    [Senate Hearing 117-992]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 117-992

    NOMINATIONS OF: MR. JOHN SHERMAN TO BE CHIEF INFORMATION OFFICER OF THE
    DEPARTMENT OF DEFENSE; MR. ASHISH VAZIRANI TO BE DEPUTY UNDER SECRETARY
      OF DEFENSE AND PERSONNEL AND READINESS; AND MS. CARRIE RICCI TO BE
                 GENERAL COUNSEL OF THE DEPARTMENT OF THE ARMY

    =======================================================================

                                    HEARING

                                   before the

                          COMMITTEE ON ARMED SERVICES
                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                  __________

                               OCTOBER 28, 2021

                                  __________

             Printed for the use of the Committee on Armed Services

                     [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                     Available via: http://www.govinfo.gov

                                   ______

                     U.S. GOVERNMENT PUBLISHING OFFICE

    63-359 PDF                WASHINGTON : 2026

                          COMMITTEE ON ARMED SERVICES

                      JACK REED, Rhode Island, Chairman

    JEANNE SHAHEEN, New Hampshire	       JAMES M. INHOFE, Oklahoma
    KIRSTEN E. GILLIBRAND, New York	       ROGER F. WICKER, Mississippi
    RICHARD BLUMENTHAL, Connecticut	       DEB FISCHER, Nebraska
    MAZIE K. HIRONO, Hawaii		       TOM COTTON, Arkansas
    TIM KAINE, Virginia		       MIKE ROUNDS, South Dakota
    ANGUS S. KING, Jr., Maine	       JONI ERNST, Iowa
    ELIZABETH WARREN, Massachusetts	       THOM TILLIS, North Carolina
    GARY C. PETERS, Michigan	       DAN SULLIVAN, Alaska
    JOE MANCHIN III, West Virginia	       KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois	       RICK SCOTT, Florida
    JACKY ROSEN, Nevada		       MARSHA BLACKBURN, Tennessee
    MARK KELLY, Arizona                    JOSH HAWLEY, Missouri
                                           TOMMY TUBERVILLE, Alabama

                     Elizabeth L. King, Staff Director
                  John D. Wason, Minority Staff Director

                                      (ii)

                                C O N T E N T S

                                  __________

                                october 28, 2021

                                                                       Page
    Nominations of: Mr. John Sherman to be Chief Information Officer      1
      of the Department of Defense; Mr. Ashish Vazirani to be Deputy
      Under Secretary of Defense and Personnel and Readiness; and Ms.
      Carrie Ricci to be General Counsel of the Department of the
      Army.

                               Members Statements

    Reed, Senator Jack...............................................     1

    Inhofe, Senator James M..........................................     3

                               Witness Statements

    Sherman, John, Nominee to be Chief Information Officer of the         3
      Department of Defense.
      Advance Policy Questions.......................................    32
      Questions for the Record.......................................    60
      Nomination Reference and Report................................    72
      Biographical Sketch............................................    73
      Committee on Armed Services Questionnaire......................    75
      Signature Page.................................................    79

    Vazirani, Ashish, Nominee to be Deputy Under Secretary of Defense     6
      for Personnel and Readiness.
      Advance Policy Questions.......................................    79
      Questions for the Record.......................................   103
      Nomination Reference and Report................................   106
      Biographical Sketch............................................   107
      Committee on Armed Services Questionnaire......................   110
      Signature Page.................................................   117

    Ricci, Carrie, Nominee to be General Counsel of the Department of     8
      the Army.
      Advance Policy Questions.......................................   117
      Questions for the Record.......................................   147
      Nomination Reference and Report................................   151
      Biographical Sketch............................................   152
      Committee on Armed Services Questionnaire......................   154
      Signature Page.................................................   160

                                     (iii)

                  This hearing is printed to include all available
                    information
                    requested or required to be inserted for the
                    record.

                                      (iv)

    NOMINATIONS OF: MR. JOHN SHERMAN TO BE CHIEF INFORMATION OFFICER OF THE
    DEPARTMENT OF DEFENSE; MR. ASHISH VAZIRANI TO BE DEPUTY UNDER SECRETARY
      OF DEFENSE AND PERSONNEL AND READINESS; AND MS. CARRIE RICCI TO BE
                 GENERAL COUNSEL OF THE DEPARTMENT OF THE ARMY

                                  ----------

                           THURSDAY, OCTOBER 28, 2021

                                  United States Senate,
                                   Committee on Armed Services,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 9:30 a.m. in room
    SD-G50, Dirksen Senate Office Building, Senator Jack Reed
    (Chairman of the Committee) presiding.
        Committee Members present: Senators Reed, Shaheen,
    Gillibrand, Blumenthal, Kaine, King, Warren, Peters, Manchin,
    Duckworth, Rosen, Kelly, Inhofe, Ernst, Tillis, Scott, Hawley,
    and Tuberville.

                 OPENING STATEMENT OF SENATOR JACK REED

        Chairman Reed. Good morning, and let me call the hearing to
    order. The Committee meets today to consider the nominations of
    Mr. John Sherman to be Chief Information Officer of the
    Department of Defense, Mr. Ashish Vazirani to be Deputy Under
    Secretary of Defense for Personnel and Readiness, and Ms.
    Carrie Ricci to be General Counsel of the Department of the
    Army.
        I thank the nominees for their long careers of service to
    the United States and their willingness to assume these
    important responsibilities.
        I would also like to welcome the family members who are
    with us today. Mr. Sherman, I welcome your wife, Liz; daughter,
    Savannah; and son, Brad.
        Mr. Vazirani, I welcome your wife, Deborah.
        Ms. Ricci, I welcome your brother, doctor John and daughter
    Maria. I had to get the ``doctor'' in there.
        Mr. Sherman, you are nominated to be the Chief Information
    Officer of the Department of Defense. The CIO is the principal
    advisor to the Secretary of Defense for a broad range of
    information and technology issues, including national security
    systems and information resource management.
        I would note your long record of distinguished public
    service, including your tenure as the CIO for the intelligence
    community.
        The Defense Department is struggling with all aspects of
    IT, which is critical to defense systems and the operations of
    the Department as an effective enterprise. We have seen
    continuous cybersecurity failures in the face of ever-
    increasing threats, as well as failures in acquisition programs
    ranging from the JEDI cloud computing effort to software
    failures on the F-35 to the recent termination of the Navy's
    contract-writing system programs.
        At the same time, the Defense Department is struggling to
    hire IT professionals to work in software development,
    cybersecurity, IT operations, and IT acquisition. Furthermore,
    the IT industrial base, especially the important hardware that
    runs these systems like microelectronics and printed circuit
    boards are increasingly moving offshore and will not remain
    trusted parts in Defense supply chain.
        I look forward to hearing how you will address these
    challenges if you are confirmed.
        Mr. Vazirani, you are nominated to be Deputy Under
    Secretary of Defense for Personnel and Readiness. If confirmed,
    you will assist the Under Secretary in addressing many
    challenges for the Department, including first and foremost,
    ensuring that our military has adequate numbers of ready and
    trained servicemembers of sufficiently high character and
    talent to meet our defense objectives. You will be responsible
    for assisting the Under Secretary in military and civilian
    personnel policy; military, family, and childcare programs; the
    Defense Department-run school system; and working with the
    military servicemembers to ensure the health and welfare of the
    force.
        As the former CEO of the National Military Family
    Association, and as a Navy veteran, I would ask that you share
    what military family issues you believe need to be addressed
    most and what recommendations you have to improve readiness. In
    addition, the challenge of sexual harassment and sexual assault
    in the military has eroded trust and faith in leaders' ability
    to effectively address this issue. I would ask that you share
    your plans for addressing this problem.
        Ms. Ricci, you are nominated to be General Counsel of the
    Department of the Army. This position has a broad scope of
    responsibilities, including serving as legal advisor to the
    Secretary of the Army, Chief Legal Officer of the Department of
    the Army, and coordinating legal and policy positions Army-
    wide. Your extensive legal career in the Army, including prior
    service in the Army General Counsel's Office while on active-
    duty should serve your well.
        There are a number of important duties that will require
    your attention within the Department. It will be your
    responsibility to assist the Secretary of the Army in
    addressing extremism in the military and implementing the
    Independent Review Commission's recommendations regarding
    prevention and response to sexual assault.
        As a member of the Fort Hood Independent Review Committee
    yourself, I would ask that you share how you plan to use the
    information you have gained to assist the Army in addressing
    sexual assault.
        Thank you, again, to our nominees. I look forward to your
    testimonies.
        Now, let me recognize the ranking member, Senator Inhofe.
        Senator?

                   STATEMENT OF SENATOR JAMES INHOFE

        Senator Inhofe. Thank you, Mr. Chairman.
        Thanks to our witnesses for being here. I enjoyed the
    opportunity to personally meet them. We are very fortunate to
    have this group here with us this morning.
        As this Committee has heard again and again from the
    military and the civilian officials, every threat we face
    continues to worsen our situation since the last National
    Defense Strategy came out in 2018. That is the book that we
    continue to keep here and try to use this as our pattern, as we
    have in the past.
        I certainly hope that the next National Defense Strategy,
    with knowledge of the success of this in the past, can give us
    the right direction for the future. If we want to have any hope
    of keeping pace, we have got to achieve real growth in Defense
    spending. I am very worried that inflation next year will not
    only cut our troops' pay but will also significantly delay the
    pace of our modernization efforts.
        We have seen the shocking pace of Chinese military
    modernization from missiles to ships, and now nuclear expansion
    and hypersonic strike weapons. You know, we have been hearing
    about this for a long time; now, we have seen it. It is
    happening. It is a reality.
        Some of the most difficult challenges are the less obvious
    ones, but just as important; in particular, the National
    Security Commission on Artificial Intelligence told us, quote,
    China, and this is a quote, China possesses the might, talent,
    and ambition to surpass the United States as the world's leader
    in AI in the next decade if current trends do not change.
        That is a shocker. That is something that we are not used
    to in this country; a recognition that we are not number one in
    everything. You know, when we talk to people, when we go back
    to our districts and talk to people on the ground, the real
    people that are paying for all of this fun that we are having
    up here, they are the ones that realize that, are starting to
    realize the problems that we are having now, they are really
    unprecedented.
        So, I am very much concerned about it. I am concerned about
    what is going to happen with our troops and the things that
    they are looking at now in terms of their futures, and we need
    strong, capable civilian leadership in the Department.
        So, I thank you all again for your willingness to serve.
        Thank you, Chairman Reed.
        Chairman Reed. Thank you very much, Senator Inhofe.
        Now, let me recognize Mr. Sherman for his statement.
        Go ahead, sir.

      STATEMENT OF JOHN SHERMAN, NOMINEE TO BE CHIEF INFORMATION
                  OFFICER OF THE DEPARTMENT OF DEFENSE

        Mr. Sherman. Good morning Chairman Reed, Ranking Member
    Inhofe, and Committee Members.
        I am honored to be President Biden's nominee to be the
    Department of Defense Chief Information Officer and am grateful
    for the chance to speak with you today.
        First and foremost, I would like to thank Liz, my wife of
    29 years, who also serves in national security. Her support and
    love have been my rock. We are both so proud of our grown
    children, Brad and Savannah, and their spouses, Oksana and
    Kurt. I also want to recognize my parents, who are no longer
    with us, but are no doubt here in spirit. Along with a bit of
    their Texas accents, their lessons about hard work, respect,
    and citizenship have stuck with me.
        That word, citizenship, has really meant service to me and
    my family. Following my time as an Army officer, I served in
    the intelligence community and DOD for nearly 25 years,
    starting as an imagery analyst and later taking on a number of
    roles; ranging from Duty Officer in White House Situation Room
    on 9/11, to leading our impressive officers and senior
    executives in several agencies.
        I have also had the opportunity to employ and manage new
    technologies on missions ranging from overhead reconnaissance
    to open-source intelligence. I saw firsthand how we gain
    advantage through capabilities like cloud computing and large-
    scale data analytics, and my experience in these areas led to
    my selection as the CIO of the entire IC.
        Working with talented colleagues from across the community,
    we built upon the flagship modernization effort known as the IC
    Information Technology Enterprise. We made tough
    recommendations to cancel things that weren't working,
    reinforced successes in areas like cloud, and sharpened our
    focus on cybersecurity and interoperability. Put simply, we
    ensured the IC's technology transformation would remain an
    exemplar.
        I was then humbled when asked to serve at DOD, first as the
    Principal Deputy CIO, and for 8 months as the Acting CIO. As we
    drove to achieve to Secretary Austin's priority to stay ahead
    of our China pacing threat, our team pivoted to an enterprise
    multi-cloud approach, which is foundational for key priorities
    such as Joint All Domain Command and Control (JADC2) and the
    Artificial Intelligence and Data Accelerator Initiative, or
    (ADA). Additionally, we oversaw the successful rollout of an
    enduring collaboration and productivity capability to millions
    of DOD users and began moving the Department towards stronger
    cybersecurity with an approach called Zero Trust. The team also
    made substantial progress on other critical portfolios, to
    include electromagnetic spectrum, positioning, navigation, and
    timing, IT reform, special access program IT, data
    transformation, software development, and support to artificial
    intelligence. The progress on these fronts has been substantial
    as well.
        Throughout my career, enabling mission has always been my
    foremost priority. At DOD, I believe the CI's success is
    ultimately measured on how our warfighters, especially in the
    Indo-Pacific, are able operate in a remote and disconnected
    environment, and whether a pilot can still strike targets when
    an adversary is trying to jam her GPS signal.
        These examples and many others are based on the
    Department's ability to transform at scale, with the very best
    technologies and cybersecurity, through constant and agile
    change, and with the whole team. If confirmed, I would be
    honored to shepherd and lead this effort.
        I get out of bed every morning knowing our adversaries are
    not standing still in the technology realm, and we must not
    either.
        Thank you for your time and consideration, and I look
    forward to your questions.
        [The prepared statement of Mr. Sherman follows:]

                       Prepared Statement by John Sherman
        Good morning Chairman Reed, Ranking Member Inhofe, and Committee
    Members. I am honored to be President Biden's nominee to be the
    Department of Defense Chief Information Officer (DOD CIO) and am
    grateful for the chance to speak with you today.
        First and foremost, I would like to thank Liz, my wife of 29 years,
    who also serves in national security. Her support and love have been my
    rock. We are both so proud of our grown children, Brad and Savannah,
    and their spouses, Oksana and Kurt. I also want to recognize my
    parents, who are no longer with us, but are no doubt here in spirit.
    Along with a bit of their Texas accents, their lessons about hard work,
    respect, and citizenship have stuck with me.
        That word, citizenship, has really meant service to me and my
    family. Following my time as an Army officer, I've served in the
    Intelligence Community (IC) and DOD for nearly 25 years, starting as an
    imagery analyst and later taking on a number of roles, ranging from
    duty officer in White House Situation Room on 9/11 to leading our
    impressive officers as a senior executive in several agencies.
        I've also had the opportunity to employ and manage new technologies
    on missions ranging from overhead reconnaissance to open source
    intelligence. I saw firsthand how we gain advantage through
    capabilities like cloud computing and large-scale data analytics, and
    my experience in these areas led to my selection as the CIO of the
    entire IC. Working with talented colleagues from across the community,
    we built upon the flagship modernization effort known as the IC
    Information Technology Enterprise. We made tough recommendations to
    cancel things that weren't working, reinforced successes in areas like
    cloud, and sharpened our focus on cybersecurity and interoperability.
    Put simply, we ensured the IC's technology transformation would remain
    an exemplar.
        I was then humbled when asked to serve at DOD, first as the
    Principal Deputy CIO, and for eight months as the Acting CIO. As we
    drove to achieve to Secretary Austin's priority to stay ahead of our
    China pacing threat, our team pivoted to an enterprise multi-cloud
    approach, which is foundational for key priorities such as Joint All
    Domain Command and Control (JADC2) and the Artificial Intelligence and
    Data Accelerator (ADA) Initiative. Additionally, we oversaw the
    successful rollout of an enduring collaboration and productivity
    capability to millions of DOD users and began moving the Department
    towards stronger cybersecurity with an approach called Zero Trust. The
    team also made substantial progress on other critical portfolios, to
    include electromagnetic spectrum, positioning, navigation, and timing,
    IT reform, special access program IT, data transformation, software
    development, and support to AI. The progress on these fronts has been
    substantial as well.
        Throughout my career, enabling mission has always been my foremost
    priority. At DOD, I believe the CIO's success is ultimately measured on
    how our warfighters, especially those in the Indo-Pacific, are able
    operate in a remote and disconnected environment, and whether a pilot
    can still strike targets when an adversary is trying to jam her GPS
    signal. These examples and many others are based on the Department's
    ability to transform at scale, with the very best technologies and
    cybersecurity, through constant and agile change, and with the whole
    team. If confirmed, I would be honored to shepherd and lead this
    effort. I get out of bed every morning knowing our adversaries are not
    standing still in the technology realm, and we must not either.
        Thank you for your time and consideration, and I look forward to
    your questions.

        Chairman Reed. Thank you very much, sir.
        Let me now recognize Mr. Vazirani, and I apologize for the
    multiple pronunciations of your name, sir.
        Mr. Vazirani. Well, thank you Chairman Reed.

       STATEMENT OF ASHISH VAZIRANI, NOMINEE TO BE DEPUTY UNDER
            SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS

        Mr. Vazirani. Good morning, Chairman Reed, Ranking Member
    Inhofe, and distinguished Committee Members. Thank you for the
    opportunity to speak with you today.
        I am humbled and honored to be with you today as President
    Biden's nominee for Deputy Under Secretary of Defense for
    Personnel and Readiness and appreciate the confidence President
    Biden, Secretary Austin, and Under Secretary Cisneros have in
    me.
        My father and his family fled Pakistan for India during
    partition. They knew danger and turmoil; they left their home
    with nothing but hope seeking opportunity. My father's journey
    brought him to the United States to complete his post-doctoral
    studies. It is here, in America, where he met my mother, the
    daughter of an Indian Foreign Service Officer stationed in
    Washington. After marrying, my parents returned to India, where
    they started their family.
        Having had a taste of the opportunity America offered, in
    1967 they moved our young family to the United States, to
    pursue their American dream. My parents understood achieving
    that dream would require hard work, service, and sacrifice.
    After my father passed, my single mother of five children, put
    herself through law school and eventually married a Marine who
    lost his sight fighting in Vietnam. My stepdad's blindness
    didn't stop him; he continued serving as an advocate for
    veterans, founding the Blinded American Veterans Foundation and
    retired from the federal workforce after serving at the
    Corporation for National and Community service, where he helped
    establish the Vietnam Veterans Leadership Program.
        Also a patriot and dedicated to service to our country, my
    mother served as professional staff member in the
        Maryland Legislature and United States Congress, serving as
    counsel for several House committees including Government
    Reform and Civil Service, all while caring for her children and
    a blinded Marine.
        I am humbled to have grown up in a home where service to
    Nation and community was the family business. Growing up, I
    learned that the American dream is about more than what you
    achieve and build for yourself, but what you do for others.
    These are values my wife Deborah and I have tried to instill in
    our two amazing children, one of whom is currently serving as a
    Marine, stationed in Twentynine Palms.
        My parents' example of service above self, to improve where
    needed, and innovate when required, inspired my decision to
    serve in the United States Navy and later, a career working
    with organizations, both public and private, to drive
    transformative change and care for our military families. I am
    honored to have the opportunity to continue that service as
    Deputy Under Secretary of Defense for Personnel and Readiness.
        I believe the reason our military is the greatest the world
    has seen is the people, military and civilian, who are our
    defense community. They dedicate their lives and those of their
    families, to a cause greater than themselves. They serve at the
    front lines, the garrisons, and in the Pentagon, making sure
    that we are ready to deter and, if necessary, fight and win
    wars. We must provide for the training, education, health,
    safety, and well-being of those who serve, in or out of
    uniform, to maintain readiness and because it is the right
    thing to do. That care extends to military families,
    transitioning servicemembers, retirees, caregivers, and
    survivors who have made countless sacrifices for our Nation.
        If confirmed, I would strive to sustain a defense community
    that continues to safeguard the freedom and opportunity that my
    family has been fortunate to enjoy and privileged to protect.
    The contemporary challenges to readiness are significant:
    sexual assault, harassment, suicide, spouse unemployment,
    COVID, and financial and food insecurity. We face challenges in
    recruitment and retention, shaping a defense community that
    reflects America and is comprised of diverse, effective teams,
    prepared for tomorrow's fight. I believe America's people offer
    us our greatest distinct advantage over our adversaries, and
    that we must maintain the high levels of personnel readiness to
    maintain that edge.
        To meet these challenges and support the people who put
    country first requires innovation: a willingness to ask and
    answer tough questions, rapidly test and learn, and scale
    solutions. That is the role of the Deputy Under Secretary for
    Personnel and Readiness.
        If confirmed, I will work closely with the Under Secretary
    for Personnel and Readiness, Deputy Secretary, Service
    Secretaries, and Secretary to care for the total force and our
    military families, to meet readiness requirements, and achieve
    the nation's national security objectives.
        I commit, if confirmed, that I will bring my best each day
    to serve those who serve us. I also commit to collaborating
    with this Committee in a transparent, agile, and responsive
    manner, to ensure that the Department is meeting our sacred
    obligation to support warfighters and their families.
        Senators, thank you for the opportunity to be with you here
    today. I look forward to your questions.
        [The prepared statement of Mr. Vazirani follows:]

                   Prepared Statement by Mr. Ashish Vazirani
        Good morning, Chairman Reed, Ranking Member Inhofe, and
    distinguished Committee Members. Thank you for the opportunity to speak
    with you today.
        I'm humbled and honored to be with you today as President Biden's
    nominee for Deputy Undersecretary of Defense for Personnel and
    Readiness and appreciate the confidence he, Secretary Austin, and
    Undersecretary Cisneros have in me.
        My father and his family fled Pakistan for India during partition.
    They knew danger and turmoil; they left their home with nothing but
    hope seeking opportunity. My father's journey brought him to the United
    States to complete his post-doctoral studies. It is here, in America,
    where he met my mother, the daughter of an Indian Foreign Service
    Officer stationed in Washington. After marrying, my parents returned to
    India, where they started their family. Having had a taste of the
    opportunity America offered, in 1967 they moved our young family to the
    United States, to pursue their American dream. My parents understood
    achieving that dream would require hard work, service, and sacrifice.
    After my father passed, my single mother of five children, put herself
    through law school and eventually married a Marine who lost his sight
    fighting in Vietnam. My stepdad's blindness didn't stop him and he
    continued serving as an advocate for veterans, founding the Blind
    American Veterans Foundation and retired from the Federal workforce
    after serving at the Corporation for National and Community service,
    where he helped establish the Vietnam Veterans Leadership Program. Also
    a patriot and dedicated to service to our country, my mother served as
    professional staff member in in the Maryland legislature and United
    States Congress, serving as counsel for several House committees
    including Government Reform and Civil Service, all while caring for her
    children and a blinded Marine.
        I'm humbled to have grown up in a home where service to Nation, and
    community, was the family business. Growing up I learned that the
    American dream is about more than what you achieve and build for
    yourself, but what you do for others. These are values my wife and I
    have tried to instill in our two children, one of whom is currently
    serving as a Marine, stationed in Twentynine Palms. My parents' example
    of service above self, to improve where needed and innovate when
    required, inspired my decision to serve in the US Navy and later, a
    career working with organizations - both public and private - to drive
    transformative change and care for our military families.
        I am honored to have the opportunity to continue that service as
    Deputy Undersecretary of Defense for Personnel and Readiness.
        I believe the reason our military is the greatest the world has
    seen is the people - military and civilian - who are our defense
    community. They dedicate their lives and those of their families to a
    cause greater than themselves. They serve at the frontlines, the
    garrisons, and in the Pentagon, making sure that we are ready to deter
    and, if necessary, fight and win wars. We must provide for the
    training, education, health, safety, and well-being of those who serve
    - in or out of uniform -to maintain readiness and because it is the
    right thing to do. That care extends to military families,
    transitioning servicemembers, retirees, caregivers, and survivors who
    have made countless sacrifices for our Nation.
        If confirmed, I would strive to sustain a defense community that
    continues to safeguard the freedom and opportunity that my family has
    been fortunate to enjoy and privileged to protect. The contemporary
    challenges to readiness are significant - sexual assault, harassment,
    suicide, spouse unemployment, COVID, and financial and food insecurity.
    We face challenges in recruitment and retention - shaping a defense
    community that reflects America and is comprised of diverse, effective
    teams, prepared for tomorrow's fight. I believe America's people offer
    us our greatest distinct advantage over our adversaries, and that we
    must maintain the highest levels of personnel readiness to maintain
    that edge.
        To meet these challenges and support the people who put country
    first requires innovation: a willingness to ask and answer tough
    questions, rapidly test and learn, and scale solutions. That's the role
    of the Deputy Undersecretary for Personnel and Readiness. If confirmed,
    I will work closely with the Undersecretary for Personnel & Readiness,
    Deputy Secretary, Service Secretaries and Secretary to care for the
    Total Force and our military families, to meet readiness requirements
    and achieve the nation's national security objectives.
        I commit, if confirmed, that I will bring my best each day to serve
    those who serve us. I also commit to collaborating with this Committee,
    in a transparent, agile, and responsive manner, to ensure that the
    Department is meeting our sacred obligation to support warfighters and
    their families.
        Senators, thank you for the opportunity to be here today, I look
    forward to your questions.

        Chairman Reed. Thank you very much.
        Ms. Ricci, please?

    STATEMENT OF CARRIE RICCI, NOMINEE TO BE GENERAL COUNSEL OF THE
                         DEPARTMENT OF THE ARMY

        Ms. Ricci. Thank you, Chairman Reed, Ranking Member Inhofe,
    and distinguished Members of the Committee. It is an absolute
    honor to come before you today as President Biden's nominee for
    General Counsel of our great Army.
        I am joined here today by my brother, Dr. John Ricci of New
    Jersey, and my daughter Maria Smith, a 10th grader with
    straight As, who happens to be missing her Government class
    today, and in her precocious way, was delighted to note that
    she would be seeing Government in action, so it would be okay.
        My son, who is 21 years old, and a college student, could
    not be here. He was called on to work a shift at our local
    grocery store, much as he did during the height of the
    pandemic, where he worked 12 to 14 days straight and answered
    the call of duty.
        This call of duty, this type of demonstration, it is
    endemic in our family, and I must thank my parents for that,
    Hector and Maria Ricci, who proudly hail from Puerto Rico and
    are watching today. It is they who instilled in me a great
    sense of duty and selflessness. They also instilled in me
    personal discipline, goodwill, and a belief in people, for
    which I am grateful.
        I am also grateful to President Biden, Secretary Austin,
    and Secretary Wormuth for the confidence they have shown in me
    by nominating me for this position. If confirmed, I would be
    incredibly excited to return home to the Army and resume my
    service to its soldiers and civilians.
        I served as an Army officer for just short of 22 years,
    first as a personnel officer, and then as a Judge Advocate,
    retiring at the rank of Lieutenant Colonel. Every day, I had
    the immense privilege of watching soldiers put their team,
    mission, and country first, taking great risks and making
    personal sacrifices to achieve our shared goals.
        I remain grateful to my family and those of all our
    servicemembers and civilians who make such service possible.
        Should I be confirmed, my experiences in the Army have
    prepared me well to assume the duties of General Counsel and do
    right by our do right by our soldiers, civilians, and family
    members. As a Judge Advocate, I worked on a broad spectrum of
    legal issues including military justice, equal opportunity,
    fiscal law, and operational and administrative law. I deployed
    to the Middle East twice, first for Operation Desert Storm in
    1992 and then in support of Operations Iraqi Freedom and
    Enduring Freedom in 2004. I have served in operational and
    intelligence units and on service and combatant command staffs.
    I have also served in the Office of the Judge Advocate General
    and the Office of the General Counsel.
        I understand the importance of the collaborative
    relationship that must exist between these two offices. I have
    been fortunate to work with many of the lawyers who are still
    serving in these offices, including the current Judge Advocate
    General of the Army, an extraordinary leader with whom I served
    at Fort Hood.
        Since retiring from the Army, I have worked as a federal
    civilian lawyer, currently leading a dynamic team of attorneys
    in the Office of the General Counsel at the Department of
    Agriculture, many of whom insisted on watching today, and I
    thank them for their support.
        Last year, I was privileged to serve the Army as a civilian
    member of the Fort Hood Independent Review Committee, where our
    five-member team completed a comprehensive review of the Fort
    Hood command, climate and culture that has been the impetus for
    great change at Fort Hood and across the Army and even DOD.
        If confirmed, I commit to serve our soldiers and civilians
    selflessly in ensuring the Office of the General Counsel
    provides the highest quality legal services to Secretary
    Wormuth and the Department, and to further the cooperative
    relationship enjoyed by the Department and this Committee.
        This is a momentous time; a time of great change for the
    Army where they are embarking on a complete cultural
    transformation for the benefit of its soldiers. At Fort Hood, I
    witnessed the damage inflicted on soldiers and their units by
    the prevalence of sexual assault and sexual harassment.
        If confirmed, I will ensure that current initiatives
    respect the rule of law and due process and assist Army leaders
    in bringing about real change for the brave men and women that
    serve our country. The current momentum must not fade: success
    is a must.
        I am also committed to helping the Department tackle a
    range of challenges such as quality housing, on and near Army
    installations, beating the COVID pandemic, and ensuring we have
    the appropriate acquisition authorities to get our warfighters
    the equipment they need.
        For my Spanish-speaking friends and families who are
    watching: Gracias por su apoyo. Thank you for your support.
        Senators, thank you for your consideration of my
    nomination. I look forward to answering your questions.
        [The prepared statement of Ms. Ricci follows:]

                     Prepared Statement by Ms. Carrie Ricci
        Thank you, Chairman Reed, Ranking Member Inhofe, and distinguished
    Members of the Committee. It is an absolute honor to come before you
    today as President Biden's nominee for General Counsel of our great
    Army.
        I am joined here today by my brother, Dr. John Ricci of New Jersey,
    and my daughter Maria Smith, a 10th grader with straight A's who took
    delight in informing her Government teacher that she would be missing
    class today, but that he should not worry, as she will be watching our
    government in action first-hand! My 21-year-old son and college
    student, Joseph Smith, could not be here today, as he was needed to
    work a shift at our local grocery store, where at times he worked for
    21 days straight at the height of the pandemic, demonstrating a
    dedication to duty that is endemic in our family. For that I must thank
    my parents, Hector and Maria Ricci, who proudly hail from Puerto Rico
    and are watching today. It is they who instilled in me a great sense of
    duty and selflessness, personal discipline, and goodwill, for which I
    am deeply grateful.
        I am also grateful to President Biden, Secretary Austin, and
    Secretary Wormuth for the confidence they have shown in me by
    nominating me for this position. If confirmed, I would be incredibly
    excited to return home to the Army and resume my service to its
    soldiers and civilians. I served as an Army officer for just shy of 22
    years, first as a personnel officer, then as a Judge Advocate, retiring
    at the rank of Lieutenant Colonel. Every day, I had the immense
    privilege of watching soldiers put their team, mission, and country
    first, taking great risks and making personal sacrifices to achieve our
    shared goals. I remain grateful to my family and those of all our
    servicemembers and civilians who make this service possible.
        Should I be confirmed, my experiences in the Army have prepared me
    well to assume the duties of General Counsel and do right by our
    soldiers, civilians, and family members. As a Judge Advocate, I worked
    on a broad spectrum of legal issues including military justice, equal
    opportunity, fiscal law, and operational and administrative law. I
    deployed to the Middle East twice, first to DESERT STORM in 1992 and
    then in support of IRAQI FREEDOM and ENDURING FREEDOM in 2004. I have
    served in operational and intelligence units, service and combatant
    command staffs, and in the Office of the Judge Advocate General and the
    office of the General Counsel. I understand the importance of the
    collaborative relationship that must exist between these offices and
    have been fortunate to work with many of the lawyers presently serving
    in both offices, including the current Judge Advocate General of the
    Army, an extraordinary leader with whom I served at Fort Hood.
        Since retiring from the Army, I have worked as a federal civilian
    lawyer, currently leading a dynamic team of attorneys in the Office of
    the General Counsel at the Department of Agriculture. Last year, I was
    privileged to serve the Army as a civilian member of the Fort Hood
    Independent Review Committee, where our five-member team completed a
    comprehensive review of the Fort Hood command climate and culture that
    has been the impetus for great change at Fort Hood and across the Army
    and DOD.
        If confirmed, I commit to serve our soldiers and civilians
    selflessly in ensuring the Office of the General Counsel provides the
    highest quality legal services to Secretary Wormuth and the Department,
    and to further the cooperative relationship enjoyed by the Department
    and this Committee. This is a momentous time; a time where our Army is
    embarking on a complete cultural transformation for the benefit of its
    soldiers. At Fort Hood I witnessed the damage inflicted on soldiers and
    their units by the prevalence of sexual assault and sexual harassment.
    If confirmed, I will ensure that current initiatives respect the rule
    of law and due process and assist Army leaders in bringing about real
    change for the brave men and women that serve our country. The current
    momentum must not fade; success is a must.
        I am also committed to helping the Department tackle a range of
    challenges such as the quality of housing on and near Army
    installations, beating the COVID pandemic, and ensuring we have the
    appropriate acquisition authorities to get our warfighters the
    equipment they need.
        Senators, thank you for your consideration of my nomination, I look
    forward to answering your questions.

        Chairman Reed. Thank you very much, Ms. Ricci.
        Now for all of the witnesses, I will ask a series of
    questions that are required for all civilian nominees. You may
    answer together.
        Have you adhered to applicable laws and regulations
    governing conflicts of interest?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Have you assumed any duties or taken any
    actions that would appear to presume the outcome of the
    confirmation process?
        [All three witnesses answered in the negative.]
        Chairman Reed. Exercising our legislative and oversight
    responsibility makes it important that this committee, its
    subcommittees and other appropriate committees of Congress
    receive testimony, briefings, reports, records, and other
    information from the Executive Branch on a timely basis.
        Do you agree, if confirmed, to appear and testify before
    this committee, when requested?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Do you agree to provide records, documents,
    and electronic communications in a timely manner when requested
    by this committee, its subcommittees, or other appropriate
    committees of Congress and to consult with the requestor
    regarding the basis of any good faith delay or denial in
    providing such records?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Will you ensure that your staff complies
    with deadlines by this committee for the production of reports,
    records, and other information, including timely responding to
    hearing questions for the record?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Will you cooperate in providing witnesses
    and briefers in response to congressional request?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Will those witnesses and briefers be
    protected from reprisal for their testimony or briefings?
        [All three witnesses answered in the affirmative.]
        Chairman Reed. Thank you very much.
        Now, Mr. Sherman, DOD has been filling a critical role in
    developing 5G technologies and the dual-use applications that
    will ride on top of the next generation of wireless networks.
    5G and the applications that 5G makes possible, will drive
    future economic prosperity and, critically, national security.
        Do we need to sustain or even increase our level of
    investment and commitment to ensure that Chinese
    telecommunications companies do not dominate this critical
    infrastructure?
        Mr. Sherman. Senator, 5G is critical to our warfighting
    capability both, training here in the continental United States
    and then capabilities, potentially, overseas.
        In terms of development within the Department of Defense,
    our continued focus on this going forward, between research and
    engineering, the CIO, the services, and other components to
    develop 5G and, indeed, lean forward to 6G capabilities are
    going to be critical in that space. Strategy will drive our
    budget on this, and, if confirmed, this would be a priority for
    me to work, to look at what is the proper investment to ensure
    if CIO, or when CIO takes us over from R&E, that the pilot
    projects that are implemented fully flourish and that we are
    postured to provide that warfighting capability.
        Chairman Reed. Thank you.
        Do you continue to still believe that DOD and EOS Telecom
    companies can successfully share the spectrum that is vital to
    both, is that possible?
        Mr. Sherman. Yes, Senator. Spectrum sharing must be our
    watch-word going forward. The DOD has vacated a good bit of the
    spectrum over the years, but now with where things are, the
    spectrum needs to be shared, particularly in the 3100 to
    3450MHz. Working with industry, the Executive Branch, and this
    Committee and otherwise, figuring out how we do that
    successfully to both, enable DOD capabilities, as well as U.S.
    economic development would be critical.
        Chairman Reed. Thank you very much.
        Mr. Vazirani, you have a record as a naval veteran,
    yourself. Your son is a Marine serving. As the former director
    to the National Military Family Association, you have an
    extraordinary personal connection to the issues you will be
    dealing with.
        So, can I ask what your priorities would be with respect to
    family readiness when you, if confirmed, take over.
        Mr. Vazirani. Senator, thank you.
        Addressing family readiness is critical to force readiness
    and making sure that we take care of families is critical.
    There are several things that I looked at when I was an
    advocate for military families, and, if confirmed, I will look
    at a broader set of issues, as well.
        But things that are of critical importance to military
    families today are military spouse unemployment, the degree to
    which we can help military spouses achieve fulfilling careers
    and contribute to the financial success of their family will
    also contribute to the readiness of that family and the ability
    of that servicemember to continue in their service. So, that
    becomes a retention issue, and to enable that, we need to look
    at innovative options for childcare. So, those are some of the
    things that would be specific for military families, Senator.
        Chairman Reed. Thank you very much.
        Ms. Ricci, you have had an extraordinary career in the Army
    as a lawyer and now you are positioned to be the General
    Counsel of the Army. Again, my comments could be directed to
    any one of the nominees today: extraordinary experience in the
    field you have been nominated to direct.
        One aspect has been your participation at the Fort Hood
    Independent Review Committee and one of their conclusions was
    that, at Fort Hood, it appeared to be compliant on the surface,
    but was hollow and lacking leadership retention, day-to-day
    implementation, broad acceptance by enlisted soldiers, and the
    full inculcation into the culture and character of the Fort
    Hood community. Senator Inhofe and I traveled down there and I
    think that was our impression, also.
        This is as much a leadership problem as it is a legal
    problem, but you will be right at the crossroads of both,
    leadership and the law. So, could you give us some insights
    from your participation on the committee?
        Ms. Ricci. Yes, Chairman.
        I saw, personally, at Fort Hood, the devastation that
    sexual assault can wreak on its victims and, as well as the way
    it erodes unit cohesion, and, if confirmed, it would be a
    priority of mine to assist in the implementation of the
    recommendations of the DOD IRC, as well as the Fort Hood IRC.
        It is my understanding that the recommendations have been
    accepted, but now it is time for implementation. The details
    are still being worked out, and it would be my job as the Chief
    Legal Officer for the Army to assist in ensuring there is
    accurate and timely legal advice to allow for swift
    implementation.
        Chairman Reed. Thank you very much, again, to all the
    witnesses. You bring forward impressive, detailed backgrounds
    in the areas that you have been nominated to serve in and I
    wish you well. I think we can try to rapidly get you confirmed
    with cooperation of the Committee.
        Senator Inhofe, please.
        Senator Inhofe. Yeah, I regretfully have to outdo the
    chairman. You know, I have been critical of this President and
    a lot of the things that have been going on, but I have to say
    that I have never seen three nominees more qualified and in a
    better position to do a better job for America than we are
    looking at right now. I don't know what came over him, but --
        Chairman Reed. You may do that every time.
        [Laughter.]
        Senator Inhofe. But, anyway, I am so impressed with each of
    you for different reasons. Certainly, starting with Mr.
    Sherman, you have the background and experience from when Dana
    Deasy was in this position and there were things that had to be
    done. I know it became pretty controversial back when Legato
    received the position that he was in, contrary to virtually
    everyone, every federal agency that was out there and on record
    at the time, along with the general public.
        I have not seen so much disregard for one individual or one
    group taking over, in this case, something significant as the
    group handling the LBAN for GPS and the threats that that poses
    on our entire segment.
        So, I did ask you if you saw the hearing that we had back
    at the beginning of this and I think you told me, Mr. Sherman,
    that you did, and so you know my feeling and the feeling of
    everyone who testified that day as to the problems that exist.
    So, I would only ask if you are, just keep in mind you have got
    the background. You know the issue. You actually worked with
    Dana Deasy and so I hope you will draw on that background to
    try to correct a problem that has got to be corrected.
        Are there any comments that you want to make about that
    issue?
        Mr. Sherman. Sir, assured positioning, navigation, and
    timing, particularly with global positioning system, is so
    critical to our warfighting ability both, here in the Homeland
    and overseas.
        As you noted, sir, I am very familiar with the Legato issue
    and where that license is so close to the GPS spectrum, in my
    view, represents an unacceptable threat to bleed over into that
    spectrum. Despite our efforts to share other parts of the
    spectrum where Legato is, is not acceptable.
        If confirmed, Senator, I would want to work with the
    Executive Branch, this Committee, and others to ensure that we
    rectify that issue to assure our PNT capabilities for our
    forces, sir.
        Senator Inhofe. Well, Mr. Sherman, let me just tell you how
    much I appreciate the very strong position that you have taken.
        Mr. Vazirani, you have a background, as the chairman
    pointed out that you really know, you have a hands-on
    background, and one of the problems I am having and have been
    having now that comes out of this administration is the problem
    of the COVID problems with the idea that, as I read this, and
    hopefully this is not going to happen, but there is a
    punishment, a punitive position that someone who is not
    complying, and we are talking about military people, as well as
    contractors, those individuals could find themselves to be
    fired.
        Well, right now, certainly you realize, as do most people,
    our biggest problem right now is retention and recruitment. We
    did inherent a very good and positive economy; consequently, it
    is hard to find people to work because everyone is working, and
    so that does create a problem.
        But right now, if they were to--I can't think of anything
    that would be worse than if we were to find ourselves in a
    situation where we were letting people go, where we are firing
    people. It is something that is going to have to be corrected.
        I would like any comment that you might make as to what
    effect this could have on the morale and our recruitment and
    retention problem that exists today.
        Mr. Vazirani. Senator, I believe that COVID, and I said in
    my statement, that COVID is one of the readiness challenges
    that we face. One of the things that we have learned over the
    past 2 years is that COVID is deadly and it detracts from
    readiness, and that the vaccines are safe and effective.
        So, Senator, I am fully supportive of the President's order
    and the Secretary's mandate to vaccinate the force to ensure
    our readiness. It is my understanding that there is an
    administrative process that allows for exemptions, whether it
    is medically necessary or due it religious belief. Then
    progressing administrative actions to address a servicemember
    who may decline a vaccine.
        So, Senator, if I am confirmed, I would certainly look
    towards making sure that those processes are administered with
    care and compassion so that we understand the specific needs of
    each servicemember.
        Senator Inhofe. Yeah, but the problem that I see is that
    the damage is already done. Now, I am talking about two marines
    walking across the street just happened to recognize me and
    tell me that they were going to resign and just the idea--I was
    enlisted personnel back in my military days--and we don't go
    into a lot of the details as to what the motives are and all of
    that, but all they read is you better do this or you are going
    to be fired.
        Well, that is just not acceptable. So, frankly, I think the
    damage is already done and we are going to have to do our best
    to remedy it.
        Now, I know my time is expired, but I do want to comment to
    Ms. Ricci that one of the problems I have addressing, and a
    very serious problem that is out there, is that we seem to be
    wanting to, all the efforts seem to be, what are we going to do
    now, as opposed to a prevention, in terms of sexual assault; in
    other words, preventing it before it takes place, not
    afterwards.
        So, I know my time is expired, but --
        Chairman Reed. Senator, go ahead, please.
        Senator Inhofe.--if you just have a short answer for that?
        Ms. Ricci. Yes, Senator.
        I agree with you, prevention is critical and that this
    where the majority of our effort needs to be focused, and I
    believe that the IRC recommendations and the Fort Hood
    recommendations will lead us to that prevention strategy.
        Senator Inhofe. I agree with that.
        Thank you, Mr. Chairman.
        Chairman Reed. Thank you, Senator.
        Now, Senator Shaheen, please?
        Senator Shaheen. Thank you.
        Congratulations to each of you on your nominations and
    thank you for your long, public service to the country.
        I would like to begin with you, Mr. Sherman, because this
    summer, a DOD IG report identified shortfalls in DOD's
    recruiting and retention of cybersecurity-related positions.
        I had the benefit of being in New Hampshire this summer
    with General Van Ovost, who came up to look at the KC-46s that
    our National Guard has, and she talked passionately about the
    need for all kinds of IT positions within our military and how
    we were going to get there.
        As you think about your challenges in taking over this
    role, how do you see your role in recruiting and retention,
    because it seems to me without that workforce, we can't do
    anything else we need to do.
        Mr. Sherman. Senator, while cybersecurity is certainly
    about technology, I feel so strongly that the people factor is
    what makes it go. If confirmed, I would move out on a new
    strategy to look at our cyber and digital talent, so we can
    think differently about how we recruit, re-skill, and retain
    our individuals. This is a whole-of-nation effort and we must
    come at it much differently; thinking about diversity, about
    different sort of career paths, maybe not a 30-year career
    path, but folks coming in and out of the organization, looking
    at the security protocols therein, and also building upon the
    progress the DOD has made in terms of how they already
    understand the work roles and the cyber-accepted service, but
    also thinking differently about how we implement it, Senator.
        Senator Shaheen. Well, thank you. I would urge you to look
    at the National Guard, as well, because we have a lot of talent
    in National Guard units around the country on this issue and we
    should take advantage of them wherever possible.
        Mr. Vazirani, I am very concerned about the potential for
    Havana Syndrome attacks, also known as anomalous health
    incidents. Obviously, in your role, you are going to be in a
    position to consider how DOD responds to those issues.
        I very much appreciate Secretary Austin's issuing a
    guidance, but I think what is going to be very important is to
    have particular protocols that everyone understands and knows
    what to do if they are the victim of such an attack.
        So, will you commit that this is something that you will
    take a look at and work on, if confirmed?
        Mr. Vazirani. Senator, I do know that this is a serious
    issue and that it has become a priority for the administration,
    and, if confirmed, I would certainly commit to ensuring that
    the resources of the Department, particularly the health
    system, were available to address this.
        Senator Shaheen. Good. Thank you.
        Another issue that has surfaced, sadly, onto many of our
    military installations is the prevalence of PFAS. It has shown
    up in the blood of a lot of folks in New Hampshire who were
    stationed at the former Pease Air Force Base and who now live
    in the community. Obviously, these chemicals, the PFAS
    chemicals are linked to a variety of health concerns. One of
    the things we need to do is to start thinking about how to
    track those.
        Are you aware of any efforts by DOD to offer blood testing
    for military servicemembers and their families, who have been
    stationed at those contaminated bases and do you think we
    should be looking at some sort of a tracking effort to address
    this?
        Mr. Vazirani. Senator, certainly, the health and well-
    being of servicemembers and their families is critical for the
    readiness of the force and while I am not aware of any specific
    actions that the Department is taking, if confirmed, I would
    certainly look at how can we understand the prevalence and
    impact of these toxic chemicals and what they could mean for
    families and for readiness. Senator, I do commit that, if
    confirmed, that I would work with this Committee and with
    colleagues in the Department to ensure we understand the
    complexity of that particular issue.
        Senator Shaheen. Well, thank you.
        I think there are some provisions in the House-passed
    Defense Authorization bill that would look at testing, blood
    testing for members of our military.
        Ms. Ricci, you talked eloquently about what happened at
    Fort Hood and the need for cultural change. Again, I appreciate
    Secretary Austin's announcing his support for moving sexual
    assault cases outside of the military chain of command. This
    Committee voted to support that.
        If confirmed, how do you see your role in making sure that
    that gets done in a way that people in the military can buy
    into and that better addresses the issue of sexual assault?
        Ms. Ricci. Senator, it is important to support the
    Secretary's decision and, if confirmed, as the Chief Legal
    Officer of the Army, it would be my duty to assist the Army in
    understanding the nuances, the legal nuances involved and
    making sure that we have the appropriate implementation so that
    we do support the Secretary's decision in removing that
    decision from the chain of command.
        Senator Shaheen. Do I have your commitment that you will
    come back and report to this committee on the progress of how
    those changes are going?
        Ms. Ricci. Yes, Senator, you absolutely do.
        Senator Shaheen. Thank you.
        Thank you, Mr. Chairman.
        Chairman Reed. Thank you, Senator Shaheen.
        Senator Tuberville, please?
        Senator Tuberville. Thank you, Mr. Chairman.
        Thanks for being here today. Mr. Sherman, back in July,
    this Committee marked up the fiscal year 2022 NDAA and
    increased Defense top line spending, which included $116.1
    billion for DOD RDT&E. A significant portion of this money will
    go to contractors. Many of them will be small businesses. For
    some, it will be their first DOD contract. Unfortunately, these
    contractors' cyberattacks against the Homeland are growing,
    making their small businesses the target in the eyes of our
    adversaries. In Alabama, alone, we have 5,000 Defense
    contractors.
        It is self-defeating to spend billions a year on cutting-
    edge technologies and critical research, but then let China and
    Russia sneak through the backdoor. We cannot expect our DOD
    contractors, especially our small businesses, to fend for
    themselves against cyberattacks from nations, states, and
    malign actors.
        If confirmed, what will you do to assist all contractors
    with the collective, defensive capabilities needed to
    adequately safeguard, you know, our technology?
        Mr. Sherman. Senator, cybersecurity is certainly the
    paramount activity of Chief Information Officer and as you
    note, small- and medium-sized businesses are the backbone of
    this economy. If confirmed, there are a number of things that I
    would want to do to include with the Cyber Maturity Model
    Certification, or CMMC, program, making that updated and not
    onerous to those small and medium companies in Alabama and
    everywhere else, sir; also, working with General Paul Nakasone
    at NSA and USCYBERCOM, doing things like providing, as we would
    call it, cybersecurity, as a service for that small- or medium-
    sized company, giving them templates and guides on how to do
    this, so they are not having to reinvent the wheel themselves
    on this. With always thinking not just about the very large
    corporations, but those small and medium companies that are so
    important, and also where the Chinese and Russians and others
    try to go after, to get into our network, sir.
        Senator Tuberville. Yeah, thank you.
        Mr. Vazirani, if confirmed, you would have supervision over
    the Department of Defense education activity; 160 schools in
    seven states, 11 foreign countries, and two territories. Two of
    these schools are in my home state Alabama, Fort Rucker and
    Maxwell Air Force Base.
        I am a proud military brat. I was an educator for 40 years.
    I have seen, firsthand, the importance of a stable environment
    for kids inside the classroom and at home.
        Students who are in their third year, impacted by COVID-19
    mask mandates, virtual learning, now school boards across the
    country are pushing critical rates. They are even trying to
    restrict parents' involvement in the classroom.
        Would you agree that some of the best solutions to the
    challenges facing our schools come from the local level, where
    parents, students, teachers, and administrators can collaborate
    and work towards success together, and can you elaborate on
    that?
        Mr. Vazirani. Senator, I appreciate the question and I
    think what you are pointing out is that the education of
    military children is critical and particularly when we look at
    the future force, 80 percent of those who serve today are
    military-connected, and so we have to think about the
    appropriate education of those children and make sure that
    there are appropriate education options for the families so
    that their children can advance, particularly as they move from
    one location to another.
        Senator, if confirmed, I would want to look at the
    education activities and make sure that the appropriate level
    of education is being provided. I think that parents do provide
    a great resource and are our partner in the education of their
    child. If confirmed, I would want to work with the colleagues
    at the Defense Department education authority to make sure that
    the education and the curriculum is being involved in a way
    that will appropriately educate those children.
        Senator Tuberville. Thank you.
        Ms. Ricci, it was good to hear you say something about the
    living quarters in a lot of our military bases. A lot of them
    are atrocious. I have been to some of them and it was good to
    hear you say that, you know, you support upgrading some of
    those facilities.
        Could you elaborate on that. Have you had firsthand
    knowledge of that?
        Ms. Ricci. Yes, Senator, I have.
        At Fort Hood, I did learn about the abominable living
    conditions that some of our servicemembers have lived in and it
    was a small mention in the Fort Hood report that was part of
    the overall command climate. I would be supportive of the
    Army's continuing efforts to reform how privatized housing
    works, to ensure that contracts are in other words and that the
    partners are held accountable.
        Senator Tuberville. Thank you. You know, the attitude of
    our military is very important and a lot of it, you know,
    starts at home, obviously, with kids and living quarters, and
    they don't make a lot of money. You know, a lot of them could
    go and do other things, and we have got to make sure that we
    can do anything possible to keep, you know, our best in the
    military because with all this technology now, a lot can leave.
    They can go to other places, have a better life with a lot more
    money, but a lot of them want to support this country, and we
    appreciate that.
        So, thanks for being here today. Thank you for your
    testimony.
        Thank you, Mr. Chairman.
        Chairman Reed. Thank you, Senator Tuberville.
        Senator Kaine, please?
        Senator Kaine. Thank you, Mr. Chairman.
        Congratulations to the nominees. You are all well-
    qualified for your positions.
        Mr. Sherman, I want to pick up, just commenting on
    something that Senator Tuberville was asking about, that I am
    also really focused on, and that is the ability of small,
    innovative tech companies to participate in work across the DOD
    but including in cybersecurity. So, this question of having a
    process to get CMMC compliance that can work for small
    technology companies is also something that I am really
    interested in and I appreciate Senator Tuberville asking about
    that, and your commitment, that you would work on that. I would
    look forward to working with you on it.
        Here is one that is kind of related in dealing with
    technology companies' interaction with DOD. The DOD has a
    process for certification. It is called--technology companies
    have a process within DOD that is called Impact Level to get
    certified to do work with the DOD. There is a similar process
    in the GSA called FedRamp to get approval through the GSA to be
    a government IT vendor. I often wonder whether we can create
    reciprocity between some of these programs so that a company
    that gets, you know, certified through the GSA process could
    get certified through the DOD or vice-versa without requiring
    duplication of work.
        We run into the same issue with security clearances, where
    different agencies use different practices on security
    clearances and it makes it very difficult.
        Do you think there should be reciprocity between the GSA
    certification system and the DOD certification system?
        Mr. Sherman. Senator, given how critical our private sector
    is to our tech innovation, particularly from small and medium
    companies, as well as large ones, if confirmed, I would always
    try to seek symmetry and, I don't want to say simplification,
    but making it being cognizant of how it affects the companies,
    and if confirmed, would take a look at the GSA parity to
    FedRamp and also recognizing that we at Department of Defense
    will often layer above and extra certifications on top of that,
    given our security considerations, but, at the front end,
    making this as smooth and symmetrical as possible, sir.
        Senator Kaine. That would be great. I take that as a
    commitment to work together with GSA to see what symmetries can
    be created, and you are right, if there are additional security
    requirements at the DOD side, but you could build on the base
    of what GSA has done with FedRamp, rather than having a
    completely separate certification process, that would be very
    much appreciated.
        Mr. Vazirani, I want to ask you about our workforce needs.
    The commandant in the Marine Corps released planning guidance
    in 2019 and I am going to read you a quote from it, quote, our
    manpower system was designed in the Industrial Era to produce
    mass, not quality. We assume that quantity of personnel was the
    most important element of the system and that marines are all
    essentially interchangeable.
        My son is Marine, too. I know you have a boy in the
    Marines.
        As the complexity of the world is increased, the spread
    between physical jobs and thinking jobs is increased
    dramatically. War still has a physical component and all
    marines need to be screened and ready to fight; however, we
    have not adapted to the needs of the current battlefield. The
    only way to attract and retain marines capable of winning on
    the new battlefield is to compete with the tools and incentives
    available to them in the marketplace.
        What are some of the areas of the military's recruitment,
    training, promotion, and retention system that could benefit
    from incentives found, quote, in the marketplace?
        Mr. Vazirani. Senator, I appreciate that question.
        I think that point about making sure that we have the right
    talent, and it is not just a question of quantity; it is a
    question of quality, as well. I think as we think about the
    emerging warfare domains and the way that war will be waged
    into the future, we have to think about that as, in order to
    compete on that battlefield, to have the right talent.
        So, if confirmed, one of the things that I would want to do
    is to work with the services and the team within Personnel and
    Readiness to see what mechanisms are available to ensure that
    we get a diverse and qualified total workforce. I think that is
    a question of, and how do you achieve that through the military
    service, as well as the civilian component of the military. So,
    as we go through this process of recruiting people, we have to
    think about, are we reaching the right people who have those
    skills, and then, two, what are the mechanisms we have
    available to retain them?
        Because as we compete, we are also competing with
    corporations and institutions, and so we have to look at what
    are the tools available to us to retain the talent.
        Senator Kaine. One mechanism that I will just put on the
    radar screen that I will ask you about, should you be
    confirmed, is one that we included in the NDAA in 2020. There
    was a provision, or Section 860, to this that would establish
    the Defense Civilian Training Corps and this corps was sort of
    like an ROTC corps that we could use to attract people into
    particular fields: engineering, acquisition, and others, where
    we are going to need a strong workforce going forward. I would
    like to talk further about the success of that model, it is
    still very new, and what the DOD plans to do to really exploit
    the value of a program like that.
        But thanks to all the witnesses and congratulations to you.
        Mr. Chair, I yield back.
        Chairman Reed. Thank you, Senator Kaine.
        Senator Hawley, please?
        Senator Hawley. Thank you, Mr. Chairman.
        Thanks to all the witnesses for being here.
        Mr. Sherman, let me start with you. The use of Chinese-made
    hardware like printed circuit boards poses a major
    cybersecurity concern for the United States. I spoke about this
    with Microsoft's president, Brad Smith, when he was here
    earlier this year. He agreed with this assessment.
        Let me ask if you agree that it is time for DOD to stop
    using Chinese-printed circuit boards and the information
    systems that our warfighters depend on to defend their country?
        Mr. Sherman. Senator, I see China as a paramount threat to
    our systems, to everything that we are doing at DOD, and if
    confirmed, that would absolutely be something that I would look
    at. We do not want the Chinese in or near our systems, sir.
        Senator Hawley. Let me ask you China, with regard to
    Taiwan. If China invades Taiwan, I will likely try to do so by
    surprise, of course, and as quickly as possible, as the fait
    accompli scenario. One of the ways in which it will likely try
    to achieve its objectives is to overwhelm our cyber defense
    systems and try to degrade or neutralize as many of our
    critical defense systems as possible.
        So, in your assessment, is DOD currently prepared to
    withstand and fight through a barrage of cyberattacks in the
    event of a Chinese attempted fait accompli?
        Mr. Sherman. Senator, I believe DOD is well-postured, based
    on what I know right now, that is, with any sort of defensive
    mechanisms, we can always improve it. If confirmed,
    cybersecurity, working with General Nakasone at CYBERCOM,
    informed by NSA threat intelligence, to keep the Chinese back
    on their heels would be a top priority.
        Senator Hawley. Very good.
        Can I just come back to the printed circuit boards for just
    a second. You said that China was a concern. I appreciate that.
    But would you agree that it is time for DOD to stop using
    Chinese-printed circuit boards?
        Mr. Sherman. Senator, if confirmed, I would have to look at
    that, but in principle, any sort of Chinese hardware or
    software should not be on or near our systems would be my
    belief.
        Senator Hawley. Okay. I look forward to hearing from you
    further on that.
        On the Taiwan question, again, talk to us about how the
    requirements for defending against a surge of cyberattacks like
    we were just talking about, how do those differ from the
    requirements from defending or for defending against Chinese
    cyberattacks on American systems during peacetime; in other
    words, what do we need to be prepared for in, effectively, a
    kinetic scenario that we otherwise wouldn't be?
        Mr. Sherman. I think the principle of Zero Trust, Senator
    will be for both scenarios. Assuming they are already on our
    networks right now, and not just defending at the perimeter in
    a wall-and-moat scenario or even a defense in-depth but
    segmenting our networks and everything we are doing in a way
    that we have not done before, making it about the data and also
    tagging people and tagging data in a way that we have not done
    before. Zero Trust will be the key both, for defending here in
    the Homeland, as well as out at the edge, where they could
    attack us.
        Senator Hawley. Let me ask you, if you are confirmed, what
    you will do to ensure that we are able to not only defend
    against Chinese cyberattacks in peacetime, but also to be able
    to withstand and fight through them in a potential future
    conflict.
        Mr. Sherman. Senator, if confirmed, my role as CIO would be
    to ensure we have the most robust defensive capabilities
    possible and providing the infrastructure for General Nakasone
    and CYBERCOM to use for offensive capabilities.
        Senator Hawley. Are there any specific steps that you can
    think of now that you would take, that you think need to be
    taken in that regard?
        Mr. Sherman. The most immediate step, if confirmed, would
    be what we call enterprise Identity, Credential, and Access
    Management, or ICAM; somewhat of a techy term, but something
    that has to be there to be able to tag the people and tag the
    data on that Zero Trust scenario, sir.
        Senator Hawley. Good. Let me ask you a little bit about the
    consolidation of our industrial base. This is something that I
    have raised with other nominees before the committee.
        DOD has long struggled with this, this increase in
    consolidation. We are seeing problems now with emerging
    technologies, with just a few large companies in this country
    can own a lot of technology or can buy it up.
        Do you agree that concentrating market power in just a
    handful of companies, and I am thinking specifically of Google,
    Facebook, Microsoft, Amazon, makes it harder for competition to
    occur and to spur innovation, and that is especially true as it
    relates to information technologies.
        Mr. Sherman. Senator, I see our technology Defense
    Industrial Base as a national advantage for us. In terms of
    their consolidation, all I can say, if confirmed, as CIO, I
    will be a very tough customer to all of them, without
    favoritism or bias and making sure that our warfighters get the
    very best technology for their warfighting needs.
        Senator Hawley. You are anticipating my next question,
    which is how can we ensure a robust and competitive marketplace
    for these emerging technologies that isn't dominated by a few
    firms and, ultimately, is getting us the best innovation that
    is possible and that we need in order to succeed.
        Mr. Sherman. Senator, if confirmed, I would see that done
    by rigorous requirements, but also casting a wide net, not to
    exclude small and medium businesses with geographic diversity,
    different capabilities, and working with acquisition
    sustainment, and research and engineering, and others to make
    sure we hear multiple voices for our requirements.
        Senator Hawley. Very good. If the Chairman will let me
    slide one more question in here very quickly, Mr. Vazirani, I
    want to ask you about the needs in the Pacific theater.
        Secretary Austin told me earlier this year, and to quote
    him now, the combat-credible, forward-deterrent posture is
    instrumental to the U.S. military's ability to deter, and if
    necessary, deny a fait accompli scenario. We are talking about
    Taiwan there. Forward-deployed units are only part of the
    solution, of course. These organizations have to be filled with
    servicemembers who understand the Pacific theater of
    operations.
        If nominated, your office will oversee the recruitment and
    retention of all DOD personnel. Here is my question: How can
    DOD Berman and equip PACOM units with specially trained
    individuals who are ready to compete and within in the Pacific
    theater, given the unique needs and requirements there?
        Mr. Vazirani. Senator, I think, there, again, it is a
    question of how do we get to the right talent; the people who
    can fight those wars who have the skills, the knowledge, the
    language skills, the cultural skills to know how we might
    engage an enemy in that region.
        So, if confirmed, that is something I would work with the
    people within the Personnel and Readiness with the Under
    Secretary, and with the Service Secretaries to make sure that
    we understand what the requirements are for each of those
    forces who may engage and ensure that we have the right
    standards, and so that the standards and requirements meet that
    and that we can meet our recruiting goals.
        Senator Hawley. Thank you.
        Chairman Reed. Thank you, Senator Hawley.
        Senator Blumenthal, please?
        Senator Blumenthal. Thanks, Mr. Chairman.
        I thank each of you for your service and for your
    willingness to serve in these new capacities.
        Mr. Sherman, I am not sure what your role will be, if
    confirmed, in the procedures and standards used in classifying
    documents, but I have raised repeatedly in our classified
    sessions, the fact that a lot of what we are hearing, the
    American people deserve to hear and there is no real reason
    that the material should be classified.
        In a lot of the instances where I raise this issue, the
    military or intelligence officials there, without disclosing
    any classified information that may have taken place there,
    tend to agree, and in fact, the American people deserve to
    though more. It would be useful for the Department of Defense
    that they should know more and, in fact, for our democracy.
        So, will you undertake a review of our current
    classification standards and procedures with a view to opening
    more of it to the public?
        Mr. Sherman. Senator, I certainly see the absolute value in
    our way of government for transparency, but also keeping our
    secrets safe. If confirmed, I would work with the stakeholders
    in the Department of Defense to include Intelligence and
    Security, I&S, and other parts of the Department to look at
    this topic.
        Senator Blumenthal. Will you commit to give us a plan for
    that review, a specific plan as to who will be involved and
    what the timetable is?
        Mr. Sherman. Senator, I would commit to work with the
    stakeholders who have that appropriate policy under them, but,
    yes, I would, if confirmed, take this as a priority.
        Senator Blumenthal. Well, with all due respect, will
        you present the Committee on Armed Services of the United
    States Senate with a plan, a specific plan for whom you will
    consult and what your timetable will be?
        Mr. Sherman. I will commit to that, Senator.
        Senator Blumenthal. Thank you.
        Who do you think should be involved? Who are the
    stakeholders that you would involve?
        Mr. Sherman. Senator, based on what I know about the job,
    it would be Intelligence & Security and other folks who look at
    the counterintelligence equities. I know CIO has a role in
    this, but other parts of the Department do, as well. As well as
    protecting secrets and safeguarding that area, they would
    absolutely need to be involved, sir.
        Senator Blumenthal. Thank you.
        Mr. Vazirani, I am sure you are aware of the increasing
    rate of suicide, an alarming increasing rate of suicide among
    our veterans and servicemembers. Since September 11, 2001,
    apparently, that number is more than quadrupled number who died
    in the wars previously. I may have some of the details wrong.
        There is a study that estimates that 7,057 servicemembers
    have been killed in post-9/11 war operations, while 30,177
    active-duty servicemembers and veterans have died by suicide.
    The average suicide rate for post-9/11 veterans is between 18
    to 34 was 32.3, per 100,000 between 2005 and 2017, but it rose
    to 45.9, per 100,000 in 2018. That is about 2.5 times the
    suicide rate in the general population.
        Are you familiar with the study that provided these numbers
    from Brown University's Costs of War Project?
        Mr. Vazirani. Senator, first of all, any suicide, any
    number of suicides in the military or veteran community are
    alarming and we should be concerned about that.
        Senator, I am not familiar with that specific study. I am
    familiar with the studies that the Department has done
    regarding suicide.
        If confirmed, if this an area that would be a particular
    concern for me and a priority to look at what are we doing. As
    the Secretary said, the first thing we need to do is to make
    sure that we reduce stigma and we encourage help-seeking so
    that servicemembers, their families, and they understand that
    we can overcome that stigma, so that as they proceed through
    their military life cycle, and even into the veteran community,
    they know how to ask for help.
        The other side of that, Senator, that I focus on is
    ensuring that leaders know how to recognize the signs of
    suicide and when to offer help and make sure that there is a
    trusted relationship where a servicemember can ask for help.
        Senator Blumenthal. I appreciate that answer.
        My time has expired.
        This topic is a big, complex and an important one, and I
    look forward to following up with you.
        Thank you, Mr. Chairman.
        Chairman Reed. Thank you, Senator Blumenthal.
        Senator Tillis, please?
        Senator Tillis. Thank you, Mr. Chairman.
        Congratulations to all three of you for your nominations.
        Mr. Sherman, you get a pass on this question, because I
    think there are families and friends watching. I would like to
    pronounce your last names right.
        Could you please pronounce your name? Is it Vazirani?
        Mr. Vazirani. Vazirani.
        Senator Tillis. Vazirani.
        Ms. Ricci?
        Ms. Ricci. Ricci.
        Senator Tillis. Okay. Thank you.
        I asked my staff. She said it had been pronounced a couple
    of different ways, so I just wanted to make sure I got it
    right.
        Ms. Ricci, I am very focused on military housing. I made
    several visits to Fort Bragg and Camp Lejeune. I have done town
    halls, and we still have a problem there. We made some progress
    with the Bill of Rights, but I think that there is a lot more
    work to do.
        So, can you give me an idea of whether or not this will be
    a priority for you and some vision as to how we can get to an
    improved state of military housing. It is a real problem. I
    think it has a number of effects on readiness, health, a number
    of other issues.
        Do you share that concern? Can you give me an idea of some
    of the things that you may make a priority?
        Ms. Ricci. Yes, Senator.
        I absolutely share your concern. Soldiers should have safe
    housing, safe and healthy housing, and during my time at Fort
    Hood, I did, indeed, listen to some of the concerns of the
    servicemembers living there and some of the conditions that
    they faced. I understand that the Army is going through a
    revised, so to speak, way of looking at their partnerships with
    privatized housing and ensuring that contractors are held
    accountable.
        If confirmed, that would be a priority of mine. That would
    be one of the priorities, is to make sure that our procurement
    processes are being enforced appropriately and that our
    partners are being held accountable.
        Senator Tillis. I also think that we have to have a focus
    on what has occurred as a result of some of this unacceptable
    housing. I went into a house at Fort Bragg that had a
    dehumidifier that in the hallway that was collecting so much
    water that the tank, they couldn't use the tank. They literally
    had to run a hose to the bathtub in the hallway bathroom just
    to be able to keep it running nonstop, 24/7.
        So, another area that I think we have to look at is, how
    are we proactively helping the families that have documented
    medical conditions?
        I met with a number of military spouses who had doctors'
    advice to get out of these homes because the conditions in the
    homes were clearly causing health problems for them and their
    children. So, that is another area that I look forward to
    working with you, after you are confirmed.
        I guess one other question I have for you has to do with
    military justice. What do you perceive would be an appropriate
    role for the Army General Counsel, if Congress enacts Secretary
    Austin's proposal to establish the office of special victims'
    prosecutions in the secretariat of the military department?
        Ms. Ricci. Senator, if confirmed, the Army General Counsel,
    as the Chief Legal Officer, would have the obligation to ensure
    swift implementation to provide accurate and timely legal
    advice, and to assist in working out the legal nuances
    attendant to that change.
        Senator Tillis. Mr. Sherman, I have got more in common with
    you than I do with most of the people in the Senate with my 29
    years in information technology. I also want to echo what
    Senator Blumenthal said on suicide prevention; removing the
    stigma, that is very important. I also think we have to act in
    the way that we talk.
        We all talk about removing the stigma and then we will go
    behind closed doors and whisper about a problem that we may
    have with a family member or friends. It really begins with our
    behavior, too, to help remove the stigma.
        But Mr. Sherman, I feel like the Department of Defense is
    replete with opportunities to consolidate, to collapse some
    silos, and to really go through an enterprise transformation
    for the use of information technology, duplicative systems
    across service lines. I think that there is an opportunity to
    build cross-functional platforms and then only have, on an
    exception basis, the silos that we have today.
        Do you agree with that?
        Mr. Sherman. I do, Senator.
        Senator Tillis. Do you think that the culture of the DOD
    can be changed to actually accept that?
        It is the same sort of problem I saw in large, diverse
    corporations. But what would you do to actually change the
    culture so that we could make meaningful progress and take a
    lot of costs out of our IT operations in the DOD?
        Mr. Sherman. Senator, I would build upon, if confirmed,
    successes that have been underway; for example, with the 26
    defense agencies and field activities, what is called the
    Fourth Estate Network Optimization, to reduce all of those
    inefficiencies there, scale that to the Department level, build
    on what the military departments are doing; for example, the
    Department of Navy's project Cattle Drive, they call it, to get
    rid of duplicative systems and drive greater efficiencies.
        I would, if confirmed, build on those successes, sir, and a
    lot of this would be built on data, to make sure we know what
    is out there and to make that implemented, sir.
        Senator Tillis. Well, this is something that is personally
    very important to me. It is very interesting to me. It keeps my
    skills up to date.
        So, I would like to get your commitment that I received
    from your counterpart in Veterans Affairs, to get together,
    take a look at your program office, the sort of structure that
    is going to be necessary to actually execute that. It is also
    very important to me because I think there is a lot of
    integration opportunities, particularly with respect to the
    Cerner platform for the electronic health record, so that we
    can actually get to a point to where we may be able to predict
    a transitioning servicemember being at risk before they even
    know they are. I do believe that that is within our reach if we
    integrate and capture the right kind of data through the like
    cycle of a soldier.
        Thank you, Mr. Chair.
        Chairman Reed. Thank you, Senator Tillis.
        Senator King, please?
        Senator King. Thank you, Mr. Chairman.
        Mr. Sherman, there has been a lot of discussion about cyber
    on a lot of levels. I don't think there is any doubt that if
    there is a conflict that we are engaged in, cyber will be the
    first part of it. The first effort of our adversaries will be
    to try to blind us in terms of our ability to communicate. They
    are also using cyber to compromise our networks to steal
    intellectual property.
        My question is, you use the word ``ensure"; I think that
    may be an optimistic word. But how do we ensure?
        Do you anticipate pen testing, red teaming, bug bounties,
    hackers for hire?
        It seems to me the best way to be sure or to get toward
    assurance is testing the network by friendly hackers or
    friendly, those who are enabled to attack the networks and tell
    us where our vulnerabilities are. Is that in your agenda?
        Mr. Sherman. Yes, sir. Absolutely.
        Not just trust but verify and reverify. Working with, for
    example, the Defense Digital Service, which does a lot of that
    bug bounty-type activity at DOD. Also working with the Director
    of Operational Testing and Evaluation, DOT&E, so we can do that
    up front testing, as we buy technology, such as commercial-clad
    capabilities to really see where vulnerabilities are. As we
    have done, for example, on Office 365 being employed across the
    enterprise, finding vulnerabilities that even the vendor didn't
    know about.
        Senator King. I would hope that you would work with NSA and
    CYBERCOM, they are the best in the world, to test your own
    networks. You used ``trust, but verify"; that is one of my
    favorite mottos, but another is, ``Does it work and how do you
    know?'' So, CYBERCOM, it seems to me, and NSA, with Paul
    Nakasone, would be a tremendous resource.
        Secondly, on cyber, we are engaged in a very large-scale
    modernization of our nuclear triad. As far as I am concerned,
    we ought to scrap the word ``triad'' and talk about nuclear
    quad, because command and control is as important as any leg of
    the triad; if we don't have command and control, we can't
    communicate with the triad, it isn't going to work.
        So, I hope that modernization, when we are talking about
    modernization of the submarine fleet or the missiles or the
    bombers, we are also talking about a very intense modernization
    of command and control in the nuclear area.
        Mr. Sherman. Sir, NC3, and I like where you are heading
    with this, it is not just a triad; it is the fourth leg of a
    triad, to ensure that the triad will be effective. Having
    resilient, modern, strengthened NC3 on that, and that is an
    area, too, and I should have included this, with General
    Nakasone, both from CYBERCOM and NSA, to ensure that NC3
    network is there when we need it.
        Senator King. It has to be redundant, and redundant, and
    redundant.
        Mr. Sherman. Yes, sir.
        Senator King. You talked about workforce, so I won't dwell
    on that. But as you know, that is a huge problem nationwide,
    and not only in the defense field, but in every field, in terms
    of network security, cybersecurity, network administration. So,
    workforce is something that I think has to be attended to.
        Mr. Vazirani, two issues in your area. One that concerns
    me, and that is the geographic diversity of our Armed Forces. I
    was surprised to find in 1975, the division between the
    Northeast, the Midwest, and the South, and the Southwest, among
    our military personnel was about 50/50. I think it was 47/47.
        Today, it is 67/30; in other words, the Midwest and
    Northeast have fallen to 30 percent of our active-duty
    military. The South and Southwest are now almost two- thirds. I
    think that is unhealthy for the country to have our
    professional military service be geographically defined.
        Do you appreciate that concern and what do we do about it?
        Mr. Vazirani. Senator, I certainly share that concern. I
    think that in order for us to have the most ready force that
    force also has to look like America and come from the breadth
    of America. I think, Senator, if I am confirmed, one of the
    things we would want to look at is, how can we improve the
    value proposition to reach young people; people who are
    eligible and qualified to serve in those areas and ensure that
    we are accessing the talent.
        Senator King. It has to be a conscious strategy. The
    current strategy, obviously, isn't working. There has to be a
    conscious saying, we are going to recruit more in Cleveland or
    in Boston than we are today. We are going to put more
    advertising, and whatever it is, and I hope you will pursue
    that.
        Second, I just have a few seconds left, so I just want to
    touch on these. I want to associate myself with all the others
    who have talked about suicide. In the Vietnam War, we lost
    58,000 people. In the decade from 2008 to 2017, we lost 60,000
    people to suicide. The figures Senator Blumenthal mentioned are
    just shocking. We have lost four times as many military people
    and veterans to suicide since 9/11, than to operations. That is
    a stalker of our military personnel. I hope you will really put
    some focus on that. If it were a military event killing 30,000
    people over that period of time, we would have all kinds of
    resources on it, so I hope you will pursue that.
        Finally, Ms. Ricci, I looked into this whole housing issue.
    I think a lot of it is contracts, contract administration, and
    following up and enforcing the contracts that we have and
    renegotiating and improving those contracts with the private
    vendors. If you have an obligation under contract but nobody
    ever enforces it or pays any attention to it, then you are
    going to backslide, and I think that is exactly what happened.
        So, I hope in your position you will be very contract
    lawyerly and follow those obligations to be sure that they are
    enforced. That is one way to quickly bring those contractors
    back up to the standard that they agreed to.
        Thank you very much, Mr. Chairman.
        Chairman Reed. Thank you, Senator King.
        Now, let me recognize, via Webex, Senator Duckworth,
    please.
        Senator Duckworth. Thank you, Mr. Chairman.
        I want to associate myself also with the comments from my
    colleagues who came before me on both sides of the aisle on
    suicides, among our military men and women.
        Just to remind everyone the Veterans Crisis hotline is: 1-
    800-273-TALK, t-a-l-k, 1-800-273-TALK. You can call that if you
    are on the brink of homelessness or any kind of crisis,
    including needing just to talk to someone.
        Now, I want to start by congratulating all three of you who
    are here today on your nominations. I do want to begin with a
    problem that has existed far too long that has become more
    urgent during this pandemic, and that is military hunger. Far
    too many of our military families experience food insecurity.
        That is why I introduced the Military Hunger Prevention
    Act, to create a basics, needs allowance to help struggling
    military families put food on the table. My bill currently has
    25 bipartisan co-sponsors in the Senate; an indicator of the
    broad support for solving this shameful problem.
        Mr. Vazirani, please, I apologize for mispronouncing your
    name, if confirmed, how will you address food insecurity among
    our servicemembers?
        Mr. Vazirani. Senator, thank you for raising that concern.
    Food insecurity, obviously, it affects the readiness of the
    family today. It detracts from the readiness of the
    servicemember when they are in the field if they are thinking
    that their family is hungry. It detracts from our future
    readiness because the children of many of those who serve today
    are going to serve in the future.
        Senator, if confirmed, I want to work with this Committee
    and with people within the Department to certainly meet up to
    the Secretary's priority of people first. I think we have to
    look at a range of options on how we solve for this and part of
    that is ensuring that those families have financial security.
        So, when I was an advocate, I looked at a range of options
    for the basic needs allowance, which I think is one of those
    options and a qualification for other programs that would allow
    for families to have the resources to ensure the well-being of
    their family.
        Senator Duckworth. Thank you. I look forward to working
    with you, once you are confirmed, on this.
        In January, you wrote, and I quote, military families are
    counting on Washington to ensure that services adequately fund
    childcare fee-assistance programs and partner with the
    community outside the gates to increase accessibility when on-
    installation waitlists are too long, end quote.
        You also noted in your advanced policy questions that
    ensuring affordable, quality care is accessible to our military
    families will be one of my priorities, your priorities.
        I agree that this is an issue of huge importance to our
    military families, as well as to our readiness. That is why I
    introduced the Military Child Care Expansion Act that would
    authorize a number of programs to improve access to a range of
    childcare options for military families.
        Mr. Vazirani, can you expand on the importance of
    affordable and accessible childcare for our military families.
        Mr. Vazirani. Senator, enabling military spouse employment
    and for military spouses to have fulfilling careers is critical
    to their families, but also to the readiness of the force,
    which will allow the servicemember to continue to serve in the
    way they are.
        Senator, to enable that requires childcare and accessible
    childcare that the family can get to and affordable childcare.
    So, if confirmed, Senator, I would want to look at a range of
    options; particularly, around how do we innovate in providing
    childcare to military families, whether it is on the
    installation or off the installation, as well as the
    opportunity to military spouses to earn their credentials and
    either provide childcare in their homes and be reimbursed
    through a fee-assistance program, or to become providers with
    portability within the military childcare system.
        Senator Duckworth. Wonderful.
        Well, the fiscal year 2022 NDAA has report language
    directing the DOD to seek out creative solutions to solve the
    childcare availability crisis, and I hope that you will keep me
    updated on your progress.
        Mr. Vazirani. Senator, certainly.
        Senator Duckworth. Thank you.
        Finally, according to numerous studies, paid family leave
    offers clear advantages to both, employers and families, yet,
    depending on their branch of service and family situation, many
    servicemembers currently only receive 2 or 3 weeks of parental
    leave.
        To recruit and retain the best and brightest, we must
    modernize the DOD's parental leave policy for members of the
    military. That is why I introduced the Servicemember Parental
    Leave Equity Act, to make sure that all primary and secondary
    caregivers in the military can access 12 weeks of paid parental
    leave.
        Mr. Vazirani, if confirmed, will you commit to prioritizing
    initiatives such as Parental Leave Expansion that would help
    strengthen military readiness and better support military
    families?
        Mr. Vazirani. Senator, if confirmed, I certainly commit to
    looking at any solution that would help military families and
    military family readiness.
        Senator Duckworth. Thank you.
        Thank you for your testimony today, and I look forward to
    your confirmation.
        I yield back, Mr. Chairman.
        Chairman Reed. Thank you, Senator Duckworth.
        Now, let me recognize Senator Kelly, please.
        Senator Kelly. Thank you, Mr. Chairman.
        Thank you for being here today, folks.
        Mr. Vazirani, the uptick in military suicides is alarming,
    I think, to all of us, and the Department's own figures show
    that 580 servicemembers died by suicide in 2020. This means
    that the number of suicides increased by 15 percent from the
    prior year.
        Every single suicide, even one, is too many. We need to do
    more to support our men and women in uniform.
        It was this concern that led me to introduce the Brandon
    Act, named to one of Arizona's fallen. We did this, along with
    Senator Cramer and the support of other members of this
    committee. The bill is designed to ensure that a servicemember
    in crisis is never denied timely access to live-saving care. I
    also joined with Senator Ernst in introducing the Save Our
    Servicemembers Act to further improve the Defense Department's
    internal coordination on suicide prevention.
        It is clear that we need to do better. If confirmed, will
    you commit to work with us on these proposals?
        Mr. Vazirani. Senator, I absolutely confirm to work with
    you on those proposals and I would look for options to reduce
    suicides and eliminate suicides to the degree that we can.
        Senator Kelly. What other strategies do you have for
    addressing, like, what are the strategies?
        So, I would like to listen to, maybe, some of your ideas on
    how we address this rising rate of suicides in the military.
        Mr. Vazirani. Senator, I haven't formed a complete strategy
    on that. I certainly have some thoughts on this, primarily from
    the fact that I have a family that experienced two suicides. I
    think that as the Secretary said, we have to reduce stigma. We
    have to make it okay for people to ask for help.
        In order to ask for help, we have to have a command
    structure, whether it is a squad level, the division level, the
    platoon level, the company level, where there is a connection
    between the servicemember and their leader so that they know
    how to ask for help. So, that is one of the things that we have
    to do.
        So, in order to address this issue, which is so personal,
    we have to think about the system, as well. So, we have to
    develop a system that enables help-seeking. We also have to
    acknowledge that part of that is to ensure that there are the
    same resources at home for the military family, because that
    stress source may be at home, as well.
        So, we can't just look at it as just a military issue; it
    is a military-family issue, as well.
        Senator Kelly. Well, the piece of that about, you know,
    helping members ask for help and a process to do that, is what
    the Brandon Act was all about, so thank you for your response.
        In my remaining time, I want to switch to Mr. Sherman here
    and talk a little bit about cybersecurity and AI. With the
    SolarWinds and Colonial Pipeline ransomware attacks, Americans
    have had a front-row seat on the havoc that cyberattacks can
    wreak on our country.
        We have also had a wake-up call to the vulnerabilities
    inherent in our infrastructure. Now, the Defense Department is
    not immune to these risks; in fact, the Defense Department
    identifies cybersecurity among its top priorities in its
    Digital Modernization Strategy. This work is increasingly
    important as more and more of the equipment and technology that
    we use to defend our Nation comes to rely on the network and
    its security.
        If confirmed, what are your priorities to securing our
    Defense networks against cyberattacks?
        Mr. Sherman. Senator, I absolutely agree that cybersecurity
    is of paramount concern and, if confirmed, to strengthen our
    cybersecurity, I would oversee the implementation of what is
    called Zero Trust; a strategy that assumes that the enemy is
    already on the network, not protecting at just the perimeter or
    Defense in-depth, but assuming they are already on our network
    and through a strategy of what is called microsegmentation. Not
    only on our enterprise IT server, but also on things like
    industrial control systems. You referenced the Colonial
    Pipeline. Things like HVAC, elevators, you name it; other
    things that make the enterprise run. So, if confirmed, Zero
    Trust would be the approach that I would oversee, sir.
        Senator Kelly. That approach is not used today?
        Mr. Sherman. Elements of Zero Trust are being implemented;
    building blocks for it. For example, the Defense Information
    System Agency is implementing it on the secret side. We need to
    scale it out much larger and also build on industry best
    practices.
        Senator Kelly. Thank you, Mr. Sherman.
        Thank you, Mr. Chairman.
        Chairman Reed. Thank you, Senator Kelly.
        Let me now recognize Senator Kaine, who has additional
    questions.
        Senator Kaine. Thank you, Mr. Chair.
        Mr. Vazirani, this is just an observation that is directed
    at you because of your forthcoming role on personnel matters.
    We had a hearing about Afghanistan the other day and it was an
    important hearing and the administration witnesses talked
    about, in a somber way, the American troops lost in
    Afghanistan, 2,324 military personnel, as well as the 4,598 who
    died in Iraq, and we were talking about the toll that our
    Nation suffered in the war on terror.
        One thing that I noticed in this testimony, and we have
    heard it before, is that the death of U.S. contractors is
    almost never mentioned, and it truly is a unique war, this war
    on terror, in American history, where the U.S. contractor
    deaths were higher than troop deaths. Total troop deaths in the
    war on terror were 7,052, but U.S. contractors, their deaths
    were 8,189.
        I haven't yet kind of wrapped my mind around what that says
    about the notion of modern warfare, that there would be more
    casualties of contractors, many of whom were veterans, they had
    previously served in the military, than there were of active-
    duty troops. I think it is something that we need to think
    about and contemplate.
        But one thing that I would urge on the Pentagon going
    forward, as we talk about U.S. lives lost in the war on terror,
    that we don't omit the U.S. contractors whose lives were lost.
    They may not have gotten some of the recognition that others
    did, and yet they lost their lives on a similar mission,
    usually under contract with the Pentagon. We would be wise not
    to forget them, but to highlight their sacrifices, as well. So,
    in your forthcoming role in personnel, I just wanted to urge
    you to have the Pentagon think about that. Thank you.
        Chairman Reed. Thank you, Senator Kaine.
        Senator King, if you have no questions, thank you all for
    you, not only service, which has been extraordinary, but your
    commitment to serve again. Your responses were compelling.
        I can't outdo the ranking member in his praise, so I will
    stop right there, and we look forward to bringing your
    confirmation before us as quickly as possible and getting you
    to work. Thank you all very much.
        With that, the hearing is adjourned.
        [Whereupon, at 10:58 a.m., the Committee adjourned.]
                                    ------

        [Prepared questions submitted to Mr. John B. Sherman by
    Chairman Reed prior to the hearing with answers supplied
    follow:]

                            Questions and Responses
                           duties and qualifications
        Question. Titles 10, 40, and 44 U.S. Code, establish a diversity of
    duties and responsibilities for the Chief Information Officer (CIO) of
    the Department of Defense.
        What is your understanding of the duties and functions of the CIO?
        Answer. It is my understanding that the DOD CIO serves as the
    primary advisor to the Secretary of Defense for information technology,
    management, and assurance; as well as non-intelligence space systems,
    critical satellite communications, navigation and timing programs;
    spectrum, and telecommunications. Additionally, I understand that the
    DOD CIO drives technology and cyber transformation to ensure
    warfighters maintain a decisive advantage over adversaries, works with
    industry to identify new solutions, advocates for IT and cyber talent,
    and leads CIOs and other stakeholders from across the Department toward
    modernization goals.
        Question. If confirmed, what if any additional duties and functions
    do you expect that the Secretary of Defense would prescribe for you?
        Answer. If confirmed, I expect that oversight of the Cyber Maturity
    Model Certification (CMMC) activities might be transferred from
    USD(A&S) to the DOD CIO portfolio, under the DOD Chief Information
    Security Officer (CISO). In this scenario, DOD CIO/CISO would provide
    the centralized cybersecurity oversight of the CMMC activities, with
    USD(A&S) maintaining the Department's lead role for overall engagement
    with the Defense Industrial Base.
        Question. What background, experience, and expertise do you possess
    that qualifies you to serve as Chief Information Officer? Please
    include specific examples of insights from your private sector
    experience as a Chief Information Officer or in similar roles, as well
    as your service to date as the Principal Deputy DOD Chief Information
    Officer, that you would apply to your service as CIO, if confirmed.
        Answer. My foundation for the DOD CIO role includes serving as the
    Intelligence Community (IC) CIO, the DOD Principal Deputy CIO (PDCIO),
    and the Acting DOD CIO. All involved experiences with strategic
    leadership of large-scale technology modernizations, which I would
    apply to the DOD CIO role if confirmed. As the IC CIO, I oversaw the
    flagship IC Information Technology Enterprise initiative, where I led
    major updates to cloud computing, cybersecurity, and interoperability
    during my nearly 3 years in the job. At DOD, I oversaw the shift to the
    enduring DOD365 collaboration and productivity suite, accelerated the
    focus on Zero Trust for cybersecurity, moved to meet urgent cloud-
    computing needs with the Joint Warfighting Cloud Capability (JWCC)
    multi-cloud approach, increased emphasis on resilient Positioning,
    Navigation, and Timing (PNT), and launched a new strategy to diversify
    and strengthen our cyber talent. All of this is undergirded by my
    nearly 25 years in the IC as a consumer and user of cutting-edge
    technology.
        Question. Given your observations and experience to date as the
    Principal Deputy DOD Chief Information Officer, if confirmed, what
    innovative ideas would you consider implementing with regard to the
    structure and operations of the information enterprise of the
    Department of Defense?
        Answer. If confirmed, one of my main priorities would be to
    implement Zero Trust across the Department, changing the cybersecurity
    paradigm from one of protecting perimeters to one that assumes
    adversary penetration of the network and employs principles of micro-
    segmentation. Additionally, I would focus on deployment of an
    enterprise multi-cloud solution with JWCC, which is critical to enable
    Joint All-Domain Command and Control (JADC2). I would also work with
    Department stakeholders to identify and deploy increasingly innovative
    and complementary types of PNT to ensure resiliency against growing
    threats. Finally, I would work with DOD components, executive branch
    departments, Congress, and industry on ways to ensure warfighter access
    to critical electromagnetic spectrum capabilities while also
    identifying opportunities to help strengthen US 5G advantage.
                       major challenges and opportunities
        Question. What do you consider to be the most significant
    challenges that you would face if confirmed as the Chief Information
    Officer?
        Answer. Ensuring cybersecurity of the Department of Defense
    Information Network (DODIN) in the face of increasingly capable threats
    would be among my top challenges if confirmed. Additionally, providing
    edge-node capabilities in support of JADC2, such as in the Western
    Pacific and in a highly contested battlespace, would also represent a
    major task to be addressed. Finally, DOD's ability to recruit, retain,
    and reskill IT and cyber talent, especially in an environment of
    increasing competition for key skillsets, represents both a challenge
    and an opportunity to reimagine how DOD manages its civilian and
    uniformed technology professionals.
        Question. What steps, if any, have you already taken to address
    each of these challenges, and, if confirmed what additional steps will
    you take, and on what timeline?
        Answer. I began strengthening the Department's cybersecurity
    posture as Acting CIO by moving the enterprise toward a Zero Trust
    footing, overseeing the Defense Information Systems Agency's (DISA's)
    launch of the ``Thunder Dome'' Zero Trust initiative, the publication
    of a Zero Trust reference architecture, and the preparations for the
    standup of a Zero Trust portfolio management office within DOD CIO. If
    confirmed, I would move out quickly on implementing the key elements of
    Zero Trust, starting with deployment of enterprise Identity,
    Credential, and Access Management (ICAM) in early 2022. Also, I would
    immediately buildupon the partnership between CIO organization and the
    Director, Operational Test and Evaluation (DOT&E), which was
    instrumental in the testing of DOD365 earlier this year and will be
    vital as we ensure the cyber bona fides of commercial cloud
    capabilities. On support to JADC2, in July 2021 I launched the pivot to
    the JWCC multi-cloud approach, which will provide enterprise cloud
    computing capabilities, at all three security levels, from the
    Continental United States to tactical edge environments. While fully
    recused from developments on this procurement since my nomination in
    September 2021, I established the 3Q FY22 award date while still
    serving as the Acting CIO. Finally, I launched the drafting of a cyber-
    talent strategy earlier this year, with a projected publication date of
    early to-mid 2022.
        Question. Describe significant opportunities in the domain of the
    DOD CIO that, in your view, and informed by your service as Principal
    Deputy CIO, DOD has not fully leveraged.
        Answer. Based on my time here in the Department since June 2020, I
    believe that DOD is fully leveraging all facets of the DOD Digital
    Modernization Strategy (DMS) with regards to cloud, cybersecurity,
    data, AI, and command, control, and communications. Deployment of
    modernized capabilities and enhancements, ranging from strengthened
    weapons system cybersecurity to deployments of resilient PNT across the
    force to implementation of the Electromagnetic Superiority Spectrum
    Strategy (EMS3), at the speed and scale necessary to stay ahead of the
    China pacing threat, remains an opportunity for continued progress in
    the CIO domain.
        Question. If confirmed, what specific actions would you take to
    ensure that DOD leverages these opportunities in a suitable and timely
    way?
        Answer. If confirmed, I would leverage established governance
    venues at the enterprise and CIO levels to drive component action on
    areas needing acceleration (remediation of cybersecurity threats, etc.)
    and provide strong, active oversight of Military Department investments
    through planning guidance and budget certification processes. I would
    also work through less formal channels, such as by day-to-day
    engagements with CIOs and other leaders, to sustain unrelenting focus
    on developing and deploying critical capabilities, at speed and scale.
        Question. If confirmed, what follow-on actions (e.g., sustainment,
    enhancement, modification, termination) would you take with regard to
    initiatives established by your predecessor, specifically digital
    modernization, composed of cybersecurity, data management, enterprise
    cloud, artificial intelligence, and joint all-domain command and
    control? Please explain your answers.
        Answer. If confirmed, I would continue efforts against all facets
    of the DOD DMS launched by my predecessor, with appropriate updates in
    areas such as Zero Trust for cybersecurity, an enterprise multi-cloud
    approach, oversight of EMS3 implementation, and other developments and
    opportunities that arise in the constantly evolving technology and
    cybersecurity space. A ``North Star'' for modernization efforts would
    be toward enabling joint warfighting and JADC2, especially in support
    of combat operations in highly contested, edge environments.
        Question. Your predecessor concluded that these initiatives
    required additional personnel with engineering and other technical
    expertise, but was unable to gain approval for these additional
    billets.
        Based on your experience to date as the Principal Deputy and Acting
    CIO, what is your view as to whether the CIO's office requires
    additional manpower and expertise to properly implement these
    initiatives?
        Answer. Based on my experience in DOD CIO, both as Principal Deputy
    and Acting CIO, I believe that the CIO's office is properly staffed for
    its mission. I would reassess this if confirmed, and on an ongoing
    basis, especially in light of additional responsibilities for CIO in
    areas such as Zero Trust, EMS3, and 5G.
        Question. Historically, the DOD CIO, as well as the CIOs of the
    military departments, have been perceived as lacking operational
    expertise and have been more or less confined to non-warfighting and
    non-operational roles. Today, however, the lines between protecting and
    managing administrative information technology networks and operational
    warfighting networks have blurred and integrated enterprise networks
    face common cyber and information warfare threats. CIO's are also
    increasingly called upon to manage information technology initiatives
    that directly impact operational capabilities.
        Should DOD CIOs be, and be seen as, more involved in military
    operational matters, in your view?
        Answer. Yes, at the strategic level. The Department's ability to
    counter advanced adversaries like China and Russia is heavily reliant
    on the digital modernization capabilities that the CIO oversees.
        Question. In your view, should CIOs across the DOD Components
    acquire more operational expertise to be effective in their jobs?
        Answer. Based on my experience, the CIOs in the components are
    highly knowledgeable of their respective organization's operational
    needs, and they adapt and deploy technology accordingly.
        Question. If so, how would such capabilities be acquired and
    documented?
        Answer. A Component CIO's ability to understand and address
    operational needs should be documented in artifacts such as position
    descriptions and vacancies. Also, familiarity with military operations
    and technology requirements to support current doctrine and strategies
    should be a key consideration in hiring.
        Question. The DOD CIO is responsible for a plethora topics that
    affect DOD business and military operations. Is the office
    organizationally aligned correctly? Does it have sufficient staff to
    meet its responsibilities and obligations?
        Answer. Based on my experience, the DOD CIO organization is
    properly aligned and has sufficient staff to meet its responsibilities
    and obligations. As Acting CIO, I elevated the Special Access Program
    (SAP) IT portfolio to a Deputy CIO level in order to ensure the topic
    received appropriate effort and leadership attention. If confirmed, I
    would continually assess all areas of CIO, similar to what I did for
    the SAP IT function, and make necessary adjustments and/or advocate for
    additional resources.
                        civilian control of the military
        Question. If confirmed, specifically what would you do to ensure
    that your tenure as CIO epitomizes the fundamental requirement for
    civilian control of the Armed Forces embedded in the U.S. Constitution
    and other laws?
        Answer. Civilian control of the Armed Forces is a fundamental
    principle of the Constitution, which I would firmly uphold and protect
    if confirmed. If confirmed, I would provide proper and adequate
    direction and meaningful civilian oversight in the course of my duties,
    and advocate to ensure that the office of the DOD CIO has appropriate
    staffing to perform the required civilian oversight.
                         2018 national defense strategy
        Question. The 2018 National Defense Strategy (NDS) outlined three
    lines of effort by which the U.S. would generate decisive and sustained
    military advantage in great power competition and conflict: rebuilding
    military readiness to form a more lethal force, strengthening alliances
    and creating new partnerships, and reforming the Department's business
    practices and culture. At the core of each of these efforts, the NDS
    describes a need for innovation, flexibility, and adaptability, and the
    streamlining of personnel, technology, and infrastructure.
        Do you believe DOD has been successful in implementing the 2018
    NDS? Why or why not? In which lines of effort and nested tasks do you
    perceive a need for continued improvement or additional focus or
    resources? Please explain your answers.
        Answer. I believe DOD has been successful in large part with
    implementing major aspects of the 2018 NDS, especially with regards to
    refocusing efforts from counterinsurgency to greater lethality against
    Nation-State adversaries. Additionally, a continued focus on
    strengthening key partnerships across many regions and nations has
    bolstered DOD, and reforms have resulted in new achievements like the
    Fourth EState Network Optimization (4ENO) initiative. In terms of
    additional focus going forward, especially in a CIO context, a
    continued and robust effort to ensure US weapon systems and networks
    are hardened against near-peer adversary threats must be a priority,
    along with development of new capabilities in areas such artificial
    intelligence (AI), compute and transport in edge/contested
    environments, agile software development (DevSecOps), the future shift
    to 6G, even more resilient PNT, and enabling full dominance of the
    electromagnetic spectrum (EMS).
                  relationships with other department offices
        Question. What is your understanding of the respective
    responsibilities of the Principal Cyber Advisor and the CIO regarding
    the Department's cyber activities and cybersecurity programs and
    architecture?
        Answer. The DOD CIO is responsible for establishing policies,
    standards, and architectures to ensure networks and systems are capable
    of operating in any environment. The DOD CIO also provides budgetary
    and programmatic oversight of Military Departments, Defense Agencies
    and Field Activities (DAFAs), to include the National Security Agency's
    (NSA's) Cybersecurity Directorate. In addition to its oversight of U.S.
    Cyber Command (USCYBERCOM), the Principal Cyber Advisor (PCA) monitors
    the execution of the DOD Cyber Strategy and integrates cyber operations
    policy, programs, and processes across the Department, to include
    cybersecurity objectives under DOD CIO responsibility.
        Question. Does this allocation of responsibilities need to be
    changed or clarified, in your view? Please explain your answer.
        Answer. If confirmed, I would work with USD(P) and other
    stakeholders to review the allocation of responsibilities to ensure the
    Department's cyber mission is being carried out efficiently and
    effectively, and then make recommendations as needed to Department
    leadership.
        Question. What is your understanding of the respective
    responsibilities of the Under Secretary of Defense for Acquisition and
    Sustainment (USD(A&S)) and the CIO for the acquisition of
    cybersecurity, information technology, and command, control, and
    communications systems, including contracting and software development?
    For securing the Defense Industrial Base against cyber attacks? For
    supervising the Strategic Cybersecurity Program?
        Answer. USD(A&S) has oversight of the acquisition process and
    promulgation of acquisition policy to ensure that acquisition programs
    implement DOD cyber security policy throughout the entire acquisition
    lifecycle. The DOD CIO works with USD(A&S) to ensure that system
    acquisitions are compliant with DOD cybersecurity architectures,
    policies, and standards. These responsibilities also apply to the
    Strategic Cybersecurity Program (SCP) where DOD CIO works in
    conjunction with USD(A&S) and other SCP stakeholders to assure the
    cybersecurity of weapon systems and critical infrastructure across the
    acquisition lifecycle.
        Question. Do any of these allocations of responsibilities need to
    be changed or clarified, in your view? Please explain your answer.
        Answer. At this time, I do not believe the overall allocations of
    responsibilities need to be changed or clarified. As the Department's
    senior acquisition official, USD(A&S) is able to leverage its
    authorities and oversight to ensure the incorporation of cybersecurity,
    and adherence to DOD CIO promulgated cybersecurity policies,
    architectures, and standards, in the acquisition of goods and services.
    Also, I believe there might be a transfer of responsibilities for the
    cybersecurity oversight of the CMMC program from USD(A&S) to CIO, with
    USD(A&S) maintaining overall lead for DIB engagement and related
    issues. If confirmed, I will continue to work with USD(A&S) to align
    acquisition and cybersecurity policy while identifying any gaps that
    may arise in our joint cyber assurance responsibilities.
        Question. What is your understanding of the respective general
    responsibilities of the Under Secretary of Defense for Research and
    Engineering (USD(R&E)), the (USD(A&S)), other components of the
    Department of Defense, and the CIO, for the development, procurement,
    and use of artificial intelligence and other emerging technologies?
        Answer. The USD(R&E) is responsible for fundamental AI research and
    developmental prototyping of AI capabilities, and collaborates closely
    with DOD Components to improve the capacity to transition such
    capabilities to production, integration, and operational use. In short,
    USD(R&E) is responsible for advancing the state-of-the-art in AI.
        The USD(A&S) plays a critical role in updating policies on software
    acquisition, including systems that are enabled by AI software.
    USD(A&S) is also responsible for training the DOD acquisition
    workforce, and the JAIC has been a close partner in training this
    community on best practices in AI acquisition.
        The Military Departments continue their mission of ``man, train,
    and equip,'' and the JAIC seeks to provide enabling services to, for
    example, program offices to accelerate their incorporation of AI
    capability.
        In a 2019 memorandum, the then-Deputy Secretary of Defense
    designated the Director of the JAIC as the senior designated official
    for AI, as required by Sec. 238 of the fiscal year 2019 NDAA. The
    Senior Official role includes principal responsibility for the
    coordination of activities relating to the development and
    demonstration of AI and machine learning for the Department. As the
    JAIC is now a direct report to the Deputy Secretary of Defense, the
    JAIC Director meets regularly with the DOD CIO to ensure
    synchronization across the information enterprise, especially on
    enterprise priorities such as the AI and Data Accelerator (ADA)
    Initiative.
        Question. More specifically, what is your understanding of the
    CIO's continued responsibilities for artificial intelligence once the
    Director of the Joint Artificial Intelligence Center is realigned to
    report directly to the Deputy Secretary of Defense?
        Answer. The DOD CIO will continue to play an important enabling
    function in DOD AI transformation through its management of the
    foundational networks, platforms, IT infrastructure, and policies that
    facilitate AI capability development. The DOD CIO and the JAIC are
    close partners in executing the ADA Initiative, and the DOD CIO serves
    as a member of the ADA Implementation Management Executive Steering
    Group, which oversees the ADA Initiative.
        Question. Does this allocation of responsibilities need to be
    changed or clarified, in your view? Please explain your answer.
        Answer. In my view, this allocation of responsibilities is
    appropriate to ensure the necessary implementation and integration of
    AI within the Department, while also ensuring the DOD CIO and JAIC
    continue to collaborate seamlessly on key issues and projects.
        Question. What is your understanding of the respective roles and
    responsibilities of the CIO and the DOD Chief Data Officer, who will
    now report directly to the Deputy Secretary of Defense, with respect to
    data policy, standards, and architectures?
        Answer. Currently, the DOD Chief Data Officer (CDO) reports to the
    DOD CIO. Both DOD CIO and CDO have complementary roles with respect to
    policy, standards, and architectures. The DOD CDO governs the
    development of data-related policies, standards, and architectures
    which ensure data is visible and accessible in an open, non-proprietary
    format. The DOD CIO leads the development and implementation of the IT
    and transport architecture that move data to the point of need, as well
    as the cybersecurity that protects the data. My experience in the IC
    has shown the benefit of having these as distinct roles working in
    peer-level partnership.
        Question. What is your understanding of the respective
    responsibilities of the USD(R&E), USD(A&S), and the CIO in prioritizing
    research and development activities that will provide enhanced
    information enterprise capabilities for the future of the DOD?
        Answer. My understanding is that emerging technology is typically
    first identified by USD(R&E) professionals. As the technology begins to
    mature, either organically or in the commercial space, DOD CIO partners
    with USD(R&E) to ensure relevant IT capabilities, policy, and guidance
    are in place. Collectively, our collaboration ensures USD(A&S) has both
    the relevant acquisition pathway identified and baseline level of
    technological understanding to complete a system's journey from
    research to pilot to operational deployment. I believe that all three
    organizations--CIO, USD(R&E), and USD(A&S)--are critical to achieving
    digital modernization and, if confirmed, I am committed to working with
    both organizations to provide enhanced information enterprise
    capabilities to the DOD.
        Question. What is your understanding of the respective
    responsibilities of the Executive Committee on Electronic Warfare, the
    Designated Senior Official established under section 1053 of the
    National Defense Authorization Act (NDAA) for Fiscal Year 2019, the
    CIO, and the Principal Information Operations Advisor to the Secretary
    of Defense, for the management of electronic warfare; electromagnetic
    operations, standards, and policy; and information operations?
        Answer. The Executive Committee on Electronic Warfare (EWEXCOM)
    functions as an advisory body to key senior level DOD decision bodies
    on investment, development, acquisition, sustainment, and intelligence
    integration on Electronic Warfare (EW) investments.
        The Senior Designated Official (SDO) of the EMSO Cross-Functional
    Team (CFT) has two primary areas of responsibility: (1) provide
    recommendations on resource allocation and investments in the EMSO
    mission areas; and (2) propose EMSO governance, and operational reforms
    to the Secretary of Defense through the EWEXCOM. The SDO is in the
    process of transferring EMS3 execution and oversight responsibilities
    to the CIO.
        Pursuant to Department of Defense Directive 3610.01, the DOD CIO,
    as the Principal Staff Assistant (PSA) for EMS: (1) advises the
    Secretary of Defense on matters related to the EMS and EMS regulatory
    activities globally, including national and international fora; (2)
    develops and provides guidance on DOD strategies and policies in
    support of operations in the EMS; (3) informs DOD strategies on EMS
    command, control, and coordination system investments; (4) develops
    instructions to clarify EMS roles and responsibilities in greater
    detail; (5) advises the DOD Component heads on DOD investment
    strategies for EMS-dependent systems; (6) establishes a review and
    evaluation process that considers all EMS requirements; (7) ensures all
    DOD EMS users are involved in all DOD spectrum-related decisionmaking
    processes; and (8) in coordination with the USD(R&E), USD(A&S), and the
    Chairman of the Joint Chiefs of Staff, provides oversight of EMS-
    related capability development to the EWEXCOM as the governance
    structure.
        Pursuant to 10 US Code 397, the USD(P) serves as the Principal
    Information Operations Advisor to the Secretary of Defense, and
    provides advice on all aspects of information operations conducted by
    the Department, including support operations, electromagnetic warfare,
    special technical operations, operations security, cyberspace
    operations, and military deception.
        Question. Do these allocations of responsibilities need to be
    changed or clarified, in your view? Please explain your answer.
        Answer. It is my understanding that revisions to DOD Directive
    5144.02 are in progress and that these will clarify the CIO's EMS
    governance responsibilities. Multiple studies have revealed governance
    as a major challenge for DOD spectrum operations, including dispersed
    responsibilities across the Department at various organizational
    levels. The entire Department is embracing an enterprise approach to
    create unity of effort across the organizations and is aligning EMS
    efforts.
        Question. What do you perceive to be the appropriate relationship
    between the DOD CIO, the CIOs of the Military Departments and Defense
    Agencies, and the Joint Staff J6?
        Answer. I believe the DOD CIO must set the strategy and direction
    for digital modernization priorities and lead the DOD technology
    enterprise. There should be close collaboration with the other CIOs and
    the Joint Staff (JS) J6, with the DOD CIO facilitating partnership,
    sharing of best practices, a willingness to hear suggestions, and an
    environment to make changes when better solutions or approaches arise.
    The DOD CIO must also be attuned to the operational needs conveyed by
    the other CIOs and JS J6, and ensure that Department initiatives don't
    occur at the expense of user experience and mission effectiveness. All
    the while, the DOD CIO must ensure adherence to standards, strategic
    guidance, and policies--holding a hard line where necessary, while also
    maintaining flexibility to capitalize on emerging opportunities.
    Success relies on close communication, trust, and transparency between
    the DOD CIO and the other IT and cyber leaders.
        Question. If confirmed, how would you ensure consistency of
    approach and unity of effort to strategy development, planning,
    policymaking, and oversight, in the information enterprise across the
    Department of Defense?
        Answer. If confirmed, I would partner and meet frequently with the
    CIOs of the Military Departments, including the US Coast Guard,
    National Guard Bureau, Commander USCYBERCOM, and Director of DISA, to
    establish the right strategy to collaboratively develop and maintain a
    modern and dynamic information enterprise that is cyber-secure and
    responsive to the Department's needs. I would also consider
    establishing and/or strengthening joint governance forums to vet issues
    and ensure consistent implementation of infrastructure enhancements,
    with a special focus on leveraging commercial solutions to get the best
    capabilities to our users in the shortest period of time while
    enhancing security and minimizing cost.
        Question. If confirmed, how would you avoid unnecessary duplication
    between your efforts as the Department's CIO and the CIOs for each of
    the Military Departments?
        Answer. If confirmed, I would avoid duplication of efforts with the
    Military Departments through governance, communications, and oversight
    empowered by data-driven analytics via the Advana platform. If we
    identified a redundant or duplicative activity, I would direct that we
    quickly review its rationale and determine whether it should proceed,
    and, if not, how the requirement could be met using a current or
    forthcoming enterprise capability.
        Question. In your role as the Principal Deputy CIO, have you
    observed or experienced circumstances in which critical information
    enterprise responsibilities have been ``dropped'' or otherwise left
    undone? If so, please explain your answer and describe how you have or
    will rectify the situation. If confirmed, what systemic changes would
    you introduce to avoid this same circumstance going forward?
        Answer. Defending our Nation and ideals of freedom is no longer
    confined to traditional battlefields, with adversaries now targeting
    not just our military facilities, defensive assets, and soldiers, but
    also the networks, critical infrastructure, and individual citizens
    that support our way of life. Their weapon and target of choice is
    information and data.
        Improving the Department's technological agility and speed while
    enhancing our cyber posture remains a critical challenge, one that
    requires a comprehensive approach driven as a collaborative effort by
    the Department's leadership. If confirmed, I would continue to work
    along with the USD(A&S), USD(R&E), and other stakeholders to push rapid
    technical improvement, agility, and resiliency through the Department's
    Software Modernization initiative and other priorities in the DOD DMS.
        Question. What is the role of the DOD CIO vis-`-vis the Defense
    Digital Service and the United States Digital Service in developing and
    deploying software expertise and capabilities for the Department of
    Defense, and in assessing and correcting information technology-related
    problems across the Department?
        Answer. It is my understanding that DOD CIO and the Defense Digital
    Service (DDS) are well-aligned. There is a shared desire to improve the
    way software is designed, developed, deployed, and secured across the
    Department. DDS is a proven source of innovation inside the Department
    and provides perspectives that have led to cultural changes with how
    DOD approaches software development. The Department is working to
    adopt, adapt, and scale both their methodology and its tools. In
    addition, DDS has been a strong partner to CIO in designing and
    implementing next-generation network security solutions, such as Zero
    Trust and cloud computing.
        Question. What do you perceive to be the appropriate relationship
    between the DOD CIO and the Principal Cyber Advisor to the Secretary of
    Defense?
        Answer. The PCA provides the DOD CIO insight into cyber policy and
    broader perspectives on areas dealing with oversight of USCYBERCOM,
    while the CIO provides the PCA with an understanding of enterprise-
    level IT modernization and defensive cyber activities. There should
    always be a close partnership between the PCA and CIO, especially on
    areas such as the SCP, the nexus between offensive cyber strategy and
    the CIO's defense cybersecurity portfolio, cyber investment strategy,
    and advocacy for cyber talent and education within the Department.
        Question. How do you assess the current division of labor in
    cybersecurity between the DOD CIO, the USD(A&S), the Under Secretary of
    Defense for Intelligence and Security (USD(I&S)), and the Under
    Secretary of Defense for Policy (USD(P)) in securing the Defense
    Industrial Base and Defense Critical Infrastructure?
        Answer. Securing the DIB and Defense Critical Infrastructure
    against a determined and well-resourced adversary requires a
    coordinated team effort. DOD CIO, USD(A&S), USD(I&S), and USD(P) work
    in coordination with one another to accomplish this objective. The
    Department must understand the intent and ability of our adversaries
    through intelligence programs administered by USD(I&S), develop and
    oversee execution of cybersecurity policies, standards, and
    architectures through the efforts of DOD CIO, ensure that programs and
    acquisitions adhere to cybersecurity best practices through the
    oversight of USD(A&S) and ensure effective cross-functional
    coordination and mission assurance through the efforts of USD(P).
        Question. How do you envision the coordination and integration of
    cybersecurity architectures and capabilities under the oversight of the
    CIO with those under the direct supervision of Commander, U.S. Cyber
    Command, such that they complement and support each other, as directed
    by Congress in law?
        Answer. The Department maintains the DOD Cybersecurity Reference
    Architecture (CSRA), which is the foundational guidance for the
    implementation of cybersecurity capabilities. DOD CIO works closely
    with USCYBERCOM and the Services to maintain the CSRA and develop
    capability-specific architectures such as the ICAM Reference Design and
    the Zero Trust Reference Architecture. If confirmed, as the need for
    new capabilities or modernization is identified, I would ensure
    USCYBERCOM and DOD CIO would work together to determine the best
    approach to address gaps and ensure DOD networks and information are
    properly protected. USCYBERCOM is a key participant in DOD governance
    bodies and in developing cybersecurity capability requirements and
    implementation guidance with DOD CIO.
        Question. Please explain how, if confirmed, you would plan to
    improve coordination with Joint Force Headquarters-DODIN (and CYBERCOM)
    with its operational responsibilities to protect DOD information
    networks.
        Answer. If confirmed, I would look for ways to better leverage
    JFHQ-DODIN's operational chain of command to publish and enforce cyber
    tasking orders on high-priority cybersecurity issues. When cyber
    threats are discovered and a tasking order has been issued, it is
    critical the threats are remediated quickly.
        Question. In your view, where do DOD CIO and Joint Force
    Headquarters-DODIN (and CYBERCOM) have shared responsibilities and
    separate responsibilities in protecting the DOD information network?
        Answer. The DOD CIO is the PSA and senior advisor to the Secretary
    of Defense for IT, and in that capacity develops DOD strategy and
    policy on the operation and protection of all DOD IT and information
    systems, including development and promulgation of enterprise-wide
    architecture requirements and technical standards, and enforcement,
    operation, and maintenance of systems, interoperability, collaboration,
    and interface between DOD and non-DOD systems. Through the DOD CISO,
    the office of the DOD CIO establishes the DOD Cybersecurity Program,
    and is the Chief DOD Cybersecurity Risk Manager. The Commander of
    USCYBERCOM directs the security, operations, and defense of the DODIN,
    in accordance with the Unified Command Plan. The Commander of
    USCYBERCOM has delegated authority to the JFHQ-DODIN to command and
    control, plan, direct, coordinate, integrate, and synchronize DODIN
    operations and defensive cyberspace operations--internal defense
    measures in order to secure, operate, and defend the DODIN. Thus, there
    is a significant shared responsibility in the securing and defending of
    the networks. The DOD CIO develops the strategy and policy, and
    strategic risk acceptance tolerance in partnership with USCYBERCOM,
    which USCYBERCOM and JFHQ-DODIN implement in day-to-day cyber defensive
    operations.
        Question. What do you view as the appropriate role of, and
    relationship between, the DOD CIO and the Director of the National
    Security Agency with respect to securing National Security Systems
    across the government?
        Answer. The Director of NSA is also the National Security Systems
    (NSS) National Manager and in that role is responsible to the Secretary
    of Defense for the security of NSS and to the Director of National
    Intelligence for those NSS that also qualify as intelligence systems.
    The DOD CIO ensures compliance with the requirements of National
    Security Directive (NSD) 42, which is the policy for the security of
    National Security Telecommunications and Information Systems, and
    collaborates with the National Manager on the performance of the
    National Manager's duties, per Executive Order 12333, as to all systems
    within the DOD. Outside of DOD, the DOD CIO chairs the Committee on
    National Security Systems (CNSS), which sets policy for NSS across the
    government.
        Question. What do you view as the appropriate role for the DOD CIO
    Officer vis-`-vis the USD(A&S), the USD(I&S), and the USD(R&E) in
    securing the Defense Industrial Base and other national security
    research and technology organizations from adversary cyber threats so
    as to ensure the integrity and security of DOD's classified
    information, controlled unclassified information, and other key data?
        Answer. In my view, the current role is appropriate as the DOD CIO,
    in coordination with the Defense Cyber Crime Center (DC3) and NSA's
    Cybersecurity Directorate, maintains an active program of sharing cyber
    threat information and responds to adversary activity. This partnership
    extends to USD(A&S), which is responsible for planning, coordinating,
    and synchronizing cybersecurity throughout the DIB; USD(I&S), which is
    responsible for developing guidance for and overseeing the DOD
    industrial security program; and USD(R&E), which is responsible for
    working closely with the DIB on new technologies, to include in the
    cybersecurity realm.
      acquisition of information technology and cyber infrastructure and
                                  capabilities
        Question. How can the DOD CIO encourage the appropriate use of
    rapid acquisition approaches and the ``agile'' method in regard to
    software development?
        Answer. Many software-intensive systems would benefit by
    transitioning to a software acquisition pathway that demands adoption
    of modern software development techniques, including agile practices.
    To drive this change in approach, I understand that DOD CIO partnered
    with USD(A&S) to release the DOD Enterprise DevSecOps Strategy
    Guidance. In addition, DOD CIO is driving the adoption of enterprise
    services that are specifically aligned to software development tooling
    and expressly linked to acquisition pathways that are agile by design.
        Question. What are your views on the role of data and data science
    in supporting information system acquisitions and the ``agile''
    lifecycle?
        Answer. I believe that increased use of data is critical to
    informing and managing all of our acquisition processes, particularly
    information systems and modern software. As DOD modernizes its approach
    to make use of ``agile'' approaches, data engineers and data scientists
    will increasingly be integral members of the Department's software
    development teams. They are critical enablers of modernized software
    Development, Security and Operations (DevSecOps), which will result in
    increased delivery speed, security, and performance.
        Question. In your view, does the existing Department of Defense
    budgeting, programming, and acquisition process suffice for information
    technology acquisition, particularly software-intensive work, or do you
    plan to review such processes?
        Answer. In my view, existing Department of Defense budgeting,
    programming, and acquisition processes are aligned to meet the
    Department's mission. In addition to the Department's overarching
    Planning, Programming, Budget and Execution (PPBE) and acquisition
    processes, I understand that the Department recently issued updated
    software acquisition policy that provides an adaptive acquisition
    framework to enable delivery of effective, resilient, supportable, and
    affordable solutions to end users in a timely manner.
        Question. In your view, how should the DOD information enterprise
    balance the acquisition and adaptation of commercially available, off-
    the-shelf cybersecurity, information technology, and business systems
    with the development and acquisition of government-unique solutions?
        Answer. I believe that adapting the Department's routine day-to-day
    business processes in order to realize the cost savings found in
    adopting commercial information technology systems must become the
    norm. NSS, however, bring additional complexity, with mission execution
    parameters being highly rigid for very specific reasons. In this space,
    successful mission execution justifies the Department's investment for
    specific mission needs into government-unique solutions. I believe that
    the balance of commercial-off-the-shelf (COTS) and government-off-the-
    shelf (GOTS) products is justified within the Department, but care must
    be given to ensure balance based on mission need.
        Question. How should DOD balance the procurement of information
    technology-and cybersecurity-as-a-service and the requirement to use
    the government workforce to perform enduring missions and inherently
    governmental functions?
        Answer. I understand that the Department takes a risk-based
    approach to the procurement of IT and cybersecurity-as-a-service,
    seeking maximum effectiveness for the warfighter with an eye toward
    overall affordability and placement of inherently governmental
    functions. The Department also weighs risk when making decisions
    regarding its workforce mix, and the DOD CIO has implemented an
    adaptable the DOD Cyber Workforce Framework (DCWF) to enhance the
    development and preparedness of its total force as the scope continues
    to evolve.
        Question. In your view, what role should the Defense Information
    Systems Agency (DISA) play in facilitating the development,
    acquisition, and sustainment of information technology and
    cybersecurity capabilities across the Department of Defense?
        Answer. DISA provides a unique and enterprise-wide mission set of
    applications and services used by every Combatant Command (CCMD),
    Military Service, and DAFA, currently leading the development and
    acquisition of capabilities and services across the Department
    including for use across the DOD Information Network. It delivers
    critical warfighter IT capabilities quickly and efficiently across the
    Department including provision of foundational worldwide IT transport
    infrastructure for the DOD and mission partners. I believe that DISA is
    in a key position to gather, coordinate and understand the pressing
    needs of DOD in all phases of the acquisition lifecycle and will
    continue to lead the department in the development and delivery of
    cutting-edge technology.
        Question. Congress enacted legislation directing that the National
    Security Agency's Cybersecurity Directorate conduct and support
    cybersecurity market research, testing, and acquisition across the
    Department of Defense. If confirmed, what actions would you take to
    ensure that this legislation is properly implemented?
        Answer. If confirmed, I would ensure the roles and responsibilities
    are assigned to NSA and promulgated in Department policies. I would
    also ensure that DOD maintains a program to improve acquisition of
    cybersecurity products and services consisting of market research,
    testing, and expertise transmission, or augments to existing programs,
    to improve the its evaluation of cybersecurity products and services.
        Question. What do you view as the appropriate role of the DOD CIO
    in working to ensure that software code developed by and for the
    Department of Defense is vulnerability-free and produced using secure
    development processes?
        Answer. Software systems are incredibly complex ``systems of
    systems.'' Understanding the composition of software through a software
    bill of materials is a mandatory first step in understanding and either
    mitigating or consciously accepting a degree of cybersecurity risk. It
    also is a prerequisite for responding to newly discovered
    vulnerabilities to determine what software in our inventory are
    affected and need immediate attention. If confirmed, I will drive
    Department-wide policy and establish timely guidance for generating,
    ingesting, and analyzing these software bills of materials.
        Question. As a co-chair of the Defense Business Council, what are
    your plans for using the annual Title 10 Section 2222 certification
    requirements to limit funds available to programs that, for example,
    don't comply with the Business Enterprise Architecture or with the
    Department's auditability requirements?
        Answer. The Department plans to utilize an IT portfolio management
    process to optimize business systems and meet performance requirements,
    maintain pace with technological advancement, and eliminate unnecessary
    costs and vulnerabilities. The Defense Business Council will rely on
    the annual certification process to enforce portfolio management
    decisions and ensure that business systems and their associated budgets
    align with DOD modernization objectives. If confirmed, I would provide
    active oversight of and involvement in these processes.
        Question. If confirmed, how would you plan to continue DOD's
    efforts to update its Business Enterprise Architecture while also
    working to better integrate the business architecture with the
    department's IT Architecture?
        Answer. If confirmed, I would ensure that the Business Enterprise
    Architecture and the IT Enterprise Architecture are integrated into the
    DOD IT Portfolio Management process in order to provide the functional
    descriptions of the business and information enterprise necessary to
    achieve modernization and efficiency objectives. This will enable the
    DOD to assess current business systems and IT infrastructure and
    services, identify gaps, overlaps, and vulnerabilities, thereby
    informing investment decisions.
        Question. There have been a number of recent and sometimes public
    disagreements on how DOD components approach technology modernization,
    of which culture transformation is a critical element. What is an
    actionable strategy toward working with entrenched interests and
    practices to accelerate modernization? What does success look like in
    one, three, 5 year horizons?
        Answer. If confirmed, ensuring that the Department modernizes the
    way it delivers software would be among my top priorities. Transforming
    from an environment where software deliveries are measured in years to
    one where deliveries are measured in minutes requires significant,
    deliberate change to our business processes, policies, workforce, and
    technology. This transformation demands a coordinated effort to
    reimagine today's environment and to rapidly address the challenges
    inherent in our current ways of acquiring, testing, securing, and
    deploying software. To that end, I understand that a DOD Software
    Modernization Strategy, developed by the DOD CIO, the USD(A&S), and the
    USD(R&E)--and built upon the already released DevSecOps Strategy
    Guide--will be published soon. This strategy defines the approach to
    accelerating the DOD enterprise cloud environment, establishing a
    Department-wide software factory ecosystem, and transforming DOD
    processes to enable technology resilience and agility.
        Question. The Department only recently migrated to Microsoft 365,
    with a mandatory shutdown of the Commercial Virtual Remote capability
    in June 2020. As a result of this transition, DOD has lost a
    significant amount of collaboration capability with external
    organizations, including the congressional oversight committees. What
    is your plan to rectify these technical challenges such that
    interoperability with external organizations improves?
        Answer. The DOD CIO office spearheaded the deployment of
    capabilities that have maximized DOD365 offerings with more
    enhancements from Microsoft being implemented in the environment. Today
    DOD can conduct meetings and have individual chats via Teams with any
    organization, to include communication within and external to the
    Department. The DOD CIO office authored and delivered a guide to assist
    our partners in enabling these capabilities. If confirmed, I will
    ensure DOD CIO continues to work with Microsoft to prioritize
    capabilities in order to maintain commercial parity in the more secure
    environment offered by DOD365, all the while remaining in close
    coordination with other stakeholders across the enterprise.
                      science, technology, and innovation
        Question. What are the key technologies that DOD should be
    supporting through research and development funding and procurement
    activities that will contribute to the effective execution of
    information systems modernization?
        Answer. I believe that AI remains a cornerstone technology in our
    competition with China. Effective information system modernization will
    certainly benefit from advances in AI and machine learning. Adoption
    requires an ecosystem where cutting-edge commercial innovations and
    models can be installed, explored, and evaluated without fear of
    operational impact. Synthetic representational data must be supported
    in order to sit side-by-side with industry and work unencumbered from
    controlled unclassified information (CUI) and classification concerns.
    If confirmed, I would work closely with the Director of the JAIC,
    USD(R&E), and others to ensure DOD pursues a leadership position in the
    research and development of enabling AI-empowered and validated Zero
    Trust architectures. I would also advocate for technologies that
    advance and increase network bandwidth, such as through the integration
    of additional low-earth orbit (LEO) satellite communications to further
    compliment terrestrial capabilities. As network traffic continues to
    increase, I believe that more research into improving data compression
    algorithms would greatly benefit the information enterprise.
        Question. What do you see as the most significant challenges (e.g.,
    technical, organizational, or cultural) to successful development of
    the key technologies for which the CIO bears significant
    responsibility?
        Answer. The DOD CIO is responsible for information technology (IT),
    including NSS and defense business systems (DBS), information resources
    management (IRM), and efficiencies. Just by virtue of its size and
    complexity, the Department faces challenges in making large-scale
    changes at the enterprise level in areas such as adapting current
    systems, workflows, and data to work with modern technology frameworks
    such as Zero Trust and development, security, and operations
    (DevSecOps) frameworks. If confirmed, ensuring success against these
    challenges would be among my top priorities.
        Question. Are the Department's investments in these technologies
    appropriately focused, integrated, and synchronized across all Military
    Departments and the Defense Agencies?
        Answer. With the DOD DMS, I believe the Department is committed to
    properly focusing, integrating, and synchronizing key technology areas
    in cybersecurity, AI, cloud, and command, control, and communications.
    This strategy remains highly relevant, complementing the Department's
    long-term investments in AI that will enhance the foundation of US
    defense capabilities relative to China and others. In my view, we
    already have seen the impact of the DOD DMS in the digital
    transformation strategies published by the Military Departments and
    DAFAs. If confirmed, I would use the DOD CIO's budget certification
    authorities to ensure the Department's IT and cyberspace activities
    budgets are sufficient to improve business platforms and improve joint
    warfighting.
        Question. If confirmed, what efforts would you undertake to
    identify new technologies developed commercially by the private sector
    and apply them to national security and warfighter purposes?
        Answer. I believe that industry outreach is critical in this area.
    The Department has seen success, for example, in the Air Force's
    curated ``Ask Me Anything'' sessions with industry, and a desire from
    industry to directly offer feedback on DOD DevSecOps reference designs.
    If confirmed, and in close coordination with other stakeholders such a
    USD(A&S), USD(R&E), and the Military Departments, I would foster forums
    where industry can directly engage with the DOD and offer feedback to
    highlight areas where innovation is occurring. Strengthening
    relationships with the venture capital industry to create communication
    channels is another mechanism the Department could consider for more
    rapid identification of new technologies under development.
        Question. What responsibilities does the CIO have within the Office
    of the Secretary of Defense with respect to planning and directing the
    research and development of new, advanced information technologies?
        Answer. The DOD CIO is the senior advisor to the Secretary of
    Defense for IT, including NSS and DBS, information resources management
    (IRM), and efficiencies. The DOD CIO advises the Defense Acquisition
    Board, Defense Space Council, Cyber Investment Management Board, Cyber
    Council, Defense Innovation Board and serves as the chair of the
    Committee on National Security Systems. I believe that addressing the
    Department's needs for research and development of new technologies
    requires ongoing collaboration. If confirmed, I will establish close
    working relationships and collaborative engagements with my peers to
    more effectively address the Department's research and development
    priorities. Additionally, the CIO should maintain a close relationship
    with USD(R&E) leadership to provide inputs on enterprise technology
    requirements and receive feedback on cutting-edge opportunities for
    further exploration.
        Question. Given the leading role of commercial industry in
    developing cutting edge information technology, what is the CIO's role
    in identifying and adapting key commercially developed technology for
    the Department?
        Answer. The DOD CIO should ensure open lines of communication with
    commercial engagement and open up new opportunities for industry
    partners to deliver new innovations and technologies to address DOD
    mission needs. The Department continues to make significant strides in
    its ability to leverage nontraditional partners and commercial
    solutions.
        Question. What are the major emerging technologies and software
    development practices that you believe will have the greatest effect on
    the success of the Department's information enterprise into the future?
        Answer. I believe that the speed that emerging technologies appear,
    mature, and impact operational environments is accelerating, and
    ubiquitous adoption of both cloud and DevSecOps enables success in
    tomorrow's information environment. Its greatest effect could come from
    unleashing the creativity of our civilian and military workforce,
    moving beyond the pockets of innovation that exist today to a widely
    accessible ecosystem. This is fundamentally important because it
    enables junior officers and civilians, who are digitally savvy and
    extremely innovative, easy access to virtual enclaves with appropriate
    cybersecurity guardrails.
                 budget review and standards-setting authority
        Question. Section 909 of the NDAA for fiscal year 2018 empowered
    the DOD CIO to exercise budget review and certification authority to
    ensure that the budgets of Department of Defense components with
    responsibilities associated with any activity specified in section
    142(b)(1) of title 10, U.S. Code, are adequate for such activities.
        In your experience, how has this budget review and certification
    authority been used to shape the modernization and prioritization of
    cybersecurity and information technology infrastructure? If confirmed,
    to what investments and objectives would you envision this authority
    being best put to use?
        Answer. The DOD CIO budget review and certification authority has
    been invaluable in helping shape and influence proper investment in IT
    and cybersecurity capabilities that are critical to supporting the NDS
    and the DOD DMS.
        If confirmed, I will use this authority to ensure that the
    Department resources critical IT and cybersecurity investments that
    support the NDS, DOD DMS, and emerging requirements such as Zero Trust
    architecture, 5G technologies, cloud computing, and enterprise
    solutions.
        Question. What actions would you propose to take, if confirmed, to
    ensure that directives, policies, and standards originating from the
    Office of the DOD CIO are adopted and implemented consistently and
    rapidly throughout the Department? If confirmed, by what specific means
    and methods would you exercise your oversight responsibilities to
    assess other DOD Components' adherence to your directives?
        Answer. If confirmed, I will work closely with the Military
    Department and DAFA CIOs to ensure they understand and are consistently
    implementing DOD CIO policies and directives. I will also use existing
    DOD governance forums, such as the Council on the Oversight of the
    National Leadership Command, Control, and Communications System; PNT
    Oversight Council; Command, Control, and Communications Leadership
    Board; CIO Resources Board; and Digital Modernization Infrastructure
    Executive Committee to support my oversight responsibilities. Finally,
    I will also continue to leverage the budget review and certification
    authority that Congress has provided to ensure compliance with DOD CIO
    policies and directives.
                           cybersecurity architecture
        Question. In your view, what are the major challenges facing the
    Department of Defense as regards its cybersecurity programs and
    capabilities?
        Answer. DOD is a large organization that executes the budget in a
    decentralized fashion to achieve DOD-wide objectives in support of the
    warfighter. I believe that synchronization of those decentralized
    activities remains a key challenge. The Cybersecurity Reference
    Architecture enables organizations to align cybersecurity needs, goals,
    objectives to better integrate policies and acquisitions. Additionally,
    consistent application of the Cybersecurity Reference Architecture
    promotes adherence to common approaches and reuse of known, secured
    design patterns to repeatedly instantiate standardized, interoperable,
    and consistent solutions.
        Question. In your view, how effective are the Department's
    cybersecurity programs, capabilities, and common infrastructure--at the
    perimeter, at the network layer, and across endpoints--in detecting and
    defeating advanced persistent threats in real-time?
        Answer. In my view, the perimeter, network lawyer, and endpoint
    capabilities and DOD in-depth approach to cybersecurity has protected
    Department resources against the relatively unsophisticated tradecraft
    of the past. However, against well-resourced adversaries of increasing
    sophistication and insider threats, I believe DOD needs to do better.
    If confirmed, I would ensure the Department moves to a data-centric,
    Zero Trust concept based on micro-segmentation to better protect
    critical networks and information that will allow cyber defenders to
    detect and defeat advanced persistent threats (APTs).
        Question. In the wake of multiple severe cybersecurity breaches
    across industry and government organizations, DOD's stated goal is to
    accelerate adoption of ``Zero Trust'' architectures and capabilities.
        How should the transition to a ``Zero Trust'' architecture affect
    the Joint Regional Security Stack program for both unclassified and
    classified networks, and the Department's Internet Access Points?
        Answer. I believe that the transition to Zero Trust will evolve the
    Department's approach with the Joint Regional Security Stack (JRSS)
    deployments. The JRSS Program Management Office is planning to phaseout
    JRSS, but will continue to maintain the 15 NIPRnet Joint Regional
    Security Stacks that supports approximately 1.5 million users until
    phase-out activities are complete. I understand there will be no
    deployment of JRSS on the SIPRnet due to DISA's implementation of its
    new ``Thunder Dome'' Zero Trust initiative.
        Question. What are the most important features of the ``Zero
    Trust'' Architecture that should be fielded over the next several
    years? Does the Department have approved plans and resources to achieve
    this objective?
        Answer. The DOD Zero Trust Reference Architecture was publicly
    released in May 2021 and is being incorporated into the Department's
    Cybersecurity Reference Architecture. In response to the Executive
    Order 14028 on Improving the Nation's Cybersecurity, the Department
    released the initial Zero Trust Plan in July 2021. This plan will be
    continually edited and updated. I believe the most important features
    of the Zero Trust Architecture that will be fielded are end-point
    security technologies and an enterprise ICAM solution.
        Question. The Military Departments, the Defense Agencies, and the
    combatant commands are migrating to standardized cloud-based
    capabilities provided by Office 365. However, only the Navy is
    acquiring the set of comprehensive cybersecurity applications and
    capabilities available as options under this program. These
    cybersecurity capabilities are integrated and interoperable, and enable
    automated orchestration of security operations. These capabilities are
    supported by artificial intelligence, and meet ``Zero Trust''
    Architecture goals.
        As DOD has been unable to achieve an integrated, interoperable, and
    automated security enterprise through decentralized acquisition of
    commercial products, do you intend to consider mandating that all DOD
    Components acquire and implement a standardized set of capabilities
    through the M365 program that would enable that goal?
        Answer. The Department is steadfast in its commitment to advance
    Zero Trust capabilities across all facets of its Information
    Enterprise. While the Navy's decisions to pursue a holistic solution
    from a single vendor meets their individual requirements, the DOD CIO,
    in partnership with USCYBERCOM, established a process for a
    cybersecurity baseline for DOD365 and minimum viable products to be
    tested by red teams, under the direction of DOT&E, to inform decision-
    based outcomes on both cybersecurity and affordability for the DOD365
    cloud environment. Additionally, the DOD CIO office is in the process
    of establishing a Zero Trust Portfolio Management Office that will
    provide strategic guidance and oversight to ensure the Department
    adopts Zero Trust principals appropriately and in a timely fashion.
    This portfolio management office is a first major step to bring synergy
    and strategic oversight to a new and sophisticated cybersecurity
    architecture for the entire Department at scale.
        Question. Does the DOD CIO have the authority to issue such a
    mandate, in your view?
        Answer. In my view, DOD CIO indeed maintains the authorities for
    such a mandate. Current statutes (Title 44, Sec 3544) grant the DOD CIO
    authority to establish and enforce standards across all of DOD, to
    include the Military Departments and DAFAs for capabilities to operate
    on defense networks. Similarly, DOD CIO responsibilities codified in
    Section 142 of Title 10 provide the DOD CIO with statutory authority
    over Military Department and DAFA procurements of information
    technology-based capabilities to ensure compliance with Department-wide
    standards established by the DOD CIO. Those authorities provide the
    basis for any mandates the DOD CIO may establish.
        Question. Are Joint Force Headquarters-Department of Defense
    Information Networks and Defense Information Systems Agency Global
    Operations Command sufficiently resourced, manned, and equipped to
    serve as operational command and control hubs for the Department of
    Defense's cybersecurity? In your assessment, to what extent do they
    link together the Department of Defense's cybersecurity operators and
    capabilities at the perimeter, at the network layer, and across
    endpoints? In your assessment, to what extent do they provide real-time
    direction and orchestration of cybersecurity operations? If confirmed,
    what would you see as the next logical steps going forward in this
    regard?
        Answer. JFHQ-DODIN serves to integrate, synchronize and direct the
    cyber activities of different DODIN areas of operation--across the
    Services and DISA. The scope and scale of the information cyber
    operations and security organizations need to perform their duties is
    vast and requires automation, big data analytics, and visualization to
    reach their full potential. The Department has been making significant
    investments to accelerate digital modernization, and are working toward
    real-time direction and orchestration in all areas. If confirmed, I
    would work with General Nakasone at USCYBERCOM to conduct a holistic
    assessment of our DODIN cyber command and control capabilities to
    ensure our ability to accurately and continuously assess the
    Department's cyber readiness posture while improving the ability to
    respond in near real-time.
        Question. How is the Department planning to implement and employ
    microsegmentation and software defined networking technologies to
    improve networking performance and cybersecurity? What prototyping and
    acquisition efforts are underway to incorporate microsegmentation and
    software defined networking into the Department's computing and network
    architecture?
        Answer. DISA is leading the efforts for the Department in actively
    developing and fielding Software Defined Networking (SDN) capabilities
    within its backbone, including efforts for automation of service
    delivery, and configuration normalization across backbone, data centers
    and managed local area networks. DISA is engaged in the development of
    Software Defined-Wide Area Networking (SD-WAN)-enabled service delivery
    nodes to leverage modern technologies and delivery mechanisms. Project
    Thunder Dome will incorporate SD-WAN enabled application aware routing
    on existing, fielded Defense Information System Network (DISN) core
    infrastructure. DISA is actively working with DOD components to enable
    SD-WAN mission platforms to seamlessly integrate into larger DOD
    communications capabilities.
        Question. The Military Departments, the Defense Agencies, and the
    combatant commands are migrating to standardized cloud-based
    capabilities provided by Office 365. However, only the Navy is
    acquiring the set of comprehensive cybersecurity applications and
    capabilities available as options under this program. These
    cybersecurity capabilities are integrated and interoperable, and enable
    automated orchestration of security operations. These capabilities are
    supported by artificial intelligence, and meet ``Zero Trust''
    Architecture goals.
        If confirmed, what policies would you plan to enact to help limit
    DOD's attack surface and vulnerabilities--especially to persistent
    threat agents?
        Answer. I believe that implementing Zero Trust requires rethinking
    how the Department utilizes existing infrastructure to implement
    security in a simpler and more efficient way while enabling unimpeded
    operations. If confirmed, I will adapt lessons-learned from pilot
    efforts across the Department to move DOD toward the rapid adoption of
    Zero Trust and SDN. It is my understanding that the Navy's efforts have
    been coordinated with the office of the DOD CIO and are being used as a
    pathfinder to directly influence the Department's cybersecurity
    requirements, policy, and architecture.
        Question. Please share your thoughts on how DOD is addressing (or
    planning to address) the requirements for cybersecurity set forth in
    Executive Order 14028, Improving the Nation's Cybersecurity? For
    example, among other things, DOD in collaboration with other agencies,
    including the Department of Homeland Security, is to jointly develop
    procedures for ensuring that cyber incident reports are appropriately
    shared among agencies. Can you provide us with the status of the
    procedures or any of DOD's activities related to the cyber EO?
        Answer. On July 7, 2021, the DOD and DHS signed a memorandum of
    agreement (MOA) to establish formal procedures to immediately share DOD
    Incident Response Orders or DHS Emergency Directives and Binding
    Operational Directives. I believe that sharing this information will
    raise the enterprise baseline cybersecurity posture across the entire
    Federal Government. DOD has also assisted with providing procedures for
    ensuring cyber incident reports are promptly and appropriately shared
    among agencies, drafted a national security memorandum (NSM) to improve
    the protection of NSS across the Federal Government, and holds a chair
    on the Cyber Safety Review Board.
        Question. Please identify the report(s) and frequency of reports
    you receive on DOD's cybersecurity posture. Do you believe that these
    report(s) you are sufficient? Overall, what grade would you give DOD's
    cybersecurity posture?
        Answer. The Department has used three scorecards to assess the
    DOD's cybersecurity posture, which include the monthly Cybersecurity
    Hygiene Scorecard (CHS); quarterly Top 10 Scorecard; and monthly
    Network Cybersecurity Accountability Scorecard (NCAS). I believe these
    reports are sufficient and, if confirmed, would ensure the Department
    continues a laser focus on maintaining a proactive cybersecurity
    posture.
        Question. Is it possible for DOD controlled unclassified
    information (CUI) information systems to have more than 50 percent of
    applicable security controls found to be ``non compliant'' and still
    allowed to operate on the DODIN? Is it possible for DOD CUI information
    systems to have less applicable security controls found to be
    ``compliant'' than a system that does not have CUI? If the answer to
    either of these questions is affirmative, and if CUI is supposed to be
    more important to protect than publically reliable information, why has
    DOD CIO not established minimum security controls for CUI systems?
        Answer. Yes, it is possible. The Federal Information Security
    Modernization Act (FISMA) mandated the Risk Management Framework (RMF)
    process and does not establish compliance requirements for
    cybersecurity, but focuses efforts on managing cybersecurity risk in
    systems. I understand that the Department has a number of non-
    traditional systems that process CUI that, when compared to the
    security control baseline of a traditional IT system, have a high rate
    of non-compliant controls. The DOD is working with the National
    Archives and Records Administration (NARA) on ensuring all systems
    manage the cybersecurity risk to CUI data while meeting all
    requirements through a policy memo titled, ``Requirement for Applying
    Baseline Controls for Controlled Unclassified Information Systems.''
        Question. What is your perspective on harmonizing DOD CUI standards
    to support a whole-of-government approach with NIST 800-53, the recent
    Executive Order on Zero Trust, and other standards?
        Answer. The DOD follows the security standards for CUI as
    established by the Executive Order. DOD CIO is ensuring systems
    processing CUI data meet these standards through a policy memo titled,
    ``Requirement for Applying Baseline Controls for Controlled
    Unclassified Information Systems.'' DOD requires all systems processing
    CUI data meet the moderate-moderate threshold. If confirmed, I would
    support continued efforts to reinforce the whole of government
    approaches to harmonizing CUI standards. However, DOD has a number of
    non-traditional systems that process CUI (weapons systems, control
    systems, etc.) and the cybersecurity risk to CUI in these types of
    systems is fundamentally different. I believe that flexibility to
    manage cybersecurity risk is needed for these unique use cases.
        Question. There are currently legislative proposals to require
    industry to report cyber incidents to Federal Government. DOD has had a
    cyber incident reporting requirement for years (DFARS 252.204-7012). To
    what extent has this cyber incident reporting requirement provided DOD
    any benefits? What does DOD do with this information? What challenges
    has it had in ensuring this acquisition requirement is complied with?
        Answer. The DOD DIB Collaborative Information Sharing Environment
    (DCISE) serves as the single DOD focal point for receiving all cyber
    incident reporting affecting unclassified external networks (i.e.,
    contractor or other government agency). Information shared between DOD
    and DIB Cybersecurity (CS) Program participants increases the Nation's
    knowledge of growing cyber threats, resulting in a greater capability
    to respond to and mitigate these risks. Reporting information is then
    used to identify and respond to adversary activity, identify
    vulnerabilities, provide mitigation and remediation strategies, and
    help improve overall network defenses of USG entities and DIB CS
    Program participants.
                  defense industrial base (dib) cybersecurity
        Question. DOD CIO is supposed to be chairing the DIB Cybersecurity
    Executive Committee. How active is this committee? How often does it
    meet? What specific accomplishments has it achieved in the last 2
    years?
        Answer. As cybersecurity has matured within the Department and
    across US Government, the DIB Cybersecurity Executive Committee's
    mission has been addressed through the Government Coordinating Council
    (GCC). The GCC brings key leaders in cybersecurity across multiple USG
    components together, to collaborate and discuss all threats facing the
    DIB and USG, in addition to strategies to protect the warfighter. The
    GCC has a complimentary Industry council, called the Sector
    Coordinating Council (SCC), which discusses the same challenges from
    the prospective of Industry, and then convenes with the GCC to discuss
    areas of mutual concern and strategize on a way forward. Both councils
    meet monthly and additional meetings are scheduled as necessary. Two
    specific accomplishments include driving the mitigation and remediation
    strategies for SolarWinds and Microsoft Exchange vulnerabilities.
        Question. The CMMC framework does not allow contractors to use
    corrective action plans (a.k.a. POA&Ms) for security controls that are
    applicable to the system but are found to be non-compliant. However,
    DOD relies extensively on POA&Ms.
        In your opinion, should DOD establish a requirement for industry
    that it does not practice itself?
        Answer. The DOD often has requirements in place that exceed
    industry practices, and industry often mirrors DOD requirements. I
    understand that DOD is reviewing CMMC, including its exclusion of
    POA&Ms, for the barriers to doing business with DOD that it may
    establish. If confirmed, I will quickly learn about the results of this
    review and help assess whether there should be areas for greater
    symmetry for POA&Ms and similar practices between DOD and industry.
                     adoption of commercial cloud services
        Question. The single-award acquisition strategy pursued in the
    first phase of the Joint Enterprise Defense Infrastructure (JEDI)
    initiative was intended to enable the Department to rapidly move
    workloads and data to an enterprise cloud without delays stemming from
    the need to compete each specific migration in task order-type multi-
    award contracts. This strategy was upended by continuous litigation,
    preventing DOD from making any significant progress on cloud migration.
    Now, years later, DOD plans to make multiple awards for general purpose
    enterprise clouds.
        How does the Department now plan to allocate cloud migration
    workloads across multiple vendors rapidly? Will each discrete
    transition be competed among the multiple vendors receiving awards in
    the Joint Warfighter Cloud Capability program? Has the Department taken
    any steps to ensure that vendors fully understand the JWCC
    requirements?
        Answer. The Department plans to have multiple cloud service
    providers compete for mission owner cloud requirements at the task
    order level by using streamlined, fair opportunity ordering procedures.
    I understand that a JWCC Ordering Guide is in development and will
    detail how to order cloud services from the JWCC Indefinite Delivery/
    Indefinite Quantity (IDIQ) contract. With this, the Department will be
    able to leverage an automated provisioning tool to expedite cloud
    resource allocation and allow mission owners to provision cloud
    resources within days of the task order award. Each mission owner will
    be able to acquire cloud services to meet their specific mission needs
    in accordance with the Federal Acquisition Regulation (FAR). The
    Department has taken measured steps to ensure that the U.S.-based
    hyper-scale cloud service providers (CSPs) fully understand JWCC's
    requirements. Initially, a Pre-Solicitation Notice that outlined high-
    level JWCC requirements was posted on SAM.gov. Next, the Department
    held multiple meetings with major U.S.-based hyper-scale CSPs to
    discuss their services and capabilities and determine how they aligned
    with JWCC requirements and timelines. Finally, following receipt of the
    solicitation, the vendors will be able to ask any clarifying questions
    about the requirements before final proposals are due to the
    Department. I further understand that the Department is confident these
    measured steps will help vendors fully understand the requirements.
        Question. Commercial enterprise cloud providers have balked at
    requests from DOD officials to evaluate, including through Red Team
    testing, the security of their cloud provisioning, control plane, and
    hypervisor. The Office of the Director of Operational Test and
    Evaluation, in particular, has regularly voiced concerns that DOD has
    not generally been permitted to evaluate for itself whether these
    clouds are sufficiently secure.
        What are your views on the need for DOD to be able to assess the
    foundational security of the commercial clouds on which DOD will
    increasingly depend?
        Answer. I believe that it is critical that the DOD assesses the
    security of commercial cloud environments. Penetration testing is an
    existing requirement of the Cloud Computing Security Requirements
    Guide, which all cloud contracts are required to follow, per DFARS
    clause 252.239-7070. If confirmed, I welcome the opportunity to work
    with the DOT&E to strengthen and enhance our existing cloud
    cybersecurity policies to explicitly allow increased testing. DOD CIO
    recently collaborated with the testing and evaluation community to
    ensure their requested language for enabling DOD testing of cloud
    vendors is included in JWCC requirements. As the DOD transitions more
    workloads to the commercial cloud, it must ensure that it maintains the
    right level of assurance that DOD data is protected properly through
    the ability to perform cybersecurity assessments of commercial cloud
    infrastructure.
        Question. When DOD initiated the JEDI program, DOD officials stated
    that a single initial award was sensible because: (1) the DOD workforce
    would have great difficulty in handling the technical integration
    challenges involved with multiple cloud vendors; and (2)
    interoperability and data portability across clouds was not mature in
    the commercial cloud industry.
        Are you concerned that DOD personnel lack sufficient capacity and
    expertise to transition workloads to multiple clouds simultaneously?
        Answer. Since the inception of the JEDI program several years ago,
    both the cloud ecosystem and the expertise of DOD personnel have
    evolved. Even so, it is my understanding that JWCC provides mission
    owners a great deal of flexibility--while they can transition their
    workloads to multiple cloud environments, they may also choose to
    pursue a single-cloud environment. Mission owners will make this
    decision based on their workforce expertise, mission, and operational
    requirements.
        Question. Has industry made significant progress on cross-cloud
    interoperability since JEDI was initiated?
        Answer. The Cloud Native Computing Foundation (CNCF) is developing
    a broad range of open technologies and standards that enable
    organizations to build and run modern applications across public,
    private, and hybrid clouds. These technologies, such as Kubernetes,
    micro-services, and service mesh form the backbone of the Department's
    DevSecOps environments, as seen in the US Air Force's Platform One and
    Kessel Run.
        Question. In your view, what are the benefits and downsides
    associated with expediting the movement of DOD Components' data and
    networking functions to enterprise clouds?
        Answer. As I learned firsthand in my experience leading the IC's IT
    ecosystem, cloud computing is a core component of a modern IT
    environment. It is critical to delivering enhanced DOD mission
    capabilities, expanding the use of AI and machine learning, and
    maintaining the Department's technical advantage. I agree that ``Cloud
    Smart'' rather than ``Cloud First'' is the correct strategy, which
    means that mission owners should rethink their approach to cloud by
    conducting inventories of their systems to determine which systems can
    move to the cloud and which systems should be decommissioned. This
    methodical, upfront work is necessary to build both the strategic
    implementation plan and associated resourcing strategy to re-architect
    their systems when migrating to the cloud, rather than preforming a
    pure ``lift and shift'' operation. Clouds provide a powerful foundation
    for modern applications but can be expensive and cumbersome when
    supporting older IT systems that have not been tailored to fully
    harness the power of the cloud environment.
        Question. Given the lessons from JEDI, a variety of cloud instances
    are proliferating across DOD. What is your perspective on harmonizing
    various implementations of cloud instances from different cloud service
    providers to standardize deployment, information security posture, and
    cost management?
        Answer. DOD continues to see consolidation of cloud contracts
    across its enterprise. Each of the Military Departments has created
    preferred contract vehicles, along with corresponding managed service
    provider organizations, to drive cloud migration and adoption. I
    believe that JWCC will provide a much-needed enterprise cloud solution
    through a multi-vendor, multi-cloud IDIQ contract. Moreover, JWCC will
    address the urgent, unmet cloud capability gaps needed to support JADC2
    and the ADA Initiative. Regardless of cloud contract or cloud service
    provider, the DOD's overall goal in the move to cloud computing should
    be to make it as simple as possible for a mission owner to purchase,
    secure, deploy, and maintain their cloud workloads.
                            artificial intelligence
        Question. In your view, what are the major challenges facing the
    Department of Defense relative to its efforts to leverage artificial
    intelligence capabilities to support defense missions?
        Answer. The DOD continues to face significant difficulty in
    recruiting, training, and retaining a skilled AI technical workforce
    that is familiar with how to develop, manage, and utilize AI-enabled
    systems. Beyond core technical expert staff, many communities within
    the existing DOD workforce require additional training to execute their
    existing functions in AI contexts. In addition to workforce expertise,
    the primary barriers to DOD AI adoption include technical debt across
    the IT ecosystem and challenges associated with data quality and
    availability.
        Question. The Joint Artificial Intelligence Center (JAIC) initiated
    the Joint Common Foundation (JCF) program. The price of entry for AI is
    large-scale computing infrastructure. Thus, it makes no sense for all
    the DOD Components seeking to develop AI applications to build such
    complex and expensive computing platforms. The JCF objective,
    therefore, is to provide common large-scale computing infrastructure,
    services, and applications to DOD Components so that they can rapidly
    apply their domain expertise to build AI solutions. There are multiple
    companies providing mature commercial platforms for this purpose.
    However, the JAIC appears to be pursuing a government-developed
    solution that could prove technically challenging, expensive, and time-
    consuming. Section 215 of S. 2792, the Senate Armed Services Committee
    enacted version of the NDAA for fiscal year 2022 would require DOD to
    acquire access to commercial platforms and services under part 12 of
    the Federal Acquisition Regulation for these purposes.
        What are your views on the best approach to providing the
    infrastructure and services required to enable DOD Components to
    rapidly apply their domain expertise to develop AI solutions for their
    missions?
        Answer. The Department must develop an enterprise approach in order
    to deliver AI solutions across multiple and diverse mission sets. To do
    this, it must use commercial, open source tools, and cloud computing
    environments.
        Question. At this point in the maturity of AI, there is not a
    single-set of infrastructure services that will meet DOD needs. DOD
    requires a combination of commercial cloud, on premise, commercial
    tools, and open-source tools that each target unique requirements
    across the functional communities. This is the set of needs the DOD's
    Joint Common Foundation (JCF) is filling. First, JCF integrates
    infrastructure and services from leading commercial providers. JCF is
    built on commercial infrastructure. This is available now to the
    Services, promulgating best practices and a centralized architecture
    that distributes capability throughout the enterprise. Second, the JCF
    effort is building a fabric between these commercial services and other
    DOD platforms to create a development environment that can support
    DevSecOps. This broad enterprise-wide approach will then support
    portability and integration of data and AI models to achieve true
    interoperability of data and insights at scale and ensures economies of
    scale and interoperability across the enterprise. If confirmed, I would
    work closely with the JAIC Director to continually evaluate the JCF
    approach, especially in light of new capabilities such as with JWCC.
        Question. The National Security Commission on Artificial
    Intelligence recently completed its work and published its findings and
    recommendations.
        What specific Commission recommendations do you believe the
    Secretary of Defense and the CIO should implement?
        Answer. While there are many outstanding recommendations in the
    National Security Commission on Artificial Intelligence (NSCAI) final
    report, there are 11 that I believe would do the most to transform DOD
    into an AI-ready institution, if implemented.
          Build the technical backbone
          Define a joint warfighting network architecture
          Train and educate warfighters for AI
          Establish AI and digital readiness performance goals
          Accelerate adoption of existing technologies
          Tailor and develop Test, Evaluation, Verification, and
    Validation policies and capabilities
          Strengthen the Responsible AI (RAI) ecosystem
          Develop and deploy AI-enabled defenses against cyber
    attacks
          Invest in priority research and development areas to
    support future military capabilities
          Promote AI interoperability and adoption of critical
    emerging technologies among allies and partners
          Improve AI coordination and interoperability between DOD
    and the IC
        These NSCAI recommendations offer the greatest return on Department
    investment in broad-scale AI readiness.
        Question. If confirmed, what do you envision as the next steps in
    the process for Department use of machine learning and advanced
    statistical methods to improve its business, maintenance, and
    management practices? What improvements could result from these
    efforts, in your view?
        Answer. The wholesale integration of business, maintenance, and
    management practices is an important mission. I believe that Advana and
    its integration of AI-enabled capabilities is an early example of what
    is possible when AI is integrated into enterprise platforms. The DOD
    CIO is both a user of Advana and an advocate and enabler for enhanced
    enterprise use of this powerful capability through the incorporation of
    additional data sources spanning the enterprise.
        Question. In your view, should the Department fund academic, small
    business, and government lab research in artificial intelligence to
    support defense missions and the development of new AI-enabled systems
    and technologies?
        Answer. Yes. The JAIC continues to implement methodologies for
    smaller and non-traditional innovation sources to leverage Department
    acquisition processes. Through consortium-based models like the Other
    Transaction Authority (OTA) called ``Tradewind,'' and Blanket Purchase
    Agreement models for Responsible AI and AI Test & Evaluation,
    procurement barriers can be reduced. The Department maintains mature
    relationships with multiple universities and their laboratories today,
    and these partnerships should continue. Advancing technologies to meet
    critical national security needs through innovative academic and
    commercial partnerships is a key component of DOD's strategy.
        Question. How can the Department of Defense use procurement and
    research activities to shape the direction of commercial sector
    artificial intelligence efforts and create incentivizes for the
    production of technologies that can support defense missions?
        Answer. The DOD is consistently collaborating with industry to
    leverage best practices and technological innovations. The JAIC is
    utilizing the OTA called ``Tradewind'' to drive AI innovation at scale
    and foster collaboration with small business and non-traditional
    companies. I believe that the integration of mature commercial
    technology into growing Defense systems is a critical pipeline that
    must be maintained. The Department continues to steer commercial
    efforts into use-cases through broad partnerships and sharing of
    Defense challenges in a variety of forums, and I understand these
    relationships are vibrant. New AI companies are proliferating rapidly,
    many of them specifically in response to DOD demand signals.
        Question. Where and how is the Department of Defense developing the
    operating concepts, plans, and capabilities relevant to future
    artificial intelligence battlefield systems?
        Answer. The DOD needs to adopt, scale, and deliver AI solutions to
    warfighters. These concepts, plans, and capabilities come from a
    variety of sources. Service AI efforts are integrated through Joint
    warfighting concepts, exercises, and requirements developed by the
    Joint Staff and CCMDs. A key component of this effort is the ADA
    Initiative, directed by the Deputy Secretary of Defense and led by a
    partnership including the JAIC, CDO, CIO, USD(R&E), JS J6, DDS, and
    others. Through ADA, the DOD will incentivize and accelerate a set of
    global, open architecture data and process solutions that embed modern
    data management and analytics capabilities to automate business and
    warfighting workflows.
        Question. What structures, processes, and policies are needed, in
    your view, to ensure the ethical and safe application of AI technology
    to the warfighting missions of the Defense Department?
        Answer. The governance of AI is a critical enabler of the ethical
    and safe application of AI technology to DOD's warfighting missions.
    The AI Executive Steering Group ensures accountability throughout the
    Department. In addition, the Deputy Secretary of Defense has directed
    the implementation of a RAI ecosystem throughout the Department. This
    guidance reaffirmed the five DOD AI Ethical Principles and outlined the
    contours of RAI governance. Through this effort DOD will cement a
    culture of ethical and safe application of AI in the Department.
        Question. What steps should the Department of Defense be taking
    with international partners and the commercial sector to develop
    standards and norms for the ethical and safe application of AI
    technologies?
        Answer. DOD has deep and ongoing engagements with our allies and
    partners on AI, including in the area of standards and norms for the
    ethical and safe application of AI. For example, the JAIC has conducted
    bilateral and multilateral engagements with approximately 40 allies and
    partners. Nearly all of these engagements included substantive
    discussions of RAI, ethics, and sharing of good practices to enable AI
    readiness and interoperability among allies and partners. The
    Department's ``AI Partnership for Defense'' brings together 16 nations
    based on a common ethical framework and responsible outcomes. This is a
    dynamic and effective environment for shaping global understanding of
    responsible and ethical AI application. Similarly, the development of
    the DOD AI ethical principles involved deep collaboration with leading
    commercial technology organizations and public policy non-profits. The
    DOD continues to solicit the advice and expertise of both groups as it
    implements its RAI Strategy.
        Question. How are you integrating AI/ML capabilities into DOD's
    data architecture, and what investments do you think need to be made in
    order to ensure that decisionmakers have the right information at the
    right time?
        Answer. Maturing the unique, Service-specific infrastructures and
    architectures into an integrated enterprise is an essential element of
    DOD's warfighting effectiveness and global competitiveness. Current
    efforts span a scaled data environment, an integrated AI development
    fabric, AI Test & Evaluation, and AI applications at the CCMDs and at
    the tactical edge. Commanders and decisionmakers across DOD require
    access to data and insights generated across components, domains, and
    network boundaries. Department AI/ML capabilities, and the investments
    made in them, only achieve their full potential through integration.
    This creates conditions necessary for implementing AI/ML capabilities
    at-scale. In my view, the Department needs to quickly and effortlessly
    discover, access, and utilize data, compute, and services so that
    individual components can leverage these Department-wide resources to
    build AI capabilities.
                 electromagnetic spectrum policy and operations
        Question. Based on information gleaned from internal DOD
    assessments and Committee oversight activities, it would appear that
    the Department's electronic warfare posture is dangerously inadequate.
        Under the electronic warfare implementation plan announced in
    August 2021 the DOD CIO will assume the roles and responsibilities of
    the level 2 senior designated official under section 1053 of the fiscal
    year 2019 NDAA, and will now be responsible for overseeing the
    implementation plan of a cohesive electronic warfare strategy DOD wide.
    What makes you qualified to assume these roles and responsibilities?
        Answer. Achieving spectrum superiority in all domains is critical
    to U.S. national security. The 2020 EMS3 provides the strategic
    direction and oversight to address identified gaps in U.S. posture and
    generate results. DOD CIO is at the nexus of Department's EMS policies,
    strategies, and international and national engagement. As the PSA for
    EMS to the Secretary and the newly assumed roles and responsibilities,
    the DOD CIO will ensure enduring enterprise focus on EMS strategy. If
    confirmed, I will work closely with the Joint Chiefs of Staff (JCS) and
    other stakeholders to ensure that the implementation plan supports the
    operational needs of our military forces.
        Question. In a brief to congressional staff on August 5, 2021, five
    goals were outlined for the strategy and objectives of a cohesive DOD
    wide electronic warfare strategy. Please discuss each goal, what you
    envision to be the major hurdles associated with accomplishing each
    goal, and what you would do, if confirmed to overcome each such hurdle.
        Answer. The EMS3's goals have a common hurdle. Historically, the
    Department has approached Electromagnetic Spectrum Operations (EMSO) in
    isolation. The Department has now focused on an enterprise-wide
    strategy to overcome the challenges caused by unique, isolated
    approaches. In my view, the Department now has the policy, governance,
    and people in place to address such challenges. The EMS3 sets DOD on a
    course to view EMSO in a more strategic and integrated manner. If
    confirmed, I will continue to drive this paradigm change.
        Question. The DOD CIO's selection as the senior designated official
    in the DOD for electronic warfare renders the CIO responsible for
    ``establish[ing] process and procedures to develop, integrate, and
    enhance the electronic warfare mission area and joint electronic
    spectrum operations in all domains across the Department of Defense.''
    If confirmed as the DOD CIO, you would be responsible for certifying
    that the overall budget for electronic warfare is adequate and
    integrated as follows----
        ``(A) The development of an electromagnetic battle management
    capability for joint electromagnetic spectrum operations.
        (B) The establishment and operation of associated joint
    electromagnetic spectrum operations cells.''
        Do you believe the DOD is making adequate progress in a joint
    battle management capability for spectrum operations? If not, how can
    these efforts be improved, in your view?
        Answer. In my view, the DOD CIO will rely heavily on the best
    military advice of the Vice Chairman of the JCS and Commander, US
    Strategic Command, who remain responsible for Electronic Warfare (EW)
    matters.
        The Department continues to make strong progress in a joint battle
    management capability for spectrum operations. As the Department
    continues the Electromagnetic Battle Management (EMBM) development
    effort, it is balancing lethality and joint interoperability with
    fiscal responsibility. Additionally, to ensure the appropriate data
    gets to the tactical edge requires the DOD to establish an EMSO
    architecture that connects with all relevant stakeholders. If
    confirmed, I will ensure that these efforts continue.
        Question. Do you believe the DOD has successfully implemented joint
    electromagnetic spectrum operation cells? How can DOD's efforts in this
    regard be improved, in your view?
        Answer. I believe that the DOD has successfully started to
    implement Joint EMSO Cells (JEMSOCs). Properly incorporating EMSO into
    operational plans and accounting for real-time activities requires the
    appropriate staffing of JEMSOCs in each CCMD. DOD is also evaluating
    the long-term home for EMSO responsibilities in the Department in
    accordance with FY21 NDAA Section 152 requirements.
        To enable continued success, I believe DOD must ensure appropriate
    resource allocation, and that training requirements and that EMSO
    capabilities, such as EMBM, are developed and employed.
        Question. If confirmed, how do you plan to integrate with the
    combatant commands who will be responsible for executing the cohesive
    electronic warfare strategy you are responsible for?
        Answer. If confirmed, the DOD CIO will continue to work directly
    with the Joint Staff as a co-chair of existing governance bodies. Many
    of the Department governance forums also include direct engagement with
    CCMDs as well, ensuring awareness of and advocacy for CCMD
    requirements.
        Question. On page 6 of the July 15, 2021, report entitled ``Summary
    of Implementation Plan for 202 DOD EMS Superiority Strategy and
    Attached Roadmap,'' submitted to Congress pursuant to section
    1053(d)(3)(E), DOD stated: ``[a]dditionally, the Implementation Plan
    requires the Office of Undersecretary of Defense for Policy (OUSD(P))
    to designate one of its Deputy Assistant Secretaries of Defense to
    advocate for and represent EMSO interests in OUSD(P).''
        What assistance would you expect the USD(P) to provide you, if you
    are confirmed as the DOD CIO and vested with the authorities and
    responsibilities of the section 1953 senior designated official?
        Answer. If confirmed, I would expect continued support from and
    close partnership with USD(P) in ensuring the EMS equities are captured
    in the Department's policy decisionmaking process.
        Question. If confirmed, how would you expect to influence the
    Defense Planning Guidance?
        Answer. If confirmed, I would look forward to influencing the
    Defense Planning Guidance (DPG) to elevate investment in capabilities
    that would digitally modernize the Department's EMS Enterprise;
    leverage more agile, adaptable, and survivable EMS capabilities;
    establish secure, responsive and integrated EMS infrastructure; and
    further advance live, virtual, and constructive (LVC) capabilities.
    Altogether, these initiatives will enable enhanced testing and training
    in representative EMS environments against realistic threats.
        Question. DOD conducts an annual Northern Edge exercise to assess
    the Joint Force capabilities in an electromagnetically contested
    spectrum environment.
        In your view, how will this exercise influence your actions and
    decisions as the senior designated official? If confirmed what actions
    would you take to improve capabilities to provide realistic threat
    capabilities to the joint force?
        Answer. If confirmed, in coordination with the JCS, I would
    leverage the Joint Pacific Alaskan Range Complex for exercises that
    include training, testing, and developing advanced electronic warfare
    capabilities in a realistic environment.
        Question. In your view, what are the major challenges facing the
    Department of Defense as pertains to its electromagnetic spectrum
    operations (EMSO) programs?
        Answer. The DOD has reorganized, improved governance structures,
    and implemented new policies to best ensure the Department can compete
    with near peer adversaries in an increasingly congested, contested, and
    constrained environment.
        The DOD faces two main challenges, the first is outdated
    regulations and policies that have not evolved with the current
    environment. Second is the drive to share or vacate EMS to enable
    commercial mobile broadband technologies. While I absolutely support
    enabling commercial access to spectrum, the increasingly congested
    spectrum ecosystem is a challenge that, if confirmed, I would need to
    address.
        Question. What is your assessment of DOD electromagnetic spectrum
    operations capabilities, as compared to the offensive and defensive
    capabilities of our adversaries?
        Answer. All warfare domains, to include the EMS, are challenged by
    peer and near-peer adversaries. Recognizing US reliance on the EMS, our
    adversaries have spent decades studying, investing, and implementing
    policies, capabilities, and procedures with the absolute focus of
    gaining military advantage over US forces. These adversaries are
    developing and fielding advanced technology that targets US
    capabilities across the spectrum.
        Through implementing the DOD EMS3, the Department is working to
    develop a spectrum enterprise that is fully integrated, operationally
    focused, and designed for great power competition.
        Question. Please define your view of the appropriate sharing of
    spectrum between the DOD and non-Federal users.
        Answer. I believe that DOD has been a national leader in thinking
    broadly about new solutions and has already participated in several
    spectrum-sharing initiatives. These have contributed to US leadership
    in enabling the use of mid-band spectrum for commercial 5G.
    Acknowledging that progress, I also believe that spectrum sharing (vice
    spectrum vacating) now needs to be the new normal. Such an approach
    offers Federal and non-Federal users a new paradigm by allowing
    simultaneous usage of a specific frequency band in a specific
    geographical area and time by a number of independent entities where
    harmful electromagnetic interference is mitigated.
        To date, Federal policymakers have made unprecedented amounts of
    spectrum available for commercial use across large, contiguous spectrum
    ranges. Now, I believe the DOD must also develop spectrum sharing
    policies that enable the most efficient use of spectrum while still
    protecting and prioritizing mission critical functions.
        Question. What are your views regarding the potential sharing of
    spectrum for both Federal and non-Federal bands? Do you believe the
    Department can adequately share spectrum in the band of 3.0-3.45 MHz
    and what actions must be taken, and by whom, before such sharing can
    occur? Please explain your answer.
        Answer. I believe that sharing of spectrum for both Federal and
    non-Federal bands is the new normal. DOD is pursuing a range of
    possible solutions that improve access for military missions and
    enhance US economic competitiveness for 5G and other advanced
    technologies.
        As such, I believe the Department can share the 3.1-3.45 GHz band.
    Technical and operational feasibility assessments are required to
    identify the best sharing framework for this band. These feasibility
    assessments will identify the amount of spectrum that could be made
    available, regulatory requirements needed to protect incumbent military
    operations, and the associated costs and timelines for implementation.
        Upon completion of the assessments, I believe a whole-of-government
    approach is required to determine which sharing framework best meets
    the Nation's needs.
        Question. Is the Department investigating and investing in
    technologies to enable: (1) simultaneous use of commercial wireless
    networks and DOD military systems in the same spectrum; (2)
    simultaneous transmit and receive capabilities; and (3) continuous
    operations through very high levels of interference and jamming? Could
    such technologies resolve competing demands for spectrum and help to
    meet the Department's EMSO warfighting objectives, in your view?
        Answer. Yes, the Department is investing in and investigating these
    types of cutting-edge technologies for inclusion in future military
    capabilities. I believe they hold great promise for both addressing
    competing demands for spectrum, which are increasing across all users,
    and helping to meet the Department's EMSO warfighting objectives.
        The vision of the EMS3 is the ability of our forces to enjoy
    freedom of action in the electromagnetic spectrum, at the time, place,
    and parameters of our choosing. To facilitate this outcome, I would, if
    confirmed, ensure that DOD CIO continues to partner with OUSD(R&E) and
    OUSD(A&S) to develop and integrate these types of capabilities to meet
    the warfighter's current and future requirements.
        Question. How will you help ensure that DOD's execution of the
    spectrum IT modernization requirements in the FY21 NDAA are
    successfully implemented? In particular, how will you ensure that DOD's
    IT systems collect the necessary information to facilitate spectrum
    sharing where possible and are designed in such a way to enable rapid
    or real-time processing of spectrum assignment adjustments?
        Answer. If confirmed, I will ensure that DOD CIO continues with
    development and implementation of a plan to successfully modernize and
    automate the spectrum IT infrastructure, per the requirements in
    Section 9203 of the NDAA for FY21. This modernization effort will be
    key to advancing agile spectrum management operations. I understand the
    intent is to develop a common spectrum IT architecture; improve data
    collection and aggregation; standardize analytical tools and
    methodologies; increase spectrum situational awareness, spectrum access
    and sharing; and establish integrated and standardized automation
    interfaces.
                   positioning, navigation, and timing (pnt)
        Question. In your view, what are the major threats and
    technological challenges facing the Department of Defense as pertains
    to its positioning, navigation, and timing (PNT) programs and
    capabilities?
        Answer. In my view, the Department relies heavily on the Global
    Positioning System (GPS) and our adversaries are well aware of this
    dependence and have developed extensive capabilities to deny our access
    to GPS. Additionally, while GPS has been critically beneficial over the
    last several decades, the PNT Enterprise is complex and the DOD should
    develop and field alternates and complements to GPS to address known
    threats.
        Question. The Committee is concerned about the dependence of the
    Department, and indeed the country as a whole, on the Global
    Positioning System (GPS) given the very serious existing and
    anticipated threats to the system. Upgrades to GPS and user equipment
    are being acquired, but significant vulnerabilities remain and the
    expected implementation time is significant. Congress has mandated
    near-term measures to field more resilient alternative PNT solutions to
    complement and augment GPS.
        What are your views on the need for reliable additional near-term
    and far-term augmentations to GPS? Is the Department adequately
    resourcing these needs?
        Answer. In my view, the Department is aware of the vulnerabilities
    of GPS. I am a strong advocate for the Department to identify, invest
    in, and field alternate and complementary sources of PNT to enhance PNT
    now and in the future. In June 2021, the Department submitted a report
    on progress on alternative PNT capabilities in response to a tasking in
    Section 1611 of the fiscal year 2021 NDAA. While a ``one-size-fits-
    all'' solution is not feasible, the Department has made significant
    strides in fielding alternate and complementary capabilities in
    programs such as the GPS-Based Positioning Navigation and Timing
    Service (GPNTS), the Mounted Assured Positioning, Navigation and Timing
    System (MAPS), and the Dismounted Assured Positioning, Navigation and
    Timing System (DAPS). While progress is slower in the air domain, the
    Air Force is pursuing an open architecture-based Resilient-Embedded
    GPS/Inertial (R-EGI) that will enable the integration of existing
    capabilities and new PNT alternatives. If confirmed, I would continue
    to champion development of modernized receivers and fielding of the
    alternate PNT sources they will process to provide PNT resilience to
    the Joint Force.
        Question. What is your assessment of DOD's ability to implement a
    timely strategy to provide Military Grade User Equipment (MGUE)
    navigation cards to the wide array of platforms and weapons the
    Department uses and how can DOD efforts in this regard be improved?
        Answer. It my understanding that DOD CIO is working closely with
    the Joint Staff, Services, and USD(A&S) to monitor program progress and
    ensure that MGUE development and fielding have required priority and
    associated resources. Longer-term, I believe that implementing a
    Modular Open System Approach (MOSA) will enable faster and more agile
    integration of additional GPS and alternative and complimentary PNT
    sources.
        Question. What is your assessment of DOD's progress in providing
    alternate means for PNT to DOD platforms and weapons? If confirmed,
    what actions would you recommend be taken to accelerate DOD efforts in
    this regard?
        Answer. I believe that the Department is making significant strides
    in testing and implementing effective alternate PNT capabilities. I
    support these efforts and, if confirmed, I will continue to push these
    efforts forward.
        Question. What is your assessment of the effectiveness of the PNT
    Oversight Council authorized under section 2281 of title 10 U.S. Code?
    If confirmed, what actions would you take to improve the Council's
    effectiveness?
        Answer. In my view, the PNT Oversight Council is effective in
    executing governance and providing oversight of the DOD PNT Enterprise.
    The Council has driven development and fielding of more resilient GPS
    and is now also focused on the delivery of alternative and
    complimentary PNT solutions. If confirmed, I would support continuation
    of these efforts as well as the incorporation of GPS and PNT data into
    the Advana platform, enabling enhanced tracking and oversight of the
    full scope of efforts across the Department.
                   fifth generation wireless networking (5g)
        Question. 5G wireless networks are the foundation for future
    industrial transformations that will power the world economy via
    applications such as vehicle autonomy; the Internet of Things;
    telemedicine; smart factories, ports, and warehouses; and smart cities.
    It is widely recognized that U.S. national security and economic well-
    being would be jeopardized if Chinese companies such as Huawei dominate
    5G global wireless infrastructure. DOD has robustly funded research and
    development in 5G technology and in the applications that will be
    enabled by the speed, low-latency, and capacity of 5G networks.
    Although the Office of the USD(R&E) is currently managing DOD's 5G
    program, Congress directed the Department to begin preparations to
    transfer that responsibility to the CIO as projects and technologies
    mature. The Committee is concerned that budget reductions would prevent
    the achievement of these objectives. Accordingly, the Committee has
    recommended authorization of an additional $100 million for 5G-related
    technology in fiscal year 2022.
        In your view, how would significant reductions in funding for DOD's
    5G program affect U.S. industry's ability to compete with Huawei in the
    global 5G market?
        Answer. In my view, significant reductions in funding for DOD's 5G
    programs would curtail the progress the Department has made in reducing
    Huawei's influence in establishing the technical specifications for
    commercial 5G user devices, network components, and cellular services,
    as well as significantly slow the development of verified and secure
    applications of 5G Technology in the transport layer of the
    department's mission-critical voice and data communications.
        Question. In your view, how would budget reductions in the near
    term affect the ability of the DOD CIO and the Military Departments to
    transition successful 5G technology development projects?
        Answer. In my view, budget reductions in the near term would
    significantly hamper the activities of the CFT legislated in the FY21
    NDAA to oversee the implementation of the strategy developed under
    section 254 of FY20 NDAA. This strategy was coordinated across all
    relevant elements of the Department and will drive the adoption of
    commercially available, next-generation wireless communication
    technologies, capabilities, security, and applications by the
    Department and the DIB. If confirmed, I will continue to work with my
    counterparts in USD(R&E) to ensure a successful transition of these
    responsibilities.
        Question. What are your views on the importance of rapidly maturing
    technologies to create modular 5G network architectures based on open
    standards, and to virtualize network functions through software, in
    enabling U.S. companies to compete with Huawei globally? Does DOD have
    a role to play in achieving that objective?
        Answer. I believe that modular 5G network architectures, based on
    open standards and software-enabled virtualized network functions, are
    critical to promote the development and deployment of user devices and
    network components manufactured by US and allied nations' industrial
    bases, in lieu of Huawei. I understand that DOD is promoting these
    modular 5G network architectures through participation in international
    Standards Development Organizations, inclusion of modular 5G network
    architectures in the DOD's 5G pilot experimentation efforts, and the
    development of supply chain standards and acquisition tools for the
    deployment of 5G technology across the Department. If confirmed, I
    would sustain focus and momentum on these activities.
                      command, control, and communications
        Question. In your view, what are the major challenges facing the
    Department of Defense as pertains to its command, control, and
    communications (C3) programs and capabilities?
        Answer. In my view, modernization of our existing C3 systems is
    critical to maintaining our military advantage in multi-domain
    operations, given that adversaries have developed tactics and
    techniques to degrade, deny, and spoof our C3 systems.
        Question. What is your assessment of the Department's C3
    capabilities and resiliency in the face of near peer adversaries'
    capabilities?
        Answer. I understand that the Department is addressing investment
    shortfalls as part of its digital modernization efforts, and I believe
    that DOD must ensure it continues to prioritize the C3 capabilities and
    resiliency needed for high-end conflict.
        Question. What is your assessment of the effectiveness of the
    Council on Oversight of the National Leadership Command, Control, and
    Communications System (NLC3S) as authorized under section 1052(f)(3) of
    the fiscal year 2014 NDAA? How can the Council's effectiveness be
    improved?
        Answer. The DOD CIO is a member and secretariat of the NLC3S co-
    chaired by the Vice Chairman of the Joint Chiefs of Staff and the
    USD(A&S). I believe the Council has been effective in ensuring that
    National Leadership Command Capability (NLCC) is able to meet the needs
    of the President and other senior leaders and raising critical issues
    to the Department's senior leadership. If confirmed, I will review how
    the effectiveness of how the Council might be improved.
        Question. There has been much discussion about the importance of
    networking and connecting warfighting capabilities across air, land,
    and sea platforms through the Joint All-Domain Command and Control
    (JADC2) initiative.
        What is the role of the CIO in developing and implementing
    solutions to JADC2 objectives?
        Answer. The DOD CIO has been an integral member of the JADC2 effort
    and CFT since its inception. DOD CIO has collaborated with Department
    stakeholders on the conceptual design and development of the JADC2
    Strategy and Implementation Plan, but the main DOD CIO role is as an
    enabler. Each JADC2 initiative relies on existing DOD CIO-led IT
    modernization efforts for success, such as JWCC, cybersecurity based on
    Zero Trust, and transport resiliency.
        Question. What is being done to ensure that airborne data links are
    both resilient against peer competitors and interoperable--across all
    Military Services' platforms?
        Answer. Tactical data links (TDLs) are foundational to the command
    and control (C2) of the Joint Force, our allies, and coalition
    partners. It is my understanding that the Department has three lines of
    effort to ensure that airborne data links are resilient: (1) advocating
    that Services expeditiously close identified gaps by rapidly fielding
    the Multifunctional Information Distribution System (MIDS) Program of
    Record for Link 16, (2) identifying legacy TDLs that are vulnerable or
    require replacement, and (3) accelerating the implementation of
    advanced capabilities to increase the resiliency, robustness, and
    capacity of tactical networks.
        Question. If confirmed, specifically what would you do to
    facilitate development and implementation of JADC2 concepts?
        Answer. If confirmed, I would leverage the DOD CIO statutory
    authorities to use the Budget Certification process, to include
    providing annual Capability Planning Guidance, to ensure the successful
    implementation of the JADC2 Strategy, ensuring the optimal delivery of
    capabilities to the Joint Forces. In addition, I would continue to
    drive JADC2 enablers including access to cloud compute and storage;
    resilient transport; and robust cybersecurity.
        Question. How do you differentiate the role of the CIO with regard
    to warfighting networks that provide command and control of our armed
    forces at their platforms in an operational context, from the CIO's
    role with regard to infrastructure and networks that traditionally
    would be regarded as administrative or otherwise non-warfighting in
    nature? Does the CIO's authority extend to warfighting networks and
    systems in the Department? Is the CIO qualified and resourced to serve
    as the official with a fundamental role in the warfighting
    infrastructure of the Department?
        Answer. In my view, networks are converging as we start focusing on
    data-centric architectures. Business and warfighting infrastructure are
    leveraging and implementing the same technologies and formats at the
    network transport, compute/store and cybersecurity layers, with the
    primary difference at the tactical edge in providing increased
    survivability. I believe the DOD CIO is sufficiently resourced to drive
    the modernization of warfighting infrastructure across the Department.
        Question. Please describe your view of the CIO's role with respect
    to overseeing the cryptographic accounts at the National Security
    Agency and recent efforts to build new facilities or upgrade existing
    facilities and infrastructure at the NSA for cryptographic key and
    management infrastructure across the DOD?
        Answer. DOD CIO is the PSA responsible for DOD cybersecurity and
    protection of NSS. In this capacity, DOD CIO collaborates with NSA, as
    the NSS National Manager, to modernize the key management
    infrastructure across DOD. NSA's tenets call for a Key Management
    Enterprise (KME) that permits a ``person-out-of-the-loop'' electronic
    crypto key distribution from the generation of the key through the key
    processor to the End Crypto Unit (ECU). Additionally, they require an
    inventory of cryptographic devices that are more robust, modular,
    scalable, capable, net-centric, and durable. These tenets enable more
    effective and efficient performance including reduced inventory,
    expanded data rates, simplified upgrades, lower life cycle costs, and
    ensured global information grid-compatibility in addition to
    eliminating current key vulnerabilities. Modernization of the KME is
    required to ensure cryptographic keying material and supporting data is
    protected at the highest level throughout the enterprise.
        Question. How should these same efforts be applied to the
    development and distribution of nuclear command and control products,
    in your view?
        Answer. I believe that modernization of nuclear command and control
    products is critical to ensure the highest levels of security. The same
    tool sets used to upgrade cryptographic key and management
    infrastructure should be used to modernize nuclear command and control
    products across the DOD. However, it must remain a separate and
    isolated activity from the overall enterprise modernization processes
    given its sensitivity.
        information technology workforce and the cyber excepted service
        Question. The Chief Information Officer serves as the functional
    community manager for 18 civilian occupational specialties, accounting
    for approximately 52,000 civilian employees. Additionally, the CIO is
    one of the chairs of the Cyber Workforce Management Board, which
    oversees the management of the entire Department of Defense military
    and civilian cyber workforce. The CIO's diligent performance of these
    functions is critically important to the Department's ability to evolve
    its employment practices to attract and retain personnel with highly
    valuable information technology and cyber-related skillsets.
        As you shape and guide the Department's cyber workforce, what
    factors would you apply to a determination as to whether a certain
    position should be filled by military, civilian, or contractor
    personnel?
        Answer. I believe that USD(P&R) has established an effective policy
    and structure for the determination of workforce mix across the
    Department. This policy dictates that risk mitigation be given
    precedent over cost savings or other efficiencies. The ability to
    continually evaluate these decisions based on risk as the domain
    evolves is crucial to the Department's agility in this domain. To
    enhance and complement the USD(P&R) process of workforce determination,
    the Defense Cyber Workforce Framework and the DOD 8140 policy series
    provide a management framework and governance structure for the
    cyberspace workforce that can be leveraged to manage military,
    civilian, and those contracted to augment the force.
        Question. What is your view of the appropriate mix between the
    uniformed cyber workforce and civilian employees?
        Answer. I believe the current mix is appropriate. Current
    projections have this mix at approximately 45 percent military, 30
    percent civilian, and 25 percent contractor across the full spectrum of
    the DOD cyber workforce. Overall, the current mix brings diversity of
    thought and experience, which I view as a strength of the Department.
        Question. Each Military Department and DOD Component is competing
    for the same set of skilled and experienced employees--those who are
    highly skilled and experienced in cyber and information technology.
        How does the Cyber Workforce Management Board de-conflict and
    prioritize personnel requirements across the Department to ensure the
    strategic allocation of manpower to the highest priority needs?
        Answer. The Cyber Workforce Management Board provides the tools to
    successfully recruit, retain and develop members of the cyber
    workforce. The DOD Cyber Workforce Framework provides a more detailed
    focus than traditional civilian occupational series, and, based on its
    alignment with the National Initiative for Cybersecurity Education
    (NICE), it also provides a tool for Components to communicate with
    partners across government, industry and academia. In addition, it
    enables very targeted recruitment and retention by location and
    specialty. The largest percentage of the DOD cyber workforce are
    military members, who are developed through established training
    pipelines, including best practice programs for some operational roles.
        Question. Of the approximate 52,000 civilian employees under the
    DOD CIO's purview, how many should be included in the Cyber Excepted
    Service, in your view?
        Answer. In my view, I believe most, if not all, of the DOD civilian
    cyber workforce should be eligible for Cyber Excepted Service (CES).
    Expanded eligibility would maximize the benefits of the enhanced
    recruitment, retention, and development flexibilities authorized under
    CES.
        Question. In your view, how effective is the Cyber Excepted Service
    Workforce in meeting the requirements for a highly qualified and
    competent cyber workforce?
        Answer. In my view, the Cyber Excepted Service is highly effective
    in meeting the requirements for a qualified and competent workforce.
    Further, effectiveness will continue to grow as the number of
    organizations leveraging CES is expanded. Even so, competition for this
    workforce is fierce and, if confirmed, training of the current
    workforce and enhanced recruitment and retention will be one of my
    priorities.
        Question. What actions would you take, if confirmed, to mitigate
    any gaps between cyber workforce capacity and capability?
        Answer. If confirmed, I would continue the current path of the DOD
    Cyber Workforce Framework (DCWF), DOD 8140 policy series and CES
    utilization. The foundation of these efforts, supported in cooperation
    with partners in USD(P&R), USCYBERCOM, and the Military Departments,
    are providing significant benefits. As implementation activities
    continue, the analytics capabilities of the Advana business
    intelligence platform will be used to better analyze overall workforce
    numbers against readiness. I will also pursue re-skilling of our
    current workforce, and ensure publication of a new Cyber Workforce
    Strategy.
        Question. In your judgment, what additional authority does the
    Department needs to recruit and retain talent for the Cyber Excepted
    Service?
        Answer. If confirmed, I will review the current authorities and
    make the appropriate recommendations to Congress.
        Question. Should management of the Cyber Excepted Service be
    transferred to the Under Secretary of Defense for Personnel and
    Readiness, in your view?
        Answer. In my view, no. The DOD CIO works closely with USD(P&R) on
    program implementation. I understand that both organizations have
    agreed that the DOD CIO is the right functional lead for this area and,
    if confirmed, I will continue the strong partnership between CIO and
    USD(P&R).
        Question. What quantitative and qualitative metrics should be
    established and tracked to determine the effectiveness of the Cyber
    Excepted Service, and to support decisions as to whether adjustments to
    existing authorities are required?
        Answer. I understand that the DOD CIO currently tracks
    implementation metrics such as recruitment and retention data, combined
    with qualification and development information garnered from DOD 8140
    policy implementation. I further understand that the DOD CIO is also
    developing and implementing an advanced analytics tool to enhance
    predictive analysis. As this capability continues to mature, I foresee
    this data being integrated with operational metrics such as readiness
    to provide a broader picture of force capabilities and gaps.
                             command climate survey
        Question. In the context of your service as Principal Deputy CIO,
    did you administer a command climate survey to the workforce under your
    leadership and management? If so, what were the results of that survey
    and what actions did you take or direct to address the survey results?
        Answer. No, I did not administer a command climate survey during my
    tenure as PDCIO.
        Question. If you have not administered such a survey, would you
    plan to do so, if confirmed? Please explain your answer.
        Answer. Yes. In addition to encouraging my organization's
    participation in the annual Federal Employee Viewpoint Survey, if
    confirmed I would also work to develop and administer a DOD CIO-
    specific command climate survey at the earliest opportunity. I believe
    climate surveys are critical in identifying needs and concerns of the
    workforce, and help leaders identify areas that need improvement or
    adjustment to ensure an inclusive workplace environment that
    contributes to the organizational mission.
                               sexual harassment
        Question. In responding to the 2018 DOD Civilian Employee Workplace
    and Gender Relations survey, 17.7 percent of female and 5.8 percent of
    male DOD employees indicated that they had experienced sexual
    harassment and/or gender discrimination by ``someone at work'' in the
    12 months prior to completing the survey.
        What is your assessment of the current climate regarding sexual
    harassment, gender discrimination, and other harassment in the Office
    of the CIO?
        Answer. I assess that the status on these areas is positive
    overall, but always meriting close supervision, as with any
    organization.
        Question. If confirmed, what actions would you take were you to
    receive or become aware of a complaint of sexual harassment,
    discrimination, or other harassment from an employee of the Office of
    the CIO, or an employee of an organization over which the CIO exercises
    authority, direction, and control?
        Answer. If confirmed, I would act quickly and thoroughly to address
    any complaints of sexual harassment, discrimination, or other forms of
    harassment. I would ensure that the individual's chain of command is
    taking the complaint with the utmost seriousness, and will work closely
    with appropriate DOD authorities (Office of General Counsel, Washington
    Headquarters Service, etc.) to get advice and guidance. Additionally, I
    would ensure a positive, inclusive, and fair leadership climate, making
    clear that any sort of discriminatory or harassing behavior has no
    place in CIO or the DOD writ large.
                             cyber readiness review
        Question. In March 2019, the Secretary of the Navy's Cyber
    Readiness Review presented a scathing assessment of the Department of
    the Navy's approach to cybersecurity and hi-lighted the urgent need for
    the Navy to modify its business and data hygiene processes to protect
    data as a resource.
        In your view, would DOD writ large benefit from a ``Cyber Readiness
    Review'' similar to that of the Navy? Please explain your answer.
        Answer. In my view, the Department is keenly aware of the cyber
    readiness issues identified in the Navy review as well as those problem
    areas highlighted in other studies such as the Cyberspace Solarium
    Commission's report. As I understand it, the Department is now
    appropriately focused on the remediation and modernization efforts
    required to address these short-falls.
        Question. If confirmed, specifically what measures would you take
    or direct to improve the cybersecurity culture across the DOD
    workforce--military, civilian, and contractor? How would you empower
    and hold key leaders accountable for improvements in DOD cybersecurity?
        Answer. In my view, shaping and molding an effective cybersecurity
    culture among DOD members is an institutional process that must occur
    across all Components, from the forward-deployed servicemember to the
    civilian at a CONUS installation. Over the past decade, I understand
    that DOD has moved away from the idea that cybersecurity is just a DOD
    CIO responsibility, but the responsibility of every DOD member. To
    improve this trend, I expect that DOD will continue to educate and hold
    its entire workforce responsible for the proper employment of
    cybersecurity practices in the performance of their jobs, and where
    practical, the use of technology to enforce proper cybersecurity
    practices. In September 2020, the Department initiated an effort to
    empower and hold key leaders accountable for improvements in DOD
    Cybersecurity through a revision of its cybersecurity policy for the
    deployment of a cyber-systems and applications. No longer is it just
    the system's operator, the component authorization official, or a
    program manager, but it is now the responsibility of all three to
    consult with each other to ensure any risks are appropriately
    mitigated. If confirmed, I would continue with this emphasis on
    ensuring that cybersecurity is a Department-wide responsibility, and
    not just for those in CIO or other IT organizations.
                            relations with congress
        Question. What are your views on the State of the relationship
    between the Office of the CIO and the Senate Armed Services Committee
    in particular and with Congress in general?
        Answer. In my view, it is critical that the DOD CIO maintain close
    coordination and consultation with Congress. If confirmed, I would
    commit to establishing and maintaining a close working relationship
    with the Members and their staffs.
        Question. If confirmed, what actions would you take to sustain a
    productive and mutually beneficial relationship between Congress and
    the Office of the CIO?
        Answer. If confirmed, I commit to working collaboratively with
    Congress and Department of Defense oversight committees and responding
    to congressional requests in a timely manner. This includes informing
    Members and their staffs of critical updates in a timely and
    transparent manner. I assure the Committee that I will serve as a
    partner with Congress.
                            congressional oversight
        Question. In order to exercise legislative and oversight
    responsibilities, it is important that this committee, its
    subcommittees, and other appropriate committees of Congress receive
    timely testimony, briefings, reports, records--including documents and
    electronic communications, and other information from the executive
    branch.
        Do you agree, without qualification, if confirmed, and on request,
    to appear and testify before this committee, its subcommittees, and
    other appropriate committees of Congress? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    provide this committee, its subcommittees, other appropriate committees
    of Congress, and their respective staffs such witnesses and briefers,
    briefings, reports, records--including documents and electronic
    communications, and other information, as may be requested of you, and
    to do so in a timely manner? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    consult with this committee, its subcommittees, other appropriate
    committees of Congress, and their respective staffs, regarding your
    basis for any delay or denial in providing testimony, briefings,
    reports, records--including documents and electronic communications,
    and other information requested of you? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    keep this committee, its subcommittees, other appropriate committees of
    Congress, and their respective staffs apprised of new information that
    materially impacts the accuracy of testimony, briefings, reports,
    records--including documents and electronic communications, and other
    information you or your organization previously provided? Please answer
    yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, and on
    request, to provide this committee and its subcommittees with records
    and other information within their oversight jurisdiction, even absent
    a formal Committee request? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    respond timely to letters to, and/or inquiries and other requests of
    you or your organization from individual Senators who are members of
    this committee? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    ensure that you and other members of your organization protect from
    retaliation any military member, Federal employee, or contractor
    employee who testifies before, or communicates with this committee, its
    subcommittees, and any other appropriate committee of Congress? Please
    answer yes or no.
        Answer. Yes.
                                     ______

        [Questions for the record with answers supplied follow:]

                    Questions Submitted by Senator Jack Reed
            cybersecurity of department of defense commercial clouds
        1. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, you stated, ``I believe that it is critical
    that the DOD [Department of Defense] assesses the security of
    commercial cloud environments. Penetration testing is an existing
    requirement of the Cloud Computing Security Requirements Guide, which
    all cloud contracts are required to follow, per DFARS [Defense Federal
    Acquisition Regulation Supplement] clause 252.239-7070. If confirmed, I
    welcome the opportunity to work with the DOT&E [Director, Operational
    Test and Evaluation] to strengthen and enhance our existing cloud
    cybersecurity policies to explicitly allow increased testing. DOD CIO
    [Chief Information Officer] recently collaborated with the testing and
    evaluation community to ensure their requested language for enabling
    DOD testing of cloud vendors is included in JWCC [Joint Warfighting
    Cloud Capability] requirements.''
        Will these JWCC requirements include assessments of the control
    plane and hypervisor?
        Mr. Sherman. Yes. I understand that the Department has developed a
    cybersecurity plan for JWCC that supplements the Cloud Computing
    Security Requirements Guide and will enable DOD to conduct independent
    testing and evaluation of commercial cloud services and capabilities,
    from the application to the data layer, to include control planes and
    hypervisors. If confirmed, I would ensure that the Department works
    closely with its industry partners to address potential vulnerabilities
    and ensure that defensive capabilities are effective.
        operational expertise of chief information officers of military
                                  departments
        2. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, you expressed your opinion that it is
    advisable for the CIOs of the military departments and combat support
    agencies to have operational expertise, and provided two examples of
    methods for achieving that objective. One is to include such
    capabilities in position descriptions and vacancy notices; another is
    to make familiarity with military operations and technology
    requirements to support current operational doctrine and strategies a
    key consideration in hiring. If confirmed, will you make such
    recommendations to the Secretary of Defense?
        Mr. Sherman. Yes, if confirmed, I would work with Departmental
    leadership to ensure that both operational and technical expertise are
    considerations in hiring decisions for Military Department and Combat
    Support Agency CIOs.

        3. Senator Reed. Mr. Sherman, do you think this issue is important
    enough for Congress to mandate such qualifications?
        Mr. Sherman. No. I believe these are important characteristics that
    must be considered, but a mandate is unnecessary and might unduly
    restrict otherwise highly-qualified individuals from applying for such
    positions.
                      electromagnetic spectrum operations
        4. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, you stated that ``multiple studies have
    revealed governance as a major challenge for DOD spectrum operations,
    including dispersed responsibilities across the Department at various
    organizational levels.'' The Fiscal Year 2020 National Defense
    Authorization Act (NDAA) required the Secretary of Defense to designate
    a Principal Information Operations Adviser (PIOA) and to conduct a
    posture review and designate a joint force provider and joint force
    trainer. Two years later, the Secretary of Defense has designated the
    Under Secretary of Defense for Policy as the PIOA and has just kicked
    off the posture review. The Fiscal Year 2019 NDAA established the Vice
    Chairman of the Joint Chiefs as the ``Senior Designated Official'' in
    charge of the Electromagnetic Spectrum Operations Cross Functional Team
    (EMSO CFT). Congress also had previously created the position of
    Principal Cyber Adviser (PCA) to the Secretary of Defense to bring
    greater coherence and integration to the cyber mission in the
    Department. Congress recognizes that electronic warfare, cyberspace
    operations, military deception and psychological operations, military
    information support operations, as well as other disciplines are all
    part of information warfare, and must be well integrated. How do you
    think that the Department could best achieve an integrated information
    warfare enterprise able to compete with peer nation states at the
    strategic level?
        Mr. Sherman. I believe the Department can best achieve an
    integrated information warfare enterprise by teaming across key
    organizations, leveraging the relationships codified in law, and
    ensuring leaders place appropriate high-level emphasis on successful
    EMSO modernization. If confirmed, I would be committed to all of these
    goals, and will work across the Office of the Secretary of Defense
    (OSD), the Joint Staff, and the Military Services to ensure the
    development and delivery of enhanced information enterprise
    capabilities to the force. Also, as the Joint Staff completes the Joint
    Warfighting Concept, I would work closely with USD(P) in its PIOA role
    and the other stakeholders to ensure EMSO is aligned and supports this
    foundational warfighting initiative.
                           software bill of materials
        5. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, you wrote that ``understanding the
    composition of software through a software bill of materials is a
    mandatory first step in understanding and either mitigating or
    consciously accepting a degree of cybersecurity risk. It is also a
    prerequisite for responding to newly-discovered vulnerabilities to
    determine what software in our inventory are affected and need
    immediate attention. If confirmed, I will drive Department-wide policy
    and establish timely guidance for generating, ingesting, and analyzing
    these software bills of materials.''
        What are the impediments or obstacles to achieving a broad mandate
    for a software bill of materials for custom software?
        Mr. Sherman. While I believe there is broad support in concept in
    both government and industry for implementing mandates for a software
    bill of material (SBOM) for custom software, I also think there is not
    yet consensus on specific standards--and therein lies the first
    challenge that I would seek to overcome if confirmed. Implementing SBOM
    at scale would certainly strengthen cybersecurity in the Department,
    but it will require extensive engagement with many stakeholders--from
    USD(A&S) to USD(R&E) to the Services and many others--to gain buy-in
    and endorsement. While challenging, it's a task worth undertaking, and
    I'm committed to doing so if confirmed.

        6. Senator Reed. Mr. Sherman, how difficult do you think it will be
    to work through these impediments and obstacles?
        Mr. Sherman. As with any sort of standards development, this is an
    area that will take extensive and detailed work among experts and
    stakeholders. I estimate that it will require many months of ongoing
    focus within DOD CIO and through various governance forums,
    specifically in those dealing with software as well as cybersecurity.
    If confirmed, I would give my personal attention to progress on this
    area, with an eye to ensuring that the standards are attainable and not
    so burdensome as to hinder agility among the DOD components. Balance on
    that front will be key.
                   resilient position, navigation, and timing
        7. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, in multiple places you cite your concern
    about the vulnerabilities of the Global Positioning System (GPS) and
    the need for DOD to develop and deploy alternative position,
    navigation, and timing (PNT) solutions that are robust and resilient.
    Will the modernization of GPS to the M-Code satellites and M-Code-
    enabled receivers resolve all the issues you see with GPS?
        Mr. Sherman. I believe that modernizing the GPS enterprise to M-
    Code standards is a critical step towards ensuring PNT resiliency for
    the force. M-code replaces the legacy P(Y)-Code that DOD has used since
    GPS' inception over 40 years ago, and M-Code will provide greater
    security and signal robustness to military GPS users in all mission
    areas and increased resistance to Navigation Warfare threats targeting
    the GPS signals in the near-term. However, I see the transition to M-
    Code as a necessary, but not sufficient, step to bolstering DOD's PNT
    capabilities against peer and near-peer adversaries. In addition to
    keeping up the focus on the force-wide transition to M-Code, if
    confirmed I would also be a strong advocate for the continued
    development and deployment of alternative and complementary PNT
    sources. The threats are multi-faceted and the Department's approaches
    to ensuring PNT must be as well.

        8. Senator Reed. Mr. Sherman, while the Military Services are
    developing modular systems to receive and process multiple PNT data
    sources, there are few actual alternative PNT data sources that are
    mature and in the process of being acquired or deployed by the
    Services, and yet near-term solutions need to be identified. What are
    your views about how to resolve this dilemma?
        Mr. Sherman. I believe the Department is taking very seriously the
    need to identify, test, and deploy alternative and complementary
    sources of PNT. Strong partnerships within DOD's PNT enterprise and the
    use of the modular open architecture approach (MOSA) are resulting in
    real capabilities that can help warfighters maintain mission even if
    GPS is jammed or spoofed. There is still much more to do on this front,
    however, and, if confirmed, I would work closely with the other
    stakeholders--to include USD(R&E), USD(A&S), the National Geospatial-
    Intelligence Agency, the Military Services, and others--to ensure that
    warfighters have diversity and resilience in their PNT suite of
    capabilities.
                                 dod365 program
        9. Senator Reed. Mr. Sherman, as you noted in your answers to the
    Committee's advance policy questions, the Department has chosen an
    enterprise-wide standard solution for cloud-based office functions
    through the Defense Enterprise Office Solution and Enterprise Software
    Agreement program (also known as the M365 program). However, when it
    comes to the security of these functions, and the security of the
    overall network, the Department decided to economize, declining to
    procure the cybersecurity capabilities built into the M365 offering.
    The Navy is the only component in the Department that elected to buy
    most of the suite of capabilities offered as options on the contract.
    As a result, the other Services and the defense agencies will remain
    more vulnerable and will prolong DOD's efforts to implement a zero
    trust architecture and achieve an integrated, automated, and
    orchestrated cybersecurity posture. DOD will continue to be plagued by
    interoperability problems. Section 1612 of S.2792, the Committee's
    reported National Defense Authorization Act for fiscal year 2022, would
    require the Department to conduct a comparative analysis of the Defense
    Enterprise Office Solution and Enterprise Software Agreement with the
    current cybersecurity tools and capabilities across the enterprise. In
    your answers to the Committee's advance policy questions, there is the
    implication that the Navy's plan would serve as a sort of pilot or test
    of the relative benefits of each approach. Is that your intention, if
    confirmed?
        Mr. Sherman. During the deployment of M365 in the Department, all
    tenant owners adhered to an effective cybersecurity baseline
    established by DOD CIO and US Cyber Command (USCYBERCOM). As part of
    this process, the Department of the Navy (DoN) chose to employ a
    higher-end option that they determined to be the best fit for their
    requirements and budget. If confirmed, I would ensure that the DoN's
    experiences, along with those of the other components, would all inform
    the work of moving the Department to a Zero Trust posture as well as
    any analyses directed in the Fiscal Year 2022 NDAA.
                                   5g funding
        10. Senator Reed. Mr. Sherman, in your answers to the Committee's
    advance policy questions, you indicated that substantial reductions to
    the Department's planned budget for 5G wireless network technology and
    applications would be detrimental across the range of DOD and national-
    level economic and security interests, including the transition of
    mature 5G and ``next-G'' technologies and applications developed under
    Research and Engineering auspices to CIO management. The Committee is
    concerned that DOD is not going to sustain previously planned
    investments. If confirmed, would you intend to promote robust 5G
    funding as a top priority?
        Mr. Sherman. Yes. If confirmed, I would advocate for robust 5G
    funding to ensure DOD's capabilities in this area. I support the
    Department's research and development on secure applications of 5G that
    are crucial to mission-critical voice and data communication. In
    addition, I would coordinate smooth transitions of 5G technology
    developments from USD(R&E) to enterprise-wide adoptions overseen by DOD
    CIO as specified in Section 224 of the Fiscal Year 2021 NDAA.
                                   __________
                 Questions Submitted by Senator Mazie K. Hirono
    oversight of senior dod officials--sexual assault and sexual harassment
        11. Senator Hirono. Mr. Sherman, as part of my responsibility as a
    member of the Senate Armed Services Committee and to ensure the fitness
    of nominees for appointment to senior positions within the Department
    of Defense (DOD), I ask the same two questions that I ask nominees to
    all of the committees on which I serve. Since you became a legal adult,
    have you ever made unwanted requests for sexual favors, or committed
    any verbal or physical harassment or assault of a sexual nature?
        Mr. Sherman. No.

        12. Senator Hirono. Mr. Sherman, have you ever faced discipline, or
    entered into a settlement related to this kind of conduct?
        Mr. Sherman. No.
                    cyber security priorities and challenges
        13. Senator Hirono. Mr. Sherman, since you have had some experience
    in the position in an acting capacity, if confirmed what would be your
    top priorities as the Chief Information Officer?
        Mr. Sherman. If confirmed, I would take steps to ensure the
    Department is postured to fight and win in a highly-contested,
    degraded, and high-threat environment against a sophisticated state
    adversary like China or Russia. One of my top priorities would be to
    implement Zero Trust, changing the cybersecurity paradigm from one of
    protecting perimeters to one that assumes adversary penetration of the
    network and employs principles of micro-segmentation. Additionally, I
    would work with USD(A&S), the National Security Agency (NSA), the
    Military Services, the Joint Staff, and others to accelerate
    remediation efforts of cybersecurity vulnerabilities on key weapon
    systems--both fielded and those still in development--while also
    collaborating closely with USD(P&R) to recruit, train, and retain an
    increasingly diverse, agile, and capable workforce to meet the growing
    cybersecurity demands of the Department.
        Additionally, I would prioritize the stand-up of JWCC, which is a
    priority requirement for Joint All-Domain Command and Control (JADC2),
    to provide a modern multi-cloud capability at all three security
    levels, from the Continental United States to the tactical edge. I
    would also accelerate the modernization and resiliency of critical PNT
    capabilities, to include GPS M-Code transition and development and
    deployment of alternate/complementary PNT sources. Finally, I would
    work with DOD components, Executive Branch departments, Congress, and
    industry to ensure warfighter access to critical electromagnetic
    spectrum capabilities, while also identifying opportunities to help
    strengthen US 5G advantage in ways that do not degrade or interfere
    with GPS and other vital means of PNT.

        14. Senator Hirono. Mr. Sherman, what are some challenges you see
    the Department facing as cyber security threats continue to arise from
    Russia, China, and other adversaries?
        Mr. Sherman. In my view, one of the major issues that the
    Department must address immediately involves the remediation of known
    cyber vulnerabilities in key weapon systems that would be critical in
    operations against Russia, China, or other adversaries. Additionally,
    ensuring achievable cybersecurity in the Defense Industrial Base,
    particularly with small and medium-size companies--which are vital to
    DOD's success but often the first target for an adversary--must be a
    priority. This ``whole of enterprise'' approach must also extend to
    other parts of the DOD, especially in areas like industrial control/
    supervisory control and data acquisition (SCADA) systems, which can
    represent a vulnerable ``back door'' to an enterprise if not secured
    with the same thoroughness as other parts of the network. Finally,
    DOD's necessary move towards more managed services and the adversaries'
    resulting focus on commercial capabilities will require the Department
    to be even more diligent in pushing for holistic testing and evaluation
    of these technologies, both prior to deployment and during sustainment
    activities.

        15. Senator Hirono. Mr. Sherman, a senior Air Force information
    security official publicly resigned in September, citing what he
    described as the Pentagon's reluctance to make cybersecurity and
    artificial intelligence a priority--he described the Department's cyber
    defense ability as ``kindergarten level'' and no match for China's
    capabilities. How would you respond to that allegation?
        Mr. Sherman. I respect the contributions and views of this former
    official, but strongly disagree with his assertion on this point.
    Although there will always be opportunities to bolster the Department's
    cybersecurity capabilities--such as through the implementation of Zero
    Trust, prompt remediation of weapon system cyber vulnerabilities, and
    rigorous testing of new technologies and services--DOD is a leader in
    the Federal government in terms of protecting its enterprise against
    cyber threats. If confirmed, I would move with alacrity in leading the
    push to even stronger cybersecurity through constant improvements, and
    by building upon the already robust partnerships between DOD CIO and
    USCYBERCOM/Joint Force Headquarters-Department of Defense Information
    Networks (JFHQ-DODIN), NSA, the Military Departments, the Director of
    Operational Testing and Evaluation (DOT&E), and many others.
        In later comments, this official has also noted that the US must
    move with the utmost speed to stay ahead of the China pacing threat. I
    completely agree with that point and, if confirmed, plan to instill a
    sense of urgency in preparing the Department's IT and cyber
    capabilities to stand up to even the most sophisticated adversaries.
                                   __________
                    Questions Submitted by Senator Tim Kaine
                             spectrum interference
        16. Senator Kaine. Mr. Sherman, the Fiscal Year 2021 National
    Defense Authorization Act included a provision, section 1664, requiring
    DOD provide an estimate of damages associated with harmful interference
    resulting from Federal Communications Commission (FCC) Order 20-48 to
    the Global Positioning System of the Department. Additionally, the
    Department--according to section 1661 of the Fiscal Year 2021 NDAA--was
    also expected to exchange technical information with Ligado Networks in
    an effort to identify specific receivers potentially requiring
    upgrading or replacement. If confirmed, could you provide an update on
    the status regarding the fiscal year 2021 provisions and ensure that
    the Department satisfies these Congressional mandates?
        Mr. Sherman. Yes. If confirmed, I will ensure the Department is
    responsive and fulfills Congressional requirements. I understand that
    the Department is currently working towards ensuring these provisions
    are fulfilled.

        17. Senator Kaine. Mr. Sherman, both Congress and the FCC
    envisioned and expected that the Department of Defense and Reston,
    Virginia-based Ligado Networks would engage toward efforts to resolve
    any technical issues regarding the Federal Communications Commission's
    Ligado approval. Have you or anyone within your office responded to
    Ligado requests to meet following the FCC's April 2020 Order?
        Mr. Sherman. I have not met with Ligado and I understand that the
    Department has informed Ligado that the DOD and Ligado are unable to
    communicate on this topic while the National Telecommunications and
    Information Administration's (NTIA's) petition for reconsideration
    regarding FCC's Order 20-48 is pending. Of note, per Section 1662 of
    the Fiscal Year 2021 NDAA, DOD has funded a study by the National
    Academy of Sciences, Engineering, and Medicine to provide an
    independent technical assessment of FCC's Order 20-48.
                                   __________
               Questions Submitted by Senator Angus S. King, Jr.
                                    spectrum
        18. Senator King. Mr. Sherman, there is considerable concern
    amongst some of my colleagues and I about the auction of the 3.10 to
    3.45 megahertz band given the sheer number of critical Department of
    Defense systems currently utilizing it. I have been told the cost
    estimate is $60 to 80 billion to either vacate or share within the band
    itself. But the main issue really is not the money, but the readiness
    impacts that it would cause across the Armed Forces. Even if it is
    possible, it would take many years to reconfigure the large radar
    systems currently in service at the depots for aircraft or dockyards
    for ships. Can you please tell us how serious this is and what actions
    you might do if confirmed to mitigate these concerns?
        Mr. Sherman. I believe that ensuring spectrum availability for DOD
    needs in the mid-band, especially between 3.1 to 3.45 megahertz (MHz),
    is a critical priority and will require attention by all stakeholders
    to ensure both warfighting capabilities as well as advantages for US 5G
    dominance. With DOD's recent efforts to vacate other parts of the
    spectrum, such as with the activities of last year's America's Mid-Band
    Initiative Team (AMBIT), the criticality of the 3.1 to 3.45 MHz band
    has only increased given the number of DOD capabilities operating in
    that range. Accordingly, advocating for a spectrum sharing paradigm--
    vice one based on outright vacating--would be a priority of mine if
    confirmed, and I would look forward to working with Congress, Executive
    Branch stakeholders, other parts of DOD, and industry to enable this
    outcome.
                                   __________
                 Questions Submitted by Senator Gary C. Peters
                              federal contracting
        19. Senator Peters. Mr. Sherman, I have heard from constituents
    that contracting with the Department is rather difficult for startups
    or companies that don't traditionally fit into the defense industrial
    base. How will you ensure that our war fighters receive the best
    technology and products in the market whether they are developed from
    the defense industrial base or two PhD computer scientists in a garage
    in Tulsa?
        Mr. Sherman. I believe that small and medium-sized businesses are
    the backbone of our economy. If confirmed, I would work with my
    colleagues across the Department, especially in USD(A&S), to do
    whatever we can to reduce burdensome requirements that cause barriers
    of entry for small businesses. Innovation at every level is critical to
    ensuring that our warfighters receive the best technology possible,
    whether it's from a 25-person company in the Midwest or a corporation
    with thousands of employees elsewhere in the nation.

        20. Senator Peters. Mr. Sherman, for technology procurement in
    particular, I am told that requirements such as Cybersecurity Maturity
    Model Certification (CMMC), or Impact Level 4 or 5 are real barriers to
    small companies--how would you respond?
        Mr. Sherman. The Department recently completed an internal review
    of CMMC that included the identification of opportunities to lower the
    cost of implementation for small businesses. Based on the conclusions
    of that review, the Department announced ``CMMC 2.0,'' which will
    streamline and simplify the CMMC framework, thereby significantly
    reducing costs for small businesses. If confirmed, I look forward to
    working with USD(A&S) and other stakeholders in implementing this
    updated CMMC approach, with an ongoing focus on how its requirements
    are impacting small and mid-size companies.

        21. Senator Peters. Mr. Sherman, many technology companies have to
    go through the General Services Administration's (GSA) FedRAMP [Federal
    Risk and Authorization Management Program] process to be approved as a
    government information technology (IT) vendor, and then have to go
    through the DOD's Impact Level process. Do you believe these processes
    should have reciprocity? Why or why not?
        Mr. Sherman. I believe there should be reciprocity and symmetry
    wherever possible, to include between FedRAMP and the DOD Impact Level
    process. Put simply, I would always seek to streamline the Department's
    ability to acquire cutting-edge technology--which will be so necessary
    for our warfigthers to stay ahead of China and others--and would also
    work to ensure that cybersecurity standards are met. I'm confident the
    Department can do both, and, if confirmed, would press to ensure these
    processes both make sense for industry partners and preserve necessary
    cybersecurity for DOD systems and data.
                         pathology digitization efforts
        22. Senator Peters. Mr. Sherman, on March 4, 2020, the Defense
    Innovation Board issued a report entitled, ``Defense Innovation Board
    Joint Pathology Center (JPC) Repository Enhancement.'' The report
    states that if the JPC's repository is ``leveraged to its fullest
    potential, it would advance diagnosis and treatment for thousands of
    illnesses, saving lives across the Department and the global population
    . . . '' What is your plan to leverage the repository?
        Mr. Sherman. From a data management and availability perspective,
    the JPC data repository represents an exciting opportunity for DOD to
    share this resource with US institutions and the world. If confirmed, I
    would engage with the Director of the JPC to determine how DOD CIO can
    help to ensure this repository is appropriately leveraged.

        23. Senator Peters. Mr. Sherman, in the DOD's Joint Pathology
    Center, there are tens of millions of slides that could be digitized,
    and used to build an artificial intelligence (AI) model to more easily
    and accurately detect cancer. This would vastly improve the lives of
    our men and women in uniform, and in fact all of our citizens. This
    treasure trove of data would allow our country to take an important
    biotechnology leadership position on the world stage. Other than two
    small contracts that the Department has let that seem to be
    accomplishing nothing at any rapid rate, this vision is completely
    unfulfilled. What will you do to accelerate this, to rapidly realize
    the vision outlined in this report?
        Mr. Sherman. If confirmed, I would work to ensure that the promise
    of JPC's data to help detect cancer and other address other priorities
    would be fully realized. In this effort, I would build upon the work
    that I understand is already underway involving several components to
    field data management fundamentals critical for the implementation of
    AI capabilities. For example, the Joint AI Center (JAIC) and Defense
    Innovation Unit (DIU) have worked together to develop an augmented
    reality microscope for cancer detection on pathology slides, while the
    Defense Digital Service (DDS) has also been engaged with JPC on
    digitization of pathology samples. As CIO, if confirmed, I would bring
    all the entities together to ensure unity of effort and availability of
    the Department's IT resources for projects involving JPC's data.
                                   __________
                   Questions Submitted by Senator Jacky Rosen
                                 cybersecurity
        24. Senator Rosen. Mr. Sherman, if confirmed, what are the
    proactive steps you will take to enhance the cybersecurity posture of
    the Department of Defense's most critical systems, including through
    workforce investments?
        Mr. Sherman. If confirmed, I would seek to strengthen and
    accelerate efforts with USD(A&S), NSA, the Services, Joint Staff, and
    USD(P)/PCA to ensure that weapon systems and defense critical
    infrastructure are capable of operating in a cyber-contested
    environment across the acquisition lifecycle. Further, I would drive
    the enterprise towards a Zero Trust footing by continued deployment of
    enterprise Identity, Credential, and Access Management (ICAM), and
    standing up a Zero Trust Portfolio Management office within DOD CIO.
        To enhance the posture of the cyber workforce, including those
    responsible for cybersecurity activities, I would continue development
    and implementation of the DOD Cyber Workforce Framework (DCWF). The
    DCWF allows the Department to track and develop its cyber workforce
    based on skill requirements. This process, coupled with the Cyber
    Excepted Service (CES), allows for targeted recruitment and retention
    across the total force (civilian, military and contractors). I would
    also oversee the drafting and publication of a new Cyber Workforce
    Strategy that would focus on ways that the Department could better
    compete for and develop diverse and capable talent in an increasingly
    competitive environment.

        25. Senator Rosen. Mr. Sherman, if confirmed, how will you ensure
    DOD has access to the cyber personnel needed to defend its networks
    from attacks and launch offensive operations?
        Mr. Sherman. The Department must focus on ensuring it has the right
    capabilities to achieve superiority when conducting defensive and
    offensive missions in the cyberspace domain. If confirmed, I would work
    with our OSD (especially USD(P&R)), USCYBERCOM, and Military Service
    partners to implement the DCWF. This, in conjunction with the DOD 8140
    policy series and the CES, provides the policies and mechanisms needed
    to meet current missions along with the agility to adapt to future
    missions.

        26. Senator Rosen. Mr. Sherman, can you speak to the positive
    impact of a capable and nimble cyber workforce on readiness, and thus
    national security?
        Mr. Sherman. I believe that traditional workforce models, where
    those in high-demand skillsets stay to work at DOD for a decades-long
    career, will be increasingly less applicable. Indeed, there might be
    instances in fields such as a data science where careers that include
    government service and private sector employment are not only
    desirable, but actually an imperative in order for specialists to keep
    their skills honed. If confirmed, I would ensure these considerations
    feature prominently in a new Cyber Workforce Strategy, which would be
    based on an overriding theme that successful cybersecurity will require
    different approaches on talent, recruitment sources, degree
    requirements, and other factors.

        27. Senator Rosen. Mr. Sherman, how might supplementing existing
    DOD personnel with additional cyber capacity be of value to the
    national security enterprise, especially when responding to a
    significant cyber incident?
        Mr. Sherman. Additional capacity, such as from the National Guard
    and Reserves, has contributed and will continue to add to DOD's ability
    to respond to cyber incidents. If confirmed, I would work closely with
    GEN Paul Nakasone in his role as Commander, USCYBERCOM, to provide
    inputs to his oversight of the broad array of Cyber Operations Forces
    that are critical to proactive defense against cyber threats. Also, I
    would work closely with interagency partners, such as at the Department
    of Homeland Security, Intelligence Community, and elsewhere, to ensure
    effective teaming against national security cyber threats.
                             emerging technologies
        28. Senator Rosen. Mr. Sherman, a recent report from the National
    Security Commission on Artificial Intelligence (AI) highlights the
    risks of the United States failing to compete in the AI era and
    presents a strategy to defend against AI threats, responsibly employ AI
    for national security, and win the broader technology competition. How
    can the Department leverage AI using this report's recommendations to
    support DOD's information enterprise?
        Mr. Sherman. I commend the National Security Commission on
    Artificial Intelligence for their excellent report. One of the most
    important contributions in the report is its focus on the enterprise
    infrastructure and foundational IT required to integrate AI across the
    Department and help secure competitive military advantage. Developing,
    testing, and fielding AI at scale is not possible without that
    technical backbone in place, and the Commission has provided a number
    of recommendations to help us achieve this goal. Ideas such as a secure
    data architecture, packaged AI environments, a marketplace of shared AI
    resources, and modern governance structures and procedures will form
    the digital ecosystem that the Commission describes. I understand that
    DOD CIO has already taken a number of steps to provide the foundation
    upon which this ecosystem will be built, by pursuing the JWCC and by
    scaling network infrastructure across the enterprise. If confirmed, I
    would continue to be a leading voice in bringing the Commission's
    recommendations to fruition.

        29. Senator Rosen. Mr. Sherman, if confirmed, what other emerging
    technologies will you encourage DOD to prioritize in its research and
    development (R&D) and procurement activities?
        Mr. Sherman. In addition to AI-empowered technologies, if
    confirmed, I would work closely with USD(R&E) and others to ensure DOD
    pursues a leadership position in the research and development of
    technologies that enable Zero Trust. I would also advocate for
    technologies that advance and increase network bandwidth, such as the
    integration of additional low-earth orbit (LEO) satellite
    communications to further compliment terrestrial capabilities. As
    network traffic continues to increase, I believe that more research
    into improving data compression algorithms would also greatly benefit
    the information enterprise. Finally, I would advocate strongly for
    additional progress on capabilities to provide alternative and
    complementary PNT sources.

        30. Senator Rosen. Mr. Sherman, if confirmed, how would you work to
    identify commercial, off-the-shelf innovations that have potential
    national security applications, and how could you bring them to scale?
        Mr. Sherman. If confirmed, I would leverage established processes
    and governance, such as the Software Modernization Senior Steering
    Group (SSG), to identify and scale commercial, off-the-shelf (COTS)
    technology. The Software Modernization SSG is a cross-functional team
    chaired by senior leaders in DOD CIO, USD(A&S), and USD(R&E) charged
    with establishing technical and non-technical guidelines to accelerate
    adoption of modern software development technologies and cloud
    capabilities. The SSG is well-positioned to identify emerging
    technologies and identify roadblocks to adoption across the enterprise,
    and I believe it is an effective fulcrum for finding and deploying COTS
    software capabilities.

        31. Senator Rosen. Mr. Sherman, as part of the Department's Digital
    Modernization Strategy, how should DOD work to quickly replace
    vulnerable, outdated equipment with modern alternatives?
        Mr. Sherman. In order to replace vulnerable and outdated equipment
    with modern alternatives, I believe that the Department should continue
    with its efforts to transition capabilities to the cloud, embrace a
    software-as-a-service (SaaS) model, and implement software-defined
    networking. DOD should also continue to update acquisition strategies
    with a revised software acquisition pathway to enable acceleration of
    modernization efforts.

        32. Senator Rosen. Mr. Sherman, what would funding information
    technology modernization do to reduce vulnerabilities and improve our
    response to cyber-attacks?
        Mr. Sherman. I believe that funding IT modernization would allow
    the Department to accelerate adoption of a Zero Trust architecture and
    provide a quick reaction capability to respond to cybersecurity
    vulnerabilities and attacks. IT modernization also allows the
    Department to transition from historic software development models to a
    development, security, and operations (DevSecOps) model, which allows
    for agile system iterations.

        33. Senator Rosen. Mr. Sherman, in your view, how can DOD reform
    its budgeting, programming, and acquisition process to accelerate IT
    acquisition?
        Mr. Sherman. I believe that the Department's budgeting,
    programming, and acquisition processes are well-aligned overall to meet
    the Department's mission. One I area that I think merits consideration
    involves greater latitude to utilize the current Research, Development,
    Test and Evaluation (RDT&E) Budget Activity (BA) 8 Software and Digital
    Technology Pilot to provide enhanced financial flexibility for digital
    modernization activities.
                                   __________
                 Questions Submitted by Senator James M. Inhofe
                 cloud and information technology capabilities
        34. Senator Inhofe. Mr. Sherman, how will the Department quickly
    stand up a secure, classified outside of the Continental United States
    (OCONUS) cloud capability, which is critical to meeting the
    Department's Joint All-Domain Command and Control (JADC2) objectives?
        Mr. Sherman. I believe the Department will be able to quickly stand
    up secure, classified cloud capabilities in overseas settings by
    implementing the objectives outlined in the recent DOD OCONUS Cloud
    Strategy, which puts the strategic focus of the DOD's cloud computing
    on supporting forward-deployed units in tactical settings. This
    strategy recognizes the challenges of operating at the tactical edge,
    which has been a challenge for traditional cloud ecosystem. It includes
    three major tenets: (1) the modernization of in-theater communication
    networks; (2) the deployment of cloud compute at the edge; and, (3) the
    recruitment, retention, and training of talent to employ these
    technologies. If confirmed, I would ensure implementation of these
    objectives so that our warfighters have the technological capabilities,
    especially modern cloud computing, required to fulfill their OCONUS
    missions.

        35. Senator Inhofe. Mr. Sherman, how will the Department address
    data sovereignty issues surrounding OCONUS cloud?
        Mr. Sherman. Data sovereignty remains a challenging issue with
    regards to the OCONUS cloud way-ahead, given that DOD data must remain
    under US legal jurisdiction. Other countries have laws in place that
    allow their governments to require cloud service providers (CSPs) to
    disclose customer data, and, in some cases, CSPs are legally barred
    from notifying the customer that their information has been provided to
    an outside entity. I believe the best course of action is to ensure
    that OCONUS cloud data is hosted within the boundaries of the United
    States, US territories, or geographic locations where there is US
    jurisdiction, and this data hosting requirement will need to be squared
    with cloud computing capabilities at the tactical edge. A tall order to
    be sure, but one that I'm committed to addressing with the DOD Chief
    Data Officer (CDO) and others.

        36. Senator Inhofe. Mr. Sherman, how will DOD drive Department-wide
    adoption of Identity Credentialing and Access Management (ICAM)?
        Mr. Sherman. Implementation and adoption of enterprise ICAM
    services is critical for the Department to achieve modernization and
    security goals, especially Zero Trust. If confirmed, I would ensure
    that enterprise ICAM is affordable and available across the DOD to all
    components. Further, I would ensure any federated ICAM architectures,
    which will likely be required while an enterprise capability is being
    tested and rolled out, will be effectively integrated and
    interoperable. This is a topic on which I spent much time during my
    three years as the Intelligence Community CIO, with extensive
    engagement on standards and buy-in due to ICAM's criticality for
    security in the broader enterprise. If confirmed, I plan to leverage
    this experience to ensure that DOD is able to implement ICAM
    successfully and at scale.

        37. Senator Inhofe. Mr. Sherman, how will the Department leverage
    ICAM to drive to a Zero Trust Architecture?
        Mr. Sherman. Identity management, multifactor authentication, and
    dynamic access are foundational ICAM capabilities needed to implement a
    Zero Trust architecture. ICAM is the first line of defense to confirm
    identity, verify need, and authorize access to data. Zero Trust will
    actively incorporate and employ DOD ICAM services. For example, if an
    enterprise credential is stolen or compromised, revocation of the
    credential will prevent its use, minimizing or eliminating loss or
    degradation of our systems and networks. Continuous authentication, one
    of the key elements of a Zero Trust architecture, relies on the ability
    to link an authenticated user to that individual's identity attributes
    to support real-time access decisions, enabling secure information
    sharing.

        38. Senator Inhofe. Mr. Sherman, in the context of initiatives to
    consolidate information technology (IT) contracts, which are critical
    to lower costs, what other DOD IT consolidation efforts are planned to
    realize similar savings?
        Mr. Sherman. I understand that DOD CIO is leading two major IT
    consolidation efforts. These include the Fourth Estate Network
    Optimization (``4ENO''), which is targeted to Defense Agencies and
    Field Activities, and the Data Center Optimization Initiative, which is
    being implemented across the full DOD enterprise. While 4ENO
    consolidates service desks and networks, driving efficiencies and
    increased performance, the Data Center Optimization is intended to
    drive efficiency, performance, security, and affordability in the
    domain of data storage and compute. In addition to these DOD CIO-led
    activities, I'm aware of Military Department-led initiatives, such as
    the DoN's ``Operation Cattle Drive,'' which also aims to increase
    efficiency by eliminating older and/or redundant systems. If confirmed,
    I would not only keep up the focus on the successful DOD CIO-led
    projects, but also seek to capitalize and build upon worthy initiatives
    being undertaken in the Military Departments and elsewhere.
                                   __________
                   Questions Submitted by Senator Thom Tillis
                               end point security
        39. Senator Tillis. Mr. Sherman, what is the overall strategy and
    timeline for delivering next-generation endpoint security across the
    .mil domain?
        Mr. Sherman. It is my understanding that the Department is
    finalizing the DOD Endpoint Security Strategy, which outlines a new
    approach for endpoint security, leverages industry advancements, and
    protects endpoints from evolving threats. The overall goal of the
    strategy is to provide operational flexibility to enable agile,
    interoperable and resilient cyber endpoint defenses via a data-centric
    approach for endpoint security solutions. The Strategy describes the
    goals and high-level architecture of the desired endpoint security end
    state to be achieved by fiscal year 2025.
     security operations centers and cybersecurity service providers pilot
                                    program
        40. Senator Tillis. Mr. Sherman, recall section 1733 of the Fiscal
    Year 2021 NDAA, which tasks the Office of the Chief Information Officer
    (CIO) to ``conduct a pilot program to assess the feasibility and
    advisability of developing and using speed-based metrics to measure the
    performance and effectiveness of security operations centers and cyber
    security service providers in the Department of Defense.'' Do you
    commit to meeting obligations and reporting deadlines outlined in that
    requirement?
        Mr. Sherman. Yes. If confirmed, I will ensure the Department is
    responsive and fulfills Congressional requirements. I understand that
    the Department is currently working towards ensuring these provisions
    are fulfilled.
                                   __________
                Questions Submitted by Senator Marsha Blackburn
                             cyber vulnerabilities
        41. Senator Blackburn. Mr. Sherman, some of our development of
    next-generation weapons systems vehicles involve an interconnectedness
    between two or more platforms that is truly unprecedented. How are we
    going to ever harden them, defend them, and even instrument them, from
    a cyber-standpoint?
        Mr. Sherman. In my judgement, every military capability must
    include within its requirements a cyber-survivability performance
    parameter, which will be addressed during research, design,
    development, test, and in all subsequent modernization, upgrades, and
    sustainment activities. Cybersecurity of the systems is a key focus for
    both developmental and operational testing, which includes adversarial-
    level penetration testing, or red-teaming. If confirmed, I would work
    with USD(A&S), the Military Services, DOT&E, and others to ensure these
    considerations remain front and center with regards to weapon systems
    cybersecurity.

        42. Senator Blackburn. Mr. Sherman, are we adequately assessing
    weapons platforms and relevant systems holistically (i.e. from an enemy
    or red-cell perspective)?
        Mr. Sherman. Yes, I believe that DOD is adequately assessing weapon
    platforms and relevant systems. Both the -Defense Intelligence
    Enterprise and Military Services conduct assessments, and the Services
    are currently implementing mitigations for cyber vulnerabilities on
    critical weapon platforms and systems. Moreover, it is my understanding
    that the Department prioritized mitigation for critical warfighting
    systems to ensure that cyber-hardening efforts meet the needs of
    Combatant Commanders.

        43. Senator Blackburn. Mr. Sherman, do you believe there is
    legitimacy along the procurement path to task qualified individuals to
    ``disrupt, ``exploit,'' or ``sabotage'' any joint force or service
    procured weapons systems to fully understand the vulnerabilities of the
    networks that underpin these assets?
        Mr. Sherman. Yes. I believe there are benefits to be gained during
    the procurement of a DOD system to have a red team actively seek cyber
    vulnerabilities. If confirmed, I would support DOT&E's use of cyber red
    teams to discover vulnerabilities both through operational testing of
    acquisition programs and in assessments conducted during training
    exercises.
                       joint warfighter cloud capability
        44. Senator Blackburn. Mr. Sherman, do you have a plan to solve the
    Disconnected, Disrupted, Intermittent and Delayed (DDIL) environments?
        Mr. Sherman. If confirmed, addressing DDIL challenges would be
    among my top priorities given how important it will be for US military
    operations in distant, highly-contested combat environments. Given
    DDIL's complexity, I believe that solving it should involve a mix of
    capabilities and approaches, to include mitigation, redundancy,
    architectural resiliency, and the adoption of advancements in
    technology. Evaluation of CSP global network fabrics with advanced
    tactical edge cloud capabilities will also be critical. I'm aware of
    the work that the DoN (especially the Marine Corps) has done in this
    area to push vendors to think more holistically about solutions for
    DDIL. If confirmed, I would seek to build on these engagements, and
    further press CSPs and others to come up with solutions--many of which
    might have applicability in several industry sectors as well--to answer
    DOD's needs in this critical space. Finally, I'm confident that
    USD(R&E)/DARPA, DIU, and other DOD research and engineering centers can
    help solve this challenge, and I plan to enlist their help accordingly.

        45. Senator Blackburn. Mr. Sherman, can you identify potential
    pitfalls created by these DDIL environments?
        Mr. Sherman. I believe that DDIL environments will create
    significant challenges that DOD must solve to ensure effective Joint
    Warfighting operations. The outgoing Vice Chairman and others have
    noted that US and Coalition warfighters must be prepared to fight
    ``disconnected'' at times in areas like the Indo-Pacific, and then
    ``reconnect'' to the network when possible. If confirmed as CIO, I see
    my job as providing solutions to significantly reduce (or even
    eliminate) the amount of time that units must fight disconnected. New
    solutions, to include modern mesh networks, LEO constellations, 5G/
    Next-G, resilient terrestrial transport, and cybersecurity based on
    Zero Trust, all must be priorities to provide redundancy and
    resilience. Put another way, data-informed decision advantage will be
    critical in operations against a peer or near-peer adversary. Our
    adversaries know this and will do whatever they can to disrupt this
    information flow, and hindering their ability to do so must be a top
    priority for CIO and partners in the rest of the DOD digital
    enterprise.
                                   __________
                   Questions Submitted by Senator Josh Hawley
         concern with concentrating market power in the industrial base
        46. Senator Hawley. Mr. Sherman, the Department of Defense has long
    struggled with consolidation in the industrial base, and we're seeing
    this problem now with emerging technologies, where just a few large
    companies own a lot of the technology or can buy it up. Do you agree
    that concentrating market power in just a handful of companies like
    Google, Microsoft, Facebook, and Amazon makes it harder for competition
    to occur and spur innovation, especially as it relates to information
    technologies?
        Mr. Sherman. I believe that the US technology sector, from the
    largest companies to some of the smallest, represent a national
    advantage vis-`-vis China and other nations. Having said that, too much
    consolidation in any one sector can be a cause for concern. If
    confirmed, I would work with USD(A&S), USD(R&E), and others to ensure
    that we hear from the broadest range of voices and ideas, especially to
    include small and medium-size business, which I believe are the
    ultimate backbone of the US economy. There are certain capabilities
    that only larger companies can bring to bear at the scale needed by
    DOD, but I strongly believe there is impressive innovation occurring
    all across US industry that the Department must leverage.

        47. Senator Hawley. Mr. Sherman, how can we ensure a robust and
    competitive market for emerging technologies--especially in the
    information space--that isn't dominated by a few big firms?
        Mr. Sherman. I believe that maximizing DOD's investment and
    engagement with small business must remain a top priority to inspire
    innovation. Intentional support of innovative small businesses and
    cutting-edge academic research drives a robust market for emerging
    technologies. The DOD must prioritize access to emerging innovations,
    with a constant focus on ideas emerging across the entire spectrum of
    sources--from the 25-person company to the well-established CSP. If
    confirmed, I would work to ensure we keep the door open to all.
                                     ______

        [The nomination reference of Mr. John B. Sherman, follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The biographical sketch of Mr. John B. Sherman, which was
    transmitted to the Committee at the time the nomination was
    referred, follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The Committee on Armed Services requires all individuals
    nominated from civilian life by the President to positions
    requiring the advice and consent of the Senate to complete a
    form that details the biographical, financial, and other
    information of the nominee. The form executed by Mr. John B.
    Sherman in connection with his nomination follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nominee responded to Parts B-F of the committee
    questionnaire. The text of the questionnaire is set forth in
    the Appendix to this volume. The nominee's answers to Parts B-F
    are contained in the committee's executive files.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nomination of Mr. John B. Sherman was reported to the
    Senate by Chairman Reed on December 8, 2021, with the
    recommendation that the nomination be confirmed. The nomination
    was confirmed by the Senate on December 14, 2021.]
                                    ------

        [Prepared questions submitted to Mr. Ashish S. Vazirani by
    Chairman Reed prior to the hearing with answers supplied
    follow:]

                            Questions and Responses
                           duties and qualifications
        Question. Section 137a of title 10, U.S. Code, establishes the
    position of the Deputy Under Secretary of Defense for Personnel and
    Readiness (DUSD(P&R)) and provides broad guidance as to the DUSD's
    duties and powers.
        If confirmed as DUSD(P&R), what do you believe would be your most
    critical duties and responsibilities?
        Answer. I believe the most critical duties and responsibilities are
    to ensure that we are meeting our obligations with respect to
    servicemembers, their families, and the civilian workforce of the
    Department. In particular, the Department must be focused on Secretary
    Austin's commitments to build a ready, diverse, and resilient force
    reflective of the Nation it serves. As Under Secretary Cisneros said
    when he appeared before the committee in July, ``Caring for the people
    who make up the Department of Defense's total force is a sacred
    responsibility.'' I agree wholeheartedly and if confirmed, I plan to
    fully support the leadership in taking care of the people, which is the
    most critical factor to our readiness and national security.
        Question. What is your understanding of the role of the DUSD(P&R)
    as ``first assistant'' to the Under Secretary of Defense for Personnel
    and Readiness (USD(P&R))?
        Answer. If confirmed, as the first assistant to the Under Secretary
    for Personnel and Readiness, I believe my roles is to support and
    discharge the statutory and policy responsibilities of the office,
    promote and advance the Administration's values, the Secretary of
    Defense's priorities, and the Under Secretary's focus on recruiting and
    retaining a diverse force; cultivating an inclusive environment free of
    sexual assault, sexual harassment, prohibited discrimination, and other
    problematic behaviors; and promote through policy, oversight, and
    resource advocacy a ready and resilient force prepared to answer the
    national security challenges of today and the future. If confirmed, I
    commit to providing the Under Secretary and other Department leaders
    informed, candid, and pragmatic perspectives, recommendations, and
    advice as the first assistant, and be prepared to assume the duties of
    the USD(P&R) should I be called upon to do so.
        Question. What leadership and management experience do you possess
    that you would apply to your service as DUSD(P&R), if confirmed?
        Answer. I bring 35 years of leadership, management, progressive
    learning and increasing responsibility in the military, the private and
    non-profit sectors.
        Foundational to my career are the seven years of Active military
    service I spent in the United States Navy, where I gained valuable
    leadership and management experience as a submarine officer, community
    manager and detailer.
        Following graduate education in management and industrial design, I
    further developed management capabilities while leading organizations
    through significant transformations. I assisted global technology and
    pharmaceutical companies improve commercial (marketing and sales)
    planning and execution. I have significant expertise in strategic
    planning, having helped organizations identify their growth priorities
    and levers for growth, and then facilitating the prioritization of the
    most critical levers to drive impact. Driving change requires
    perspective to craft a vision, a willingness and capacity to make
    decisions informed by data and rigorous analysis, and the ability to
    form and motivate teams that can drive change; capabilities that I have
    developed. I have significant experience in organization design
    (structure and operations) developed through supporting my clients and
    through building consulting teams and organizations where I had
    responsibility for the people as well as profit and loss.
        I translated my experience in the private sector to drive change
    and impact in the non-profit sector with a focus on supporting military
    families, a commitment I would maintain if confirmed. At the Armed
    Services YMCA I developed programs and partnerships to improve the
    well-being of junior enlisted military families. As the Executive
    Director and CEO of the National Military Family Association I led an
    organization focused on standing up for, supporting, and enhancing the
    quality of life for every military family through bold advocacy,
    innovative programming, and dynamic and responsive solutions. These
    experiences provided me with perspective regarding the opportunities
    and challenges of military life and the collaboration required to
    develop more complete solutions. I also served as a member of the
    National Academy of Sciences, Engineering and Medicine's Committee on
    the Well-Being of Military Families.
        Question. Please provide an example of a situation in which you led
    and brought to conclusion a management improvement/change initiative in
    a large, complex organization.
        Answer. An example of the application of these skills was an
    engagement with the world's leading software company. During the
    engagement, I led a client and consulting team that collaborated to
    craft the strategy and implement a global agency model to transform the
    company's direct marketing efforts. My team was responsible for the
    development of the 5-year relationship marketing strategy and
    supporting agency model, management of the agency selection process,
    and design and implementation of the operating model. The global agency
    model created more than $100 million in savings in the first year, and
    the relationship marketing strategy improved marketing effectiveness as
    measured by campaign metrics and customer satisfaction.
        Question. Specifically, what background and experience do you have
    that qualify you to provide advice and assistance to the USD(P&R) on
    military and civilian personnel matters in the DOD?
        Answer. During my Active Duty service, I served as a personnel
    manager (detailer) for the Submarine and Nuclear Power community of the
    United States Navy. I would bring a warfighter's and community
    manager's mindset to the areas of military personnel matters. Following
    my career in the Navy, I worked in the professional services sector
    building teams of motivated, educated, and driven individuals to solve
    complex problems through use of data and analytics. As DOD works to
    build and sustain a Total Force that is ready to address threats in
    emerging warfare domains, I will be able to support the USD(P&R) on
    issues related to recruiting, training, education, health care,
    professional development, and retention.
        Question. Specifically, what background and experience do you have
    that qualify you to provide advice and assistance to the USD(P&R) on
    matters of military readiness?
        Answer. Military readiness has several critical components--
    defining readiness based on the requirements of the national defense
    strategy, developing force readiness, readiness evaluation, and
    readiness reporting.
        I have worked with global organizations to assist them with
    definitions of readiness for their commercial organizations (sales and
    marketing) based on growth and profitability objectives, organization
    design, professional development programs, and the measurement of
    commercial readiness and productivity. If confirmed, I would translate
    this capability with a focus on military readiness to support the
    USD(P&R).
        Question. Specifically, what background and experience do you have
    that qualify you to provide advice and assistance to the USD(P&R) on
    matters of health services?
        Answer. During the early portion of my consulting career, I advised
    companies in the health care market. Providing impactful and actionable
    advice required me to understand the dynamics of the healthcare market
    place--prevalence of disease (acute and chronic), providers, payors,
    and patient populations. That experience will help me to advise the
    USD(P&R) and the ASD(HA) on issues related to health services for the
    military community (Active and Reserve components, retirees, and their
    families).
        During the time I spent working with military service organizations
    (MSOs), I represented those organizations to the Defense Health Agency
    to provide the perspective of the military families.
        Question. Specifically, what background and experience do you have
    that qualify you to provide advice and assistance to the USD(P&R) on
    Reserve component matters in the DOD?
        Answer. My background and experience on Reserve component matters
    is limited to issues related to Reserve component military families and
    access to benefits based on Title 32 and Title 10 order status. If
    confirmed, this is an area that would require study to assist the
    USD(P&R).
        Question. Are there are any actions you would take to enhance your
    ability to perform the duties and exercise the powers of the DUSD(P&R)?
        Answer. Education, learning and curiosity have been enablers of my
    success. An engineering background helped me develop a structured
    problem-solving approach and advanced analytic skills. Naval Nuclear
    Power and submarine training required that I develop a disciplined
    approach to learning to comprehend volumes of information at a rapid
    pace, and an ability to quickly diagnose complex operational issues.
    While the engineering background has equipped me with technical
    capabilities and skills, a graduate education in business and
    industrial design enabled me to apply my analytical expertise to a
    broader set of problems, thus allowing me to address strategic and
    management issues with a rigorous and disciplined approach.
        If confirmed, to enhance my ability to perform the duties and
    exercise the powers of the DUSD(P&R) I would start by learning from
    experts within the Department, as well as experts outside the
    Department, including this Committee and other Committees, in both
    chambers of Congress. Based on those learnings, I would work with the
    USD(P&R) to prioritize areas for action and those for greater study.
        Question. If confirmed, what specific duties might you expect the
    USD(P&R) to prescribe for you, particularly in light of the lines of
    effort set forth in the 2018 National Defense Strategy (NDS)?
        Answer. I understand that the next National Defense Strategy is
    currently being developed, but the common thread in our nation's
    defense strategy and posture is our people--the soldiers, sailors,
    airmen, marines, guardians, their families, and the civilians that
    support them--who have committed to upholding the values and principles
    of our country. If confirmed, I look forward to helping the Under
    Secretary in his capacity as the principal advisor to the Secretary on
    all matters related to the health, welfare, and resiliency, of our
    personnel, and the readiness of our forces to fight not only today's
    wars, but also to be best positioned to respond to the threats of the
    future.
        Question. If confirmed, are there any specific duties and powers
    you would recommend that the Under Secretary delegate to you, as his/
    her deputy?
        Answer. Currently, I do not have enough familiarity with the
    distribution of duties and resources within the Office of the Under
    Secretary for Personnel and Readiness to speculate on the delegation of
    any specific duties. If confirmed, I look forward to garnering an
    appreciation of resource allocation and workload distribution in the
    organization, and will offer the Under Secretary candid advice and
    recommendations on the delegation of duties based on my professional
    expertise and management experiences.
                        major challenges and priorities
        Question. What do you consider to be the most significant
    challenges you would face if confirmed as the DUSD(P&R), and how would
    you address each of those challenges?
        Answer. The contemporary challenges to readiness are significant--
    sexual assault, harassment, suicide, military spouse unemployment,
    COVID, and military family financial and food insecurity. We face
    challenges in recruitment and retention--shaping a defense community
    that reflects America and is comprised of diverse, effective teams with
    a range of skills in emerging domains, prepared for tomorrow's fight.
        To meet these challenges and support the Total Force will require
    innovation: a willingness to ask and answer tough questions, rapidly
    test and learn, and scale solutions. If confirmed, I will work closely
    with the USD(P&R), Service Secretaries and Secretary, and Congress, to
    care for the Total Force and our military families, to meet readiness
    requirements and achieve the President's national security objectives.
        Question. What plans do you have for addressing each of these
    challenges, if confirmed?
        Answer. As stated above, if confirmed I would work with experts and
    leaders within the Department, Congress, and external stakeholders to
    define a set of priorities--areas for further evaluation and areas for
    action. Developing plans at this point would be presumptive and I have
    not developed specific plans for addressing these challenges.
                        civilian control of the military
        Question. If confirmed, how would you adhere to and further the
    fundamental principle of civilian control of the armed forces?
        Answer. I have a strong conviction that civilian control of the
    armed forces is a necessity and understand the role and responsibility
    of the Under Secretary and his office as the principal civilian advisor
    to the Secretary of Defense for all matters related to the readiness of
    our forces, and the health and resiliency of the personnel that make up
    the Department's Total Force. As such, if confirmed, I will always
    provide the best possible, candid and informed advice I can to the
    Under Secretary, the Deputy Secretary, and the Secretary of Defense in
    order ensure civilian control of the armed forces.
        Question. If confirmed, specifically how would you ensure your
    inclusion in the discussion, debate, and resolution of U.S. defense and
    national security issues?
        Answer. Our personnel are our most important and critical asset and
    are inextricably tied to our national security and defense posture. As
    such, if confirmed, I will strive to make sure that personnel
    considerations, readiness matters, and other workforce considerations
    are an integral part of the decision making and governance of the
    Department. I will endeavor to work with my counterparts across the
    Office of the Secretary of Defense, the Joint Staff and Combatant
    Commands, and the Military Departments and Services to inform
    deliberative process and decision making, particularly when it comes to
    strategic posture and policy and resource allocation.
                        personnel policy implementation
        Question. If confirmed, what specific changes to personnel policies
    and processes would you recommend to improve the efficiency and
    effectiveness of human resources management--both military and
    civilian--across the Department?
        Answer. People are the greatest asset to any organization, and the
    personnel policies and processes established to manage the workforce
    must be efficient and effective. While I am not aware of specific
    changes that should be made, if confirmed, I will work with senior
    leaders across the Department to identify policy and process
    deficiencies and lead necessary changes to improve or enhance human
    resources management programs.
        Question. What is your understanding of your responsibility, if
    confirmed, to inform and consult with this Committee and other
    appropriate committees of Congress, on the implementation of personnel
    policies directed by law?
        Answer. I understand Congress' critical and Constitutionally
    prescribed roles in providing oversight of the Executive Branch, and in
    enacting legislation and appropriating funds. If confirmed, I
    understand that as the Department implements policies and procedures
    related to the personnel of the Department it has an obligation to
    inform and consult with this and other Committees, in both chambers, to
    ensure we are meeting the spirit and intent of the laws the Congress
    enacts.
        Question. What is your understanding of the timeframe in which
    personnel policies directed by law must be implemented by the
    Department?
        Answer. I understand the obligation to implement statutory
    requirements pursuant to the law. However, I am also aware that
    resource constraints and bureaucratic process delays are a fact of life
    for the Department, just like any other organization. If confirmed, I
    commit to promoting timely action and implementation, and as noted
    above, informing and consulting with this and other Committees as
    appropriate if there are delays.
                                   oversight
        Question. The USD(P&R) prescribes policies and establishes programs
    across the domains of personnel and readiness. Responsibility for
    executing these policies and programs vests primarily in the Military
    Departments and Services, elements of the Office of the Secretary of
    Defense, and the Defense Agencies and Activities, subject to oversight
    by the USD(P&R).
        What is your view of the scope and importance of the USD(P&R)'s
    oversight duties and powers?
        Answer. I believe that the USD P&R's oversight duties and
    responsibilities are extremely significant and broad, impacting all
    aspects of the Department's personnel and readiness requirements. While
    I recognize that the Military Departments have the authority to
    organize, train, and equip, I believe that P&R has an obligation and
    responsibility to ensure the Military Department's actions are in
    compliance with both the spirit and letter of the law and the policies
    of the Department.
        Question. If confirmed, specifically what would you do to assist
    the USD(P&R) in the exercise of his/her oversight duties and powers?
        Answer. If confirmed I will always provide the USD(P&R) with
    candid, pragmatic, and informed recommendations and advice, and assist
    him in executing the Administration's, the Secretary's, and the USD's
    priorities.
        Question. If confirmed, how would you recommend that OUSD(P&R)
    resources be allocated to ensure rigorous oversight of the
    implementation and execution of personnel and readiness policies and
    programs across the DOD?
        Answer. If confirmed, I believe stewardship of P&R resources will
    be a critical responsibility for me as the DUSD(P&R). I will work to
    enhance the efficiency and effectiveness of P&R's policy and oversight
    role by assessing the allocation and balance of human capital and
    resources across the P&R portfolio and providing the USD with
    recommendations that will best align those resources with his
    priorities and the workload of the office. I will do so in alignment
    with intent and guidance from the Under Secretary and leveraging the
    institutional knowledge and background of the P&R Senior Career
    Official and other leaders across P&R.
                     overall readiness of the armed forces
        Question. How would you assess the overall readiness of the armed
    forces, specifically their readiness to execute the National Defense
    Strategy (NDS) and associated operational plans?
        Answer. I believe our armed forces are manned, trained, and
    equipped to execute the strategic objectives in the President's Interim
    National Security Strategic Guidance and the National Defense Strategy.
    While our Military Services are prepared to meet today's operational
    missions, ensure U.S. competitive advantage, and mitigate undue risks
    to our warfighters, their readiness to meet future challenges,
    particularly with regard to
        China and Russia, must remain a priority. If confirmed, I will work
    closely with my colleagues in the Office of the Secretary of Defense,
    the Military Departments and Military Services, and the Joint Staff to
    ensure readiness policies, processes, methodologies, and systems are
    effectively implemented and tailored so that we can keep pace with
    evolving threats. Our readiness policies underpin our goal to provide
    our senior leaders with the best information to assess the way our
    forces generate and sustain readiness to meet both immediate and future
    demands.
        Question. If confirmed, what specific actions would you recommend
    to improve personnel readiness, including with regard to the health of
    the force?
        Answer. If confirmed, I will focus efforts on growing, developing,
    managing, and caring for the talent in our force that underpins the
    U.S. competitive advantage. This includes building a resilient and
    ready force, and fostering an environment that holds DOD leaders at
    every level appropriately accountable for building a safe and
    collaborative workplace. I will also support the Military Departments
    in these areas in order to reduce any potential impacts to readiness,
    because our people are the foundation of our readiness to confront the
    challenges of today and tomorrow. As Secretary of Defense Austin made
    clear in his March 4, 2021, Message to the Force, ``Our most critical
    asset as a Department is our people and we remain the preeminent
    fighting force in the world because of our personnel.''
        Question. If confirmed, what actions would you take to oversee
    compliance by the Military Services with such timelines to ensure that
    personnel and training readiness goals are met?
        Answer. As the lead office for readiness policy and oversight, it
    is USD(P&R)'s responsibility to set the conditions that enable the
    Services to meet readiness requirements. To do so, OSD must work
    closely with Service counterparts not only to ensure their
    understanding and compliance with requirements, but also to advocate
    for the removal of barriers that may inhibit the Service's ability to
    meet their personnel and training readiness goals. If confirmed, I will
    also ensure that there is awareness of specific readiness risk areas,
    and timely solutions to address them across the Services.
        Question. In your view, is the OUSD(P&R) the most appropriate
    organization under which to align the Office of the Assistant Secretary
    of Defense for Readiness? If so, why do you believe this alignment best
    serves the DOD? If not, under which Principal Staff Assistant to the
    Secretary of Defense should the Assistant Secretary of Defense for
    Readiness be aligned for greatest efficacy, and why?
        Answer. Based on my understanding of the responsibilities of the
    ASD(Readiness), I do believe that they are properly aligned under the
    OUSD(P&R). People are the foundational building block of readiness, and
    the more I look at and understand readiness, the clearer it is that the
    recruiting, retention, development, education, training, and management
    of people and their knowledge, skills, and abilities to execute the
    mission are the principal generator of ready forces.
        Question. How do the functions of the Office of the Assistant
    Secretary of Defense for Readiness integrate with the readiness
    functions of the Military Departments, the Joint Staff, and the Under
    Secretary of Defense for Policy?
        Answer. ASD(Readiness) must work seamlessly with the Military
    Departments, the Joint Staff, and the Under Secretaries of Defense,
    including Policy, to set the conditions for readiness across the force.
    As members of the Secretary's staff, the Office of the USD(P&R) must
    ensure that DOD is generating the trained and educated force we need,
    that those forces and civilians across the Department are properly
    protected, and that the force is prepared to meet the nation's
    challenges today and in the future. OSD must work together to provide
    guidance to the Joint Staff, Military Departments, and Military
    Services to ensure they have the tools and strategic direction to build
    and sustain readiness to meet national defense objectives.
        ASD(Readiness) is then responsible for the oversight of these
    activities to ensure the right policies, processes, and authorities are
    in place to sustain readiness under current and future conditions, as
    well as to develop, refine, and track readiness metrics in order to
    inform leadership decision-making.
                              measuring readiness
        Question. What is your understanding of how the Department of
    Defense and the Military Services measure and track readiness? Do you
    believe the current metrics used to measure and track ``readiness'' are
    appropriate, particularly in light of the 2018 NDS?
        Answer. The Defense Readiness Reporting System--Strategic (DRRS-S),
    the Department's authoritative operational readiness database, provides
    a means to manage and report the readiness of DOD and its subordinate
    Components to meet immediate national requirements. It does so by
    providing a comprehensive assessment of a unit's operational readiness
    at a specific point in time. This is important but insufficient to
    understand the Department's long term ability to meet national
    strategic objectives. If confirmed, I will focus on the need to capture
    comprehensive readiness data with the goal of ensuring the DOD has an
    informed view of how decisions made today may impact the readiness of
    the future force.
        Question. If confirmed, what changes would you recommend to engage
    the OUSD(P&R) more directly in tracking readiness across the force? In
    prescribing efforts to remediate or mitigate identified deficiencies in
    readiness?
        Answer. I believe the Department is at a critical technological
    inflection point, where data-driven modeling and predictive analytics
    can provide a fuller understanding of how decisions made today may
    impact the readiness of the current and future force. In order to
    harness this data, the Department also requires a comprehensive
    framework for assessing forces across a broader strategic readiness
    spectrum. If confirmed, I will work with my partners across the
    Department to realize this shift so we can deliver actionable insights
    that provide senior leaders with timely and more objective analysis of
    readiness risks and tradeoffs.
        Question. Does OUSD(P&R) have the analytic tools and expertise to
    assist you, if confirmed, in evaluating DOD personnel and training
    readiness across the spectrum of challenges presented by the strategic
    environment--from low intensity, gray-zone conflicts to protracted,
    high-intensity fights with major-power rivals? Please explain your
    answer.
        Answer. I believe the OUSD(P&R) has both the highly skilled
    workforce as well as the analytical underpinnings to guide the decision
    of the USD(P&R) and my decisions if I am confirmed. I understand that
    the Department-wide focus on enhanced data analytics driven by the
    Deputy Secretary of Defense has created an environment where the
    innovative application of best-in-class analysis techniques are
    partnered with expertise of the military, civilians, and contracted
    workforces to provide decision support to leaders across the
    Department. I believe this ongoing effort will improve the Department's
    performance in evaluating the readiness of our force.
                         non-deployable servicemembers
        Question. In your view, should servicemembers who are non-
    deployable for more than 12 consecutive months be subject either to
    separation from the service or referral to the Disability Evaluation
    System, as is current Department policy?
        Answer. My current understanding is that all servicemembers are
    expected to be deployable and if a servicemember is non-deployable for
    more than 12 consecutive months, the Military Department concerned is
    required to make a retention determination. If confirmed, in order to
    maintain force readiness and prevent impediments to fulfilling
    deployment requirement, I will review current policies to ensure they
    are geared towards maintaining a mission-ready force while still
    providing for individualized review of cases to determine if their
    continued service is appropriate.
        Question. Under what circumstances would the retention of a
    servicemember who has been non-deployable for more than 12 months be
    ``in the best interest of the service''?
        Answer. I would expect these evaluations by the Secretaries of the
    Military Departments to be highly individualized. Secretaries of the
    Military Departments should consider the probability the
    servicemember's condition or reason for the non-deployable status will
    be resolved as well as their ability to execute necessary military
    duties consistent with the member's grade and responsibilities.
        Question. In your view, how should this policy be applied to
    servicemembers with HIV? To servicemembers who identify as transgender?
        Answer. In my view, servicemembers should receive fair and
    equitable treatment, irrespective of the medical condition involved.
        Question. In your view, should a servicemember's readiness to
    perform the required specific missions, functions, and tasks in the
    context of a particular deployment also be considered in determining
    whether that servicemember is deployable?
        Answer. Yes. I am aware that the Military Departments and Services
    consider specific deployment criteria as they assign individuals to
    fulfill these requirements in order to maximize the readiness,
    lethality, and capability of the deployed force.
        Question. What are your recommendations for addressing the
    challenges of medical non-deployability in the Reserve components?
        Answer. Although I do not currently have enough information to
    assess the challenges faced by the Reserve Component related to medical
    non-deployability, if confirmed, I will work with the Military
    Departments on this issue.
     collaboration between the departments of defense and veterans affairs
        Question. In your view, how effective has DOD/VA collaboration been
    to date, and what would you do to enhance it?
        Answer. The DOD and VA serve an overlapping population, and it's
    critical that these two Departments partner and constantly seek
    improvements to support our servicemembers. If confirmed, I will
    support continued efforts to strengthen the Joint Executive Committee
    and its activities to facilitate collaboration between the two
    Departments. We must continue to frequently work with one another,
    maintain constant communication, address any obstacles, and ensure our
    efforts show positive outcomes.
        Question. If confirmed, how would you improve the seamless
    transition of each servicemember as they move from servicemember to
    veteran status?
        Answer. Military to civilian transition is an ever-evolving,
    complex, and multi-faceted process. The Transition Assistance Program
    (TAP) must remain innovative, responsive, transparent and collaborative
    as we work with our servicemembers, Military Departments and Services,
    interagency partners, and non-governmental organizations to
    continuously improve transition services and support. If confirmed, I
    will champion transition programs and collaborate with private and
    public supporters to build upon current successes, achieve ever-
    improving outcomes, and provide our transitioning servicemembers with
    the resources they need both before and after transition to empower and
    enable them to become successful, visible, Active Veterans equipped to
    reach their full potential and strengthen their communities.
        Question. What is your view of the effectiveness of the Transition
    Assistance Program (TAP), and how might it be improved?
        Answer. I believe TAP works, and like any program needs to evolve
    and continuously improve to meet the dynamic and varied requirements of
    transitioning servicemembers. TAP provides comprehensive, holistic,
    timely and personalized transition support. It is my understanding that
    the support TAP currently provides reflects work over the past 10 years
    of continuous assessment, evaluation, collaboration, and improvements
    to the program. If confirmed, I will work with the Services to build
    upon current successes and achieve ever-improving outcomes for TAP
    eligible servicemembers by addressing barriers that could prevent
    successful transition to civilian life and by increasing interagency
    data-sharing to improve TAP evaluation and assessment.
        Question. Should military spouse transition preparation be better
    inculcated in the TAP? Please explain your answer.
        Answer. I absolutely agree that spouse participation and spouse-
    focused transition support and services are critical to successful
    transition. I understand that currently military spouses are invited
    and encouraged to attend all TAP modules. If confirmed, I will review
    how we can better incorporate support to spouses in the program.
        Question. What is your assessment of the efficacy of TAP services
    and support to members of the Reserve components as they transition
    from federalized/mobilized status back to civilian life and
    participation in their assigned reserve and guard units or positions?
        Answer. It is my understanding that the Department integrated TAP
    and Yellow Ribbon Reintegration Program (YRRP) curriculum, evaluation,
    and assessment to ensure transition and reintegration resources are
    available to all servicemembers, spouses, and caregivers all the time.
    If confirmed, I will ensure TAP and the YRRP work in tandem to provide
    support and services to all our servicemembers, to include TAP eligible
    members of the Reserve components, and their spouses and eligible
    caregivers.
        Question. In your view, how can TAP be improved to provide better
    support to members of the Reserve components?
        Answer. While TAP is a valuable program that works for all
    components, we must continue to evolve TAP to best meet all
    transitioning servicemembers needs and requirements. If confirmed, I
    will continue building and expanding the transition and reintegration
    suite of resources and services to achieve ever-improving outcomes for
    TAP eligible servicemembers, spouses and caregivers by addressing
    barriers that could prevent successful transition to civilian life and
    increasing interagency data-sharing to improve TAP evaluation and
    assessment.
        Question. If confirmed, what problems would you recommend be
    submitted to the Joint Executive Committee for review and resolution?
        Answer. If confirmed, my first step would be to listen to our
    subject matter experts and collect as much data and information to
    understand where we are, where gaps may be, and how we can most
    efficiently and appropriately move forward. It is my understanding that
    DOD and VA recently signed their most recent Joint Strategic Plan, to
    include several goals in the areas of health care collaboration,
    benefits, transition, business operations, and strengthening
    interoperability and benefits. If confirmed, I would look to ensure
    that the Department is moving forward as quickly and effectively in
    these areas to drive needed improvements.
        Question. What progress have the DOD and VA made in implementing
    their respective Electronic Health Records? Is each agency's EHR system
    fully interoperable with the system of the other? How would any delays
    in the VA's EHR implementation impact DOD's progress towards full
    implementation of its EHR? Please explain your answers.
        Answer. It is my understanding that the Departments of Defense
    (DOD) and Veterans Affairs (VA) purchased a common Electronic Health
    Record (EHR) system, a Commercial-off-the-Shelf product delivered by
    Cerner, which is interoperable between the two organizations. Even
    though they are using the same EHR system, the DOD's progress toward
    full implementation is independent of the VA's implementation. If
    confirmed, I will work with the DOD and VA to ensure both agencies
    continue on a successful path toward full implementation of the system
    and that the selected contractor meets their obligations.
                                   extremism
        Question. What is your view of the prevalence and effect of
    extremism within the armed forces?
        Answer. It is my understanding that extremist activities in the
    ranks are limited. Unfortunately, extremist activities have an outsized
    effect and thus must be addressed appropriately to ensure the long-term
    safety and security of the Force.
        Question. If confirmed, what recommendations would you have to
    eliminate extremism within the ranks?
        Answer. I understand Secretary Austin directed a review of this
    issue this past summer and may be considering additional
    recommendations and actions. If confirmed, I will work with my
    colleagues to put any recommendations approved into action to further
    increase the stability and security of our servicemembers, civilian
    workforce, contractors and their families.
                            diversity and inclusion
        Question. In general, what is your assessment of the diversity of
    each of the Department of Defense military and civilian workforces?
        Answer. It is my understanding that while the Department has made
    progress in some areas, there remains work to be done. We need to
    ensure that the DOD, the Services, and our civilian workforce
    appropriately reflect the Nation we serve. Our diversity and inclusion
    efforts must help us drive real progress and change. Ensuring
    opportunity is not only about who we are as people, but it also ensures
    that we are doing more to fully leverage the varied strengths of all
    our people.
        I understand that the Deputy's Workforce Council is working to
    address many of the most critical people-related efforts, including
    improvements for diversity, equity, inclusion, and accessibility. More
    must be done in these areas, and if confirmed I will closely engage
    with the Department's subject matter experts to support strong
    progress.
        Question. If confirmed, how would you increase diversity and
    inclusion in the armed forces, and work toward the goal of ensuring
    that the nation's military, at all levels, especially within the senior
    officer ranks, reflects the broad diversity of the nation eligible for
    service in the armed forces?
        Answer. If confirmed, my first steps would be to collect
    information, identify specific areas of concern, work with subject
    matter experts to increase our understanding of these areas of concern,
    and ensure that our oversight and governance frameworks are set up to
    support comprehensive, long-term and sustained progress on these
    issues.
        Question. If confirmed, how would you increase diversity and
    inclusion within the Department's civilian workforce, especially at the
    senior General Schedule and Senior Executive Service levels?
        Answer. I support the Administration's focus on strengthening
    diversity and inclusion in the Federal workforce, and I believe efforts
    should include a focus on the senior levels, including the Senior
    Executive Service. If confirmed, I will work closely with other DOD
    leaders to promote diversity of talent and remove barriers to equal
    opportunity in the Department's senior ranks.
        Question. How would you increase geographical diversity in the
    armed forces, especially from areas of the country and local
    communities that are currently underrepresented in the force?
        Answer. I believe geographic diversity is important and if
    confirmed I will work with the Military Departments and Services to
    help ensure they have fully leveraged technology in an effort to
    improve recruiting in these local and underrepresented communities. I
    believe sustained investment in developing a value proposition that
    resonates with underrepresented communities, virtual recruiting and
    digital marketing will be critical to improving diversity and expanding
    outreach in all communities across the Nation.
                     sexual assault prevention and response
        Question. In your view, how adequate and effective have the
    policies, programs, and training been that DOD and the Military
    Services have put in place to prevent and respond to sexual assault?
        Answer. In a zero tolerance environment, if even one sexual assault
    occurs that means current policies, programs and training are falling
    short. I am aware that over the past several years, DOD has
    substantially updated and issued new policies, established new
    programs, and generally expanded the infrastructure in place to prevent
    and respond to sexual assault. While there are, to my understanding,
    numerous reporting options and support services for victims, we
    absolutely must also prevent these crimes from occurring in the first
    place. I understand that the Department is working through an
    implementation roadmap for the recommendations related to the
    Independent Review Commission on Sexual Assault in the Military (IRC).
    If confirmed, I will work to support Secretary Austin's vision in this
    area and ensure we do everything possible to appropriately address
    sexual assault. These behaviors cannot be tolerated.
        Question. If confirmed, specifically what would you do to increase
    DOD-wide focus on the prevention of sexual assaults?
        Answer. If confirmed, I will support implementation of the approved
    IRC recommendations in support of Secretary Austin's vision. The
    Department must hold itself to the highest standard. The Military
    Departments and Services in particular have the tools and ability to
    shape behaviors, and they must do all they can to prevent sexual
    assaults, as must we all. We need increased focus on this issue and
    identification of the most promising practices, tools, and efforts that
    can help reduce--and eliminate--sexual assaults.
        Question. What is your assessment of the Department's
    implementation of protections against retaliation--most notably social
    ostracism and reputation damage--for reporting sexual assault?
        Answer. Retaliation is completely unacceptable and must be
    eliminated. If confirmed, I will work to evaluate our policies and
    efforts to prevent retaliation and, in particular, social ostracism and
    reputational damage. It is my understanding that the Department's goal
    of eliminating retaliatory behaviors will help lead to an environment
    where victims feel comfortable coming forward to report allegations of
    sexual assault, which will, in turn, lead to increased reporting and
    greater accountability of alleged offenders.
                     sexual harassment in the armed forces
        Question. What is your assessment of the effectiveness of the
    sexual harassment programs of the Department, including those of the
    Military Departments?
        Answer. This is a critical area. My understanding is that the
    Department published new or updated policies in recent years to prevent
    sexual harassment. Nonetheless, sexual harassment remains a challenge
    and I know DOD can do better to prevent this unacceptable behavior that
    undermines unit cohesion, degrades victims, and can be a precursor to
    sexual assault.
        If confirmed, I will prioritize review of the Department's recent
    and ongoing efforts in the prevention area. This is not only an issue
    that must be addressed to ensure our people are treated with dignity
    and respect, but it is also critical for our military's readiness.
        Question. In your view, do methods for tracking the submission and
    monitoring the resolution of informal complaints of harassment or
    discrimination provide DOD leaders, supervisors, and managers with an
    accurate picture of the systemic prevalence of these adverse behaviors
    in the military force?
        Answer. My understanding is that the Department leverages surveys
    and data to measure the prevalence of harassment and discrimination.
    This approach assesses data on experiences to measure rates rather than
    depending only on reports received about these adverse behaviors.
        Data from surveys helps leaders and organizations understand the
    total scope of an issue--its prevalence--and better ensure specific
    actions to address areas that need to be addressed.
        Informal reports are another option, and at the same time it is
    absolutely critical that all leaders throughout DOD take immediate and
    appropriate action when they receive an informal report. They also must
    track them to understand prevalence.
        Question. If confirmed, what actions will you take to improve the
    quality of investigations into allegations of sexual harassment in the
    force?
        Answer. The Department's leaders must always be held appropriately
    responsible for addressing sexual harassment complaints. To improve the
    quality of investigations, if confirmed I will fully support efforts to
    improve leadership engagement in this area, including the
    implementation roadmap for IRC recommendations, including investigation
    of all sexual harassment cases by an independent, well-trained body
    that is outside the chain of command. Addressing issues of sexual
    harassment is critical to put a stop to this readiness-detracting
    behavior.
        Question. Does the Department's method for recording the outcomes
    of informal complaints of harassment or discrimination provide DOD
    leaders, supervisors, and managers with a means of identifying repeat
    perpetrators in the military?
        Answer. If confirmed, I will closely examine this issue. I would
    closely examine anti-harassment and equal opportunity policies to
    ensure they are robust and support efforts in this space. We must
    ensure that any repeat offenders are identified.
             domestic violence and child abuse in military families
        Question. What is your understanding of the extent of domestic
    violence and child abuse and neglect in the armed forces, and, if
    confirmed, what actions would you take to address these issues?
        Answer. Domestic abuse, and child abuse and neglect are
    fundamentally incompatible with military values and negatively impact
    mission readiness. However, these issues do exist in our military, and
    if confirmed, I commit to prioritizing solutions and resources to
    support productive prevention and appropriate response efforts.
        Question. In your view, what more can the Department do to prevent
    child abuse and neglect and domestic and intimate partner violence?
        Answer. It is my understanding that the Department is attacking
    this serious issue by focusing on an integrated primary prevention
    approach. If confirmed, I will ensure that the collaborative efforts in
    this area remain a priority.
        Question. Do you believe that the Department's Family Advocacy
    Program strikes the right balance between healing families and holding
    individuals accountable for acts of domestic violence and child abuse
    and neglect?
        Answer. If confirmed, I commit to thoroughly review the program and
    evaluate how well it addresses prevention, support of those impacted,
    and appropriate accountability for those engaged in these actions. It
    is my understanding that these are all essential components of the
    Department's approach to this issue.
     department of defense education activity, dod schools, and dependent
                                   education
        Question. What is your assessment of the overall quality of
    education provided by DOD schools?
        Answer. It is my understanding that overall satisfaction with DODEA
    schools is extremely high and standardized test scores are on par with
    the finest public school systems in the country. If confirmed, I will
    continue to support excellence in our schools for military families.
        Question. What lasting impacts, if any, do you believe the COVID-19
    pandemic will have on the way DOD schools are run and how DOD
    dependents who attend those schools learn?
        Answer. It is my understanding that DODEA operated very effectively
    during the COVID-19 pandemic, especially when compared with other
    public school systems. If confirmed, I will support the continued
    incorporation of adaptive curriculum and technology to not only to
    prepare for future pandemics, but also to provide individualized
    instruction to meet students' learning needs no matter their location.
        Question. Do you believe DODEA should further expand its
    capabilities to deliver online education going forward? Please explain
    your answer.
        Answer. Although I do not know all of the details, I recently read
    that DODEA is conducting a pilot program to expand access to its
    virtual school. If confirmed, I will be sure to assess the results of
    that pilot and work with DODEA to continue focusing resources and
    education tools to reach its students whether in the classroom or in a
    remote setting.
        Question. What is your assessment of the preparedness of DOD
    schools to respond and react appropriately to active shooter
    emergencies?
        Answer. In today's world, all schools must prepare for active
    shooter situations and the DOD schools are no different, even though
    they are on military installations. Keeping awareness of procedures
    through regular training and drills is vital to ensure preparedness. I
    am aware that DODEA partners with installation commands to evaluate its
    drills, and if confirmed I will continue any and all support to ensure
    student safety.
        Question. How do you assess current class sizes (student to teacher
    ratios) throughout DODEA schools, and do you recommend they be
    adjusted? If so, why?
        Answer. Because I am not an educator, if confirmed, this is an
    issue I want to learn more about from the Department's subject matter
    experts at DODEA. We must continue to invest in our military families
    through our schools and this includes suitably staffing teaching
    requirements.
        Question. In your view, how, if at all, should the quality and
    availability of local public education factor into Departmental and
    Military Service basing decisions?
        Answer. As an advocate who worked closely with military families, I
    know how much our military readiness is dependent upon family readiness
    and I have spent my time in the non-profit sector supporting military
    families--particularly young military families with children. I
    understand that the Military Services are beginning to include the
    quality and availability of local education in basing decisions, and if
    confirmed I will support this effort as well as implement and advocate
    for improvements that may be needed.
        Question. Are you confident that DODEA has in place the policies
    and processes to ensure that:
        Allegations of sexual assault or sexual harassment by a student in
    locations under the jurisdiction of DODEA are properly investigated?
        Answer. If confirmed, I will work to ensure the policies and
    procedures are in place to respond to allegations of sexual assault or
    sexual harassment. As with all Executive Branch agencies, DODEA must
    take reasonable steps to eliminate unlawful discrimination in its
    schools, programs, activities, and workplaces, as required under
    Executive Order 13160, ``Nondiscrimination on the Basis of Race, Sex,
    Color, National Origin, Disability, Religion, Age, Sexual Orientation,
    and Status as a Parent in Federally Conducted Education and Training
    Programs,'' June 30, 2000. If confirmed, I will ensure that requirement
    is followed.
        Question. Information documenting such misconduct, if
    substantiated, is recorded in the permanent record of the offending
    student and that any school to which that student subsequently
    transfers is made aware of that information, as appropriate?
        Answer. I believe information on substantiated misconduct should be
    included in a student's record and transferred if and when that student
    enrolls in a new school and, if confirmed, I will review DODEA's
    policies and take appropriate action as necessary.
        Question. If confirmed, what actions would you direct to ensure
    that DODEA takes all appropriate actions to hold its teachers, other
    employees, and students accountable for acts of sexual assault, sexual
    harassment, and unlawful discrimination?
        Answer. We must continually work to end discrimination, harassment,
    and assault of any kind everywhere in the Department, including its
    schools. If confirmed, I will review the training and resources
    available to DODEA teachers, staff, and students and ensure that the
    systems in place are being properly used to address inappropriate
    behaviors and take appropriate action as warranted.
                      juvenile problematic sexual behavior
        Question. What is your assessment of DOD and Military Service
    programs to respond to, investigate, adjudicate, and document
    allegations of juvenile problematic sexual behavior?
        Answer. I am aware that the Department has no jurisdiction to
    adjudicate such cases. Therefore, it is important for DOD to work with
    partners in the Department of Justice, State and local governments to
    ensure the behaviors that reach a criminal threshold are appropriately
    adjudicated. If confirmed, I will commit to providing the focus on this
    issue and will make sure the team has the resources and support
    necessary.
        Question. How can these programs be improved, in your view?
        Answer. I believe that the Department has taken a multi-
    disciplinary approach to respond to these behaviors that ensures this
    issue is appropriately addressed. If confirmed, I will focus on
    continued improvements to processes and policies for this program.
                           military service academies
        Question. Over the last year, each of the Military Service
    Academies experienced significant violations of their respective honor
    codes, which prohibit lying, cheating, or stealing.
        In your view, how should the Military Service Academies handle
    honor code violations?
        Answer. As I understand, the Service Academies' academic standards
    are designed to prepare cadets and midshipmen in part for the
    responsibilities they will take on as commissioned officers. These high
    standards are important to developing the integrity and character
    required of our military leaders. If confirmed, I will how the honor
    system contributes to leader development and ensure it is implemented
    in a manner that meets the desired intent.
        Question. What is your assessment of the diversity of cadets and
    midshipmen enrolled in each of the Military Service Academies? What
    measures can be taken to increase diversity in the Academies?
        Answer. Diversity within our services is critical. The Military
    Service Academies produce future leaders of our military; therefore, it
    is essential the cadets and midshipmen represent the diversity of our
    great country. If confirmed, I will work with the Military Departments
    and Services to improve communication of the value proposition, explore
    new marketing, recruiting, and community partnering methods to increase
    the diversity of Military Service Academy applicants.
        Question. What is your assessment of the efficacy of the policies
    and processes in place across the Military Service Academies to prevent
    sexual assault and sexual harassment, and to ensure that cadets and
    midshipmen who do report assault or harassment are not subject to
    retaliation--social ostracism and reputation damage--in particular?
        Answer. Any form of sexual assault or harassment is unacceptable,
    particularly at the Military Service Academies, institutions among the
    top colleges and universities in the country. If confirmed, I will work
    with Military Department and Service leadership to make sure that they
    monitor such behavior to ensure the Military Service Academies properly
    address all forms of problematic behaviors, to include any retaliation,
    ostracism, or reputational damage.
        Question. What is your assessment of the efficacy of the policies
    and processes in place at each Military Service Academy to ensure
    cadets' and midshipmen's free exercise of religion--to include no
    religion at all--and the accommodation of religious practices?
        Answer. I am confident in the policies and process in place to
    protect and enable the free exercise of religion, or no religion at
    all, at the Academies. If confirmed, I will work to ensure the
    Department continues to protect and provide for the free exercise of
    religion, or no religion at all, as well as the spiritual readiness of
    all our cadets, midshipmen, and servicemembers.
        Question. What is your assessment of the efficacy of suicide
    prevention programs at each Military Service Academy?
        Answer. I am aware of recent media reports and understand the
    Department and Services take this tragic issue very seriously. If I am
    confirmed, I will assess the efficacy of efforts taken to date, and
    engage with the Military Departments and Services to seek ways to
    advance suicide prevention programs.
        Question. Do you believe the current five-year minimum Active Duty
    service commitment for Military Service Academy graduates is sufficient
    return on investment for the U.S. military and the American taxpayer?
        Answer. I do not currently have enough information to provide an
    informed assessment. However, if confirmed, I will examine the costs
    and benefits if the Military Service Academies and work to ensure our
    Nation is receiving a high return on its investment.
        Question. In your view, do the Military Service Academies
    contribute to the pool of military officer accessions commensurate with
    their attendant costs? Why or why not?
        Answer. Although I am unfamiliar with costs of the Military Service
    Academies, especially in comparison to other accession programs, I am
    familiar with the excellent reputation of the Military Service
    Academies and the high caliber officers and citizens they produce. If
    confirmed, I look forward to assessing the educational costs relative
    to the contributions of this particular pool of officers.
        Question. Given the provisions of title 10, U.S. Code, applicable
    to each of the Military Service Academies, under what conditions would
    you deem it appropriate, if confirmed, to permit a military officer to
    play professional sports prior to completing at least two consecutive
    years of commissioned service following graduation from an Academy?
        Answer. From recent news reports, I am generally aware of a few
    Military Service Academy cadets and midshipmen approved to play
    professional sports prior to serving at least two consecutive years as
    a commissioned officer. If confirmed, I look forward to examining this
    issue in detail.
                senior reserve officers' training corps (srotc)
        Question. In your view, does the Senior Reserve Officers' Training
    Corps (SROTC) program remain a viable source of officer accessions?
        Answer. SROTC units are geographically spread across the nation.
    Not only do they provide a diverse source of officers, but also, as I
    understand it, are the largest source of commissioned officers. If I am
    confirmed, I will assess the Department's current programs to ensure
    efficiencies are maximized.
        Question. What is your assessment of the diversity in our ROTC
    programs? What measures can be taken to increase diversity in the ROTC?
        Answer. I am not currently well-versed in the diversity of ROTC
    programs. If confirmed, I will review the ROTC programs and ensure the
    Department continues to focus on increasing the diversity of the
    officer corps.
        Question. In your view, should the Military Services continue to
    operate SROTC units at colleges and universities that fail to meet
    their minimum annual commissioning requirements? If not, please explain
    the factors you believe should be used to determine which units should
    be terminated.
        I am interested in reviewing the circumstances surrounding those
    SROTC units facing viability and commissioning challenges. If
    confirmed, I will work alongside the Military Departments and Services
    and Congress to ensure maximum efficiency without the loss of cultural
    and geographical representation.
        Question. How would you modify the SROTC scholarship program to
    attract the top talent that our armed forces need?
        Answer. SROTC scholarship programs should be designed and located
    at the best colleges and universities to allow the Services to recruit
    and commission the top talent they require. If confirmed, I look
    forward to working with the Military Departments and Services and
    Congress to review current efforts and to leverage technology to
    attract the skills and talent the armed forces need.
                         health care quality and access
        Question. If confirmed, what specific actions would you take with
    respect to each of the following:
        Eliminating performance variability throughout the Military Health
    System (MHS).
        Answer. If confirmed, I will ensure the MHS uses performance
    measures to monitor key performance goals for medical readiness,
    quality, clinical outcomes, safety, access, patient experience and
    satisfaction and other vital indicators. I will ensure the MHS
    determines why that variability may exist, whether due to circumstances
    unique to geography, size of medical facility, resourcing decisions, or
    leadership challenges and also to identify leading practices for
    implementation across the enterprise.
        If confirmed, I will ask that MHS leaders implement performance
    improvement plans and milestones for areas where variability is high,
    and performance is poor. I also will ensure the Defense Health Agency
    codifies validated standard processes in official guidance and
    establishes accountability processes to eliminate unwarranted
    performance variability across the MHS. I understand that reducing
    variability requires continuous assessment and probing questions. If
    confirmed, I will hold regular management reviews of MHS performance as
    part of my oversight responsibilities.
        Question. Improving health outcomes and the experience of care for
    all of the Department's beneficiaries--in both the direct and purchased
    care components of the MHS.
        Answer. If confirmed, I will ensure the MHS continues its plans to
    enhance clinical outcomes and patient experience. It is my
    understanding that, in the direct care system, the MHS is prioritizing
    implementation of patient-friendly, patient-facing processes in
    military medical treatment facilities (MTFs) and markets to reduce
    administrative burdens on patients and enhance customer service. In
    support of great clinical outcomes, if confirmed, I will ensure the MHS
    remains focused on accountability for patient safety and quality and
    also leverages the expertise of our MHS clinical communities to
    establish evidence-based care pathways and practice guidelines to
    improve health outcomes. Finally, if confirmed, I will ensure the MHS
    establishes standard processes to enhance patient experience including
    centralized appointing, integration with the TRICARE network, and
    implementation of industry-standard virtual health and patient
    engagement capabilities.
        Question. Creating a value-based MHS--ensuring the delivery of
    accessible, high-quality health care at a reasonable cost to both the
    Department and its beneficiaries.
        Answer. It is my understanding that the MHS is implementing
    standard processes in the direct care system to improve resource
    utilization, eliminate waste, reduce unnecessary variation and enhance
    clinical outcomes and improve readiness of the force. If confirmed, I
    will ensure the MHS moves toward a value-based care model based on
    quality of care rather than quantity in both the direct care and
    private sector care components of the MHS. I will ensure the health
    care teams are accountable for delivering high-quality care supportive
    of the overall DOD mission while ensuring effective use of taxpayer
    resources.
        In the private sector care component, if confirmed, I will support
    on-going work to reduce the provision of low-value care and to enhance
    the use of high-value health care services. I will ensure incorporation
    of alternative payment models and value-based benefit and insurance
    design where supported by evidence. These efforts should directly
    contribute to patient outcomes, readiness, access to care, and
    represent good stewardship of taxpayer dollars.
                         military health system reform
        Question. Do you support the implementation of the Military Health
    System (MHS) reforms mandated by the NDAAs for FYs 2017, 2019, 2020,
    and 2021?
        Answer. Yes, I support implementation of the MHS reforms and, if
    confirmed, will work with the various stakeholders within the
    Department and Congress to implement the reforms. As I understand the
    reforms, they will focus the MHS on readiness and provide opportunities
    to enhance the quality of health care while improving overall mission
    effectiveness and efficiency. I recognize challenges come with
    significant change, however, with the reform goals as stated, if
    confirmed, I will work closely with all stakeholders, internal and
    external, to understand the issues and move forward on implementing the
    reforms to enhance future MHS capabilities and mission support.
        Question. If confirmed, specifically what would you do to change
    the culture within the Military Services to prompt them to embrace
    fully the changes necessary to improve the readiness of the medical
    force?
        Answer. If confirmed, I will work closely with the Military
    Departments and Services to understand their requirements and listen to
    their concerns. Recognizing the importance of our mutually reinforcing
    mission to maintain a Medically Ready Force and a Ready Medical Force,
    I am confident we can move forward together to enhance this critical
    mission for the Department of Defense.
        Question. In your view, are the Military Departments' medical
    forces properly sized to meet the joint medical requirements set forth
    in operational plans implementing the 2018 NDS and in the recent Joint
    Medical Estimate?
        Answer. If confirmed, I will work with the Joint Staff and Military
    Departments to understand their medical requirements and advocate for
    those needs while helping them balance and prioritize those needs
    within the Department's budget guidance and resourcing processes.
        Question. In your view, is DOD's current education, training, and
    career development approach sufficient to ensure a military trauma care
    workforce that is ready to deliver expert health care (including combat
    casualty care) in support of the full range of military operations,
    domestically and abroad?
        Answer. If confirmed, I will work with the MHS leadership to fully
    understand the requirements and any issues inhibiting our ability to
    provide world class military trauma care. It is my understanding that
    it is a very challenging area, but obviously essential to our
    continued, future mission success. I plan to advocate where needed for
    adequate resourcing and leverage career development opportunities to
    address any limitations in fielding a ready highly capable medical
    force across the range of military operations.
                       mental and behavioral health care
        Question. If confirmed, what actions would you take to ensure that
    sufficient mental and behavioral health resources are available to
    servicemembers in theater and to servicemembers and families at home
    station locations, including members and families of the Reserve
    components?
        Answer. If confirmed, I will ensure DOD continues to provide
    accessible, high quality mental and behavioral health resources to our
    military servicemembers and their families. This includes inpatient,
    outpatient, deployment embedded health care services, child and family
    behavioral health care, and tele-behavioral health, non-medical
    counseling, supplemented by family programs such as the Military Crisis
    Line, providing confidential, immediate help 24/7 at no cost to Active
    Duty, Guard and Reserve members, and their families.
        Question. In your view, how could the Department better integrate
    the provision of mental and behavioral health care services and non-
    medical counseling?
        Answer. If confirmed, I will seek to support mental health
    professionals that are positioned to provide the best possible care
    based on evidence-based best practices, and improve whole health of
    patients through compliance with current standard of care clinical
    practice guidelines, including recommendations for non-medical
    counseling and social context support systems.
        Question. If confirmed, what would you do to improve the delivery
    of behavioral health services in the MHS through telehealth? How would
    you expand such capabilities in both the direct and purchased care
    components of the MHS?
        Answer. If confirmed, I will work with MHS leaders to enable tele-
    behavioral health services that are leveraged for mental health
    assessments, ongoing behavioral health treatment, and surge support for
    pre-deployment evaluations, and work to expand services to include
    continued beneficiary care through consistent and stable patient/
    provider relationships. Further, if confirmed, I will seek to promote
    collaborative efforts across the direct and purchased care components,
    addressing IT, network, system, and patient/provider challenges to
    expand capabilities and enable a patient-centric approach to promote
    tele-behavioral health.
                               suicide prevention
        Question. If confirmed, how would you strengthen the Department's
    suicide prevention programs to reduce the number of suicides among
    servicemembers, including in the Reserve components, and their
    families?
        Answer. We must do everything possible to prevent suicides.
    Preventing these tragedies must remain a top priority for the
    Department of Defense. If confirmed, I will work to ensure that
    prevention efforts leverage the most promising evidence-informed
    strategies and best practices. Science and research are key. It is my
    understanding that the Department has focused its prevention efforts on
    reducing risk factors and enhancing protective factors. This includes
    addressing relationship, financial, or mental health challenges,
    encouraging help-seeking, reducing stigma, and helping with the
    resources and skill building that can enhance an individual's ability
    to more effectively work through challenging events or stressful times.
        I also recognize the need to ensure collaboration--both with the
    Department of Veterans Affairs and other stakeholders.
        Question. If confirmed, what specific steps would you take to
    provide additional suicide prevention programs in rural and isolated
    locations, such as Fort Wainwright, Alaska and on naval ships underway?
        Answer. Suicide prevention is personal to all of us, particularly
    for me since my family has experienced suicide; I take this issue very
    seriously. It is my understanding that the Department is employing a
    public health approach to address these tragedies. This broad approach
    recognizes that suicide can be a result of factors that exist at the
    individual as well as the community/societal levels.
        If confirmed, I will support the broadest possible approaches that
    the evidence and research indicate hold promise to prevent suicide. We
    must ensure we are constantly learning about underlying factors that
    contribute to suicide. That means we also take actions to understand
    why there could be an increase or concentration of suicides in a given
    area and what circumstances might be occurring in remote areas that we
    can better address.
                      officer personnel management system
        Question. In your view, what actions can be taken to improve
    permeability between the Active and Reserve components?
        Answer. As I understand it, permeability between the Active and
    Reserve components will allow the Military Departments flexibility in
    personnel management and allow them to make quicker talent management-
    based decisions. If confirmed, I pledge to learn more about this issue
    and will work with the Military Departments to improve permeability
    between the Active and Reserve components.
        Question. Do you believe current DOD and Military Service
    procedures and practices for reviewing the records of officers pending
    the President's nomination for promotion or assignment, especially
    those with adverse or reportable information, are sufficient to enable
    fully-informed decisions by the Secretaries of the Military
    Departments, the Chairman of the Joint Chiefs of Staff, the Secretary
    of Defense, and the President?
        Answer. Yes. As I understand it, there are extremely thorough
    processes in place to properly evaluate officer qualifications, to
    include any available adverse or reportable information, to ensure the
    decisions made by senior leaders are well informed. If confirmed, I
    will work to make sure the necessary information to make fully informed
    decisions is available.
        Question. Recent NDAAs provided significant flexibility to the
    constraints imposed by the Defense Officer Personnel Management Act
    (DOPMA). In your judgment could the Military Departments benefit from
    additional authorities or flexibilities, better to achieve the talent
    management objectives associated with implementing the NDS?
        Answer. First off, I must offer my appreciation to this Committee
    specifically for providing the Department with modernized laws in this
    space that contribute to enhancing the readiness of the Services. If
    confirmed, I look forward to working with the Congress in order to
    identify other potential authorities or flexibilities as the Department
    looks to recruit and retain the talent it needs to implement the
    National Defense Strategy.
                            joint officer management
        Question. In your view, do the requirements associated with
    becoming a Joint Qualified Officer (JQO), and the link between
    attaining joint qualification and eligibility for promotion to General/
    Flag Officer rank, continue to be consistent with the operational and
    professional demands of military service line officers?
        Answer. It is my understanding that the requirements associated
    with becoming a Joint Qualified Officer (JQO) and the link between
    attaining eligibility for promotion to General/Flag Officer are
    consistent with operational and professional demands. If confirmed, I
    will review the joint qualification requirements to confirm they are
    aligned with the Department's needs.
        Question. What additional modifications, if any, would you
    recommend to JQO prerequisites to ensure that military officers are
    able to attain both meaningful joint and Service-specific leadership
    experience, as well as adequate professional development?
        Answer. If confirmed, I am committed to partnering with Department
    leadership to evaluate JQO prerequisites in order to maintain our
    competitive advantage by developing strategically minded joint
    warfighters with critical thinking skills and innovative approaches to
    applying military power to the national strategy that will allow for
    adaptability to fight under changing conditions and execute worldwide
    operations.
        Question. What are your ideas for improving the JQO system better
    to meet the needs of Reserve component officers?
        Answer. I am aware that the current Joint Qualification System
    (JQS) is a Total Force system allowing the Department to have a common
    standard that ensures all joint qualified officers are qualified to
    work in the joint environment. If confirmed, I commit to evaluating
    and, as necessary, transforming the system for the Total Force,
    including those critical Reserve component officers.
        Question. In your view, should the requirement to be a JQO be
    eliminated as a consideration in selecting officers for promotion and
    assignment?
        Answer. No, I strongly believe we need officers across the Total
    Force to be JQO and, if confirmed, I will work with the Joint Staff and
    the military leaders to ensure that the JQO requirements continue to
    meet the Department's needs and objectives. The requirement to be a JQO
    recognizes that the Department needs leaders who are critical thinkers
    and can execute worldwide unified operations, and are able to fight
    during fluctuating circumstances.
                        professional military education
        Question. What changes or reform would you recommend to the
    professional military education system to ensure that tomorrow's
    leaders have the tools necessary to ensure the Department is able to
    meet the national defense objectives of the future?
        Answer. My understanding is that the Department's professional
    military education has been achieving its core functions of developing
    our servicemembers. If confirmed, I intend to evaluate how the
    professional military education system is educating servicemembers to
    meet not just today's threats but tomorrow's as well. I would also
    ensure that opportunities for professional military education are
    accessible to all those who meet the educational requirements.
                                 nuclear forces
        Question. If confirmed, what would be your role in ensuring that
    the military services sustain efforts to improve the training,
    readiness, morale, welfare, and quality of life of servicemembers
    charged to execute and support the Department's nuclear mission?
        Answer. DOD must support the servicemembers carrying out one of our
    highest priority mission--nuclear deterrence. If confirmed, I will work
    with the Military Departments to better understand the specific
    challenges their nuclear forces face and ensure their servicemembers
    have the training, readiness, and support required to execute our
    Nation's most critical national defense mission.
                                  space force
        Question. In your view, how should the Reserve components be
    structured to support to the U.S. Space Force?
        Answer. In my view, Space is critical to national security, and
    like all other warfighting domains, the Reserve component plays an
    essential role in the ability to surge to meet emerging threats. If
    confirmed, I will work with other DOD leaders to ensure the seamless
    integration of the Reserve component as part of the Total Force.
                             military compensation
        Question. Do you agree that the primary purpose of a competitive
    military pay and benefits package is to recruit and retain a military
    of sufficient size and quality to meet national defense objectives?
        Answer. Yes. The pay and benefits provided to servicemembers and
    their families must be as competitive as possible with the private
    sector for DOD to be able recruit and retain top-quality individuals
    for military service.
        Question. What is your assessment of the adequacy of the current
    military pay package in achieving this goal?
        Answer. From my time as CEO of NMFA, I am aware that military
    members are paid well and that the current military compensation
    package is very competitive with the private sector. However, I also
    believe the Department's leaders must remain vigilant to ensure the
    full range of pay and benefits remains effective, particularly since
    most American families require dual incomes.
        Question. What changes, if any, would you recommend to the current
    military pay and benefits package, if confirmed?
        Answer. While I don't have specific recommendations to offer at
    this time, if I am confirmed, I would be open to considering changes to
    military compensation. I believe that Secretary Austin was absolutely
    right when he made ``taking care of our people'' his top DOD priority.
    Therefore, in my view, any significant change to current military pay
    and benefits must be carefully considered to ensure we do not
    jeopardize readiness while we enhance our recruitment and retention
    efforts..
        Question. What specific recommendations do you have for controlling
    rising military personnel costs, including entitlement spending?
        Answer. I understand there are concerns regarding growth in
    military personnel costs over time. I believe we need to control those
    costs and should search for improved processes and greater efficiencies
    that will do so. If confirmed, I will work with the USD(P&R) and DOD's
    leaders, as well as the Armed Services Committees in both chambers of
    Congress, to ensure any future military compensation and benefits
    changes are cost-efficient, and contribute to maintaining a Total Force
    composed of the highest quality individuals that are properly trained
    and equipped to meet our national defense goals.
                    end strength and personnel requirements
        Question. In your judgment, what role should the USD(P&R) play in
    ensuring responsible management of military manpower across both the
    Active and Reserve components?
        Answer. If confirmed, I commit to prioritizing compliance with all
    applicable laws in this area. I will review actions taken so far, and
    ensure an action plan is in place to address any outstanding issues.
        Question. Is the current military end strength sufficient to meet
    national defense objectives? If not, what end strength is necessary?
        Answer. I confirmed, I commit to fully understanding the
    Department's operational plans and requirements in order to conduct a
    review of current military end-strength policies. Under the leadership
    of Secretary Austin and Under Secretary Cisneros, I will work with the
    Chairman of the Joint Chiefs of Staff and other uniform and civilian
    leadership to address personnel and readiness matters that would inform
    future deliberations on the size and composition of our military force
    levels to meet the National Defense Strategy and other objectives.
                            recruiting and retention
        Question. In your view, what are the main reasons that less than 30
    percent of 17 to 24-year-olds are eligible for military service, and
    how would you propose to increase the size of that pool?
        Answer. It is my understanding that the low-eligibility rate for
    military service of today's youth candidates is primarily due to
    obesity and other medical conditions. To improve the recruiting pool, I
    believe the Department must work to expand messaging and outreach to
    overcome the limited interest (low propensity rate) for military
    service and to highlight the value and opportunities offered by
    military service to those that meet the standards but are not
    interested in military service.
        Question. The propensity of youth to serve in the armed forces
    continues to drop and is at its lowest level (about 10 percent of all
    youth, according to DOD data) in years. What do you believe to be the
    root cause of this disturbing phenomenon?
        Answer. I believe a variety of factors, such as lack of knowledge
    regarding service options, the shrinking military footprint in many
    parts of our country, the declining Veteran presence, recent social
    unrest, and the influence of military-related messaging by external
    organizations contribute to the low propensity of today's youth, as
    well as society's misperception and understanding of military service.
        Question. Do you believe that non-native English speakers are
    disadvantaged by the current testing process in qualifying for military
    service? Please explain your answer.
        Answer. I believe that all military operations are conducted in
    English; therefore, the ability to communicate and understand English,
    in oral and written form, especially in stressful situations, is
    necessary for mission success. Recruiting efforts are targeted to
    identify and access the widest possible eligible population. If
    confirmed, I will continue the efforts to modernize the Department's
    assessment tools, ensuring today's youth are provided with the widest
    opportunities for Military service.
        Question. How would you address any such disadvantages to increase
    the pool of youth eligible for and interested in military service?
        Answer. If confirmed, I will work to ensure the Department uses
    best practices in marketing, advertising, and assessment approaches to
    maximize its ability to reach and access an inclusive, and qualified
    pool of eligible prospects. I believe our eligibility standards should
    optimize the match between expanding needs of the Services and member
    abilities.
        Question. In your view, should existing medical and other
    qualification standards be reconsidered to accommodate youth willing to
    enlist for service in certain high-demand specialties, such as remotely
    piloted aircraft pilots or the cyber workforce?
        Answer. Although I am not familiar with the specific qualification
    standards for military service, if confirmed, I will work with my
    colleagues in OSD and the Military Departments and Services to ensure
    qualification standards are sufficiently broad enough to ensure
    servicemembers can complete their required training, achieve the
    standards commensurate for each role, and are able to deploy world-wide
    so that we maintain a ready, agile, and lethal military force.
        Question. The recently revised DOD Instruction 6130.03 Volume 1,
    Medical Standards for Military Service: Appointment, Enlistment, or
    Induction, provides that a ``history of cross-sex hormone therapy
    associated with gender transition is disqualifying unless the
    individual has been stable on such hormones for 18 months . . ..''
        What recognized independent medical authority recommends 18 months
    as an appropriate timeframe to assess a patient's ``stability'' on
    cross-sex hormones?
        Answer. I understand that the Department released updated standards
    in April 2021 that reestablished the stability period at 18 months for
    cross-sex hormone therapy. If confirmed, I will work with the OUSD(P&R)
    staff to understand the recommendations of the different recognized
    medical authorities regarding the appropriate timeframe required to
    determine if a patient can be considered stable when treated with
    cross-sex hormones.
        Question. What criteria would a licensed medical provider use to
    make a determination that a potential servicemember is ``stable'' on
    cross-sex hormones?
        Answer. If confirmed, I will work with the OUSD(P&R) staff to
    review and understand the criteria that a medical provider uses to
    determine stability regarding the use of cross-sex hormone therapy.
                               reserve components
        Question. In your judgment, what has been the effect of increased
    operational tempo on Reserve component recruiting and retention?
        Answer. I am aware that the Reserve component continues to
    contribute to the Total Force across a spectrum of categories to
    include domestic emergencies and in support of operational requirements
    across the globe. If confirmed, I will work with the Military
    Departments to understand the impact of this operational tempo on
    Reserve component recruiting and retention to ensure they have the
    needed tools to reach end strength objectives.
        Question. In your view, do the Reserve components serve as an
    operational reserve, a strategic reserve, or both? In light of your
    answer, should the Reserve components be supported by increased
    training, improved equipment, and higher levels of overall resourcing
    for readiness?
        Answer. The Reserve component has evolved beyond just a strategic
    force and is now routinely used as an operational reserve that is
    regularly employed. If confirmed, I will work with the Military
    Departments to ensure the Reserve component is supported with the
    training, equipment, facilities, and resources needed to maintain an
    appropriate level of readiness.
           military lending act and servicemembers' civil relief act
        Question. What is your view of the efficacy of the Military Lending
    Act (MLA)? If confirmed, what specific steps would you take to ensure
    the act is fully implemented and enforced?
        Answer. It is my understanding that the MLA is working as intended.
    If confirmed, I intend to monitor the MLA, in coordination or
    consultation with the financial regulators, to ensure protections
    currently afforded to servicemembers and their families remain in
    place. During the seven years that I was an Active Duty Naval Officer,
    I saw first-hand the negative impacts financial issues could have on
    the well-being of servicemembers, their families, and ultimately
    mission readiness.
        Question. What is your view of the value and efficacy of the
    servicemembers' Civil Relief Act (SCRA)? In your judgement, does the
    SCRA require any updates to improve protections for military personnel
    and their families?
        Answer. The Servicemembers' Civil Relief Act (SCRA) is an extremely
    valuable set of statutory protections. Without the SCRA our military
    personnel and their families would suffer extreme financial hardships
    associated with their military service commitments. The SCRA protects
    our personnel from issues with rental agreements, security deposits,
    prepaid rent, evictions, installment contracts, credit card interest
    rates, mortgage interest rates, mortgage foreclosures, civil judicial
    proceedings, automobile leases, life insurance, health insurance, and
    income tax payments. If confirmed, I will review the SCRA for any
    potential deficiencies or shortcomings, and, if necessary, collaborate
    with Congress to amend the SCRA to improve protections for military
    personnel and their families.
                            military quality of life
        Question. If confirmed, what qualify of life and morale, welfare,
    and recreation (MWR) programs would you consider to be a priority?
        Answer. I fully support a robust portfolio of quality of life
    programs. I believe these programs are integral to mission readiness
    and contribute to the well-being and resilience of servicemembers and
    their families. Programs that directly support resilient families,
    including military family life counseling, fitness opportunities, MWR
    and resale, spouse education and employment support, and access to
    quality and affordable child care will be prioritized. These programs
    are key contributors to both military family and mission readiness, and
    as such must be sustained.
        Question. What metric would you apply in determining which MWR and
    quality of life programs should be sustained or enriched and which
    should be eliminated or reduced in scope as ineffective or outmoded?
        Answer. If confirmed, I will review MWR and quality of life
    programs to sustain those programs that have the greatest impact on
    readiness, retention, and resiliency, while ensuring good stewardship
    of public funds and appropriate return on investment. I will review key
    metrics and measurements for existing programs to validate success in
    these areas.
                     military family readiness and support
        Question. What do you consider to be the most important family
    readiness issues for servicemembers and their families?
        Answer. I firmly believe that military family readiness ultimately
    impacts the success of the mission. Child care and spouse employment
    are two of the main issues that I hear about regularly that have direct
    impacts on family readiness. In the current climate, these issues can
    be major stressors on the family. If confirmed, I commit to supporting
    the Department's efforts in these areas, and others that impact the
    military family.
        Question. If confirmed, what specific actions would you take to
    ensure that military families are provided with accessible, high-
    quality childcare, at an appropriate cost?
        Answer. Without quality child care, military families are unable to
    work, not to mention its effects of family readiness and retention of
    our servicemembers. If confirmed, I would support ongoing efforts to
    improve recruitment and retention of child care staff, evaluate child
    care fee assistance, and collaborate with the Military Departments and
    Services to maximize child care capacity. Ensuring affordable, quality
    care is accessible to our military families will be one of my
    priorities.
        Question. If confirmed, what specific actions would you take to
    support military spouse employment?
        Answer. Supporting military spouse education and employment is a
    personal priority of mine. It is my understanding that the Department
    of Defense supports military spouse employment by providing robust
    resources and advocating for military spouse licensure portability. If
    confirmed, I would review current resources to ensure military spouses
    receive the individualized support and robust tools they require to
    plan and finance their education, define and pursue a job or career and
    grow their professional and personal networks to suit their needs.
        Question. Military spouses that work in licensed or credentialed
    career fields, like teachers or medical professionals, often face
    challenges becoming re-licensed or re-credentialed after a Permanent
    Change of Station.
        If confirmed, specifically what steps would you take to support the
    work of the Council of State Governments to create of interstate
    compacts to enhance for military spouse license and credential
    portability?
        Answer. I am aware that States continue to make improvements to
    their licensing laws to support military spouses, and that many States
    have approved licensure compacts to create reciprocity for military
    spouses. If confirmed, I will support the Department's existing efforts
    with the Council of State Governments in this area.
                support for military families with special needs
        Question. What is your view of the overall effectiveness of the
    exceptional family member program (EFMP)?
        Answer. If confirmed, I will evaluate how the Department is meeting
    the needs of these important members of our military community. I will
    be committed to providing the resources and support to meet the unique
    needs of military families who have family members with special needs.
        Question. If confirmed, how would you incentivize servicemember
    enrollment in EFMP?
        Answer. If confirmed, I will assess the effectiveness of current
    incentives as well as address any obstacles to enrollment in EFMP. I
    will also encourage the team to explore innovative incentives to
    further encourage enrollment for those servicemembers and their
    families who need this support, no matter where they are serving.
        Question. If confirmed, how would you enhance support to a
    servicemember in navigating the TRICARE system to obtain the medical
    services and support required by a family member with special needs,
    regardless of where that family member is located?
        Answer. If confirmed, I will work with Department stakeholders to
    improve communication, collaboration, and coordination between
    families, the direct care system and the TRICARE system customer
    services representatives to assist in obtaining and understanding
    medical services and support needed. In recognition of the transient
    nature of our military community, if confirmed, I will work with the
    Military Services to improve communication, collaboration, and
    coordination between the losing and gaining locations prior to the
    beneficiaries' arrival at the new duty station.
        I believe early notification of movement will allow for better
    coordination of both primary and specialty care for beneficiaries in
    the Exceptional Family Member Program (EFMP), who have special needs.
    If confirmed, I will ensure the MHS implements established standard
    processes for all MTFs, which include enhanced care coordination with
    the TRICARE regional contractors and MTFs to support our EFMP families,
    wherever they may be located and to facilitate the transition when they
    move to a new location to ensure continuity of care.
        Question. If confirmed, how would you work with Military Housing
    Privatization Initiative partners and military commanders to ensure
    that the needs of servicemembers with an exceptional family member are
    considered in the military housing assignment process?
        Answer. Collaborating with the Military Services and Military
    Housing Privatization Initiative partners to ensure families with
    special needs have access to housing that supports their specialized
    requirements is crucial. If confirmed, I commit to working with
    appropriate DOD officials to review existing procedures and policies to
    make sure they are meeting the mark, and explore methods to strengthen
    procedures, if needed.
        Question. If confirmed, what specific steps would you take to
    prioritize the implementation of section 582 of the NDAA for FY 2021,
    which mandates improvements and standardization of the EFMP across the
    Department?
        Answer. If confirmed, I commit to prioritizing compliance with all
    applicable laws in this area. I will review actions taken so far, and
    ensure an action plan is in place to address any outstanding issues.
                department of defense civilian workforce matters
        Question. How would you describe the current state of the
    Department's civilian workforce, including its morale and the
    Department's ability to successfully recruit and retain top civilian
    talent?
        Answer. Although I do not have access to the Department's data
    regarding the current state of the civilian workforce's morale, or the
    Department's ability to successfully recruit top talent, I recognize
    that the civilian workforce is a critical element of the DOD total
    force. If confirmed, the recruitment, retention, and sustainment of a
    high quality civilian workforce will be one of my top priorities.
        Question. In your judgment, what are the biggest challenges facing
    the DOD in effectively and efficiently managing its civilian workforce?
        Answer. I cannot speak to the specific challenges facing the DOD in
    managing its civilian workforce; however, for many complex
    organizations, the fight for high quality talent, particularly
    technical talent, is an issue. If confirmed, I will work closely with
    other Department leaders to identify recruitment, retention, and other
    workforce challenges, and develop strategies to address each, as
    appropriate.
                                cyber workforce
        Question. What is your view of the appropriate mix between the
    uniformed and civilian components of the cyber workforce?
        Answer. I believe that rather than a specific workforce mix, we
    must look at the nature of work and the mission requirements, as well
    as the broader market conditions to include labor supply and cost
    considerations. If confirmed, I will commit to reviewing and if
    necessary, changing, the Department polices to allow leaders the
    ability to achieve appropriate total force mix and meet the mission.
        Question. In your view, how effective is the Cyber Excepted Service
    Workforce authority under section 1599f of title 10, U.S. Code, in
    meeting and sustaining the Department's requirements for a highly
    qualified and competent cyber workforce?
        Answer. The authority provided by Congress to build a cyber
    capability to meet emerging threats in this warfare domain are critical
    and I applaud the Committees leadership in this area. I understand
    that, if confirmed, I will collaborate with the DOD Chief Information
    Officer (CIO) on cyber workforce matters. At this time, I cannot speak
    to the effectiveness of this alternative personnel system in meeting
    the Department's current and emerging cyber workforce needs but, if
    confirmed, I commit to working with the DOD CIO to ensure the
    Department is making best use of the authorities provided by Congress
    and has a highly qualified and competent cyber workforce.
        Question. What actions would you take, if confirmed, to mitigate
    any gaps between cyber workforce capacity and capability?
        Answer. If confirmed, I will work with my colleagues in the Office
    of the DOD CIO to mitigate cyber workforce capacity and capability
    gaps. Based on my understanding of the report from the Cyberspace
    Solarium Commission, I anticipate actions may include identifying
    staffing requirements and talent gaps, and developing strategies and
    policies to increase workforce capacity and ensure the skillsets
    necessary to meet cyber workforce mission needs.
                              technical workforce
        Question. In your view, what are the pros and cons of having Active
    Duty military personnel--as opposed to civilian employees--trained and
    working as scientists, engineers, software coders, and in other
    technical positions across the DOD research, development, and
    acquisition enterprise?
        Answer. In an era of emerging threats and warfare domains that have
    become increasingly technical, I believe it is crucially important that
    the Department seeks to recruit and retain the best technical and
    digital workforce across the total force, including Active military
    duty personnel. This includes looking at how we train and assign our
    servicemembers to support them in their ability to maintain currency in
    constantly changing fields. In addition to balancing the Active Duty
    and civilian workforce, I believe we need to assess how we best utilize
    the talent of our Reserve component personnel.
        Question. If confirmed, how would you ensure that the directors of
    national labs under the purview of DOD have the civilian workforce
    management tools they need to shape their science, technology, and
    engineering workforces?
        Answer. If confirmed, I will work with my colleagues in the Office
    of the Under Secretary of Defense for Research and Engineering and the
    Military Departments to ensure the directors of the national labs have,
    to the greatest extent possible, the tools necessary to recruit,
    retain, and shape their science, technology, and engineering
    workforces.
                            senior executive service
        Question. Given that competent and caring leadership is one of the
    most significant factors in shaping a high-performing DOD civilian
    workforce, if confirmed, what factors and characteristics would be most
    important to you in selecting candidates for appointment to the Senior
    Executive Service?
        Answer. If confirmed, I will focus on selecting members of the
    Senior Executive Service who are capable of managing complex systems
    and organizations, who are exceptional collaborators and team builders,
    and who can be innovative in their leadership of a high-performing and
    globally relevant DOD civilian workforce.
        Question. If confirmed, how would you ensure that SES under your
    authority are held accountable for both organizational performance and
    the rigorous performance management of their subordinate employees?
        Answer. If confirmed, I will ensure SES members under my authority
    have clear and measurable performance expectations that include
    standards for organizational performance as well as leadership of a
    high performing subordinate workforce.
        Question. Are you satisfied with the subject matter and rigor of
    SES professional development programs currently available across DOD?
    If not, what changes would you make to these programs, if confirmed?
        Answer. I am aware that SES professionals participate in
    development programs but do not have specific details to speak to the
    subject matter and rigor. If confirmed, I will assess these programs to
    identify changes that may be needed and develop strategies to achieve
    these changes, as appropriate.
                                     safety
        Question. What is your understanding of the role of the OUSD(P&R)
    in matters of operational safety and occupational health?
        Answer. It is my understanding that the USD(P&R) chairs the Defense
    Safety Oversight Council (DSOC), the Department's senior leader safety
    forum, and serves as the Principal Enterprise Safety Official (PESO).
    The PESO is the senior policy advisor to the Secretary of Defense and
    lead for integrated safety assessment, reporting, trend analysis, and
    mishap and accident reduction and mitigation activities related to
    aviation, ground, motor vehicle, afloat, space, and risk management in
    the workplace. I am also aware that the ASD(Readiness) is the
    Department's Designated Agency Safety and Occupational Health Official.
    If confirmed, operational and occupational safety and health will be
    among my top priorities for me. For leaders of the Department, no
    responsibility is more important than to protecting the people,
    military and civilian, who serve our country.
        Question. If confirmed, specifically what more would you do to
    establish OUSD(P&R) leadership in the domains of operational safety and
    operational health?
        Answer. Leaders at the highest levels must set the tone for the
    Department's safety culture.
        Our people are our most important asset. If confirmed, I will
    commit to promoting a culture of safety for our personnel while
    simultaneously preserving operational capabilities. I will support the
    OUSD(P&R) in managing the Defense Safety Oversight Council (DSOC) and
    ensure we use this forum, and other available resources, to instill a
    culture where safety is paramount in both high-risk situations and
    daily operations and activities. Safety must be an ever-present
    standard in all we do.
                             drug demand reduction
        Question. What role does the OUSD(P&R) play in ensuring that each
    of the Military Services--including their respective Reserve
    components--maintains an effective military personnel drug abuse
    testing program?
        Answer. This is a critical area, as impairment can impact not only
    and individual's performance but endanger lives of others while
    performing military duties. The OUSD(P&R) role in this area must be to
    ensure oversight and thorough policy for drug testing, identifying
    emerging threats through surveillance; and working with the Military
    Departments and Services on new testing procedures as well as
    prevention.
        If confirmed, I will work with experts throughout DOD to continue
    deterrence of prohibited and impairing substances.
        Question. In your view, how could the DOD drug demand reduction
    program be modernized while maintaining or enhancing the program's role
    in deterring the unlawful use of controlled substances?
        Answer. If confirmed, this is an area that I will closely evaluate.
    It is my understanding that a comprehensive, yet agile drug testing
    program helps deter and detect drug abuse. If confirmed, I will work to
    ensure that the program is robust and can quickly adjust to identify,
    test for, and deter emerging drug threats that can negatively impact
    our people and our military missions.
                          voluntary education programs
        Question. Do you believe DOD's Voluntary Education Programs
    contribute to military recruiting and retention, and to military
    readiness? By what metrics does DOD assess and evaluate the
    contribution of such programs to recruiting, retention, and readiness?
    Do you believe such metrics are adequate to discern a causal
    relationship between these programs and desired recruiting and
    retention outcomes?
        Answer. Yes, I believe that educational opportunities contribute to
    readiness as well as recruiting and retention. It is my understanding
    that this causation is hard to determine. Therefore, if confirmed, I
    will review the metrics used to evaluate the contributions to voluntary
    education programs to ensure the Department is achieving the desired
    outcomes.
        Question. Does DOD receive adequate return on its investment in
    Tuition Assistance?
        Answer. It is my understanding that the opportunity to receive
    additional educational opportunities while in the military is cited as
    a key reason for enlistment, and also plays a role in retention
    decisions. If confirmed, I will ensure that DOD has the information
    necessary to assess and evaluate the return on investment for these
    programs.
        Question. What is your view of the adequacy of the Department's
    mechanisms and processes for protecting servicemembers seeking to make
    use of Tuition Assistance Program funding from marketing by educational
    institutions that offer academic programs of dubious rigor and
    applicability?
        Answer. It is my understanding that the Department has procedures
    and mechanisms to help to mitigate these risks. If confirmed, I am
    committed to ensuring that servicemembers continue to be protected from
    predatory practices.
        Question. What is your assessment of the Department's policies and
    procedures for reviewing and adjudicating servicemember complaints
    against educational institutions that have allegedly failed to comply
    with the obligations on which their eligibility for receipt of Tuition
    Assistance funding is contingent?
        Answer. It is my understanding that the Department takes such
    complaints seriously and uses the procedures and policies at its
    disposal to address aggressive or misleading marketing. If confirmed, I
    will ensure that the Department continues to take servicemember
    complaints seriously and protect servicemembers from noncompliant
    educational institutions.
                            congressional oversight
        Question. In order to exercise legislative and oversight
    responsibilities, it is important that this committee, its
    subcommittees, and other appropriate committees of Congress receive
    timely testimony, briefings, reports, records--including documents and
    electronic communications, and other information from the executive
    branch.
        Do you agree, without qualification, if confirmed, and on request,
    to appear and testify before this committee, its subcommittees, and
    other appropriate committees of Congress? Please answer with a simple
    yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    provide this committee, its subcommittees, other appropriate committees
    of Congress, and their respective staffs such witnesses and briefers,
    briefings, reports, records--including documents and electronic
    communications, and other information, as may be requested of you, and
    to do so in a timely manner? Please answer with a simple yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    consult with this committee, its subcommittees, other appropriate
    committees of Congress, and their respective staffs, regarding your
    basis for any delay or denial in providing testimony, briefings,
    reports, records--including documents and electronic communications,
    and other information requested of you? Please answer with a simple yes
    or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    keep this committee, its subcommittees, other appropriate committees of
    Congress, and their respective staffs apprised of new information that
    materially impacts the accuracy of testimony, briefings, reports,
    records--including documents and electronic communications, and other
    information you or your organization previously provided? Please answer
    with a simple yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, and on
    request, to provide this committee and its subcommittees with records
    and other information within their oversight jurisdiction, even absent
    a formal Committee request? Please answer with a simple yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    respond timely to letters to, and/or inquiries and other requests of
    you or your organization from individual Senators who are members of
    this committee? Please answer with a simple yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    ensure that you and other members of your organization protect from
    retaliation any military member, federal employee, or contractor
    employee who testifies before, or communicates with this committee, its
    subcommittees, and any other appropriate committee of Congress? Please
    answer with a simple yes or no.
        Answer. Yes.
                                     ______

        [Questions for the record with answers supplied follow:]

                 Questions Submitted by Senator Mazie K. Hirono
         oversight of senior dod officials - sexual assault and sexual
                                   harassment
        1. Senator Hirono. Mr. Vazirani, as part of my responsibility as a
    member of the Senate Armed Services Committee and to ensure the fitness
    of nominees for appointment to senior positions within the Department
    of Defense (DOD), I ask the same two questions that I ask nominees to
    all of the committees on which I serve. Since you became a legal adult,
    have you ever made unwanted requests for sexual favors, or committed
    any verbal or physical harassment or assault of a sexual nature?
        Mr. Vazirani. No.

        2. Senator Hirono. Mr. Vazirani, have you ever faced discipline, or
    entered into a settlement related to this kind of conduct?
        Mr. Vazirani. No.
    implementing sexual assault and harassment independent review committee
                                recommendations
        3. Senator Hirono. Mr. Vazirani, if confirmed, you both will have
    important roles in the implementation of the Sexual Assault and
    Harassment Independent Review Committee (IRC) Report recommendations. I
    am concerned about Secretary of Defense Lloyd Austin's tentative
    timeline for implementation, which in some cases goes out to 2028 or
    later. If confirmed, how do each of you plan to support the
    Department's efforts to implement the IRC recommendations?
        Mr. Vazirani. I share your concerns about achieving progress as
    soon as possible. We owe this to our servicemembers. If confirmed, I
    will work as expeditiously as possible to ensure implementation of
    these recommendations. It is my understanding that timelines in the
    roadmap are a conservative estimate, and in many cases account for the
    time to fully implement the recommendations across the Reserve
    Components. If confirmed, I will fully engage with all stakeholders
    within the Department, as appropriate, to support implementation while
    ensuring that we are thorough in our planning to set a durable
    foundation for efforts to stop sexual assault and harassment.

        4. Senator Hirono. Mr. Vazirani, do you have any ideas that might
    help to speed up the implementation process?
        Mr. Vazirani. Leadership engagement will be critical. If confirmed,
    I will work with all appropriate DOD entities, and push forward the
    implementation within the Office of the Under Secretary of Defense for
    Personnel and Readiness. I believe the approach in the Secretary's
    roadmap allows for continuous evaluation, which may enable the
    Department to make potential modifications that could facilitate faster
    progress. The Department needs to get this right. I am committed to
    moving as quickly as possible to achieve real change and I understand
    that Tier 1 focuses on building a foundation for other efforts; we must
    be thorough as we build this foundation to get this right from the
    start since we are not only creating process, but we are also changing
    culture. If confirmed, I am committed to assessing implementation
    efforts and supporting faster progress whenever possible.
                             extremism in the ranks
        5. Senator Hirono. Mr. Vazirani, in April, Secretary of Defense
    Lloyd Austin directed several immediate actions to counter extremism in
    the ranks--one tasks Under Secretary of Defense for Personnel and
    Readiness Gilbert Cisneros with reviewing and updating the definition
    of ``prohibited extremist activities'' for uniformed personnel. If
    confirmed, how would you approach this matter given the sensitive First
    Amendment freedom of association issues involved and the need to
    maintain good order and discipline in the ranks?
        Mr. Vazirani. As a former servicemember, I understand that good
    order and discipline within the military is critical to readiness. At
    the same time, the freedom of speech and association rights of all
    Americans are liberties that our servicemembers and our great military
    fight to protect. However, by focusing on defining prohibited
    activities, I do not believe the approach outlined by Secretary Austin
    inhibits First Amendment rights; rather this will focus attention to
    harmful actions that threaten our common values of respect, duty, and
    honor. If confirmed, I will continue to commit to ensuring that we
    maintain a united and ready force that will continue to stand for and
    protect the Constitutional rights of all individuals.
                            diversity and inclusion
        6. Senator Hirono. Mr. Vazirani, I am interested in making sure the
    Services are providing a level playing field to ensure women and
    minorities have the same opportunities to assume senior positions
    within the officer and enlisted ranks. If confirmed, will this be one
    of your priorities?
        Mr. Vazirani. Yes. If confirmed, I will work with all stakeholders
    across the Department to ensure that all servicemembers have the same
    opportunities to assume senior positions with the enlisted and officer
    grades. I understand that this is one of the highest priorities of the
    Administration, and particularly for Secretary Austin and Under
    Secretary Cisneros, and if confirmed, I will fully and enthusiastically
    support and lead any efforts that allow our military to better reflect
    the diversity of this great nation.

        7. Senator Hirono. Mr. Vazirani, creating opportunities for
    underrepresented groups in our civilian DOD workforce is also important
    to me. How would you recommend DOD grow diversity in areas like STEM
    [science, technology, engineering, and math], intelligence, and
    national security?
        Mr. Vazirani. The Department of Defense must continue to increase
    diversity in its STEM, intelligence, and national security workforces
    by taking advantage of technology and social media platforms to expand
    recruitment outreach and using all available hiring authorities to
    target a diversity of groups, as appropriate. While technology will be
    an enabler, we must also have active, personal engagement in
    communities that are underrepresented. I am aware that DOD has been
    successful in using internship and fellowship programs to bring in new
    technical and specialized talent, including in partnership with
    Historically Black Colleges and Universities and Minority Serving
    Institutions and professional organizations for minorities and women to
    diversify the future talent pipeline. If confirmed, I will work with
    USD Cisneros to continue these programs, actively engage in these
    programs, and work with the Department leadership to look for more
    opportunities to recruit and retain this critical talent.
                                   __________
                   Questions Submitted by Senator Jacky Rosen
                                 housing issues
        8. Senator Rosen. Mr. Vazirani, our lowest paid servicemembers with
    the least amount of time in the service are being ordered to move off
    base to private housing in an accelerated manner. While DOD recommends
    that servicemembers reside in unaccompanied housing for their first 3
    years, airmen living at Nevada's Nellis Air Force Base--among other
    bases across the country--are averaging only 12 months in on-base
    unaccompanied housing due to insufficient capacity. Some of the
    affected individuals are too young and financially unprepared at the
    time they are ordered to move out, particularly given rising rents and
    home prices, which is why I have worked with the Committee to address
    this issue through the National Defense Authorization Act. If
    confirmed, how to do you plan on tackling this issue and ensure that
    our youngest servicemembers have an adequate amount of development and
    time on base before they are ordered to move out?
        Mr. Vazirani. The housing and financial readiness issues are
    personally important to me, and I have expressed my concerns in various
    forums in my previous roles. We owe it to our servicemembers and their
    families to ensure they are supported and empowered with the necessary
    resources to have appropriate housing and financial means, as well as
    educated as to how to make the best use of those resource. I believe
    this is a readiness and retention issue because we cannot ask these
    servicemembers to remain mission-ready when they are financially
    struggling. If confirmed, I will closely review and identify root
    causes of these issues, which may include resources or other
    challenges, and work with my counterparts to take appropriate actions
    to resolve these types of situations.
                                   __________
                Questions Submitted by Senator Marsha Blackburn
                           military family readiness
        9. Senator Blackburn. Mr. Vazirani, if confirmed, how will you work
    with the services to ensure that the Fiscal Year 2021 NDAA required
    standardization of the Exceptional Family Member Program (EFMP) is
    completed in a timely fashion?
        Mr. Vazirani. I believe standardization of the EFMP Program is
    necessary to provide support to military families with special needs.
    If confirmed, I will work in coordination with the Military Departments
    and Services, through the established EFMP working group, to develop
    policies and procedures that support the standardization of the EFMP.
    My understanding is that the Department is committed to performing the
    necessary actions to complete the standardization by implementing
    program improvements, policy development, and oversight. If confirmed,
    I will ensure that the support and services provided to military
    families with special needs minimizes the challenges they experience
    and improves the EFMP across DOD.

        10. Senator Blackburn. Mr. Vazirani, if confirmed, specifically
    what role would you assign to yourself in expanding services essential
    to military family readiness?
        Mr. Vazirani. If confirmed, I see my role as a staunch advocate and
    defender of programs that enhance the well-being and resilience of
    servicemembers and their families. I will make data informed decisions
    to ensure that policy, strategy, and planning for programs and services
    supporting military servicemembers and families are adequately funded,
    resourced, and that programs are properly delivered and thoroughly
    measured. Family readiness is an essential part of maintaining mission
    readiness and Total Force fitness, because these programs and policies
    impact the readiness, recruitment, and retention of personnel and lead
    to increased military family health and well-being.

        11. Senator Blackburn. Mr. Vazirani, if confirmed, how will you
    improve continuity of care for families enrolled in the EFMP?
        Mr. Vazirani. I understand that the EFMP Family Support working
    group is refining processes to improve the continuity of family support
    services, and the Defense Health Agency is working diligently to
    implement measures to improve the continuity of medical care for
    families enrolled in the EFMP when they move to a new location. If
    confirmed, I will ensure that that Department has fully implemented the
    standardized processes and policies across the DOD to improve access to
    care and continuity of services for military families with special
    needs during a move. If confirmed, I will also ensure that the
    Department examines the impact of frequent moves on military families,
    particularly those with special needs, and explores alternatives that
    promote family stability and military readiness.
                           military fitness standards
        12. Senator Blackburn. Mr. Vazirani, do you believe that gender-
    neutral military physical fitness standards benefit our force and
    quantifiably increase the lethality of our military?
        Mr. Vazirani. I understand that gender-neutral military
    occupational fitness standards specific to each military occupation is
    current practice, and that the intent of this practice is to ensure all
    military professions are prepared for combat. If confirmed, I look
    forward to working with health and fitness experts within DOD,
    including the Service Departments, to make certain these standards
    achieve their stated aims.

        13. Senator Blackburn. Mr. Vazirani, what impact do you assess non-
    binary standards implemented across DOD would have on female
    recruitment, retention, and promotion?
        Mr. Vazirani. The health and well-being of servicemembers is
    paramount to readiness. A key contributor to the health and readiness
    of the force is physical fitness, which is one of many important
    measures to determine if recruits meet the entry standards for the
    military and qualification for military occupations. I am not familiar
    with the impact these standards have had on female recruitment,
    retention and promotion.
                                   __________
                   Questions Submitted by Senator Josh Hawley
                       sexual assault prevention programs
        14. Senator Hawley. Mr. Vazirani, I am a strong advocate for
    improving the Sexual Assault Prevention programs within DOD. If
    confirmed, you will have oversight over military service sexual assault
    prevention and response programs. How do you believe the Department
    should improve in this area?
        Mr. Vazirani. The Department must constantly evolve its efforts if
    we're going to reduce sexual assault in the military with an ultimate
    objective to eliminate sexual assaults and harassment from Department.
    This includes coordinated and effective programs to prevent these
    crimes from occurring in the first place. More importantly we must
    change culture and improve command climates to create a positive
    environment in which we regain the trust and confidence of those who
    serve, and servicemembers meet our expectations to treat all with
    dignity and respect. If confirmed, I will support the Department in
    advancing these efforts.
                                     ______

        [The nomination reference of Mr. Ashish S. Vazirani,
    follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The biographical sketch of Mr. Ashish S. Vazirani, which
    was transmitted to the Committee at the time the nomination was
    referred, follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The Committee on Armed Services requires all individuals
    nominated from civilian life by the President to positions
    requiring the advice and consent of the Senate to complete a
    form that details the biographical, financial, and other
    information of the nominee. The form executed by Mr. Ashish S.
    Vazirani in connection with his nomination follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nominee responded to Parts B-F of the committee
    questionnaire. The text of the questionnaire is set forth in
    the Appendix to this volume. The nominee's answers to Parts B-F
    are contained in the committee's executive files.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nomination of Mr. Ashish S. Vazirani was reported to
    the Senate by Chairman Reed on December 8, 2021, with the
    recommendation that the nomination be confirmed. The nomination
    was confirmed by the Senate on July 12, 2022.]
                                    ------

        [Prepared questions submitted to Ms. Carrie F. Ricci by
    Chairman Reed prior to the hearing with answers supplied
    follow:]

                            Questions and Responses
                          duties and responsibilities
        Question. Section 7019 of title 10, U.S. Code, establishes the
    position of the Army General Counsel and provides that the General
    Counsel shall perform such functions as the Secretary of the Army may
    prescribe.
        What is your understanding of the current duties and functions of
    the Army General Counsel?
        Answer. Section 7019 of Title 10 provides that the General Counsel
    of the Army shall perform such functions as the Secretary of the Army
    may prescribe. Pursuant to this section of Title 10, the Secretary has
    prescribed the General Counsel's duties through various general orders,
    regulations, and memoranda. Under these authorities, the General
    Counsel serves as legal adviser to the Secretary of the Army and is the
    chief legal officer of the Department of the Army. As such, the General
    Counsel provides legal advice to the Secretary of the Army, the Under
    Secretary, the Assistant Secretaries, and other officials within the
    Army Secretariat; coordinates legal and policy advice for all other
    members of Army headquarters; and determines the controlling legal
    position of the Department. The General Counsel's responsibilities
    extend to any matter of law, and to other matters as directed by the
    Secretary, including: (1) providing professional guidance to the Army's
    legal community; (2) overseeing matters in which the Army is involved
    in litigation; (3) serving as the Designated Agency Ethics Official for
    the Department; (4) exercising the Secretary's oversight of
    intelligence and counterintelligence activities; (5) monitoring
    sensitive activities and investigations for legality and propriety; (6)
    taking final action on certain claims filed against the Army; and (7)
    working with The Judge Advocate General to oversee criminal and
    administrative investigations.
        Question. If confirmed, what additional duties and functions would
    you expect the Secretary of the Army to prescribe for you, particularly
    in light of the lines of effort comprising the 2018 National Defense
    Strategy (NDS)?
        Answer. If confirmed, I anticipate that the Secretary of the Army
    will expect me to lead and manage the Office of General Counsel
    efficiently and effectively to ensure that the office provides timely
    and accurate legal advice that assists the Army to comply with both the
    spirit and letter of the law while it executes the National Defense
    Strategy. I am prepared to advise Army leadership and assist in their
    efforts to modernize the force to ensure a resilient and rapidly
    innovating force that will compete, deter, and win in the current
    operating environment. I anticipate that the Secretary will expect me
    to build strong, collaborative relationships with The Judge Advocate
    General and members of the Secretariat and Army staff, as well as the
    General Counsels of the Department of Defense, the service branches,
    and other Federal agencies.
        Question. If confirmed, specifically what would you do to ensure
    that your tenure as Army General Counsel epitomizes the fundamental
    requirement for civilian control of the
        Armed Forces embedded in the U.S. Constitution and other laws?
        Answer. If confirmed, I would ensure that the final decision on all
    questions of law and policy are made by members of the civilian
    Secretariat after close cooperation and consultation with the uniformed
    Department of the Army staff. Also, I would work to ensure that
    Headquarters, Army Senior Leaders know that Office of General Counsel
    advises the Secretary of the Army and the Secretariat. I would likewise
    ensure that no confusion exists regarding the chains of command between
    the attorneys working for the Office of the General Counsel versus
    those working for The Judge Advocate General of the Army.
        Question. In your opinion, who is the ``client'' of the Army
    General Counsel?
        Answer. The General Counsel's client is the Department of the Army,
    acting through its authorized officials, including, but not limited to,
    the Secretary, the Under Secretary, the Assistant Secretaries, and
    other principal officials within the Army Secretariat and the Army
    Staff.
        Question. What is your view of the responsibility and authority
    associated with the Army General Counsel's designation as the Chief
    Legal Officer of the Department of the Army?
        Answer. In my view, the General Counsel and Office of General
    Counsel attorneys serve as legal counsel for the Department of the
    Army, the Secretary, and other Secretariat officials. As a team, the
    Office of General Counsel coordinates legal and policy advice for
    Headquarters, Department of the Army; determines the Army's position on
    all legal questions and procedures; provides legal advice on Army
    acquisition, logistics, and technology programs; gives final Army legal
    clearance on all legislative proposals and comments thereon of interest
    to the Department; establishes and administers the Army's policies
    concerning legal services; exercises technical supervision over, and
    professional guidance to, all Department of the Army attorneys and
    legal offices; oversees compliance with the Freedom of Information Act
    and the Privacy Act within the Department; oversees the Army Ethics
    Program and exercise final authority within the Army for all ethics
    matters; exercises the Secretary of the Army's oversight of
    intelligence activities and monitor those activities for legality and
    propriety; serves as the point of contact for legal matters between the
    Department of the Army and other departments and agencies; and takes
    final action on claims filed against the Army.
        Question. If confirmed, how would you view your role as the Army
    General Counsel with respect to the General Counsel of the Department
    of Defense (DOD) in her role as the DOD Chief Legal Officer?
        Answer. The General Counsel of the Department of Defense is the
    chief legal officer and final legal authority for all legal issues
    facing the Department of Defense, to include the Department of the
    Army. If confirmed, I look forward to continuing to cultivate the
    strong working relationships that I am accustomed to from my time as a
    Judge Advocate in the Army, in DODEA, and the Department of
    Agriculture. I am committed to working collaboratively on matters of
    mutual interest to the Department of the Army and the Department of
    Defense.
                                 qualifications
        Question. What background and experience do you possess that
    qualify you to serve as the General Counsel of the Department of the
    Army?
        Answer. I served as an Army officer for just short of 22 years,
    first as a personnel officer, then as a Judge Advocate, retiring at the
    rank of Lieutenant Colonel. Every day, I had the immense privilege of
    watching soldiers put their team, mission, and country first, taking
    great risks and making personal sacrifices to achieve our shared goals.
    Should I be confirmed, my experiences in the Army have prepared me well
    to assume the duties of General Counsel and to do right by our
    soldiers, civilians, and family members. As a Judge Advocate, I worked
    on a broad spectrum of legal issues including military justice, equal
    opportunity, fiscal law, and operational and administrative law. I
    deployed to the Middle East twice, first to OPERATION DESERT STORM in
    1992 and then in support of OPERATIONS IRAQI FREEDOM and ENDURING
    FREEDOM in 2004. I have served in operational and intelligence units,
    service and combatant command staffs, and in the Office of the Judge
    Advocate General and the Office of the General Counsel. I understand
    the importance of the collaborative relationship that must exist
    between these offices and have been fortunate to work with many of the
    lawyers presently serving in both offices, including the current Judge
    Advocate General of the Army, an extraordinary leader with whom I
    served at Fort Hood. Since retiring from the Army, I have worked as a
    Federal civilian lawyer, and I am currently leading a dynamic team of
    attorneys in the Office of the General Counsel at the Department of
    Agriculture. In this role I have further honed the leadership skills
    instilled in me daily during my Army service, and I am committed more
    than ever to exceed expectations as a servant leader for our country.
    Last year, I was privileged to serve the Army as a civilian member of
    the Fort Hood Independent Review Committee, where our five-member team
    completed a comprehensive review of the Fort Hood command climate and
    culture that has been the impetus for great change at Fort Hood and
    across the Army and DOD. I am well qualified and honored to be
    considered for this position.
        Question. Do you believe that there are any actions you need to
    take to enhance your ability to perform the duties of the Army General
    Counsel?
        Answer. Based on my background and experience, I am confident I
    have the requisite knowledge, skills, abilities, and temperament to
    serve as the Army General Counsel. If confirmed, I will work closely
    with the talented attorneys in the Office of the General Counsel, as
    well as in the Office of the Judge Advocate General to further my
    understanding of the legal challenges facing the Army. I will work with
    Army leadership to assess and prioritize their legal needs and quickly
    calibrate how I can be most effective in the position.
                        major challenges and priorities
        Question. If confirmed, what would be your vision for the OGC of
    today? For the OGC of the future?
        Answer. If confirmed, my current vision for OGC is to continue to
    provide well-coordinated, timely, and accurate legal and policy advice
    within the HQDA and to clearly articulate the Army's position on all
    legal matters. OGC lawyers will continue to carry out the
    responsibilities of OGC as enumerated in HQDA General Orders No. 2020-
    01, as well as play a key role in supporting Secretary Wormuth's
    culture of innovation and experimentation, particularly in implementing
    acquisition reforms to streamline processes and promote efficiency
    within the parameters of the law. Finally, Army lawyers will be
    instrumental in the implementation of both the DOD and the Fort Hood
    Independent Review Committee's recommendations, particularly those
    regarding the prevention of and response to sexual assault and sexual
    harassment within the Army.
        For the OGC of the future, I envision that Army lawyers will add to
    their already diverse portfolios with well-developed expertise in
    cybersecurity, intellectual property, artificial intelligence, public-
    private partnerships, and the law of modern warfare that reflects the
    transformation on which the Army is embarking today.
        Question. In your view, what are the most significant legal issues
    facing the Army today?
        Answer. The Secretary of the Army has established the Army's
    significant priorities, with the focus on People, Readiness, and
    Modernization. If confirmed, I look forward to supporting these Army
    priorities by addressing the legal issues that currently exist, and may
    arise, as those national security priorities are achieved. I have
    shared nine of the most significant legal issues that I am aware of in
    the answer that follows.
        Question. What do you consider to be the most significant
    challenges you will face if confirmed as Army General Counsel?
        Answer. To confront the significant challenges ahead, the Office of
    General Counsel must have the training and expertise required to
    provide timely and expert legal advice regarding modernization and
    acquisition reforms, while ensuring the vital focus on its people and
    military readiness. The Army will require attorneys knowledgeable in
    cybersecurity, intellectual property, and the challenges posed by
    artificial intelligence. If confirmed, the legal and policy issues and
    challenges that I expect to confront, at a minimum, are: (1) the Army's
    ongoing efforts to ensure diversity and promote fairness for all who
    serve the Nation in the United States Army; (2) prevent and respond
    appropriately to incidents of domestic violence, sexual harassment, and
    sexual assault; (3) suicide prevention; (4) the continuing integration
    of women into previously closed combat positions and occupations; (5)
    the implementation of recent legislative reforms in military justice
    and health care; (6) compliance with environmental laws; (7) continued
    focus on senior leader accountability; (8) oversight of Army
    intelligence activities; and (9) acquisition and modernization efforts.
        Question. What plans do you have for addressing each of these
    challenges, if confirmed?
        Answer. If confirmed, I intend to work closely with the Secretary
    of the Army, the Army Secretariat, the Chief of Staff of the Army, the
    Army Staff, and the Office of The Judge Advocate General to provide
    legal support and advice to confront the challenges facing our Army. I
    will ensure the attorneys in the Office of General Counsel (OGC) have
    access to training and development opportunities necessary to gain any
    additional expertise required to confront these challenges. I will also
    work with The Judge Advocate General and other Army attorney qualifying
    authorities to identify resources as well as training and development
    opportunities for attorneys throughout the Army to develop the skills
    necessary to confront these challenges. Regarding the legal and policy
    challenges I have identified, I will ensure OGC attorneys--always
    standing point--are fully engaged with our clients, ready to provide
    legal advice and find the legal solutions necessary to facilitate
    mission success.
        Question. If confirmed, what broad parameters would you establish
    as to the types of legal and policy issues on which you and the OGC
    must be consulted?
        Answer. If confirmed, I intend to support the Secretary, Under
    Secretary, and the Assistant Secretaries on all material and
    substantive matters being worked by the Army Secretariat. I believe
    that attorneys who are problem solvers are essential to shaping the
    legal and policy landscape. As an organization, I believe that the
    attorneys who comprise OGC must be participants in all stages of
    decisionmaking. It would be my duty to ensure that OGC attorneys have
    the training and professional skills necessary to provide sound legal
    advice and are fully integrated into the Army's decisionmaking process.
        Question. If confirmed, are there specific matters on which your
    predecessor Army General Counsels have issued legal opinions that you
    would expect to reconsider and possibly revise? If so, which opinions,
    in which practice areas, do you believe might merit reconsideration?
        Answer. There are no legal opinions that I am aware of at this time
    that need to be reconsidered or revised.
        Question. If confirmed, what innovative ideas would you consider
    providing to the Secretary of the Army to improve the organization and
    operations of Army OGC? To improve the delivery of legal services Army-
    wide?
        Answer. If confirmed, I would undertake a review of the legal
    support to Army modernization efforts. In particular, I would review
    legal support related to cyber security, information law, and
    intellectual property. If confirmed, I would also evaluate the
    applicability of the Defense Legal Services Agency structure at the
    Military Department level, and consider the opportunities that could be
    realized with a new Department of Army Legal Services Organization.
        Question. If confirmed, how would you use organizational climate
    surveys to enhance your leadership and management of the OGC?
        Answer. I would read every word of the organizational climate
    surveys and take note of any recommendations for improvements, as well
    as positive feedback, to inform my decisions and ensure continued
    success. Should there be any negative feedback, I would seek to
    immediately analyze and identify the root cause and work to address the
    issue immediately and transparently.
        Question. If confirmed, what actions would you take to sustain a
    productive and mutually beneficial relationship between Congress and
    the Department of the Army?
        Answer. The Army cannot expect to succeed without the support of
    Congress, and particularly this Committee. It would be my goal to
    maintain transparent and continuing communication with the Congress to
    facilitate oversight. If confirmed, I will maintain a productive
    relationship through my words and actions, proceeding with complete
    integrity and positive collaboration.
    relationship with the judge advocate general of the army and other army
                                senior counsels
        Question. How are the responsibilities and authorities for
    providing legal services to the Department of the Army allocated
    between the General Counsel of the Army; The Judge Advocate General of
    the Army; the Command Counsel, U.S. Army Materiel Command; and the
    Chief Counsel, U.S. Army Corps of Engineers?
        Answer. It is my understanding that the Judge Advocate General of
    the Army (TJAG), the Command Counsel for U.S. Material Command, and the
    Chief Counsel for the U.S Army Corps of Engineers provide legal counsel
    to the Commanding General of their organization, or in the case of the
    TJAG, to the Chief of Staff of the Army and the members of the
    Department of the Army Staff. The General Counsel (GC) of the Army is
    the final legal authority for the Department of the Army and has
    overall responsibility for providing legal counsel to the Secretary of
    the Army, the Under Secretary of the Army, the Assistant Secretaries of
    the Army, and all other members of the Army Secretariat. The GC's legal
    opinions are controlling within the Department of the Army. The GC also
    serves as the overall qualifying authority for all lawyers in the
    Department of the Army, although I understand that qualifying authority
    has been delegated to the TJAG, Command Counsel for AMC and the Chief
    Counsel for the COE. However, I also understand that under Title 10
    section 7037, the TJAG is also a legal advisor to the Secretary on
    issues where his or her expertise is crucial to the success of the
    mission--such as military justice, international or operational law,
    and other uniquely ``military'' areas of the law.
        Question. What is the role of the Army General Counsel and other
    Army Senior Counsels in ensuring that attorneys under their supervision
    adhere to the Attorney Rules of Professional Conduct? If confirmed, how
    would you approach this critical supervisory duty with regard to Army
    OGC?
        Answer. The Army General Counsel is the senior qualifying authority
    for all attorneys in the Department of the Army. While The Judge
    Advocate General, the Army Materiel Command Chief Counsel, and the U.S.
    Army Corps of Engineers Chief Counsel are all qualifying authorities
    for the attorneys that practice under their supervision, the Army GC
    has overall responsibility for the ethical practice of law and the
    adherence to the Attorney Rules of Professional Conduct for all
    attorneys in the Department of the Army. If confirmed, I would review
    current Professional Conduct training for all Army attorneys, as well
    as current oversight protocols within the Army to ensure the Army
    attorneys are employing sound ethical practices.
        Question. If confirmed, how would you employ the forum provided by
    the Department of the Army Professional Conduct Council?
        Answer. If confirmed, I would use the forum to ensure that my
    responsibilities as the Qualifying Authority for all attorneys in the
    Department of the Army are thoroughly and professionally executed. As I
    understand, along with the Standards of Conduct Office at OSD OGC, the
    Professional Conduct Council is another resource to ensure that the
    Department of the Army legal community maintains the highest
    professional standards for the practice of law. I am completely
    committed to not only the ethical practice of law, but to the education
    of counsel on the necessity of always choosing the harder right instead
    of the easier wrong.
        Question. What role, if any, does the Army General Counsel play in
    evaluating the performance of other Army Senior Counsel?
        Answer. I believe the Army General Counsel provides input to the
    rater of every Army Senior Counsel on their annual performance
    evaluation.
        Question. What is your understanding of the unique role and
    authority of The Judge Advocate General of the Army vis-a-vis the
    General Counsel of the Army?
        Answer. The Judge Advocate General (TJAG) and the General Counsel
    of the Army are partners, both dedicated to the advancement of the Army
    mission and to the legal support of their respective clients--the Chief
    of Staff of the Army for TJAG and the Secretary of the Army for the
    General Counsel. I also understand that under Title 10 section 7037,
    the TJAG is authorized to give independent legal advice to the
    Secretary or the Chief of Staff of the Army.
        Question. What is your view of the authority of The Judge Advocate
    General of the Army, particularly as regards the provision of
    independent legal advice to the Secretary of the Army and the Chief of
    Staff, Army?
        Answer. Under Title 10 section 7037, the TJAG is authorized to give
    independent legal advice to the Secretary and the Chief of Staff. This
    is particularly important where his or her expertise is crucial to the
    success of the mission--such as military justice, international or
    operational law, and other uniquely ``military'' areas of the law.
        Question. What is your view of the responsibility of Army judge
    advocates to provide independent legal advice to military commanders
    and other Army officials and employees?
        Answer. Under Title 10 section 7037, Army Judge Advocates are
    entitled to give independent legal advice to military commanders. The
    statute prohibits any officer or employee of the Department of Defense
    from interfering with these duties. In my view, Judge Advocates must be
    empowered to provide independent legal advice to commanders and their
    staff, supported by appropriate guidance from their supervising
    attorneys. It is critical that commanders have access to timely,
    accurate, and candid legal advice and counsel as they execute their
    missions.
        Question. How do you view the role and responsibility of the Army
    General Counsel in the supervision and oversight of military justice
    matters vis-`-vis The Judge Advocate General of the Army?
        Answer. I view the Army General Counsel's role as complementary to
    that of The Judge Advocate General, who is charged statutorily with
    supervision and oversight of military justice. While providing
    independent views and advice to the Secretary of the Army and Army
    Senior Leaders, the Army General Counsel and The Judge Advocate General
    must work together to ensure appropriate policies are in place; those
    working within the military justice system have the requisite training,
    experience, and resources; victims receive the support they deserve;
    and the military justice system is fair and properly holds military
    personnel accountable for their actions.
        Question. If confirmed, would you propose any changes in the
    current relationships between the Army General Counsel and The Judge
    Advocate General of the Army?
        Answer. I am not aware of any changes that are currently needed. It
    is my understanding, that the Army General Counsel and The Judge
    Advocate General have a close and collaborative relationship. If
    confirmed, I would seek to buildupon and strengthen that relationship
    to ensure that the civilian and military lawyers leverage their
    expertise and perspectives to provide informed and comprehensive legal
    and policy advice to Army Senior Leaders.
        Question. If confirmed, would you propose any changes to the
    current relationships and/or allocation of responsibilities between
    attorneys in the OGC and uniformed Army judge advocates?
        Answer. I am not aware that any changes are currently needed. I
    understand that the Army Office of the General Counsel and the Office
    of The Judge Advocate General have a close and collaborative
    relationship. If confirmed, however, I will take a careful look at this
    relationship and assess if any adjustments are necessary.
        Question. Are the legal opinions of the Army General Counsel
    binding on all Army attorneys?
        Answer. Yes. It is my understanding that the Army General Counsel
    is the chief legal officer for the Department of the Army and is
    empowered to determine the Department's position on any legal question
    or procedure. Legal opinions issued by the Army General Counsel are,
    therefore, controlling throughout the Department of the Army. It is my
    understanding, partially informed by my experience as an active duty
    judge advocate in Office of the Army General Counsel, that there is a
    close and collaborative relationship with the Office of the Judge
    Advocate General in formulating those opinions. If confirmed, I will
    continue to ensure that legal opinions are informed by the expertise of
    both the civilian and uniformed members of the Army's legal community.
        Question. If confirmed, how would you ensure that controlling legal
    opinions of your office are available to all Army attorneys, including
    judge advocates?
        Answer. It is my understanding that written opinions authored by or
    coordinated with the Office of the General Counsel for the Department
    of the Army are generally distributed in the ordinary course of
    business, using normal departmental distribution processes. If
    confirmed, this practice will continue and I will be sure to evaluate
    its effectiveness. In addition, I will ensure that the Office of the
    Army General Counsel makes its legal opinions appropriately available
    upon request to other Army attorneys, including judge advocates.
        Question. Section 548 of the National Defense Authorization Act
    required the Secretary of Defense shall carry out a program to provide
    legal counsel to victims of domestic violence offenses who are
    otherwise eligible for military legal assistance.
        In your view, how do the needs of victims of domestic violence
    offenses differ from the needs of victims of sexual assault? How should
    any such differences affect the parameters of a legal counsel program
    established for domestic violence victims?
        Answer. In my view, due to the nature of the relationship a victim
    of domestic violence has with the offender, victims may need legal
    support to help them leave an unsafe domestic situation. A primary goal
    of any legal program intended to support these victims should focus
    first on providing the victim with the legal tools necessary to safely
    leave a dangerous relationship. This assistance likely requires a legal
    subject matter expert in family law--a case area covered by the Army's
    Legal Assistance program. In addition to family law advocacy, victims
    of domestic violence deserve the victim advocacy that Army Special
    Victims' Counsel (SVC) attorneys can provide. Because these victims
    have these two unique legal needs, my view is that any program that
    seeks to support and protect victims of domestic violence must provide
    both types of support--victim advocacy and family law advocacy.
        Question. If confirmed, what role would you establish for yourself
    in assisting the Secretary of Army conducting the program required by
    section 548?
        Answer. If confirmed, I would assist in evaluating the
    effectiveness of the Army's recent efforts to meet this challenge. As
    this is a new program, training, resourcing, or focus may require
    adjustments as the program matures.
        Question. In your view, how do the needs of military child victims
    of sexual abuse differ from the needs of adult victims of sexual
    assault and from those of domestic violence victims? How would any such
    differences affect the parameters of a legal counsel of guardian ad
    litem program established for military child victims of sexual abuse?
        Answer. I am aware that Special Victims' Counsel, Special Victim
    Prosecutors, and Trial Defense Services attorneys all receive training
    on how different traumas and different stages of development impact the
    support needed by victims. I understand that Special Victims' Counsel
    can only represent those victims capable of understanding the process
    and of making independent decisions. In cases where victims, due to
    their young age, are not competent to make those legal decisions, I
    understand that a guardian ad litem may be assigned. In these
    instances, the guardian ad litem makes decisions on behalf of the
    victim that are in the victim's best interests.
                          information law and practice
        Question. The Army General Counsel serves as the Army's appellate
    authority for appeals of denials of the release of information
    requested under the Freedom of Information Act (FOIA).
        What is the current backlog of FOIA appeals in Army OGC?
        Answer. I am informed that, as of October 1, 2021, when the Army
    Office of General Counsel compiled its annual report, the appeal
    backlog was 57.
        Question. If confirmed, what actions would you take to address this
    backlog?
        Answer. If confirmed, I would devote an appropriate number of
    personnel to addressing and reducing the backlog, including the use of
    Army Reserve Judge Advocates assigned to Army OGC.
        Question. If confirmed, what factors would you consider in
    determining whether or not to recommend the invocation of Executive
    Privilege in regard to a request from the Senate Armed Services
    Committee for information under the cognizance of the Department of the
    Army?
        Answer. If confirmed, my recommendation about whether to invoke
    Executive Privilege would be made in close coordination with the
    Department of Defense Office of the General Counsel and would be based
    on applicable law and established executive branch policy regarding
    accommodation of congressional oversight requests.
        Question. How does the Army address or mitigate privacy concerns
    associated with the Commander's Risk Reduction Dashboard? Given the
    sensitivity of the personal information aggregated in the Dashboard,
    should the Army's approach to compliance with privacy laws and
    regulations be adjusted in any way, in your view?
        Answer. I am informed the Army mitigates privacy concerns by
    imposing extensive administrative and technical safeguards to protect
    the information on the Commander's Risk Reduction Dashboard. In
    addition, Dashboard users receive privacy training to ensure they are
    good stewards of the information and understand applicable law and
    policy. I do not know, at this time, if adjustments are necessary.
        Question. How does the Army navigate the requirements of the Health
    Information Portability and Accountability Act and a soldier's desire
    for confidentiality in determining what information about a soldier's
    mental or behavioral health--including treatment for a mental or
    behavioral health condition--can and should be provided to the chain of
    command? Should the Army's approach to this matter be revised in any
    way, in your view?
        Answer. In my judgment, the Army must ensure the safety and
    confidentiality of all soldiers' medical conditions and treatment in
    accordance with the Health Information Portability and Accountability
    Act. It is important that soldiers continue to seek care and, as such,
    it is appropriate to limit the amount of information conveyed to the
    chain of command to only that necessary to convey the risk to the
    soldier and to the mission. If confirmed, I will provide the Secretary
    my best advice, in coordination with the Surgeon General, on the right
    balance between confidentiality and ensuring the command is informed in
    order to effectively assess risk, maintaining full compliance with the
    law and Department of Defense policy.
     criminal and administrative investigations and intelligence oversight
        Question. Per Army General Order 2020-01, Assignment of Functions
    and Responsibilities Within Headquarters, Department of the Army, the
    Army General Counsel is responsible for overseeing criminal and
    administrative investigations, in coordination with The Judge Advocate
    General.
        If confirmed, what role would you establish for yourself in
    providing advice to the U.S. Army Criminal Investigation Command (CID),
    including acting on requests for consensual or nonconsensual
    interceptions of wire, electronic, and oral communications, and pen
    register operations?
        Answer. My understanding is the Army General Counsel (GC)
    coordinates with the Judge Advocate General to provide advice to CID on
    the development and execution of criminal investigation policy and has
    delegated approval authority to the Director of CID for consensual
    interceptions of wire, electronic, and oral communications and pen
    register operations. The GC oversees the use of these sensitive
    investigative techniques and is the approval authority for any
    exceptions to the policy for conducting them. The GC also approves or
    denies CID requests to seek Attorney General or judicial authorization
    for nonconsensual interception of wire, electronic, oral
    communications, and pen register operations. If confirmed, I would
    ensure that the use of consensual or nonconsensual communications
    intercepts are not only consistent with the law, but also necessary to
    the conduct of law enforcement activities.
        Question. In light of the holding in U.S. v. Dreyer, what legal
    standard does Army CID apply in determining whether to authorize its
    special agents to participate in investigations of Internet Crimes
    Against Children (ICAC) in which the suspected perpetrator's military
    affiliation has not yet been established with certainty? If confirmed,
    would you recommend any changes to this standard?
        Answer. I understand that the Army applies a reasonable basis
    standard, considering information related to the military location, the
    military persona, or the connection to the individual's DOD duties,
    when determining the investigative authority of the Army's criminal
    investigators. If confirmed, I will work with the new CID Director to
    ensure Army investigators continue to be involved in ICAC
    investigations and work closely with their civilian counterparts to
    ensure these crimes are thoroughly investigated while not running afoul
    of U.S. v. Dreyer.
        Question. In your view, do Army CID special agents have adequate
    authority and resourcing to participate in multi-jurisdictional law
    enforcement task forces related to the investigation of ICAC offenses?
        Answer. My general understanding is that CID agents currently have
    the appropriate authorities, and with the transformation of CID, will
    have the proper resourcing to participate more effectively in multi-
    jurisdictional task forces. If confirmed, however, I will assist the
    Department in assessing CID's resourcing and authorities.
        Question. Recent reports by the Government Accountability Office
    and by private organizations have raised significant questions about
    racial disparity in the military justice system--most notably at the
    investigation stage.
        If confirmed, what steps would you take to address potential racial
    disparity in in the context of Army investigations--whether such
    investigations are criminal or administrative in nature?
        Answer. If confirmed, I am committed to assisting Army leadership
    in addressing racial disparities identified by the GAO in military
    investigations. I understand that, in June 2020, the Secretary of the
    Army directed The Judge Advocate General and The Provost Marshal
    General to conduct a holistic evaluation of racial disparities in the
    military justice system. If confirmed, I will look forward to working
    with these two Army leaders to evaluate, identify and advise the
    Secretary as to how best to address, the causes of racial disparities
    throughout our system, from the accessions process, to investigations,
    prosecutions, sentencing, and clemency and parole.
        Question. What progress have DOD and the Army made in developing
    and implementing the process and policy required by section 545 of the
    NDAA for fiscal year 2021?
        Answer. Personally, I am unaware of the progress DOD or the Army
    has made in developing and implementing a policy and process through
    which any covered person may request that the person's name, personally
    identifying information, and other information pertaining to the person
    be expunged from law enforcement records. If confirmed, I will
    ascertain DOD and the Army's progress in developing and implementing
    these policies and processes and ensure the Office of General Counsel
    is supporting this effort.
        Question. When can the Committees on Armed Services expect to
    receive the report required by section 545(e) of the NDAA for fiscal
    year 2021?
        Answer. Personally, I am unaware of the status of the Secretary of
    the Army's report on the actions taken to carry out the requirements of
    section 545 of the NDAA for fiscal year 2021. However, if confirmed, I
    would ascertain the status of the report and work to ensure its
    submission to the Committees on Armed Services as rapidly as possible.
        Army General Order 2020-01 further provides that in coordination
    with The Judge Advocate General and the Deputy Chief of Staff, G-2, the
    Army General Counsel is responsible for developing and overseeing
    policies and programs for Army intelligence and counterintelligence.
    Further, together with The Judge Advocate General, the General Counsel
    is charged to oversee sensitive activities and counterintelligence
    investigations.
        Question. What is the role of the Army General Counsel in ensuring
    that Army sensitive activities--at all levels of classification--are
    consistently conducted in accordance with standards of legality and
    propriety?
        Answer. I understand the Army General Counsel, together with the
    Judge Advocate General and the Director of the Army Special Programs
    Directorate, identifies sensitive Army intelligence and other
    activities based on the potential for limited organizational oversight,
    and negative impacts to public confidence should the activities not be
    conducted consistent with law and policy. The Secretary of the Army has
    established specific enhanced oversight requirements for these
    activities, especially those that are highly classified. I also
    understand the Army General Counsel is provided unfettered access to
    all sensitive activities and conducts in-depth reviews of them either
    prior to approval, or after approval and then quarterly or annually to
    ensure they are conducted consistent with law and policy. The Army
    General Counsel is also directed by the Secretary of the Army to bring
    any sensitive activity to her attention if there is any doubt about the
    propriety of conducting it.
        Question. In your view, what limiting practices should guide Army
    intelligence organizations in determining the types and amount of
    information that can be collected about U.S. citizens?
        Answer. Army intelligence organizations may only collect U.S.
    person information (USPI) if the information sought is reasonably
    believed to be necessary for the performance of an authorized
    intelligence mission or function assigned to the component. I am
    informed that Executive Order 12333, DOD Manual 5240.01, and Army
    Regulation 381-10 place limits on USPI that Army intelligence
    organizations may collect. These policies forbid the collection of USPI
    solely for the purpose of monitoring activities protected by the First
    Amendment or the lawful exercise of other rights guaranteed by the
    Constitution and laws of the United States. These policies balance
    civil liberties and privacy interests with the need to conduct lawfully
    authorized intelligence missions. If confirmed, I would expect that
    attorneys at all levels of Army intelligence organizations review the
    collection of USPI to ensure it is consistent with law and policy.
        Question. If confirmed, what would be your approach to ensuring
    that senior Army leaders, including the Secretary of the Army, are
    fully informed of, and personally engaged in critical decisions
    associated with Army sensitive activities?
        Answer. If confirmed, it is my intention to continue to promote the
    Army's long-standing policy of having the Secretary of the Army review
    and approve the most sensitive activities and to withhold approval of
    other sensitive activities to the Under Secretary of the Army, or
    Deputy Chief of Staff for Intelligence. I also will continue to
    collaborate with The Judge Advocate General to exercise broad
    discretion in elevating the review or approval of any sensitive
    activity that I believe should have the attention of the Secretary of
    the Army to ensure that she and other Army senior leaders remain
    engaged in the command and control of these activities.
        Question. How does OGC fit into the established Army Intelligence
    Oversight structure, and how does OGC engage with the President's
    Intelligence Oversight Board?
        Answer. I understand that the Secretary of the Army has directed
    that the Army General Counsel exercise day-to-day oversight of Army
    intelligence activities on her behalf. A senior-level attorney in Army
    OGC office performs this mission in coordination with The Judge
    Advocate General and the Army Inspector General. One level of
    intelligence oversight at HQDA involves the requirement to report
    Questionable Intelligence Activities and Significant or Highly
    Sensitive Matters through the chain of command to the Army Inspector
    General. I believe the Army General Counsel provides the final review
    of these reports prior to them being forwarded to the DOD Senior
    Intelligence Oversight Officer (SIOO). I am informed the DOD SIOO is
    responsible for reporting relevant Questionable Intelligence Activities
    and Significant or Highly Sensitive Matters through the Secretary of
    Defense to the President's Intelligence Oversight Board (PIOB). Army
    OGC engages with the PIOB through the DOD General Counsel and the DOD
    SIOO.
        Question. What is the role of Army OGC in reviewing requests for
    the provision of DOD physical protection and personal security services
    to retired DOD officials and the family members of certain DOD
    personnel, as contemplated by section 1074(b) of the NDAA for fiscal
    year 2008? If confirmed, would you concur in the provision of DOD
    protective services to such persons in the absence of an imminent and
    credible threat to their safety?
        Answer. Army OGC conducts a legal review of nominations involving
    current or former DOD officials or their family members for the
    provision of physical protection and personal security services to
    ensure the requests address the criteria in law and policy required to
    justify providing such support. If confirmed, I would continue to
    oversee the conduct of these legal reviews to provide the Secretary of
    the Army the legal input she needs to determine whether to forward a
    nomination to the Deputy Secretary of Defense for approval.
        Question. If confirmed, what would be your approach to ensuring
    that Army counterintelligence investigations--including investigations
    of cyber intrusions--properly take into account both law enforcement
    and national security interests?
        Answer. I understand that all Army Counterintelligence (CI)
    investigations are conducted jointly with the FBI. The Army CI
    organizations and the FBI work together to balance law enforcement and
    national security interests. Army CI investigations seek relevant
    information to develop national security criminal cases including
    potential cyber intrusions by foreign actors that could be prosecuted
    by the Army under the Uniform Code of Military Justice, or the
    Department of Justice in Federal court. In CI investigations, I believe
    the Army develops national security cases to protect DOD personnel,
    resources, and critical information as well as to protect individual
    constitutional, privacy, and civil rights. There may be times when a CI
    investigation does not result in a judicial prosecution due to
    insufficient evidence or to protect CI sources and methods. In these
    and all other cases, Army CI provides intelligence obtained from the
    investigations to appropriate DOD Components to address national
    security threats to DOD personnel, facilities, and information
    technology networks.
    comprehensive review of department of the navy uniformed military legal
                                  communities
        Question. On January 10, 2020, the Department of the Navy released
    its Comprehensive Review of the Navy and Marine Corps Uniformed Legal
    Communities. In commenting on the importance of the review, the Vice
    Chief of Naval Operations stated, ``[i]t is precisely because our legal
    communities provide vital services [that] are necessary to promote the
    readiness of the force and successful mission accomplishment, that a
    review of this nature was warranted. . . . This comprehensive review
    was an opportunity for us . . . to reflect on how we conduct ourselves
    and do business, in terms of military justice and legal support to our
    sailors, marines, and their families.''
        Have you reviewed the report of the Navy's Comprehensive Review?
        Answer. Yes. I am familiar with it.
        Question. Did the Navy's Comprehensive Review yield any findings or
    recommendations that you believe may be applicable and/or useful to the
    Army legal community? Please explain your answer.
        Answer. The review found that the Navy JAG Corps' organizational
    structure and processes did not foster a culture of continuous self-
    assessment focused on professional performance and accountability. The
    review recommended the Navy JAG Corps implement changes to refocus its
    culture and put in places self-assessment mechanisms, rapid feedback of
    lessons learned, and accountability. These recommendations are a good
    reminder for the Army legal community to ensure it emphasizes the
    importance of maintaining a learning culture throughout the Army legal
    community. If confirmed, I will work with The Judge Advocate General to
    ensure we do so.
                               covid-19 response
        Question. What is your view of the legality of the Secretary of
    Defense's directive that requires all servicemembers, including members
    of the National Guard and Reserves, to be vaccinated for the
    coronavirus?
        Answer. Commanders at all levels are responsible and accountable
    for the health of their commands, which includes maintaining medical
    readiness. As part of this responsibility, commanders ensure the
    immunization of their personnel as required by Army Regulation 40-562
    or other legal directives. With full FDA approval of the vaccine, I
    support the Secretary of Defense's actions in this matter, which ensure
    military readiness.
        Question. What guidance has the Army given to commanders regarding
    precautions to limit the spread of COVID-19, and what role has the
    Office of the Army General Counsel played in generating and reviewing
    such guidance?
        Answer. My understanding is that the Army has provided commanders
    with extensive guidance throughout the COVID-19 pandemic to promote the
    safety, health, and welfare of their commands. Since the beginning of
    the pandemic response, I believe the Army has fully implemented all DOD
    directives and guidance for mitigating the risk posed by COVID-19,
    while empowering Army commanders to implement additional safeguards
    based on mission requirements, community transmission data, or other
    unique factors. I am informed that these measures have included the use
    of personal protective equipment, social distancing, and increased
    telework flexibility. The Office of the Army General Counsel has
    reviewed all such guidance and will continue to play an important role
    in advising the Department on COVID-19 related matters.
                   civilian attorney recruiting and retention
        Question. In your view, does the Department of the Army have a
    sufficient number of military and civilian attorneys to perform its
    many missions?
        Answer. I am not currently in a position to judge the adequacy of
    attorney manning levels. If confirmed, in coordination with The Judge
    Advocate General, I will evaluate and make any appropriate
    recommendation on what manning levels need to be adjusted for the Army
    to perform its many missions with proper legal review. I believe the
    increased complexity and pace of multi-domain operations has expanded
    the role of both civilian and uniformed attorneys in areas such as
    cyber law, intelligence law, space law, international law, and
    acquisitions. Furthermore, recent legislation requiring additional
    legal services for domestic violence victims and expected legislation
    reforming military justice requires additional military attorneys to
    ensure the fair and expeditious adjudication of misconduct critical to
    maintaining good order and discipline, readiness levels that supports
    the warfighting mission, and soldier and family well-being. I am also
    informed that civilian attorneys have, on occasion, been forced to
    surge expertise to address emerging needs. When those requirements
    become enduring, I believe an assessment must be made on whether
    current civilian end strength is appropriate.
        Question. Army judge advocates benefit from an established career
    progression format, substantial mentoring and training opportunities,
    and exposure to a broad spectrum of legal practice areas and leadership
    responsibilities. By contrast, Army civilian attorneys normally do not
    have established career programs and may do the same type of legal work
    for many years, with promotions based solely upon longevity and
    vacancies that may arise.
        If confirmed, what specific actions would you take to recruit,
    hire, and retain high quality civilian attorneys, and provide
    sufficient opportunities for their development and advancement through
    positions of increasing responsibility and leadership in the career
    civilian component of the Army legal community?
        Answer. If confirmed, I would make recruitment, hiring, and
    retention of highly qualified attorneys a top priority. In order to
    remain competitive in the legal labor market, it is crucial that the
    Army renew its commitment to funding current recruiting and retention
    incentive programs. It is also important to encourage innovative
    recruiting and retention strategies to develop tools to compete with
    the private sector and other Federal employers. If confirmed, I will
    study the viability of additional incentives to attract and retain the
    highest quality attorneys, as I am convinced these efforts and programs
    are needed to maintain the tradition of superior legal services within
    the Department of the Army. In addition, I will seek to establish a
    formal professional development program in the Office of General
    Counsel and consider reestablishing the Army General Counsel Honors
    Program intended to recruit a rich demographic of young legal talent.
        Question. Do you foresee that in the coming years, the Department
    of the Army's demand for civilian attorneys with certain technical-
    legal expertise (e.g., cyber, space, and intellectual property law)
    will increase, commensurate with the Department's evolving missions and
    the 2018 NDS? If so, in what technical-legal specialties would you
    expect the Army's requirements to increase, and why?
        Answer. Yes, I think it is highly likely that demands for
    technical-legal expertise will increase in the coming years. If
    confirmed, I intend to become more fully informed of potential
    deficiencies in these legal practice areas and would work diligently to
    ensure the Army's legal capabilities match the Department's mission
    requirements.
        Question. Do you believe the Army, including Army OGC, needs
    additional incentives and talent management tools to recruit, develop,
    sustain, and retain a 21st century career civilian attorney workforce?
    If so, what sort of incentives and tools do you perceive would be
    helpful?
        Answer. If confirmed, sustaining the career civilian attorney
    workforce would be one of my highest priorities. It is my current
    understanding there are several options already in place that the Army
    can leverage for recruiting and retention of the career civilian
    attorney workforce, such as telework/remote work, the ability to hire
    using excepted service authorities, and the student loan repayment
    program. If confirmed, I would look for additional ways to improve the
    Army's ability to recruit, develop, sustain, and retain talent such as
    developing a Scholarship-for-Service program similar to the Cyber Corps
    Scholarship-for-Service and considering whether to reestablish the Army
    General Counsel Honors Program.
        Question. How is ``Qualifying Authority'' allocated among Army
    Senior Counsels?
        Answer. The Army General Counsel has the authority to approve the
    qualifications of all civilian Army attorneys but has delegated the
    qualifying authority for GS-15 level civilian attorneys and below to
    the Chief Counsel of the U.S. Army Corps of Engineers; the Command
    Counsel for Army Material Command, and The Judge Advocate General. The
    General Counsel retains qualifying authority for all SES and SL
    attorney positions Army-wide. While the authority is delegated to these
    senior attorney officials, the General Counsel maintains oversight
    responsibility.
        Question. If confirmed, would you make any adjustments to Army
    legal community Qualifying Authority designations or processes? Please
    explain your answer.
        Answer. No. I am not aware of any need for changes or adjustments
    to qualifying authorities at this time, but if confirmed, I would
    remain receptive and listen to reasons that might suggest otherwise.
        The Army General Counsel serves as the qualifying authority for all
    Army civilian Senior Executive Service (SES) attorney positions.
        Question. What factors would you consider in determining whether to
    qualify a candidate for appointment to an attorney's position in the
    career SES?
        Answer. I understand that when the Army seeks to hire an attorney
    for a career SES position, the Executive Resources Board (ERB) appoints
    a panel to review qualifications and interview qualified candidates.
    Important factors in this process include professional education,
    training, and work experience. If confirmed, I would also look at
    temperament and character for these top legal leadership positions.
        Question. What do you view as the most important executive
    competencies of an SES attorney and how would you assess these in
    deciding whether to recommend a particular candidate for selection and
    appointment to an attorney's position in the career SES?
        Answer. I understand that the General Counsel, as the principal
    legal advisor to the Executive Resources Board (ERB), is not a voting
    member, and therefore, I am informed, is not in a position to recommend
    particular candidates for selection or appointment. I understand,
    however, the Office of General Counsel ensures that ERB members
    recommend candidates who are best qualified for the civilian senior
    executive position because: 1) they have demonstrated the ability to
    lead change; 2) they have demonstrated the ability to lead people; 3)
    they have demonstrated an ability to deliver results; 4) they have a
    history of sound business acumen; and 5) they have successfully built
    coalitions.
        Question. If confirmed, how would you hold Army SES attorneys
    accountable for both organizational performance and the rigorous
    performance management of their subordinates?
        Answer. Every year, Army senior leadership convenes a performance
    review board (PRB) focused on holding each SES, to include attorneys,
    accountable for their work. Instructed by the Secretary of the Army,
    the PRB ensures each SES meets performance objectives. If confirmed, I
    would take appropriate corrective action in cases where individual SES
    attorneys fail to meet performance objectives and standards.
        Question. What role does the Army General Counsel play in the
    Department of the Army Executive Resources Board (ERB)? Would you
    recommend any changes to the Charter of the ERB, if confirmed?
        Answer. The Army GC provides independent legal advice and support
    to the ERB as a non-voting member. At this time, and based on my
    current understanding of the ERB, I am unaware of any changes that need
    to be made to the ERB Charter.
        Question. What role does the Army General Counsel play in the
    Department of the Army SES Talent and Succession Management process?
    Would you recommend any changes to the process, if confirmed?
        Answer. The Office of the Army General Counsel serves as an advisor
    to the ERB and the Talent and Succession Management Boards (TSMB).
    Based on my current understanding of the ERB, I am unaware of any
    changes that need to be made to the SES Talent and Succession
    Management process.
        Question. What role do mobility and the objective of joint
    experience play in the Army SES program, including with regard to SES
    attorneys?
        Answer. I believe the Senior Executive Service is a national asset.
    Mobility is typically required of all SES employees. Mobility involves
    using a full range of assignment authorities to leverage the skills of
    executives to enable greater mission accomplishment and to prepare them
    for higher levels of service, whether within the agency, or elsewhere
    in Government. I believe our Nation is best served when agencies and
    executives work together strategically to field the strongest and most
    agile executive corps possible. Mobility encompasses both temporary and
    permanent job assignments involving changes from previous assignment
    patterns (for example, to different business lines, disciplines,
    program areas, components, regions, headquarters, or other divergent
    environments). I understand that joint experience is also a component
    of the Army SES program, as the Army participates inside the DOD
    Enterprise allowing SES employees to maneuver into different
    environments within DOD, enabling SES employees to gain broader
    experience and perspective within the Department of Defense.
        Question. The American Bar Association's Standing Committee on Pro
    Bono and Public Service asserts that ``[w]hen society confers the
    privilege to practice law on an individual, he or she accepts the
    responsibility to promote justice and to make justice equally
    accessible to all people. Thus, all lawyers should aspire to render
    some legal services without fee or expectation of fee for the good of
    the public.''
        If confirmed, would you favor the creation of a program to permit
    civilian attorneys in Army OGC to engage in pro bono work? If not, why
    not? If so, what would be the parameters of such a program?
        Answer. Yes. I fully support the principles articulated by the ABA
    regarding pro bono services and, if confirmed, I will explore the
    feasibility of such a program within the Army Office of General
    Counsel. However, I think caution is advisable because many attorneys'
    State bars have guidelines regarding pro bono work, as well as rules
    governing the practice of law outside of the jurisdiction in which an
    attorney may be licensed.
        Question. Former Secretary of Defense Esper and Army Chief of
    Staff, General McConville, prioritized initiatives to employ military
    spouses in Army civilian jobs. In 2014, the Army Judge Advocate
    General's Corps created the Military Spouse Attorney Hiring Program.
        What role can the Army General Counsel play in expanding the
    Military Spouse Attorney Hiring Program across the Army legal
    community?
        Answer. I understand that the Army Judge Advocate General's Corps'
    Military Spouse Attorney Hiring Program has been very successful, with
    well over 200 appointments of spouse attorneys since its inception in
    2014--with most appointments being within the Judge Advocate General's
    Corps. Since that time, the Air Force has implemented its own program,
    patterned after the Army's. If confirmed as General Counsel, I would
    intend to broadcast the quality of the attorneys recruited thought this
    program and emphasize the overall value of the program amongst each of
    the Qualifying Authorities and the rest of the Army and DOD legal
    community leaders.
        Question. In your view, can the tenets of the Military Spouse
    Attorney Hiring Program be expanded to military spouses in other
    professions?
        Answer. Yes. In my assessment, many of the tenets that make the
    Army's Military Spouse Attorney Hiring Program so successful would
    apply to any profession. While I understand this particular program
    benefits from excepted service hiring flexibilities, the success of the
    program is fundamentally based on the ready, able, and extremely
    motivated pool of high quality talent that exist in the Services'
    military spouses.
                          detention and interrogation
        Question. Do you support the standards for detainee treatment
    specified in the revised Army Field Manual on Interrogations, FM 2-
    22.3, issued in September 2006, and in DOD Directive 2310.01E, The
    Department of Defense Detainee Program?
        Answer. Yes. I firmly believe that all detainees must be treated
    humanely.
        Question. If confirmed, what role will Army OGC play in the ongoing
    triennial review and revision of FM 2-22.3 mandated by the NDAA for
    fiscal year 2016?
        Answer. I understand that Section 1045 places primary
    responsibility for reviewing FM 2-22.3 with the Secretary of Defense,
    in consultation with the Attorney General, the Director of the Federal
    Bureau of Investigation, and the Director of National Intelligence. To
    ensure the field manual complies with U.S. legal obligations, however,
    the Army General Counsel should provide an independent voice regarding
    any proposed revision to the interrogation standards contained in FM 2-
    22.3 and the interpretation of those specified in Section 1045 of the
    FY2016 NDAA. If confirmed, I would provide that independent voice, and
    would work with the DOD General Counsel, and The Judge Advocate General
    of the Army to ensure that the standards of treatment in the manual are
    in accordance with applicable law and policy.
        Question. Section 2441 of title 18, U.S. Code, defines grave
    breaches of common Article 3 of the Geneva Conventions, including
    torture and cruel and inhuman treatment.
        In your view, does section 2441 define these terms in a way that
    provides U.S. detainees in the custody of other nations, as well as
    foreign detainees in U.S. custody, appropriate protections from abusive
    treatment?
        Answer. In my view, the definitions of ``torture'' and ``cruel and
    inhuman treatment'' as contained in United State Code, Title 18,
    Section 2441, provide clear and appropriate guidance regarding the
    treatment of U.S. detainees in foreign custody and foreign detainees in
    U.S. custody. The articulated standards criminalize specific ``war
    crimes,'' regardless of whether the offense is committed by or against
    a member of the Armed Forces or a national of the United States, and
    serve as safeguards to ensure appropriate protection from abusive
    treatment.
                            military commissions act
        Question. In your view, have military commissions constituted
    pursuant to the Military Commissions Act of 2009 provided an effective
    forum for trying violations of the law of armed conflict in the context
    of the global war on terrorism? Please explain your answer.
        Answer. In my view, yes. The military commissions constituted
    pursuant to the Military Commissions Act of 2009 have provided an
    effective forum designed to address the unique nature of offenses
    committed in violation of the law of armed conflict.
        Question. Does the extensive duration of pretrial procedures in
    ongoing commission cases give you any cause for concern that the
    commission system may not be effective? Please explain your answer.
        Answer. Based on my present understanding, no they do not. Pretrial
    procedures are a critical part of the commissions--or any criminal
    judicial--process, and are required by the Military Commissions Act of
    2009, the Rules for Military Commission, the Regulation for Trial by
    Military Commission, and the Military Commissions Rules of Court. I
    understand that the length of time that the pretrial process takes is
    specific to the factual issues of each case, many of which bear
    directly on due process and national security considerations.
        Question. What changes to the Military Commissions Act of 2009
    would you propose, if confirmed, to improve the efficiency and
    effectiveness of the military commission system and process?
        Answer. At this time, I do not have any recommended changes to the
    military commission system and process. However, if confirmed, I will
    continue to assess the efficiency and effectiveness of this system and
    its processes.
        Question. In your view, could the Article III court system serve as
    a suitable, if not preferable alternative for the trial of persons
    charged with violations of the law of armed conflict in the context of
    the global war on terrorism? Please explain your answer.
        Answer. Although the Federal court system has successfully tried
    many terrorists, my current view is that some cases are more
    appropriate for trial by military commission. Military commissions, as
    established by the Military Commissions Act of 2009 and governed by the
    associated rules and regulations, provide a just process for trying
    offenses against the law of war and other offenses triable by a
    military commission consistent with U.S. and international law.
                                     ethics
        Question. If confirmed, what actions would you take to effectuate
    your duties as the Designated Agency Ethics Official for the Department
    of the Army?
        Answer. If confirmed, as the Army's Designated Agency Ethics
    Official (DAEO), I would have the primary responsibility for developing
    and overseeing the policies and programs for the Army's ethics program,
    and for ensuring effective and open communication with the Office of
    Government Ethics. I would coordinate with subject matter experts in
    the Office of the General Counsel and with officials in relevant agency
    components to ensure the Army had established effective communication
    relationships regarding matters related to the agency's ethics program.
    I would also perform all duties required of me under Federal and DOD
    regulations, which include providing accurate and timely ethics advice
    and counseling and ensuring the appropriate resolution of conflicts of
    interest and the appearance of conflicts of interest.
        Question. What do you see as the role of the Army General Counsel
    in setting an ``ethical tone'' for all Army personnel, military and
    civilian?
        Answer. In my view, the strength of the Army's ethical culture
    should come from leadership at every level. I share President Biden's,
    Secretary Austin's, and Secretary Wormuth's commitment to restoring and
    maintaining public trust in government, and in the Army in particular.
    If confirmed as the senior legal official in the Army, I would play an
    important role in not only advising the Army's most senior leaders, but
    also in providing training and legal practice resources to all Army
    legal professionals. By ensuring all Army leaders get prompt and
    accurate legal advice as well as continual ethics training, I would
    provide them the skills and tools to be ethical leaders and ensure they
    are able to personally set the highest ethical standards. I will also
    take steps to ensure the Army's financial and operational processes,
    reporting, systems, and data are accurate, reliable, and secure,
    further enhancing public trust in the Army.
        Question. How is responsibility for providing ethics advice to
    senior officials allocated among Army Senior Counsel?
        Answer. If confirmed, I would personally provide ethics advice, and
    also delegate responsibility for providing certain advice to an
    Alternate Designated Agency Ethics Official, to several Deputy
    Designated Agency Ethics Officials, and to Ethics Counselors throughout
    the Army.
        Question. What actions has the Army taken over time to ensure that
    its military officers and other Army personnel are trained--throughout
    their careers--on objective ethics and the Army's core values?
        Answer. I am informed that all new Army members--soldier and
    civilian alike--must receive ethics training within 3 months of
    appointment. Interactive or in-person annual ethics training is
    mandatory for all senior Army officials and members whose duties
    involve the exercise of significant independent judgment over matters
    that will have a substantial impact on the integrity of Army operations
    and relationships with non-Federal parties. Army members also receive
    ethics training at their command preparation courses and their
    professional advancement courses, and many commands offer ethics
    training aimed specifically at post-government employment restrictions
    to departing officials. Additionally, The Judge Advocate General Legal
    Center and School (TJAGLCS) provides government ethics training to both
    legal and non-legal personnel. The Army also provides government ethics
    training materials that are used throughout the Army for initial entry
    training, command courses, and other training courses throughout
    soldiers' careers in the Army.
        Question. What role does the Army General Counsel play in ensuring
    that Department of the Army personnel--military and civilian--timely
    identify and disclose potential personal and organizational conflicts
    of interest and take all appropriate steps to avoid or mitigate them?
        Answer. The General Counsel, as the Designated Agency Ethics
    Official, is responsible for the Army's ethics program to prevent
    conflicts of interest in order to maintain the public trust. Timely
    submission of the appropriate financial disclosure report for both new
    and annual filers is the first step toward minimizing these conflicts.
    It is my understanding that the Army General Counsel and subordinate
    ethics offices work closely with human resource officials so that when
    new employees in-process, they are provided with notices of filing
    requirements. The cognizant ethics official provides advice and counsel
    to both the employee and his/her supervisor to navigate and/or remedy
    any actual or potential conflicts of interest. If confirmed, I will
    also ensure that the Department's business practices are designed to
    prevent personal and organizational conflicts of interest and that this
    effort is one of the Army's highest priorities. If confirmed, I will
    work closely with senior Departmental officials to promote an
    organizational climate that is vigilant about preventing conflicts of
    interest and reacts appropriately when specific issues arise.
        Question. What training do Army lawyers receive to ensure they are
    competent to provide effective, accurate, and timely guidance to Army
    personnel in need of such counsel?
        Answer. All Army uniformed lawyers receive specific instruction on
    government ethics throughout their career progression, starting with
    the basic Judge Advocate Officer Basic Course, and progression to
    refresher ethics training, including at the Judge Advocate Graduate
    Course and the Reserve Component Judge Advocate Officer Advanced
    Course. Those lawyers designated, in writing, as ethics counselors
    receive an additional multi-day comprehensive course on ethics and
    standards of conduct. My understanding is that the Office of the
    General Counsel provides in-person and web-based presentations on
    recent developments in ethics and legal practice to the Army legal
    community. Furthermore, Army uniformed and civilian attorneys regularly
    participate in multi-day ethics courses and conferences offered by the
    Army, other services, and the Department of Defense Office of General
    Counsel. If confirmed, I will work closely and collaboratively with The
    Judge Advocate General of the Army and other senior legal officials to
    address training needs for all uniformed and civilian attorneys and
    legal support personnel within the Department and continue to
    strengthen the Army's ethical climate and culture.
        Question. What resources has the Army made available to provide its
    GOs and SESs the legal advice, and assistance they need to adhere to
    ethical and legal standards in complying with travel regulations, and
    ensuring that government resources, including the official time of
    their military and civilian subordinates--are used only for official
    purposes? Please explain your answer.
        Answer. It is my understanding that the Army provides multiple
    resources to GOs and SESs to ensure they have access to legal advice
    regarding government ethics issues. I am informed that The Judge
    Advocate General's Legal Center and School (TJAGLCS) provides training
    directly to GOs, and that new Army GOs are required to attend Army
    Strategic Education Program (ASEP) courses that include ethics
    training. Additionally, the TJAGLCS has a General Officer Legal
    Orientation Course (GOLO) that is optional for GOs (O-7 and O-8s),
    which includes a mandatory 1-hour block of instruction on government
    ethics issues to include conflicts of interest, use of resources (e.g.,
    the use of subordinates' time), gifts, travel regulations, post-
    government employment restrictions, and relations with non-Federal
    entities. In addition to these training requirements, I understand that
    GOs and SESs have access to trained ethics counselors who have been
    delegated the authority to advise on ethics issues from the General
    Counsel of the Army, the Army Designated Agency Ethics Official,
    through The Judge Advocate General of the Army. These ethics counselors
    provide direct support to GOs and SESs to assist them with identifying
    ethics issues and addressing them in accordance with all statutory and
    regulatory requirements. Finally, because all Army GOs and SESs are
    mandatory filers of Public Financial Disclosure reports as required by
    the Office of Government Ethics, these individuals are required by
    Federal regulations to receive annual ethics training. Topics covered
    in the annual training include financial conflicts of interest,
    impartiality, misuse of position, gifts, and any other agency
    regulations determined to be relevant by the Designated Agency Ethics
    Official. I understand that the agency regulations included in this
    training are the Joint Travel Regulation and the use of government
    resources in accordance with the Joint Ethics Regulation.
        Question. What is your understanding of the actions required of a
    Department of the Army civilian attorney or Judge Advocate who becomes
    aware of improper activities by a Department of the Army officer or
    official who has sought, but failed to follow that attorney's legal
    advice?
        Answer. My understanding is that, except when representing an
    individual client, an Army lawyer represents the Department of the
    Army. If a lawyer for the Army knows that any person associated with
    the Army is engaged in action that is a violation of a legal obligation
    they owe to the Army that is adverse to the legal interests or
    obligations of the Army, or that is a violation of law that reasonably
    might be imputed to the Army, then that lawyer must take appropriate
    action for the best interests of the Army. This would include asking
    that person to reconsider or elevating the matter to a higher
    authority. If, despite the lawyer's efforts, the highest authority that
    can act concerning the matter insists upon or fails to address, in a
    timely and appropriate manner, the violation, the lawyer, in my view
    should consult with senior Army lawyers at the same or higher levels of
    command, advise them of the lawyer's concerns, and discuss available
    alternatives to address the situation.
        Question. In your view, is Army OGC adequately resourced--in
    people, money, technology, and expertise--to execute its FDM-related
    duties on behalf of the Secretary of the Army?
        Answer. I have no knowledge at this time if the Army Office of
    General Counsel is appropriately resourced to execute its Financial
    Disclosure Management responsibilities, but will look into the Army
    Office of the General Counsel's resourcing, if confirmed, to ensure the
    Army can meet this key requirement.
        Question. In March 2016, the DOD Inspector General issued its
    report, Section 847 Requirements for Senior Defense Officials Seeking
    Employment with Defense Contractors. The report concluded that the
    After Government Employment Advice Repository (AGEAR), administered by
    Army OGC, was ``unreliable.''
        Have all of the AGEAR-related deficiencies identified in the DOD
    Inspector General's report--including deficiencies under the purview of
    Army OGC, and those for which other DOD Components were responsible--
    been corrected? Please explain your answer.
        Answer. My understanding is that all AGEAR-related deficiencies
    have been corrected, as evidenced by the DOD Inspector General's 2019
    report conclusions. The DOD Inspector General found no deficiencies and
    made no recommendations in the 2019 report.
                           environmental contaminants
        Question. GAO advises that as of August 2017, the Army had
    identified known or suspected releases of perfluorooctane sulfonate
    (PFOS) and perfluorooctanoic acid (PFOA) in drinking water at or near
    61 of its installations.
        What ``lessons learned'' will OGC incorporate--going forward--in
    its practice relating to environmental remediation in support of the
    redevelopment of military bases closed under BRAC--including as regards
    the remediation of PFOS and PFOA?
        Answer. I believe, the Defense Environmental Restoration Program is
    a mature effort throughout the Army for both active and BRAC sites, and
    most installations closed under BRAC have been remediated. However, I
    think the Office of General Counsel needs to be proactive and
    responsive to Army leaders regarding the potential for emerging
    contaminants to impact property disposal of BRAC sites due to the risk
    to redevelopment by local communities. If confirmed, I will ensure the
    Office of General Counsel educates Army leaders and stakeholders about
    existing or proposed legal requirements for PFOS/PFOA, and other
    emerging contaminants, and will ensure that the Army remains cognizant
    and flexible as both the law and science related to contaminants
    continue to develop.
        Question. To date, what has been the role of OGC in the Army's
    efforts to address environmental and soldier and family health concerns
    associated with PFOS, PFOA, and other potentially harmful contaminants
    at active Army installations? If confirmed, what role would you
    establish for yourself in ongoing efforts in this regard?
        Answer. If confirmed, I will work closely with the DOD Office of
    General Counsel in supporting the DOD's per-and poly fluoroalkyl
    substances (PFAS) Task Force. I will also assist the Army Secretariat
    in their efforts to address novel issues that are raised through the
    Army's PFAS Working Group to ensure the protection of human and
    environmental health. The Army is fully engaged with the other services
    to proactively and conscientiously address PFAS concerns and develop a
    coordinated and holistic DOD approach.
        Question. What factors would you consider in providing legal advice
    to Army officials regarding the role the Army should take in funding
    and overseeing PFOS and PFOA-related environmental cleanup and
    restoration activities at Reserve locations and in communities adjacent
    to or near military bases, installations, and operational platforms?
        Answer. If confirmed, I would consider recent NDAA provisions that
    have focused on PFAS-containing materials at DOD installations and
    operational platforms as well as considering existing law including the
    Defense Environmental Restoration Program to provide accurate and
    proactive legal advice to Army officials regarding the Army's role with
    respect to PFOS and PFOA-related environmental cleanup and restoration
    activities. I am aware of the challenges posed in conducting
    investigations and remediation related to PFOS and PFOA releases. If
    confirmed, I am committed to working transparently with all
    stakeholders to develop mutually acceptable solutions.
                         energy security and resilience
        Question. The range of threats against which Army installations
    must maintain resiliency is ever-growing.
        In your view, how can OGC assist the Army in better integrating
    energy security and resilience as standard components of its Military
    Construction (MILCON) programs?
        Answer. If I am confirmed, I would ensure the Office of the General
    Counsel assists the Assistant Secretary of the Army for Installations,
    Energy and Environment in determining how best to integrate recently
    enacted and amended energy resilience authorities--to include the
    Energy Resilience and Conservation Investment Program (ERCIP)--with
    existing MILCON authorities as the Army builds its Future Year
    Development Plans (FYDPs). The Office of the General Counsel can also
    help identify gaps in statutory authority that may benefit from
    additional legislation to enable the Army's MILCON program to
    appropriately prioritize energy resilience measures in the construction
    design and project authorization process. Further, as General Counsel,
    I would advocate for additional MILCON funding in the budget process to
    fully support Army priorities, Army facilities investment strategies,
    and the National Defense Strategy, to include those aspects dealing
    with energy security and resilience.
        Question. A number of unique authorities enable the Army's pursuit
    of distributed energy projects that improve installation resilience,
    increase readiness and mission assurance, and offer long-term cost
    savings. These authorities include: Inter Governmental Support
    Agreements, Other Transaction Authority, Utility Privatization, Energy
    Savings Performance Contracts, Utility Energy Service Contracts,
    Enhanced Use Leases, and the Defense Community Infrastructure Program.
        What is the role of the OGC in advising on the use of these
    authorities? Has the Army's use of one or more of these authorities
    yielded outcomes of particular promise?
        Answer. I believe the Office of General Counsel advises the Army
    Secretariat on legal issues associated with policy formulation and
    implementation, including those related to distributed energy projects
    to improve installation resilience. With regard to the use of 10 U.S.C.
    2679 to enter into Inter-Governmental Support Agreements (IGSAs), for
    example, I am informed that Army Installation Management Command
    (IMCOM) reported the Army saved approximately $25.3M by obtaining
    installation support services through IGSAs compared to obtaining those
    same services through Federal Acquisition Regulation (FAR)-based
    contracts.
                     encroachment on military installations
        Question. Encroachment on military installations by commercial and
    residential development can negatively impact ongoing operations and
    significantly delay or halt the construction of new testing and
    training facilities vital to generating readiness.
        What would be your role, if confirmed, in engaging with communities
    surrounding Active Army and Reserve Component training ranges, to
    address and resolve community concerns, while ensuring the resilience
    of range capabilities?
        Answer. It is my understanding the Army, in conjunction with the
    Office of Local Defense Community Cooperation, conducts compatible use
    studies at installations. These studies are co-sponsored by the
    community and include input from surrounding county and State officials
    to ensure all future plans are known and incorporated into the study.
    If confirmed, I will ensure the Office of the General Counsel is fully
    engaged in the process of obtaining compatible use buffers to protect
    Army training missions.
                   environmental stewardship and conservation
        If confirmed to be the Army General Counsel, how would you educate
    Army leaders and the force at large about the imperative of complying
    with environmental protection laws and regulations, as well as with
    guidance from the Environmental Protection Agency
        Answer. I am aware of some of the environmental challenges that DOD
    and the Army face. If confirmed, I will work with the Army's subject
    matter experts to address these challenges in order to protect human
    health and the environment, and to ensure support of the Army's
    warfighters.
        Question. If confirmed, how would you work with the Department of
    the Interior and the U.S. Fish and Wildlife Service to promote
    environmental stewardship and conservation on and around Army
    installations, while ensuring military readiness?
        Answer. If confirmed, I will ensure the Army continues to work
    closely and cooperatively with the Department of the Interior and the
    U.S. Fish and Wildlife Service to remain good stewards of our Nation's
    most valuable natural resources, while maintaining sufficient land to
    train for the Army's warfighting mission.
        Question. What are your ideas as to how the process associated with
    generating an Environmental Impact Statement (EIS) could be
    streamlined, with a view to completing any future EIS in 2 years or
    less, from start to finish?
        Answer. If confirmed, I will work with the Army's subject matter
    experts and with other stakeholder Federal agencies to explore ways to
    update and refine the Army's National Environmental Policy Act (NEPA)
    regulation and procedures in an effort to streamline NEPA requirements
    Army-wide.
                military housing privatization initiative (mhpi)
        Question. If confirmed as Army General Counsel, what would be your
    role in establishing accountability inside the Army for sustaining the
    high quality housing that soldiers and their families deserve?
        Answer. If confirmed, I would ensure Army leadership is kept fully
    aware of all legal mechanisms available to hold the Army's housing
    privatization partners to their legal obligation to provide high-
    quality housing to soldiers and their families. If Army leadership
    deems it appropriate to take action to hold a partner accountable, I
    will ensure the Office of the General Counsel provides the necessary
    legal advice and support to effectively implement the available
    accountability measures.
        Question. If confirmed, specifically what would you do to improve
    business operation constructs and vest accountability in MHPI
    ``contractors'' for strict compliance with the terms of their public-
    private partnership agreements with the Army?
        Answer. Ensuring that soldiers and their families have high quality
    housing is exceptionally important. I believe it is critical that the
    Army set defined metrics and enforce performance standards with the
    MHPI partners. I understand the Army established common performance
    metrics for MHPI project company incentive fees. If confirmed, I will
    support the refinement of existing tools to allow leaders to assess
    project company performance and hold them accountable by enforcing
    contractual obligations, including any penalty provisions when
    appropriate. As stated above, if confirmed and if Army leadership deems
    it appropriate to take action to hold a partner accountable, I will
    ensure the Office of the General Counsel provides the necessary legal
    advice and support to effectively implement the available
    accountability measures.
        Question. What progress has the Army made in creating a ``Tenant
    Bill of Rights'' and enumerating ``Tenant Responsibilities'' applicable
    to soldier and military families who reside in privatized housing?
        Answer. I understand the Army recently implemented all 18 tenant
    rights at all 44 privatized housing locations and issued a
    complementary document of tenant responsibilities. If confirmed, I will
    provide Army leadership the necessary legal support to protect soldiers
    and their families across a wide range of privatization initiatives,
    including implementation of the Tenant Bill of Rights.
        Question. The installation or regional commander in charge of the
    oversight of privatized housing units will serve as the ``deciding
    authority'' in the dispute resolution and payment-withholding processes
    established pursuant to section 2894 of the NDAA for fiscal year 2020.
        What role will OGC play in training commanders, their legal
    counsel, and other participants in the dispute resolution and payment
    withholding processes?
        Answer. My understanding is the dispute resolution and payment
    withholding process is being implemented by Army Installation
    Management Command (IMCOM). If I am confirmed, the Office of the
    General Counsel will continue to advise the Army Secretariat on policy
    and legal issues resulting from implementation of the Army's dispute
    resolution and payment withholding processes, including issues
    indicating a need for additional training of process participants.
        Question. Recently, the Air Force Inspector General undertook an
    assessment of actual progress in implementing MHPI reforms at a
    sampling of installations across the Department of the Air Force.
        Has the Department of the Army implemented any like objective
    assessment? If so, what did that assessment find? If not, would you
    recommend that the Secretary of the Army direct such an assessment? In
    your view, are there other ways in which the Secretary can assess
    effectively whether the reports of progress he receives from Army
    officials responsible for MHPI are congruent with improvements on the
    ground?
        Answer. I have been told that the Department of the Army Inspector
    General is in the process of conducting a similar assessment, as is the
    Department of Defense Inspector General and the Government
    Accountability Office. If confirmed, I will review the assessments,
    once they are completed, and make recommendations to Army leadership as
    to how best to correct any outstanding deficiencies. I will also ensure
    that the Office of the General Counsel provides legal support to aid
    the MHPI program in making improvements in compliance with all
    applicable laws and policies.
                                  acquisition
        Question. In successive NDAAs beginning in fiscal year 2013,
    Congress enacted sweeping reforms of the defense acquisition system and
    organizational structure. These reforms expanded the acquisition-
    related functions of the Service Chiefs and incorporated measures
    designed to reduce the cost and development timelines of major systems.
        What is your understanding of the role of the Army General Counsel
    in ensuring that Army acquisition programs are executed in accordance
    with the law and DOD and Army acquisition policy?
        Answer. The Army General Counsel is responsible for advising both
    the Secretary of the Army and the Assistant Secretary of the Army for
    Acquisition, Logistics and Technology (ASA(ALT)) to ensure Army
    acquisition programs are executed in accordance with law and policy. If
    confirmed, I would stay directly involved in this area and would ensure
    the Office of the General Counsel continues to provide sound legal and
    business advice to help Army acquisition programs achieve their cost,
    schedule, and performance objectives consistent with the principles of
    acquisition reform.
        Question. How does the Army General Counsel ensure that the
    acquisition-related responsibilities of the Chief of Staff of the Army
    are synchronized with those of the Secretary of the Army and the
    Assistant Secretary of the Army for Acquisition, Logistics and
    Technology (ASA(ALT))?
        Answer. The Secretary of the Army and the Chief of Staff of the
    Army are the customers of the Army acquisition system, which is
    responsible for balancing resources against priorities on acquisition
    programs. The Army's acquisition system must ensure that appropriate
    tradeoffs are made among cost, schedule, technical feasibility, and
    performance objectives on a continuing basis throughout the life-cycle
    of the program. The Army General Counsel advises Army leaders on the
    legal aspects of acquisition matters to help ensure their involvement
    with individual programs remains synchronized and fully support the
    Secretary's responsibility to equip the Army.
        Question. What are your views on the overall effects on the Army of
    defense acquisition reform to date?
        Answer. The objective of the defense acquisition system is to
    deliver decisive capabilities to soldiers in a timely manner while
    ensuring that taxpayer resources are utilized appropriately and
    efficiently. My understanding is that the Army has implemented a series
    of acquisition reforms directed by Congress in recent years, which
    provide greater flexibility in the development of new capabilities and
    that reduce timelines to field them to soldiers. These reforms appear
    to be benefiting the Army's efforts to modernize its weapon systems. If
    confirmed, I would support the Secretary of the Army and the Assistant
    Secretary of the Army (Acquisition, Logistics, and Technology) in
    ensuring the Army continues to implement recent reforms expeditiously,
    in accordance with law and policy, and in a manner consistent with
    congressional intent.
        Question. If confirmed, how would you ensure that Army acquisition
    officials understand and leverage the flexibilities provided by
    Congress in the context of acquisition reform?
        Answer. Given the rapid pace of technological change and evolving
    threats in an increasingly complex security environment, it is critical
    that the Army leverages all of the flexibility and authority provided
    in law. If confirmed, I would work to ensure that Army acquisition
    officials understand the full range of these authorities and how they
    can be implemented in specific acquisition programs. I would also work
    closely with Army acquisition leaders to ensure that these authorities
    are exercised in a manner consistent with congressional intent and
    promote public confidence and trust in the acquisition process.
        Question. Do you perceive benefit to the Army in establishing major
    acquisition programs under Section 804 authority? What are the risks of
    doing so? Please explain your answer.
        Answer. My understanding is that Section 804 authority enables the
    Army to rapidly prototype and field new capabilities to respond to
    rapidly changing technology and evolving threats outside of the formal
    defense acquisition system. These authorities enable the Army to inform
    requirements and incorporate soldier feedback throughout the process,
    thereby increasing successful program outcomes. As I understand it,
    there are potential risks associated with the use of this authority,
    particularly when transitioning new technologies and prototypes into
    production. If confirmed, I would work with the Assistant Secretary of
    the Army (Acquisition, Logistics and Technology) to ensure that Section
    804 programs appropriately address these considerations while
    effectuating congressional intent in this area within applicable law
    and policy.
        Question. Do you believe the Army should exploit non-developmental
    or commercial off-the-shelf solutions to meet Army requirements? Would
    this put capabilities into the hands of soldiers more quickly, in your
    view?
        Answer. Yes, my view is that the Army should leverage existing
    commercial and non-developmental technologies where appropriate. In
    doing so, the Army can more effectively invest resources in developing
    unique capabilities and encourage investment by a broader cross-section
    of the industrial base. If confirmed, I commit to working with the
    Assistant Secretary of the Army (Acquisition, Logistics and Technology)
    to support such efforts.
        Question. What is your assessment of the legal issues attendant on
    the identification, evaluation, and management of risk in the Army's
    organic and commercial defense industrial base, including the munitions
    industrial base?
        Answer. I understand that the organic and commercial defense
    industrial base, including the munitions industrial base, is vital to
    the Army's success, however, I am not currently aware of specific legal
    issues related to the industrial base. If confirmed, I would become
    fully informed in this area and would advise the Secretary the Army and
    the Assistant Secretary of the Army for Acquisition, Logistics and
    Technology on the associated legal and business considerations.
                              army futures command
        Question. The Secretary of the Army indicated to the committee that
    a holistic review of Army Directive 2020-15, relating to Army Futures
    Command authorities and relationships, would be conducted.
        What is the status of the holistic review and what are the findings
    and outcomes of the review to date?
        Answer. I am not familiar with the details of the Army's internal
    discussions on this matter. If confirmed, however, I will make it a
    priority to ensure that any deliberations are fully informed by
    thorough legal analysis of related statutes and policy.
        Question. Will you commit that, if confirmed, you would ensure that
    any way forward on this Directive comports with the principles of
    civilian control and with governing laws?
        Answer. Yes. If confirmed, I commit to ensuring that any actions
    taken following the authorities derived from Army Directive 2020-15
    comport with the principles of civilian control of the military and
    with governing law.
                              security assistance
        Question. The U.S. Army Security Assistance Command is the one-stop
    focal point for Army Foreign Military Sales, providing materiel,
    training, education, and other services to more than 140 allies and
    friendly countries and multinational organizations--all designed to
    improve security cooperation and foster interoperability and
    preparedness.
        In your view, is the current structure for the provision of legal
    services to U.S. Army Security Assistance Command, sufficiently expert,
    efficient, and effective? Please explain your answer.
        Answer. I am informed that the U.S. Army Security Assistance
    Command legal services are sufficiently expert, efficient, and
    effective. I understand that the attorneys whose practice involves
    Foreign Military Sales (FMS) possess significant experience in
    procurement law and litigation, are appropriately resourced, and are
    exceeding the standard for delivery of routine opinions. If confirmed,
    however, I commit to evaluating the provision of legal services to this
    command, and all commands for that matter, and I will make
    recommendations for improvement where necessary.
        Question. What progress has the Army made in standardizing security
    assistance reporting so as to leverage comparisons of security
    cooperation spending across countries, regions, and programs to enable
    informed future prioritization and resourcing decisions?
        Answer. I understand that the Army has developed a data base that
    tracks and measures statistics for all Army FMS cases, which allows for
    the sorting of data by country, region, status, and type of case. I
    also understand that this data base, combined with other existing Army
    financial management tools, provides the Army with a holistic overview
    of all FMS cases and is transferable into systems developed for the
    Secretary of Defense. These improvements ensure that Army FMS cases are
    properly prioritized and aligned with U.S. strategic interests.
        Question. What progress has the Army made in developing an expert
    and effective security cooperation workforce? What skill and competency
    gaps remain, in your view?
        Answer. I understand that the Army implemented the DOD Security
    Cooperation Workforce Certification Program into all training,
    personnel, and force management policies and procedures, and this
    program ensures that the security cooperation workforce has the
    necessary knowledge and skills to be effective in executing security
    missions and functions. I also understand that the Army Security
    Assistance Enterprise Training Initiative is being implemented to
    address skill and competency gaps in Army FMS development,
    implementation, and closure actions. If confirmed, I commit to
    assessing the expertise and effectiveness of the security cooperation
    workforce, to include identification of any skill or competency gaps,
    and seeking improvements where necessary
          role in the army officer promotion and confirmation process
        Question. What is your understanding of the role of the Army
    General Counsel in ensuring the integrity and propriety of the
    statutory officer promotion selection board process?
        Answer. My understanding is that the Office of General Counsel, in
    conjunction with the Office of The Judge Advocate General, reviews all
    promotion board memoranda of instruction, promotion board results, and
    documentation for officer promotions to ensure that they are properly
    convened and conducted, any potentially adverse or reportable
    information is properly considered, and the Secretary is able to
    certify the exemplary conduct required for promotion.
        Question. Do you perceive any need for change in this role? Please
    explain your answer.
        Answer. I am unaware of any specific changes needed at this time,
    but if confirmed I will take a careful look at the Army's policies and
    procedures and make any necessary adjustments.
        Question. In your view, are the current policies and procedures
    governing review of the records of Army officers whose selection for
    promotion or assignment requires Presidential or Secretary of Defense
    approval or Senate confirmation sufficient to enable informed decisions
    by the Secretary of the Army, the Secretary of Defense, the President,
    and the Senate? Please explain your answer.
        Answer. Yes. In my view, it is essential that the Army promote only
    the most qualified and exemplary officers. I understand current
    statutes and policy require a thorough review of each officer's record,
    including an examination of any potential adverse or reportable
    information that might make their promotion inappropriate.
        Question. In your view, are these policies and procedures fair to
    the individual Army officers proceeding through the promotion or
    assignment processes?
        Answer. Yes. My understanding is that officers with potentially
    adverse information or reportable information are given an opportunity
    to rebut that information and have that rebuttal fully considered so
    that the information can be explained or put into proper context.
        Question. What is the role, if any, of the General Counsel of the
    Department of the Army in advising senior Army and DOD officials on the
    implications of adverse or reportable information pertaining to a
    military officer nominated for promotion to General Officer grades or
    for appointment to a position of ``importance and responsibility.''
        Answer. My understanding is the Army General Counsel, in
    conjunction with The Judge Advocate General, provides advice to the
    Secretary of the Army and other senior Army leaders on nominations with
    potentially adverse or reportable information to ensure that the
    information is properly evaluated, considered, and reported to the
    Office of the Secretary of Defense and the Senate Armed Services
    Committee.
        Question. If confirmed, what will be your role in ensuring the
    Army's strict compliance with section 502 of the NDAA for fiscal year
    2020 and section 505 of the NDAA for fiscal year 2021, as regards the
    conduct of boards for the selection of officers for promotion to
    General Officer grades?
        Answer. If confirmed, I would work with The Judge Advocate General
    to ensure strict compliance with these statutory requirements. As
    discussed above, I would also ensure that the Office of General
    Counsel, in conjunction with the Office of The Judge Advocate General,
    reviews all memoranda of instruction, promotion and advisory board
    results, and documentation to ensure that they are properly convened
    and conducted, and any potentially adverse or reportable information is
    properly considered.
        Question. What is your level of confidence that adverse information
    derived from Army administrative investigations, including those
    conducted pursuant to Army Regulation 15-6, Procedures for
    Administrative Investigations and Boards of Officers, is recorded and
    tracked across an individual soldier's career, and properly considered
    by promotion selection boards?
        Answer. Based on my current understanding, adverse information
    derived from Army administrative investigations is recorded in
    accordance with Army Regulation 15-6, tracked across an individual
    officer's career, and properly considered by promotion selection
    boards, as required by 10 U.S.C. 615 and 14107. I understand that the
    Army Adverse Information Program (AAIP) data base was created to record
    adverse findings against Regular Army field grade officers and higher
    ranks to comply with the general officer screening requirements in 10
    U.S.C. 615. Understanding statutory changes and Congress' intent to
    provide adverse information to all Senate confirmed promotion boards, I
    am aware that the Army is in the process of updating and expanding AIPP
    to record adverse administrative investigation findings on all
    commissioned officers, regardless of rank or component, in the data
    base. If confirmed, I would review this matter carefully in
    coordination with The Judge Advocate General.
                  officer personnel management system reforms
        Question. The John S. McCain NDAA for fiscal year 2019 contained
    several provisions to modernize the officer personnel management
    system. These reforms were designed to align officer career management
    with the priorities outlined in the 2018 NDS.
        How is the Army implementing these authorities today and to what
    effect?
        Answer. The modernization of the Army's personnel system is a
    necessary priority in order to recruit and retain the best talent in
    the Army. I understand that the Army People Strategy communicates this
    emphasis, and the Army Talent Management Task Force is implementing
    needed reforms in officer commissioning, promotion, and retention. If
    confirmed, I commit to reviewing the efforts underway to ensure they
    are fully informed by thorough legal analysis of related statutes and
    policy.
        Question. If confirmed, what would be your role in advising and
    assisting the Army in further leveraging these new authorities?
        Answer. If confirmed, I will advise the Department's leadership
    regarding any issues related to these authorities provided in the
    FY2019 NDAA and ensure that application of the authorities is
    consistent with Title 10, United States Code, and relevant Department
    of Defense and Department of Army Regulations.
        Question. Are there other authorities that the Army needs in order
    to modernize the management of its officer personnel?
        Answer. If confirmed, I commit to reviewing the authorities
    concerning officer management and providing my legal assessment to the
    Secretary of the Army. My view is that modernization of the officer
    personnel system is an important component of readiness, and, if
    confirmed, I commit to working closely with Army leaders and this
    Committee to ensure that authorities are in place to maximize talent-
    based promotions throughout all components--Active, National Guard, and
    the Army Reserve.
                         non-deployable servicemembers
        Question. In July 2018, DOD published Department of Defense
    Instruction (DODI) 1332.45, Retention Determinations for Non-Deployable
    Servicemembers. DODI 1332.45 provides that the Secretaries of the
    Military Departments may ``retain . . . those servicemembers whose
    period of non-deployability exceeds the 12 consecutive month limit . .
    . if determined to be in the best interest of the Military Service.''
        What factors would you consider in advising the Secretary of the
    Army that the retention of a soldier who has been non-deployable for
    more than 12 months is ``in the best interest of the Service''?
        Answer. If confirmed, I will ensure that each soldier's case is
    evaluated based on its individual merits, while remaining mindful of
    the Army's vital mission and the service's demanding requirements.
    Unique skill sets, the ability to perform critical duties in a non-
    deployed environment, medical recovery timelines, and personal
    circumstances are all factors that I would consider in advising the
    Secretary. I understand that this case-by-case approach ensures that
    the best interests of the soldier and the Army are appropriately
    considered in the waiver determination process.
        Question. In your view, what legal and legal policy parameters
    govern how this policy should be applied to soldiers with HIV and to
    soldiers who identify as transgender?
        Answer. As a standards-based organization, I believe that all
    soldiers must be treated with dignity and respect. If confirmed, I
    commit to following all law and DOD policy concerning the deployability
    of HIV-positive and transgender soldiers. I further commit to
    evaluating such cases according to the same factors pertinent to any
    other soldier. If confirmed, I will always provide the Secretary a
    legal analysis informed by a soldier's individual circumstances and
    guided by Army equities.
                               suicide prevention
        Question. Mindful of the U.S. Constitution, Amendment II, and
    related statutes, what ideas would you offer to the Secretary of the
    Army for preventing suicides by curtailing the misuse of lethal means
    by soldiers and their families?
        Answer. I believe that in many cases suicide is a preventable
    tragedy that harms not only the soldier, but also families,
    communities, and teams. If confirmed, I would fully support the
    Secretary's initiatives concerning suicide awareness and intervention,
    to include training on the importance of limiting access to lethal
    means. Above all, if confirmed, I would support efforts that increase
    leader involvement, community engagement, and enable rapid access to
    critical services.
          sexual assault and sexual harassment prevention and response
        Question. You recently served as a member of the Fort Hood
    Independent Review Committee that found that the Army's Sexual
    Harassment/Assault Response and Prevention (SHARP) program at Fort Hood
    ``appeared to be compliant on the surface, but was hollow and lacking
    in leadership attention, day-to-day implementation, broad acceptance by
    the enlisted soldiers, and full inculcation into the culture and
    character of the Fort Hood Community.''
        What is your view of the adequacy of Department of Army-level
    oversight of the implementation of policies for the prevention of and
    response to sexual assaults and sexual harassment in the Army?
        Answer. It is my understanding that there are adequate oversight
    procedures established for the Army's Sexual Harassment/Assault
    Response and Prevention (SHARP) program. However, I understand and
    appreciate that the Army continues working to enhance its programs and
    policies. For example, I am aware that the Army recently conducted an
    assessment of organizational compliance with sexual harassment, sexual
    assault, and integrated violence prevention policies. If confirmed, I
    commit to assisting the Secretary and the Army leadership in assessing
    the adequacy of HQDA-level oversight of the implementation of the law
    and policy governing the prevention of, and response to, sexual assault
    and sexual harassment.
        Question. In your view, what can the Army General Counsel do ensure
    improvements in such oversight?
        Answer. It is my understanding that the Army is undertaking a
    transformational change in its approach on prevention of and response
    to sexual assault and sexual harassment. The Army's redesigned SHARP
    program will look out for the best interest of our soldiers and
    civilians by focusing on prevention, survivor support, and holding
    leaders at all echelons accountable. If confirmed, I will work with the
    Army's leadership to ensure appropriate oversight of these new programs
    by emphasizing that sexual assault/harassment prevention and response
    is a high priority and by monitoring the implementation of prevention
    and cultural reforms proposed by the Independent Review Commission and
    accepted by Secretary Austin. Sexual harassment and assault do not have
    any place in the Army.
        Question. The Army has recently made changes to the structure and
    operations of the Army Criminal Investigation Command. In light of
    these changes, what is your view of the adequacy of the human resources
    the Army has in place to investigate and prosecute allegations of
    sexual assault and of the training provided to such investigators and
    prosecutors?
        Answer. As I understand the ongoing transformation of CID, the Army
    is working to ensure that it has the appropriate level of trained and
    experienced agents to investigate and support the prosecution of
    reports of sexual assault and other serious crimes. If confirmed, I
    would assist in the Army's efforts to transform CID.
        Question. What is your view of the value of the Army's Special
    Victims' Counsel program? In your view, has this programs had any
    effect on the reporting and prosecution of allegations of sexual
    assault in the armed forces?
        Answer. In my view, the greatest value of the Army's Special
    Victims' Counsel Program is that it has helped numerous victims over
    the last 5 years to be heard. When victims understand the justice
    process, they are empowered to describe what justice looks like for
    them and their case. The SVC program helps ensure this critical
    information is known by prosecutors and commanders before they make
    important decisions about each case. While I am not in a position to
    assess directly the effect on reporting and prosecutions, I understand
    that the overwhelming feedback from victims is that the SVC program
    increased their confidence in the military justice system.
        Question. DOD reports on sexual assault and sexual harassment in
    the military generally, and at the Military Service Academies more
    specifically, consistently document the correlation of incidents of
    sexual harassment and incidents of sexual assault.
        What is your view of the Army's program to prevent and respond to
    sexual harassment in the force?
        Answer. In my view, sexual harassment, sexual assault, and
    associated retaliation have no place in the Army. I believe, these
    harmful behaviors are contrary to the Army values, harm soldiers,
    destroy teams, and negatively impact the readiness of the force. I
    understand that the Army is continually working to enhance its programs
    and policies in this critical area. If confirmed, I will support the
    Secretary and the Chief of Staff of the Army as they implement the
    approved recommendations from the Fort Hood Independent Review
    Committee and the DOD Independent Review Commission
        Question. If confirmed, what role would you establish for yourself,
    in addressing the problem of sexual assault and sexual harassment in
    the force?
        Answer. Having served on the Fort Hood Independent Review Committee
    (FHIRC), I am intimately familiar with its recommendations to improve
    sexual assault/harassment prevention and response, and I will utilize
    this insight to provide my best legal advice in support of Secretary
    Wormuth's efforts to implement the FHIRC recommendations, as well as
    Secretary Austin's efforts to effectuate the DOD-level Independent
    Review Commission recommendations across the Department of the Army.
        Question. In your view, does the Army's method for tracking the
    submission and monitoring the resolution of informal Equal Employment
    Opportunity complaints of harassment or discrimination provide Army
    leaders, supervisors, and managers, with an accurate picture of the
    systemic prevalence of these adverse behaviors in the civilian
    workforce?
        Answer. It is my understanding that the Army's methods for tracking
    these complaints provides an accurate picture, which is necessary for
    understanding adverse behavioral trends. I am informed that EEO
    Officials are responsible for reviewing, monitoring, and assessing EEO
    complaint activity and informing supervisors of trends. The Army
    Complaints Tracking System, I am told, has the capability to query by a
    variety of data fields and specific information. If confirmed, I will
    review the Army's tracking of harassment and discrimination complaints
    to see if any gaps exist.
        Question. Does the Army's method for recording the outcomes of
    informal Equal Employment Opportunity complaints of harassment or
    discrimination provide Army leaders, supervisors, and managers with a
    means of identifying repeat perpetrators in the civilian workforce?
        Answer. Yes, I understand that the Army's method for recording
    outcomes of informal EEO complaints provides a means of identifying
    repeat offenders and to track the disposition of any discrimination
    complaints against them. Further, I understand the Army is establishing
    a separate anti-harassment program for civilians, which similarly will
    identify repeat perpetrators. If confirmed, I would support the
    establishment of the separate Anti-Harassment Program for Civilians and
    the exploration of additional ways to prevent harmful behaviors in the
    workplace.
        Question. Does the Army's method for responding to complaints of
    harassment or discrimination in the civilian workforce provide
    appropriate care and services for victims?
        Answer. Counseling, advice, and referrals are an essential part of
    any complaint process including within the Army workforce. As I
    understand, the Army has a history of compliance with law, regulation,
    and policy that ensures commitment to providing care and full due
    process for victims alleging EEO harassment and/or discrimination. If
    confirmed, I would work to ensure continued accountability for
    offenders, compliance with law and policy, and that reports of
    harassment are kept confidential to the fullest extent possible without
    impeding fact-finding into such allegations. I would ensure that Army
    management officials investigate allegations and take appropriate
    corrective or disciplinary action, if warranted.
        Question. If confirmed, what role would you play in shaping
    policies and processes for the prevention of harassment and
    discrimination in the Army's civilian workforce?
        Answer. I am familiar with the Government-wide equal employment
    opportunity processes available to the civilian workforce as well as
    the existence of civilian employee assistance programs. I also
    understand that the Department of the Army recently implemented a new
    SHARP policy that grants additional SHARP victim services to Army
    civilian employees. If confirmed, I will assist Army leadership in
    supporting these EEO processes and victim services, and will emphasize
    the high priority to ensure support of all victims, including those
    within our civilian workforce.
                  identification of potential extremist views
        Question. Press reports document the involvement of a small number
    of active duty military personnel, retired military officers, members
    of the National Guard, and military veterans in events at the U.S.
    Capitol on January 6.
        In your view, are the Department's policies adequate to address,
    document, and track extremism in the Army, including in the Army
    civilian workforce?
        Answer. In my view, the Department's policies are adequate to
    address, document, and track extremist activities in the Army, but they
    can always be refined, particularly with respect to Civilian and
    Contractor employees. In my experience, the Army takes reports and
    indicators of extremism very seriously and has been proactive in
    reviewing its policies to counter extremism. I understand the Army
    takes an enterprise approach to counter extremism and other unwanted
    behaviors, including accessions screening, insider threat monitoring,
    suitability screening, and law enforcement programs. I am told that the
    Army also benefits from Department of Defense security clearance
    background investigations, expedited screening, and continuous
    evaluation process to detect and counter extremism in its ranks. If
    confirmed, I would review the current policies to identify any
    potential mechanisms to better enable the tracking of extremism
    activity within the Department.
        Question. What is your understanding of how the Army balances the
    need to identify and respond to potentially harmful extremist views
    held by soldiers and civilian employees against individual privacy and
    respect for the rights of soldiers and civilians to hold and express
    personal beliefs?
        Answer. In my view, public service as a uniformed or civilian
    member of the Army is a privilege. It begins by taking an Oath of
    Office, and comes with the responsibility to maintain public trust,
    safeguard sensitive information, and maintain good order and discipline
    within the ranks. While soldiers and civilian employees have a right to
    express personal beliefs and maintain individual privacy, these rights
    must be balanced against the special trust that public service demands.
    Extremist or dissident behaviors within the ranks are an existential
    threat to that trust and pose an unacceptable risk to military
    readiness. I believe the Army must balance individual rights against
    the need to maintain readiness and discipline by ensuring diligence and
    due process in investigations, conducting disciplinary processes that
    consider the unique facts of each case and focus on activities and
    behavior, and maintaining workplaces free of harassment, retaliation
    and reprisal.
        Question. Do you see a need for a change in this balance?
        Answer. No. My understanding is that the Army focuses on
    participation in extremist activities and not on beliefs. As such, I
    think the Army is properly striking the balance between soldier's and
    civilian's First Amendment rights, and the need to protect the morale,
    good order, and discipline of the force.
        Question. In your view, do current DOD and Army policies limit the
    ability to include information about an individual's extremist views in
    official records that may assist in the identification of potential
    insider threats? Please explain your answer.
        Answer. I am not aware of any specific DOD and Army policies that
    limit the documentation of information related to extremist views in
    official records when obtained in the conduct of a criminal
    investigation related to extremist activity, or in an administrative
    investigation for a violation of Army policy or regulations. However,
    if confirmed, I will determine if there are any such limitations and
    seek to address them as appropriate.
        Question. In your view, do current DOD and Army procedures hinder
    the ability to share this same type of information with other Federal
    and State agencies charged with identifying and monitoring potential
    extremist activities? Please explain your answer.
        Answer. I am not aware that any current DOD or Army procedures
    hinder the Army's ability to share information about criminal
    investigations of extremist activities with outside law enforcement
    agencies. The Army Criminal Investigation Division has assigned
    personnel to the National Joint Terrorism Task Force, the FBI Domestic
    Terrorism Operations Unit and the National Gang Intelligence Center to
    ensure information is rapidly shared among these law enforcement
    organizations. I understand that this system reinforces and enables the
    information sharing that occurs locally through the conduct of joint
    investigations between Army law enforcement and civilian law
    enforcement partners. However, if confirmed, I would assess whether
    there are barriers to information sharing related to extremist activity
    and if so, address how those might be overcome.
                           medical malpractice claims
        Question. Section 731 of the NDAA for fiscal year 2020 authorizes
    the Secretary of Defense to consider, settle, and pay claims against
    the United States for personal injury or death incident to the service
    of a member of the uniformed services that was the result of medical
    malpractice caused by a DOD health care provider.
        In your view, what should be the role of the Army General Counsel
    in adjudicating and approving claims under section 731?
        Answer. If confirmed, I will ensure that Army attorneys, both
    uniformed and civilian, are properly resourced and trained to support
    the implementation of the rules promulgated by the DOD. In my view, the
    Army General Counsel's role in adjudicating claims under section 731
    should be to ensure that Army attorneys making the initial
    determinations are trained and resourced to apply uniform standards of
    law and render sound decisions.
                   district of columbia national guard (dcng)
        Question. What is the role of the Secretary of the Army with
    respect to the DCNG?
        Answer. I understand that, since 1969, the President, through the
    Secretary of Defense, has delegated to the Secretary of the Army the
    authority to ``supervise, administer, and control'' the DCNG. The
    Secretary of the Army exercises command, through the Commanding General
    of the DCNG, over DCNG operations when it is operating in a militia
    status to aid civil authorities. When in a militia status (under Title
    32, U.S. Code), the Secretary of the Army is third in the chain of
    command of the DCNG after the President and the Secretary of Defense.
        The Secretary of the Army has broad authorities under Title 32,
    U.S. Code, over the DCNG including organization (32 U.S.C. Sec.  104b),
    inspections (32 U.S.C. Sec.  105), Federal recognition (32 U.S.C. Sec.
    301 and Sec.  307), enlistments (32 U.S.C. Sec.  302), and training (32
    U.S.C. Sec.  501).
        Question. How does the Army General Counsel assist the Secretary of
    the Army in executing this role, particularly as regards activating
    members of the DCNG in response to severe weather events, in support of
    National Security Special Events, and to address civil disturbances?
        Answer. It is my understanding that a request from the civil
    authorities of the District of Columbia, normally from the District of
    Columbia Homeland Security Emergency Management Agency (DCHSEMA), is
    transmitted directly to the DOD Executive Secretary who then transmits
    that request to the Army and the DC National Guard (DCNG). The DCNG is
    responsible for conducting a mission analysis to determine whether it
    can provide the requested support. If DCNG determines they can support
    the request, the Commanding General of the DCNG asks the Secretary of
    the Army to approve the support. I understand that attorneys in the
    Army's Office of the General Counsel work closely with DCNG legal
    advisors to determine the legality and parameters of the support
    requested. Army Office of General Counsel attorneys also coordinate
    with DOD General Counsel attorneys and the office of the Deputy
    Attorney General (DAG) in the Department of Justice for the support
    requested, because the DAG must concur with any request for civil
    support. For National Special Security Events or other Federal requests
    for support, it is my understanding that these are treated differently
    and typically are communicated from the Federal agency requesting
    support directly to the Department of Defense and not the Secretary of
    the Army and there is also no DAG coordination requirement for Federal
    requests for support.
        Question. What is the role of the Secretary of the Army with
    respect to National Guard from other States in a Title 32 status who
    are called in to augment the DCNG?
        Answer. I understand that the Secretary of the Army does not have
    direct authority with respect to out-of-State National Guard forces who
    are mobilized to augment the DCNG, however, she may exercise tasking
    authority through the DCNG Commanding General. I further understand
    that the Secretary of Defense may designate the Secretary of the Army
    to oversee and coordinate the mission performed by these augmenting
    National Guard forces.
        Question. How does the Army General Counsel assist the Secretary of
    the Army in executing this role?
        Answer. The Army General Counsel provides legal advice to the
    Secretary of the Army, working closely with attorneys from the Joint
    Chiefs of Staff, the DOD Office of the General Counsel, the National
    Guard Bureau Office of the General Counsel and the Department of
    Justice.
                      juvenile problematic sexual behavior
        Question. A 2018 media expose asserted that the U.S. military
    frequently fails to ``protect or provide justice to'' the children of
    servicemembers who are sexually assaulted by other children on a
    military installation.
        What actions has the Army taken to regularize policies and programs
    for responding to, investigating, adjudicating, and documenting
    allegations of juvenile problematic sexual behavior on Army
    installations?
        Answer. I am generally aware that the Army recently published an
    Army directive that requires Installation Commanders to ensure the
    investigation of major juvenile misconduct. I understand the directive
    also requires the referral of allegations of problematic sexual
    behavior of children and youth to Family Advocacy for assessment,
    treatment, and victim assistance. The most serious cases may be
    referred to civilian authorities for further investigation or
    appropriate disposition. I am also aware that CID has updated its
    policy to require that all investigative personnel properly document
    CID's notifications to installation commanders and civilian legal
    authorities. If confirmed, I intend to gain a more thorough
    understanding of the Army's policies and programs in this important
    area.
        Question. How does the Army ensure that the victims of juvenile
    problematic sexual behavior receive the care, treatment, support, and
    advocacy services they need?
        Answer. I understand that the Army has recently published a new
    policy on problematic sexual behavior in children and youth. The policy
    requires Army installations to respond to each report of such behavior
    and establish multi-disciplinary teams to address safety, medical, and
    behavioral health of the children, youth, and families involved. I
    understand that the policy also requires the Army to provide trauma-
    informed assessment, care, support, rehabilitation, and treatment to
    eligible beneficiaries impacted by this behavior. The policy also
    requires the Army to provide appropriate resource and referral
    information to persons who are not eligible beneficiaries, but who are
    affected by these incidents reported to the Army.
        Question. In your view, does the Army have a mechanism to hold
    accountable, as appropriate, and provide treatment to juveniles who
    engage in problematic sexual behavior?
        Answer. Yes. My understanding is that Army policy requires the
    investigation of each case of major juvenile misconduct and provides
    mechanisms to hold those juveniles who engage in problematic sexual
    behavior accountable. The most serious cases may warrant referral to
    the appropriate civilian authority for further investigation or
    appropriate disposition.
        Regarding treatment, I understand that Army policy requires that
    the Army provide trauma-informed assessment, care, support,
    rehabilitation, and treatment to eligible beneficiaries who are
    affected by this behavior. I also understand the policy requires the
    Army to provide appropriate resource and referral information to
    persons who are not eligible beneficiaries, but who are affected by
    these incidents. If confirmed, I intend to review these mechanisms for
    accountability and treatment.
        Question. In your view, is retrocession of jurisdiction over
    juvenile offenses committed on Army installations, to the State or
    territory in which that installation is located, the most effective way
    to ensure the accountability of juveniles who engage in acts of
    delinquency, including problematic sexual behavior? Please explain your
    answer.
        Answer. I understand that retrocession is a lengthy process and a
    State may decline it or, after obtaining jurisdiction, decline to
    accept a referral. In my view, the most effective way to ensure the
    accountability of juveniles who engage in acts of delinquency, which
    may include problematic sexual behavior, is to ensure that each
    allegation of misconduct is investigated, reviewed by the command for
    appropriate action, and if appropriate, referred to the controlling
    civilian authority to determine disposition.
        Question. Does the Army require any additional authorities to
    establish and maintain the centralized data base on child and youth
    problematic sexual behavior required by section 1089 of the John S.
    McCain NDAA for fiscal year 2019?
        Answer. At this time, I am not aware that additional authorities
    are required and I understand that the Army is working closely with the
    Department of Defense to implement this data system, which will aid in
    tracking this important information. If confirmed, I would want to
    ensure that the Office of General Counsel assists key stakeholders in
    the implementation of this legal requirement.
                            whistleblower protection
        Question. Section 1034 of title 10, U.S. Code, prohibits taking or
    threatening to take an unfavorable personnel action against a member of
    the armed forces in retaliation for making a protected communication.
    Section 2302 of title 5, U.S. Code, provides similar protections to
    Federal civilian employees.
        If confirmed, what role would you perform in ensuring that soldiers
    and civilian employees of the Department of the Army who report fraud,
    waste, and abuse, or gross mismanagement are protected from reprisal
    and retaliation, including from the very highest levels of the Army,
    DOD, and the executive branch?
        Answer. The law prohibits taking or threatening to take an
    unfavorable personnel action against an individual in retaliation for
    making a protected disclosure. I understand that for reprisal
    allegations from military personnel, the Department of Defense (DoD)
    Inspector General investigates or oversees such investigations
    undertaken by DOD Component IG offices, and forwards to the Service
    Secretary investigation outcomes for appropriate action. If confirmed,
    I would be responsible for advising the Secretary of the Army on such
    investigations.
        Regarding civilian employee allegations of whistleblower reprisal,
    if confirmed, I would monitor the Army's program and investigation
    processes. These processes include referrals from the Office of Special
    Counsel and the Office of the Inspector General, as well as non-
    referral allegations such as an employee raising the matter within his
    or her management chain. If confirmed, I would ensure that the Army has
    in place effective programs and processes to protect our military and
    civilian personnel from reprisal and provides for avenues of relief. I
    would support taking appropriate corrective action in substantiated
    cases.
        Question. What role does the Army General Counsel play in ensuring
    compliance with Office of Special Counsel requests to the Army for
    investigations, and in ensuring the legal sufficiency of any such
    investigation the Army conducts?
        Answer. It is my understanding that the Army General Counsel is
    responsible for providing overall guidance on all issues concerning the
    Army's cooperation with the Office of Special Counsel (OSC). This
    primarily relates to investigation of alleged prohibited personnel
    practices and allegations of improper or illegal conduct. If confirmed,
    I would ensure that the Office of the General Counsel has a robust
    program in place to facilitate this mission. This includes: rapid relay
    of referrals to commanders in the field and their servicing legal
    advisors; informal Office of the General Counsel coordination with both
    servicing legal advisors and OSC attorneys throughout the process of a
    given investigation; and prioritized Office of the General Counsel
    review of such investigations prior to final action.
                     support to the army inspector general
        Question. What is the relationship between the Army General Counsel
    and the Army Inspector General?
        Answer. I believe that as members of the Army Secretariat, the
    General Counsel and the Inspector General should have a strong working
    relationship to help the Secretary of the Army identify, investigate,
    and resolve important matters impacting the service. These include
    individual misconduct by senior officials, systemic non-compliance with
    law and regulation, or any other matter of sufficient magnitude. The
    Inspector General furthers this mission by being the eyes, ears, and
    voice of the Secretary through inspections, assistance, investigations,
    and teaching and training functions. I believe the Army General Counsel
    facilitates this mission by ensuring that the Office of the General
    Counsel stands ready to provide legal advice regarding these processes.
        Question. In your view, what role, if any, should the Army General
    Counsel have in reviewing and rendering opinions on the legal
    sufficiency of the investigations and recommendations of the Army
    Inspector General?
        Answer. In my view, the role of the Office of the General Counsel
    in reviewing and rendering opinions on the legal sufficiency of
    investigations and recommendations of the Army Inspector General is
    appropriately limited to cases with substantiated findings regarding
    senior officials or otherwise brought to the attention of the General
    Counsel. I am told attorneys assigned to the Office of the Army
    Inspector General provide legal sufficiency reviews for all
    investigations that the Inspector General conducts involving senior
    officials, both military and civilian. As these investigations can have
    significant impacts on senior members of the Army, the Army General
    Counsel has an interest, on behalf of the Secretary, to ensure the
    sufficiency of the investigations.
                litigation involving the department of the army
        Question. What is your understanding of the relationship between
    the Department of the Army and the Department of Justice with respect
    to litigation involving the Army?
        Answer. I understand that the Department of Justice (DOJ), under
    the direction of the Attorney General, has the responsibility to
    represent the Department of the Army and its officers in civil
    litigation. However, I understand that DOJ requires the assistance of
    Army attorneys to defend litigation involving the Army, and throughout
    the course of the litigation Army attorneys work with DOJ attorneys to
    ensure the Army's interests are represented by collaborating on
    litigation strategy and defenses. If confirmed, I would continue to
    work collaboratively with The Judge Advocate General and the Department
    of Justice to protect the Army's interests in litigation.
        Question. In your view, should the Department of the Army have the
    independence and resources to conduct its own litigation?
        Answer. I understand that the Judge Advocate General's Litigation
    Division has a strong, longstanding, and collaborative relationship
    with the Department of Justice. If confirmed, I will work with The
    Judge Advocate General to ensure this working relationship endures, and
    that the Army has the litigation resources necessary to properly
    protect the Army's equities and interests.
        Question. If confirmed, what factors would you consider in
    determining whether official Department of the Army information should
    be released in litigation? How would your analysis of Touhy requests
    differ in cases in which the United States or the Army is a party as
    compared to cases in which the United States or the Army is not a
    party?
        Answer. I understand that when the Department of the Army is a
    party to litigation, it complies with the Federal Rules of Civil
    Procedure and provides information in discovery, as would any other
    party. I further understand that the Department of the Army regulation
    that implements Touhy applies only to litigation in which the Army is
    not a party and where official information is requested. When the Army
    is not a party and does have an interest in the litigation, I
    understand that the Army's policy is to make official information
    reasonably available in litigation in an impartial manner by providing
    equal access to official information and fact witnesses (but not expert
    or opinion witnesses) to litigants. If confirmed, I would collaborate
    with The Judge Advocate General, in coordination with the Department of
    Defense General Counsel and the Department of Justice, to ensure the
    Army's approach is consistent with other agencies' approaches to this
    issue.
        Question. How is the authority to waive attorney/client privilege
    allocated within the Department of the Army? If confirmed, would you
    make any changes to this allocation of authority or to policies
    governing the release of information potentially subject to the
    privilege?
        Answer. I understand that by Army regulation, the authority to
    waive attorney/client privilege belongs to the responsible official
    acting for the Army on a given matter. For example, when the Office of
    General Counsel provides legal advice to an Assistant Secretary of the
    Army on a matter within his or her purview, waiver of the privilege on
    this matter belongs to that Assistant Secretary. A more senior
    authority may overrule a subordinate official's decision on waiving or
    invoking the privilege. The Secretary of the Army is the ultimate
    responsible official for invoking and waiving the privilege.
        If confirmed, I do not anticipate changing the current allocation
    of authority for this privilege. Army regulations currently scope the
    privilege authority properly so that decisionmaking occurs at a
    reasonable level. I would, however, keep an open mind if circumstances
    warrant a potential modification to the current structure.
        Question. If confirmed, what factors would you consider in
    approving a request for the representation of an Army official or
    employee by Department of Justice attorneys or by private counsel
    furnished by the Department, in civil, criminal, or congressional
    proceedings in which an Army employee is sued, subpoenaed, or charged
    in their individual capacity?
        Answer. I am aware that the Attorney General has the authority to
    approve representation by the Department of Justice, or by private
    counsel furnished by the Department of Justice. It is my understanding
    that Army attorneys use the factors outlined in applicable implementing
    regulation as the framework to analyze whether individual
    representation is appropriate and warranted when making a
    recommendation to the Department of Justice. Specifically, those
    factors are: (1) whether the official or employee was acting within the
    scope of employment at the time of the incident, and (2) whether
    representation is in the best interest of the Army. If confirmed, I
    intend to follow the current policy in coordination with the Department
    of Defense and the Department of Justice.
                          the army civilian workforce
        Question. In your judgment, what is the biggest challenge facing
    the Army in effectively and efficiently managing its civilian
    workforce?
        Answer. I am informed, the biggest challenge facing the Army in
    managing its civilian workforce is ensuring sustained access to high-
    demand talent such as engineers, scientists, software coders,
    cybersecurity analysts, data scientists, and other technical positions.
    I believe the Army, now more than ever, has a significant demand for
    these skills to meet current and future mission and readiness
    requirements. If confirmed, I would support policies that allow the
    Department to quickly and efficiently acquire, develop, employ, and
    retain a sustainable bench of top talent possessing current and
    emerging high demand skill sets.
        Question. Would there be value, in your view, to establishing a
    unified DOD civilian workforce, as opposed to separate civilian
    workforces segregated by DOD Component? Please explain your answer.
        Answer. It is my understanding the DOD civilian workforce is
    diverse across a number of mission sets that are specific to each DOD
    Component. In my view, there is value in recognizing both the unique
    mission of the Army and how Army civilians support that mission and
    Army readiness.
        However, it is also my understanding that there are multiple
    civilian personnel systems and authorities that are applied across the
    DOD civilian workforce, which create complexities in each Component
    being managed. If confirmed, I would support further review and
    analysis of the benefits of establishing a unified civilian personnel
    system, with streamlined authorities.
        Question. It is not uncommon for contractor employees--particularly
    those contracted to provide knowledge-based or administrative
    services--to work in the same offices, serve on the same projects and
    task forces, and perform many of the same functions as Department of
    the Army military personnel and civilian employees.
        In your view, does the Department of the Army have in place
    adequate processes to ensure that contractor employees do not perform
    inherently governmental functions and that contractor performance of
    ``closely associated'' and critical government functions is minimized?
    Please explain your answer.
        Answer. Yes, my understanding is that there is an adequate process
    in place for ensuring that the Army does not contract for inherently
    governmental functions. I understand that functions currently performed
    by contractors are reviewed at every iteration or logical inflection
    point of a contract to ensure that requiring activities are not
    entering into inappropriate or unauthorized personal services contracts
    or those involving inherently governmental functions.
                            congressional oversight
        Question. In order to exercise legislative and oversight
    responsibilities, it is important that this committee, its
    subcommittees, and other appropriate committees of Congress receive
    timely testimony, briefings, reports, records--including documents and
    electronic communications, and other information from the executive
    branch.
        Do you agree, without qualification, if confirmed, and on request,
    to appear and testify before this committee, its subcommittees, and
    other appropriate committees of Congress? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    provide this committee, its subcommittees, other appropriate committees
    of Congress, and their respective staffs such witnesses and briefers,
    briefings, reports, records--including documents and electronic
    communications, and other information, as may be requested of you, and
    to do so in a timely manner? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    consult with this committee, its subcommittees, other appropriate
    committees of Congress, and their respective staffs, regarding your
    basis for any delay or denial in providing testimony, briefings,
    reports, records--including documents and electronic communications,
    and other information requested of you? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    keep this committee, its subcommittees, other appropriate committees of
    Congress, and their respective staffs apprised of new information that
    materially impacts the accuracy of testimony, briefings, reports,
    records--including documents and electronic communications, and other
    information you or your organization previously provided? Please answer
    yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, and on
    request, to provide this committee and its subcommittees with records
    and other information within their oversight jurisdiction, even absent
    a formal Committee request? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    respond timely to letters to, and/or inquiries and other requests of
    you or your organization from individual Senators who are members of
    this committee? Please answer yes or no.
        Answer. Yes.
        Question. Do you agree, without qualification, if confirmed, to
    ensure that you and other members of your organization protect from
    retaliation any military member, Federal employee, or contractor
    employee who testifies before, or communicates with this committee, its
    subcommittees, and any other appropriate committee of Congress? Please
    answer yes or no.
        Answer. Yes.
                                     ______

        [Questions for the record with answers supplied follow:]

                 Questions Submitted by Senator Mazie K. Hirono
         oversight of senior dod officials - sexual assault and sexual
                                   harassment
        1. Senator Hirono. Ms. Ricci, as part of my responsibility as a
    member of the Senate Armed Services Committee and to ensure the fitness
    of nominees for appointment to senior positions within the Department
    of Defense (DOD), I ask the same two questions that I ask nominees to
    all of the committees on which I serve. Since you became a legal adult,
    have you ever made unwanted requests for sexual favors, or committed
    any verbal or physical harassment or assault of a sexual nature?
        Ms. Ricci. No.

        2. Senator Hirono. Ms. Ricci, have you ever faced discipline, or
    entered into a settlement related to this kind of conduct?
        Ms. Ricci. No.
                    renewal of hawaii's training land leases
        3. Senator Hirono. Ms. Ricci, the Army is negotiating renewals for
    several training area land leases in Hawaii that are set to expire in
    2029, including the Pohakuloa Training Area (PTA), which is critical to
    joint and partner nation military readiness. It's important for the
    Army to conduct respectful engagement with local community leaders,
    especially the Native Hawaiian population. If confirmed, how would you
    go about ensuring these leases are negotiated fairly and respectfully
    with leaders in Hawaii?
        Ms. Ricci. I understand that the Army continues to engage with
    State leaders, the Native Hawaiian population, and other local leaders
    as it seeks to retain the leased military training areas in Hawaii. In
    my experience, this dialog is vital, as it promotes a relationship of
    trust and credibility and clarifies misunderstandings. If confirmed, I
    will work to ensure that the Army continues such efforts throughout the
    process, that the Army remains committed to negotiating openly and
    honestly to reach fair and equitable terms with the State of Hawaii,
    and that my team provides the Department timely legal advice throughout
    the process.
    implementing sexual assault and harassment independent review committee
           recommendations-strongly supporting sec austins leg prop.
        4. Senator Hirono. Ms. Ricci, if confirmed, you both will have
    important roles in the implementation of the Sexual Assault and
    Harassment Independent Review Committee (IRC) Report recommendations. I
    am concerned about Secretary of Defense Lloyd Austin's tentative
    timeline for implementation, which in some cases goes out to 2028 or
    later. If confirmed, how do each of you plan to support the
    Department's efforts to implement the IRC recommendations?
        Ms. Ricci. In my view, the Secretary of Defense has appropriately
    prioritized the prevention of sexual assault, sexual harassment, gender
    discrimination, and associated retaliation within the Department of
    Defense (DoD), and I strongly support DOD's legislative proposal on
    military justice reform. I understand that the majority of Independent
    Review Commission (IRC) recommendations will be implemented within the
    next one to 4 years. The DOD IRC implementation timeline is scheduled
    in tiers because some recommendations must build on the work done in
    prior tiers. If confirmed, I will actively support Army leadership in
    executing the DOD implementation of the IRC's recommendations in a
    thoughtful, deliberate, and timely manner designed to ensure a focus on
    prevention while providing victims with compassionate care and support.

        5. Senator Hirono. Ms. Ricci, do you have any ideas that might help
    to speed up the implementation process?
        Ms. Ricci. Based on my understanding, the Secretary of Defense is
    acting expeditiously. Some of the recommendations prescribe
    considerable changes to existing policies and organizational
    constructs, requiring significant time to implement across the
    Department of Defense and the Army. If confirmed, I intend to support
    the Secretary of the Army and the Army's leadership in executing the
    recommendations of the Independent Review Commission and the decisions
    of the Secretary of Defense as quickly as possible while ensuring
    victims of sexual assault, sexual harassment, gender discrimination,
    and associated retaliation receive prompt, professional, and
    compassionate care.
                                   __________
                 Questions Submitted by Senator Gary C. Peters
              high mobility multipurpose wheeled vehicle rollovers
        6. Senator Peters. Ms. Ricci, the Government Accountability Office
    (GAO) released a report in July detailing actions the Army should take
    to prevent and mitigate training accidents in tactical vehicles. The
    Army can do more to prevent High Mobility Multipurpose Wheeled Vehicle
    (HMMWV) rollover fatalities, as these were involved in more reported
    accidents than any other type of tactical vehicle. I am concerned that
    this vital issue is not being taken seriously. I have asked the Army to
    ensure it fully funds the HMMWV rollover mitigation program and was
    able to secure language in this year's NDAA calling on the Army develop
    a plan to retrofit all of its HMMWVs with rollover prevention kits.
        As General Counsel, would you advise the Army to install proven
    rollover mitigation safety measures on legacy vehicles that they will
    continue to use in the fleet for the next 20 years?
        Ms. Ricci. Generally speaking, if confirmed, I would support
    acquisitions that enhance Soldier safety. While I am not familiar with
    the details of the Army's installation of rollover mitigation measures
    on legacy vehicles, including the HMMWV, it is my understanding that
    the Army is committed to equipping all HMMWVs with Anti-lock Brake
    System/Electronic Stability Control (ABS/ESC) kits as quickly as
    fiscally possible. If confirmed, I would become familiar with the
    details of the HMMWV rollover mitigation program and appropriately
    advise the Secretary of the Army and the Assistant Secretary of the
    Army for Acquisition, Logistics, and Technology on this matter.

        7. Senator Peters. Ms. Ricci, in your legal opinion, is it a
    liability to the Army if it does not take action to prevent accidents
    when a proven and fielded HMMWV rollover solution exists?
        Ms. Ricci. I am not presently familiar with the GAO report
    referenced in the previous question or the details of the HMMWV
    mitigation program. As such, it would be inappropriate to offer a
    definitive legal view at this time. As a general matter, it is
    important, from both a liability and Soldier safety standpoint, for
    Army leaders to implement all reasonable safety measures. If confirmed,
    I would become familiar with the details of the HMMWV rollover
    mitigation program and appropriately advise the Secretary of the Army
    and the Assistant Secretary of the Army for Acquisition, Logistics, and
    Technology on this matter.
                                   __________
                Questions Submitted by Senator Marsha Blackburn
                           sexual assault in the army
        8. Senator Blackburn. Ms. Ricci, if confirmed, how specifically
    would you address prevention of sexual assault and harassment in the
    Army?
        Ms. Ricci. Based on my experience, I believe the prevention of
    sexual assault, sexual harassment, gender discrimination and associated
    retaliation in the Army starts with commanders. These leaders are
    responsible and accountable for setting the conditions and enforcing
    the standards that lead to healthy organizational climates. If
    confirmed, I will advise the Army's leadership to continue their
    efforts to prevent these harmful behaviors through the implementation
    of the recommendations from both the Fort Hood Independent Review
    Committee and 90-Day Independent Review Commission. In addition, if
    confirmed, I will ensure that the Office of General Counsel provides
    sound and timely legal advice regarding efforts to prevent sexual
    assault and harassment in the Army. Finally, if confirmed, I will
    support, and provide advice regarding continued Army investments in
    research on culture, climate, and unit cohesion to advance a holistic
    prevention approach.

        9. Senator Blackburn. Ms. Ricci, do you believe that giving
    prosecutorial decisions on sexual assault, domestic violence, most
    crimes against children, and other special victim related offenses to
    independent military prosecutors will address the prevention of sexual
    assault and harassment in the Army?
        Ms. Ricci. I understand the Department of Defense continues to
    provide technical assistance to Congress on proposed legislation to
    remove commanders from making prosecution decisions on cases involving
    special victims, and other offenses as defined by the proposed
    legislation. I strongly support the legislative proposal submitted by
    the Department to enact military justice reform that will enable
    specialized, independent special victim prosecutors who report to the
    Secretary of each Service, to make decisions on these complex cases. In
    my view, while accountability is essential, it is not the whole
    solution. The Army must continue its prevention efforts through the
    implementation of the recommendations of both the Fort Hood Independent
    Review Committee and the Department of Defense Independent Review
    Commission, and through the Army's People First Task Force, to build a
    stronger culture and ensure a safe environment that decreases the
    prevalence of sexual assault, sexual harassment, and other corrosive
    behaviors. If confirmed, I look forward to assisting the Secretary and
    the Army's leadership in striving to prevent sexual assault and sexual
    harassment in the Army.
                      department of the army covid policy
        10. Senator Blackburn. Ms. Ricci, based on the guidance outlined in
    Army Regulation 600-20, 40-562 as well as the new Army Directive 2021-
    33, what is your understanding of least favorable discharge and
    characterization of service a soldier can receive for refusing the
    COVID-19 vaccine?
        Ms. Ricci. I understand the Army is currently in the initial
    implementation phase of the COVID-19 vaccine policy. In this initial
    phase, commanders are not authorized to initiate separation proceedings
    based solely on a Soldier's refusal to receive the vaccine. I am
    informed that, upon transition to the next phase, commanders, at a
    minimum, will initiate an administrative separation action against
    Soldiers who, without a pending or approved exemption, refuse
    vaccination. I understand that the Army's regulatory due processes
    would apply to these administrative separation proceedings, and
    initiation of separation proceedings does not necessitate actual
    separation. Based on my experience with Army administrative
    separations, Soldiers can be discharged with uncharacterized service
    (for entry-level separations), or be assigned a characterization of
    service of honorable, general, or other than honorable. If confirmed, I
    will ensure that the Office of General Counsel provides robust legal
    advice regarding the Army's implementation of the Department of Defense
    vaccine policy.

        11. Senator Blackburn. Ms. Ricci, what is the Army's authoritative
    document regarding the vaccination requirements, timelines, and
    exemption procedures for civilian personnel? Please include references
    for both contractors and GS [general schedule] employees.
        Ms. Ricci. I am aware that Executive Order (EO) 14043, ``Requiring
    Coronavirus Disease 2019 Vaccination for Federal Employees,'' applies
    to all Federal employees, and Executive Order 14042, ``Ensuring
    Adequate COVID Safety Protocols for Federal Contractors,'' applies to
    all Federal contractors. These are the authoritative documents
    regarding the vaccination of Federal civilian employees and contractors
    of the Department of Defense (DoD) and the Army. Subsequent to the
    issuance of EOs 14042 and 14043, the Department of Defense issued
    ``Force Health Protection Guidance (Supplement 23) Revision 2--
    Department of Defense Guidance for Coronavirus Disease 2019 Vaccination
    Attestation, Screening Testing, and Vaccination Verification,'' which
    provides guidance regarding COVID-19 vaccine attestation and screening
    testing for unvaccinated personnel. It also provides updated guidance
    for implementing force health protection and workplace safety measures
    directed by the White House Safer Federal Workforce Task Force to
    reduce transmission of the virus that causes coronavirus disease 2019
    (COVID-19). Additionally, I anticipate that the Secretary of the Army
    will issue guidance that implements the EOs and applicable DOD
    guidance. These documents, taken together, would provide the authority,
    timelines, and exemption procedures for civilian personnel. If
    confirmed as General Counsel, my role would be to ensure that the Army
    guidance complies with the applicable law, Executive Orders, and DOD
    policy.

        12. Senator Blackburn. Ms. Ricci, what is the protocol for
    personnel, originating from the other military branches, who are
    assigned to Army commands and refuse the vaccine?
        Ms. Ricci. I am informed that the Army's current policies
    implementing the COVID-19 mandate do not address this specific issue.
    In my experience, in situations like this, commands ordinarily follow
    any applicable agreements between the Services and, if no agreement is
    in place, coordinate directly with the parent Service.

        13. Senator Blackburn. Ms. Ricci, how will the Army address foreign
    military personnel--such as those studying U.S. professional military
    education courses--if they refuse the vaccine for religious reasons?
        Ms. Ricci. Whether vaccination requirements should apply to foreign
    military personnel is an issue that I would need to examine further. In
    my view, religious exemptions should be considered on a case-by-case
    basis and initiated by an appropriate request from the foreign military
    service member through their partner nation military service.
                                     ______

        [The nomination reference of Ms. Carrie F. Ricci, follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The biographical sketch of Ms. Carrie F. Ricci, which was
    transmitted to the Committee at the time the nomination was
    referred, follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The Committee on Armed Services requires all individuals
    nominated from civilian life by the President to positions
    requiring the advice and consent of the Senate to complete a
    form that details the biographical, financial, and other
    information of the nominee. The form executed by Ms. Carrie F.
    Ricci in connection with her nomination follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nominee responded to Parts B-F of the committee
    questionnaire. The text of the questionnaire is set forth in
    the Appendix to this volume. The nominee's answers to Parts B-F
    are contained in the committee's executive files.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     ______

        [The nomination of Ms. Carrie F. Ricci was reported to the
    Senate by Chairman Reed on December 8, 2021, with the
    recommendation that the nomination be confirmed. The nomination
    was confirmed by the Senate on December 14, 2021.]

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