[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]
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[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]
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[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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