG to
obtain an independent evaluation of the police operations and the
issues raised by some of the Police Officers. Independent third parties
conducted both assessments. The first assessment focused on concerns
raised by some of the Police Officers and the second focused on an
organizational diagnostic of the NIST Police Services Group. The
results of the first assessment are being reviewed. The second,
organizational diagnostic focused on the Police Services Group's
mission, resources, and leadership.
NIST is taking steps to implement several of the recommendations
identified in this report. These include changes within the leadership
of the Police Services Group, including a new higher-graded Police
Chief, additional staffing and equipment resources, and restructuring
of the Police Services groups to better align the access control,
emergency response and other law enforcement functions. We have
established a PSG Advisory Team to assist senior management as we go
forward with the report's recommendations. This team consists of
representatives from the Police Services Group and will be chaired by
the Deputy Director of the NOAA Office of Law Enforcement.
In the meantime, the senior manager responsible for Emergency
Services Division remains personally in contact with the PSG and
supervises the current Police Chief until a new recruitment can be
completed. Finally, NIST and the DOC continue to investigate the EEO
complaints, and issues of misconduct. These are being addressed through
the appropriate channels.
______
Response to Written Question Submitted by Hon. Frank R. Lautenberg to
Dr. Patrick Gallagher
Question. In 2005, NIST issued its report on the collapse of the
World Trade Center towers. The report made 30 recommendations for the
building industry to improve the fire protection and structural
integrity of our buildings. Has the building industry adopted these
recommendations? As the Director of NIST, how will you work with
industry to fully implement these recommendations?
Answer. In 2008, 23 major and far-reaching building and fire code
changes were approved by the International Code Council (ICC) based on
recommendations from NIST.
The changes were incorporated into the 2009 edition of the ICC's I-
Codes (specifically the International Building Code, or IBC, and the
International Fire Code, or IFC), a state-of-the-art model code used as
the basis for building and fire regulations promulgated and enforced by
U.S. state and local jurisdictions. Those jurisdictions have the option
of incorporating some or all of the code's provisions but generally
adopt most provisions.
The new codes address areas such as:
increasing structural resistance to building collapse from
fire and other incidents;
requiring a third exit stairway for tall buildings;
increasing the width of all stairways by 50 percent in new
high-rises;
strengthening criteria for the bonding, proper installation
and inspection of sprayed fire-resistive materials (commonly
known as ``fireproofing'');
improving the reliability of active fire protection systems
(such as automatic sprinklers);
requiring a new class of robust elevators for access by
emergency responders in lieu of an additional stairway;
making exit path markings more prevalent and more visible;
and
ensuring effective coverage throughout a building for
emergency responder radio communications.
There are additional proposed changes to building codes to be
considered by the ICC in the future.
If confirmed, I look forward to working with our partners in
industry and the standards development organizations and building code
organizations to foster adoption of standards to help make the Nation's
buildings safer.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Dr. Patrick Gallagher
Question 1. Dr. Gallagher, you note in your testimony that ``our
[nation's] economic prosperity depends upon our ability to lead the
world in innovation. It is the foundation for creating high quality
jobs for all Americans.''
The Manufacturing Extension Partnership (MEP) program is one area
where NIST can help spur innovation and job growth. Created during a
time of concern about American competitiveness with Japan, the MEP
program has centers in all 50 states that provide training for ``lean
manufacturing'' and business efficiency tools such as Six Sigma. While
still valuable, this type of training is hardly cutting edge for
today's economy. Moreover, the MEP program today seems to exist in a
silo separate from NIST's research labs.
In New Mexico, Los Alamos and Sandia National Laboratories actively
promote technology transfer, and the New Mexico MEP center has been
able to partner with the labs to help small manufacturers across the
state. It appears to me that NIST could do more to seek out such
partnerships with other Federal agencies for MEP centers across the
country.
Moreover, NIST could probably do much more to promote technology
transfer and industrial competitiveness if the research capabilities on
NIST campuses more directly support the work of local MEP centers.
What are your thoughts on how to revitalize the Manufacturing
Extension Partnership program?
Answer. As part of the MEP Next Generation strategic plan, the
program has outlined a framework of four interdependent areas that are
key for manufacturers' growth and global competitiveness. The framework
includes continuous improvement activities necessary for a strong and
stable foundation along with identifying and implementing opportunities
focused in the areas of
supplier development
environmental sustainability
technology acceleration, and
workforce.
NIST/MEP will work strategically with companies coordinating
activities and opportunities across these areas to provide an
environment for firms to create new sales, enter new markets, and adopt
new technologies to build a competitive advantage globally.
NIST/MEP is actively working to support the acceleration of
technology into new manufactured products, processes and services.
NIST/MEP has been working with university and Federal research
facilities--including the NIST Labs--in the development of new programs
and services focused on transforming technologies from the research
into the marketplace.
NIST/MEP has held workshops with researchers in universities and
Federal labs to identify opportunities for manufacturers in terms of
both the adoption of new technologies into existing products and
processes as well as opportunities for the
development of completely new product ideas. The translated
technologies are key
elements in the recently launched National Innovation Marketplace (NIM)
(www.usainnovation.org).
The NIM connects manufacturers to technology and business
opportunities by facilitating connections between original equipment
manufacturers (OEMs) and potential suppliers, encouraging technology
translation and adoption, and estimating business growth potential.
NIST/MEP and its nationwide network of MEP centers and partners
will use NIM as a clearinghouse for building technology-based supplier
networks. While still in the development stage, a fully implemented NIM
combined with the NIST/MEP network of thousands of innovation experts
will support manufacturers' efforts to connect with opportunities and
access a range of product development and commercialization assistance
services to help rapidly move ideas from concept to investment,
manufacturing, commercialization and distribution.
We are pleased to have high-level support for these activities
within the Commerce Department. Secretary Locke, I know, has personally
lent his support to successfully launching NIM.
Question 2. President Obama has called for creating more ``green
energy'' jobs and improving the energy efficiency of Federal buildings
and American homes. The American Recovery and Reinvestment Act provided
resources to the Dept. of Energy to address this issue.
Many small firms in the construction industry, however, lack the
know-how and trained personnel who can apply new manufacturing
techniques to build high performance or ``green'' buildings and homes.
Is this an area where NIST MEP centers could potentially work with
NIST labs, such as the Building and Fire Research Laboratory, and the
Dept. of Energy to promote technology transfer and commercialization of
``green energy'' ideas?
Answer. NIST/MEP is focused on helping companies gain a competitive
edge by: (1) reducing environmental costs and impact, and (2)
developing new environmentally-focused materials, products, and
processes. Over the past few years, NIST/MEP has developed strong
partnerships with Department of Energy (DOE) and Environmental
Protection Agency (EPA) focused on helping manufacturers reduce energy
costs and environmental impact. These partnerships have focused on
hands-on support for manufacturers including energy and environmental
assessments through the Industrial Assessment Centers (IACs) and the
Green Suppliers Network.
Most recently NIST/MEP has expanded partnerships with DOE and EPA
along with the Small Business Administration and the Department of
Labor on the E3 (Economy, Energy, Environment) initiative. This joint
collaboration works directly with local utilities, local government,
and small- and medium-sized manufacturers, leveraging existing
resources to generate and provide direct customized assistance to
strengthen manufacturers. The E3 effort begins with a comprehensive
assessment of a process or facility in lean manufacturing, energy and
environment to identify target opportunities for environmental
improvements and cost reductions. With a focus on continuous
improvement, the team then works with the company to identify
resources, available financing options, training and capacity building
to support the implementation strategy.
Upon completion of two pilot projects this summer in Columbus,
Ohio, and San Antonio, Texas, partner agencies will look to expand the
E3 program in other states that have expressed interest.
NIST/MEP continually seeks opportunities to leverage the work of
the NIST labs in support of the smaller manufacturer. It has worked
with NIST's Building and Fire Research Laboratory (BFRL) to promote
tools to aid manufacturers such as BFRL's Building for Environmental
and Economic Sustainability (BEES) program, which is focused on
measuring the life-cycle performance of building products. As NIST/MEP
and the NIST Labs move forward in supporting the President's efforts in
creating green jobs and promoting energy efficiency, we will explore
other collaborative opportunities.
The National Innovation Marketplace will also serve as a tool to:
(1) move technologies focused on reducing the environmental impact of
manufacturing processes into practice, and (2) identify technologies
that will create of new environmentally sustainable products.
Question 3. My understanding is that NIST already provides testing
and validation for information technology products used by the Federal
Government, particularly for encrypting sensitive data.
Congress is now considering several proposals to encourage private
companies to take more proactive measures to protect consumers from the
potential harm from cyber attacks and data breaches. One measure would
create a ``safe harbor'' for companies that suffer data breaches
contingent upon those companies having safeguards in place to render
the lost data unusable by hackers.
This proposal would require a robust data security standard,
perhaps FIPS-140 or a version of it, as well as a certification process
to ensure compliance. Could NIST leverage existing standards like FIPS-
140 for use by private sector companies?
Answer. NIST recognizes the value to non-Federal organizations that
is provided by many of its cybersecurity publications. The current FIPS
140-2 cryptographic standard is also an ISO international standard
suitable for reference by both public sector and private sector
organizations. We are prepared to support leveraging our Federal
standards and guidelines to meet private sector needs.
FIPS 140-2 itself addresses only the cryptographic element of
cybersecurity. NIST has published a broad range of standards and
guidelines for both cryptographic and non-cryptographic controls but
currently has security validation programs for only the cryptographic
controls.
Question 3a. Does NIST currently have the capability to analyze and
certify technologies and methodologies used in the private sector for
rendering personally identifiable information and other sensitive
materials unusable by potential hackers?
Answer. NIST has the technical expertise to do so. However, outside
the realm of cryptography, NIST does not have authority to analyze and
certify technologies and methodologies used in the private sector for
rendering personally identifiable information and other sensitive
materials unusable by potential hackers.
Question 3b. Would certifying IT products and services provided by
private companies be an appropriate role for NIST?
Answer. Certification of products and services is an effective way
to demonstrate compliance with specific standards, and may be an
effective approach for computer security standards. While this issue is
under active discussion, to date, NIST has not provided this type of
service for IT products or services. One important consideration is the
rapid pace of technology change in this sector. It is difficult to
envision how NIST would itself be able to scale up to provide services
in a timely and comprehensive way. In other areas, NIST works closely
with private sector testing laboratories and certifiers to provide this
type of service. This role may be the most effective way to leverage
NIST's unique expertise to support any certification program.
Question 3c. If not, where should such certification take place?
Answer. NIST will continue to catalyze and coordinate the
development of private sector testing, inspection and certification
programs to address the needs and scale of business based on
appropriate demand.
Question 4. The United States follows a sector-based approach to
voluntary standardization activities as outlined in the United States
Standards Strategy. NIST experts actively participate in
standardization activities. Their participation is critical to the
success of America's public-private partnership approach to
standardization.
Under your leadership, how will NIST continue its involvement in
the U.S. voluntary standards system to best serve the needs of
government, the private sector, and general public?
Answer. NIST will continue to provide strong technical input into
standards that support global trade, innovation and competitiveness. We
will also continue to work to ensure good U.S. Input for standards used
worldwide. NIST will work to catalyze and coordinate the development of
private sector testing, inspection and certification programs to
address the needs and scale of business based on appropriate demand.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Dr. Patrick Gallagher
Question 1. This Committee has long enjoyed a close and productive
working relationship with the agencies within its jurisdiction. We rely
on the legal and technical expertise of agency staff when developing or
reviewing proposed legislation. Can all members of the Committee, and
the staff on their behalf, count on this cooperative relationship
continuing?
Answer. Absolutely, Senator Hutchison. If confirmed, I look forward
to working collaboratively and cooperatively with you, members of the
Committee, and their staffs.
Question 2. NIST recently released a draft report on the Dallas
Cowboys practice facility collapse. As you know, this structure failed
after a violent storm common to Texas and other areas of the Gulf
Coast. Could you briefly summarize what knowledge was gained through
this investigation and also tell the committee how that knowledge will
translate into safer buildings and safer building standards for the
general public?
Answer. Our study found that the facility collapsed under wind
conditions that a building of this type would be expected to withstand.
The NIST researchers who carried out this study recommended that
fabric-covered structures like this be re-evaluated to ensure that the
structural framing system will hold up during such storms.
They noted that a building of this type should be expected to
withstand winds of 90 miles an hour, while they found that the winds in
the vicinity of the Cowboys facility on the day it collapsed were in
the range of 55 to 65 miles per hour--well below the 90 mph design wind
speed specified in the ASCE 7 Standard.
To protect the public in the future, the study team highlighted
specific design assumptions that should be carefully addressed.
NIST's role is to study the incident and provide good science to
policymakers and others who can use that information to make their
decisions.
Also, both the ICC and American Society of Civil Engineers/
Structural Engineering Institute have expressed interest in having
technical briefings on the findings of the study.
Question 3. What is NIST's long-range plan for oversight and
reporting to the public of the use of $610 million the agency received
through the American Recovery and Reinvestment Act? What internal
controls are currently in place and what additional measures have been
taken to ensure that stimulus money is being used for activities that
will help grow the economy rather than programs and activities that do
not directly influence the economic recovery?
Answer. NIST has established an ARRA Project Management Program, a
Program Management Office, an ARRA Performance and Risk Management
Committee, and an ARRA Executive Steering Committee to provide
structure and oversight to the planning, execution, and reporting of
ARRA funding for as long as NIST is dealing with ARRA funds. For each
ARRA project an Action Plan has been developed including specific
Milestones, Tasks, Issues, and Risks. Each project has an assigned
owner. Project plans are updated monthly and reviewed for performance,
issues, and risks. Weekly spending reports are provided to senior
leadership and tracked as compared to plans.
For ARRA funding provided for non-NIST, external entities (e.g.,
grants), NIST has developed criteria that will be used to ensure
activities will help grow the economy while promoting long-term
measurement science. For internally funded projects NIST has directed
funding to activities that will help drive both objectives of economic
recovery and enhanced scientific measurement through the specific
selection of scientific equipment and construction projects. The
programs structure and activities cited in the first half of this
question will ensure that the actual expenditure of funds is consistent
with the plans for which the funding was provided. We also have the
added benefit of oversight at the Commerce Department level, via ARRA
auditing programs established by the department's Inspector General.
______
Response to Written Question Submitted by Hon. Olympia J. Snowe to
Dr. Patrick Gallagher
Question. The Manufacturing Extension Partnership (MEP) is an
impressive program at the National Institute of Standards and
Technology (NIST) that assists small- and medium-sized manufacturers
with technical assistance projects, training, and long-term strategic
support.
In my home state of Maine, over the past twelve months, the MEP has
directly created or retained over 500 jobs, while increasing or
retaining $73.4 million in sales.
Unfortunately the previous Administration attempted to kill the MEP
program, by recommending a paltry $4 million for the MEP in its FY2008
budget request. That, of course, was unacceptable. Senator Lieberman
and I, in our capacities as Co-Chairs of the Senate Task Force on
Manufacturing, have for years led the Senate efforts to secure proper
MEP funding and are pleased that President Obama requested, and the
Senate and House Appropriators provided, $124.7 million for the program
for Fiscal Year 2010.
While $124.7 million for the MEP for Fiscal Year 2010 is a welcome
step in the right direction, more remains to be done. In fact,
repeatedly during his campaign, the President advocated for ultimately
doubling MEP funding. Will you continue to advocate for increasing the
MEP's budget in future Fiscal Years?
Additionally, how will you raise the visibility of the MEP to
ensure that this crucial program thrives, so that small-and medium-
sized manufacturers can help fuel our economic recovery?
Answer. I fully support the President's vision for the MEP program,
which includes a doubling of funding for this program. MEP plays a
critical role in driving innovation and creating an environment in
which small and medium sized businesses can grow and thrive in a global
economy. MEP's partnerships at the Federal, State and local level are
crucial for the success of the program, and we value our partners. The
MEP Center network is a powerful force to drive the innovation economy,
and if confirmed, I am committed to working to strengthen the MEP
network to provide the tools, services, and partnerships to foster the
global competitiveness and profitability of U.S. manufacturers.
______
Response to Written Questions Submitted by Hon. David Vitter to
Dr. Patrick Gallagher
Question 1. What role do you foresee for NIST in revitalizing
American manufacturing and productivity?
Answer. Revitalizing American manufacturing depends upon fostering
an environment in which firms can innovate to adapt to economic and
technological changes. NIST, through the MEP program, is committed to
providing the tools and services needed by U.S. manufacturers to allow
them to weather the current economic uncertainties and be positioned to
take advantage of future opportunities. Specifically, the NIST/MEP
network works with companies to build a strong foundation through
continuous improvement to foster productivity and efficiencies while
developing and identifying opportunities to diversify into new markets,
create new sales, and adopt technologies to build global competitive
advantages. NIST/MEP will continue to develop and expand the tools,
services, and partnerships necessary to foster a revitalized U.S.
manufacturing industry.
Question 2. The process of transitioning from the laboratory to the
factory is often difficult and time-consuming. How can NIST better
leverage the Manufacturing Extension Partnership to transition leading
edge innovations rather than focusing on incremental improvements?
Answer. As part of the MEP Next Generation strategic plan, the
program has outlined a framework of four interdependent areas that are
key for manufacturers' growth and global competitiveness. The framework
includes continuous improvement activities necessary for a strong and
stable foundation along with identifying and implementing opportunities
focused in the areas of:
supplier development,
environmental sustainability,
technology acceleration, and
workforce.
NIST/MEP will work strategically with companies coordinating
activities and opportunities across these areas to provide an
environment for firms to create new sales, enter new markets, and adopt
new technologies to build a competitive advantage globally.
NIST/MEP is actively working to support the acceleration of
technology into new manufactured products, processes and services.
NIST/MEP has been working with university and Federal research
facilities--including the NIST Labs--in the development of new programs
and services focused on transforming technologies from the research
into the marketplace.
NIST/MEP has held workshops with researchers in universities and
Federal labs to identify opportunities for manufacturers in terms of
both the adoption of new technologies into existing products and
processes as well as opportunities for the
development of completely new product ideas. The translated
technologies are key
elements in the recently launched National Innovation Marketplace (NIM)
(www.usainnovation.org).
The NIM connects manufacturers to technology and business
opportunities by facilitating connections between original equipment
manufacturers (OEMs) and potential suppliers, encouraging technology
translation and adoption, and estimating business growth potential.
NIST/MEP and its nationwide network of MEP centers and partners
will use NIM as a clearinghouse for building technology-based supplier
networks. While still in the development stage, a fully implemented NIM
combined with the NIST/MEP network of thousands of innovation experts
will support manufacturers efforts to connect with opportunities and
access a range of product development and commercialization assistance
services to help rapidly move ideas from concept to investment,
manufacturing, commercialization and distribution.
We are pleased to have high-level support for these activities
within the Commerce Department. Secretary Locke, I know, has personally
lent his support to successfully launching NIM.