U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

55–981 PDF 2010

S. HRG. 111–507 

NOMINATIONS TO THE 

DEPARTMENT OF HOMELAND SECURITY, 

THE DEPARTMENT OF COMMERCE, AND NASA 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

OCTOBER 15, 2009 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas, Ranking 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN L. DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE H. ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN M. HENDRICKS, Republican Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on October 15, 2009 .......................................................................... 1 

Statement of Senator Rockefeller ........................................................................... 1 

Statement of Senator Hutchison ............................................................................ 2 

Prepared statement .......................................................................................... 3 

Statement of Senator Cantwell .............................................................................. 4 

Statement of Senator Udall .................................................................................... 27 

Statement of Senator LeMieux ............................................................................... 29 

Statement of Senator Thune ................................................................................... 30 

WITNESSES

Erroll G. Southers, Assistant Secretary-Designate, Transportation Security 

Administration, U.S. Department of Homeland Security ................................. 5 

Prepared statement .......................................................................................... 7 

Biographical information ................................................................................. 9 

Patrick Gallagher, Ph.D., Director-Designate, National Institute of Standards 

and Technology, U.S. Department of Commerce ............................................... 35 

Prepared statement .......................................................................................... 37 

Biographical information ................................................................................. 38 

Elizabeth (Beth) Robinson, Ph.D., Chief Financial Officer-Designate, National 

Aeronautics and Space Administration .............................................................. 45 

Prepared statement .......................................................................................... 46 

Biographical information ................................................................................. 47 

Paul Martin, Inspector General-Designate, National Aeronautics and Space 

Administration ..................................................................................................... 54 

Prepared statement .......................................................................................... 55 

Biographical information ................................................................................. 56 

APPENDIX

Hon. Jane Harman, U.S. Representative from California, 36th District, prepared statement ................................................................................................... 69 

Response to written questions submitted to Elizabeth Robinson by: 

Hon. Tom Udall ................................................................................................ 69 

Hon. Kay Bailey Hutchison ............................................................................. 70 

Response to written questions submitted by Hon. Kay Bailey Hutchison to 

Paul Martin .......................................................................................................... 70 

Response to written questions submitted to Erroll G. Southers by: 

Hon. John D. Rockefeller IV ............................................................................ 71 

Hon. Bill Nelson ............................................................................................... 77 

Hon. Maria Cantwell ........................................................................................ 77 

Hon. Frank R. Lautenberg ............................................................................... 79 

Hon. Amy Klobuchar ........................................................................................ 80 

Hon. Tom Udall ................................................................................................ 81 

Hon. Mark Warner ........................................................................................... 82 

Hon. Mark Begich ............................................................................................. 83 

Hon. Kay Bailey Hutchison ............................................................................. 84 

Hon. Jim DeMint .............................................................................................. 86 

Hon. John Thune .............................................................................................. 86 

Hon. Roger Wicker ........................................................................................... 87 

Hon. Johnny Isakson ........................................................................................ 89 

Hon. Sam Brownback ....................................................................................... 91 

Response to written questions submitted to Dr. Patrick Gallagher by: 

Hon. John D. Rockefeller IV ............................................................................ 92 

Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison ..................... 93 

Page

IV 

Response to written questions submitted to Dr. Patrick Gallagher by—Continued 

Hon. Frank R. Lautenberg ............................................................................... 94 

Hon. Tom Udall ................................................................................................ 94 

Hon. Kay Bailey Hutchison ............................................................................. 97 

Hon. Olympia J. Snowe .................................................................................... 98 

Hon. David Vitter ............................................................................................. 98 

Letter, dated October 13, 2009, from Millage Peaks, Fire Chief—City of 

Los Angeles, California to Hon. John D. Rockefeller IV and Hon. Kay 

Bailey Hutchison .................................................................................................. 100 

Letter, dated October 2, 2009, from Clark Kent Ervin, Director, Homeland 

Security Program—The Aspen Institute to Hon. Kay Bailey Hutchison ........ 101 

Letter, dated October 14, 2009, from Donovan J. Leighton to Hon. John 

D. Rockefeller IV and Hon. Kay Bailey Hutchison ........................................... 103 

Letter, dated October 6, 2009, from Milind Tambe, Professor, Computer 

Science Department—University of Southern California to Hon. John D. 

Rockefeller IV and Hon. Kay Bailey Hutchison ................................................ 104 

Letter, dated September 28, 2009, from Scott M. Gordon, Court Commissioner—The Superior Court to Hon. Kay Bailey Hutchison ............................. 105 

Letter, dated October 7, 2009, from Barbara J. Nelson, UCLA Professor 

of Public Policy, Dean Emerita—UCLA School of Public Affairs to Hon. 

John D. Rockefeller IV and Hon. Kay Bailey Hutchison .................................. 107 

Letter, dated October 9, 2009, from Elliot Brandt, Western States Director— 

AIPAC to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison ........ 109 

Letter, dated October 7, 2009, from Jane Harman, Congresswoman—36th 

District, California, to Hon. John D. Rockefeller IV and Hon. Kay Bailey 

Hutchison .............................................................................................................. 110 

Letter, dated October 5, 2009, from Leroy D. Baca, Sheriff—County of Los 

Angeles to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison ...... 111 

Letter, dated October 5, 2009, from Stephen C. Hora, Director—CREATE, 

to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison .................... 113 

Letter, dated October 6, 2009, from Matthew E. Broderick, Brigadier General 

(Ret.), USMC, Former Director of Operations—Department of Homeland 

Security to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison ..... 114 

Letter, dated October 5, 2009, from Ronald L. Iden, Senior Vice President, 

Chief Security Officer—The Walt Disney Company to Hon. John D. Rockefeller IV and Hon. Kay Bailey Hutchison .......................................................... 115 

Letter, dated September 28, 2009, from James T. Butts, Jr., Deputy Executive 

Director, Airport Law Enforcement and Protection Services—Los Angeles 

World Airports to Hon. Kay Bailey Hutchison .................................................. 116 

Letter, dated October 14, 2009, from Jack H. Knott, Ph.D., C. Erwin and 

Ione L. Piper Dean, School of Policy, Planning and Development—University of Southern California to Hon. Joseph Liberman and Hon. John D. 

Rockefeller IV ....................................................................................................... 118 

(1) 

NOMINATIONS TO THE 

DEPARTMENT OF HOMELAND SECURITY, 

THE DEPARTMENT OF COMMERCE, AND NASA 

THURSDAY, OCTOBER 15, 2009 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 2:47 p.m. in room 

SR–253, Russell Senate Office Building, Hon. John D. Rockefeller 

IV, Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV, 

U.S. SENATOR FROM WEST VIRGINIA 

The CHAIRMAN. The hearing will come to order. I want to welcome and congratulate those who are going to be giving statements 

and being questioned today, and entering the eye of the storm. I 

think it’s very courageous, people who take positions like this and 

have to go through vetting and all kinds of waiting, and we’re 

going to have our hearing on such-and-such a day, and then all of 

a sudden it’s a week later and you’re saying: What’s going on here. 

We’re actually trying to be as nice as possible, as nice as Senators 

can be. 

We’re going to start with Erroll Southers, but we’re not going to 

just yet. So that cleared everybody. He will be the nominee to be 

Assistant Secretary of Transportation Security Administration of 

the U.S. Department of Homeland Security. I will just say, as if 

you were at the table, Mr. Southers, the Department’s going to 

need very strong and stable leadership in the coming years. I’ve expressed to you my own personal dissatisfaction with the—that’s 

fine, you stay there; I’m looking right at you—with the Department 

of Homeland Security, in a number of respects. I think it’s probably 

the most important agency because it has to do with homeland security. It’s also the least recognized. It always comes in after all 

those that are making TV, et cetera. 

TSA’s success is vital to our Nation’s transportation, to all the 

people who use it, and also, most importantly, to our Nation’s security. Should you be confirmed, I’m particularly interested in working with you and your colleagues to complete the Cargo and Surface Transportation Initiatives, to improve the security of general 

aviation—I want to talk about general aviation—and to discover 

and implement new technologies in commercial aviation security. 

So I look forward to your testimony. 

2 

Our second panel will feature Dr. Pat Gallagher, who is the 

President’s nominee to be Director of the National Institute of 

Standards and Technology. NIST, through its measurement, research, and calibration services, is essential to keeping our country 

strong and competitive, particularly in issues important to me, 

such as energy, climate change, and cybersecurity. 

You have served the organization well and honorably for many 

years and I know it remains in good hands with you at the helm. 

Finally, we welcome Beth Robinson, Dr. Beth Robinson, Dr. Elizabeth Robinson, the President’s nominee to be Chief Financial Officer at the National Aeronautics and Space Administration; and Mr. 

Paul Martin, nominated to be the Inspector General at the same 

organization. If confirmed, both of you will have your jobs cut out 

for you. NASA is a major agency, which is trailed around with a 

bit of public skepticism, as you well know, particularly on the question of fiscal responsibility, accountability, that kind of thing, which 

tends to be important. 

Dr. Robinson, it will be your job to stabilize the agency’s finances 

and, with your background, I’m confident you will make that happen. 

Meanwhile, the agency has gone without an effective inspector 

general for too long. I like IGs. I serve on the Intelligence Committee and I really like IGs. They can bring it down and they tend 

to be independent and they tend to say things which are the truth, 

which some of their bosses may not appreciate. But that’s the way 

we learn. 

I think that there’s a lot of waste, fraud, and abuse at NASA, 

and there is in Medicare, too. You’re not alone. So those are very 

big organizations and it all has to be attacked very aggressively. 

With respect to you, Mr. Martin—where’s Mr. Martin? OK, well, 

back there. I expect him to lead the effort, not only in cleaning up 

the Office of Inspector General, but, I also want him to oversee this 

multi-billion dollar agency, allocating its resources efficiently and 

using them effectively. 

So, thank you again for presenting yourself for public service. 

Many of you are already in it. All of your testimony will be, the 

full testimony, will be in the record, and then I have the honor to 

call on my colleague, Senator Kay Bailey Hutchison. 

STATEMENT OF HON. KAY BAILEY HUTCHISON, 

U.S. SENATOR FROM TEXAS 

Senator HUTCHISON. Thank you, Mr. Chairman. I’m very pleased 

to be here. I won’t reiterate the welcome that you have given to the 

four nominees, just to say that I have met with Mr. Southers in 

my office and I think that his experience in Los Angeles is certainly good experience for this job. I think it will be important to 

know his position on some of the key issues that might affect the 

Transportation Security Administration. 

This is an agency that many travelers depend on, and they have 

done an excellent job so far in protecting American travelers. But 

I think that we are looking at issues that might arise, and, one of 

course, would be the collective bargaining issue of the employees of 

this agency. We are always very careful when we have security 

forces and police officers and agents of all kinds who protect our 

3 

security that we always protect against striking that might harm 

the public or disrupt the traveling public. So, I will want to know 

from Mr. Southers what his views are on that. 

Certainly I think that I would have to say I hear from many 

stakeholder groups in TSA that—not in TSA, but who work with 

TSA—that maybe the cooperation between the stakeholders and 

the TSA could be improved. I would certainly want to hear more 

about that. 

Dr. Robinson, I don’t think anyone is skeptical about NASA. I 

think NASA is a great effort that this country has been committed 

to for a long time, and we just want to make sure that it is the 

best and that the financial reins that you will hold are used in a 

way that will make it as efficient as it can possibly be. 

But it is very constrained in its operations by a limited budget, 

and it’s hard to put a limit when you are exploring and trying to 

do the creative things and trying things sometimes that work and 

sometimes that don’t. So, I will certainly be interested in knowing 

how you will approach that job; and hearing from the Inspector 

General as well, Mr. Martin. 

Dr. Gallagher, for the Director of NIST, I will certainly look forward to hearing from you, and I appreciate all of you being willing 

to go through, as the Chairman said so well, the rigors of the vetting process to serve your country. So we appreciate that and we 

look forward to hearing more from you and having the ability to 

work with you as we go through this process. Thank you. 

Thank you, Mr. Chairman. 

[The prepared statement of Senator Hutchison follows:] 

PREPARED STATEMENT OF HON. KAY BAILEY HUTCHISON, U.S. SENATOR FROM TEXAS

Thank you, Chairman Rockefeller, for convening the hearing today to review these 

important nominations. We have several capable nominees to consider. 

On the first panel, we will consider Mr. Erroll Southers. Mr. Southers, we welcome you and appreciate your interest in being the next TSA Administrator. If confirmed, the job before you is extremely difficult and the decisions you make will 

have tremendous impact on the safety and economic viability of our national transportation system across all modes. 

The challenges and threat assessments our intelligence and security community 

face every day are too numerous to mention, but there are a number of initial topics 

I would like to briefly highlight. 

First is the issue of allowing transportation security officer’s (TSO), or screeners, 

to collectively bargain. While Federal law prohibits screeners from going on strike, 

former TSA Administrators have argued that allowing screeners to collectively bargain could have dire consequences on TSA’s fundamental security mission by degrading TSA’s need for a flexible workforce that can react quickly to emerging 

threats. How you specifically intend to address the collective bargaining issue will 

be of great interest to this Committee. 

Second, you are going to have to work very hard to re-establish a more cooperative and trusting relationship with industry across all modes. I repeatedly hear from 

constituents and stakeholder groups that TSA quickly turns a deaf ear to cooperation and partnerships with industry and too often uses blunt force in policy areas 

that need a more highly coordinated and agreed upon approach. 

Third, the day-to-day management challenges of running and leading an agency 

of over 50,000 people is a difficult task for any manager. I will be interested to hear 

your thoughts on how you intend, if confirmed, to lead and manage the agency. 

Congress and the traveling public put an enormous amount of trust in the TSA 

every day. The inherent need and economic implications of maintaining a safe and 

secure transportation system are an integral part of our national security. 

I would also like to welcome our other nominees, who will appear on the second 

panel. Dr. Elizabeth Robinson has been nominated for the position of Chief Financial Officer at NASA. This is a very important position at NASA, and one of the 

4 

keys to providing confidence in NASA’s financial management and effective use of 

taxpayer dollars in fulfilling its very complex and challenging mission. 

I am also pleased that a nominee for NASA Inspector General has been selected. 

Mr. Martin appears well qualified for this position, which can and should serve as 

an important resource for both NASA and for the Congress. 

NASA is challenged, as never before, with continuing to conduct its unique and 

vital missions in an environment of constrained resources. We have seen improvements in NASA’s financial management in recent years, and it is important that 

relatively recent new initiatives in financial management, accounting and reporting 

be continued, improved where necessary, and brought to fruition as new and effective financial policies and practices. Both Dr. Robinson and Mr. Martin hold impressive background experience to equip them well to undertake the challenges and responsibilities of these positions. 

I am also happy to welcome Dr. Patrick Gallagher, the nominee for the Director 

of the National Institute of Standards and Technology, here today. NIST is one of 

the key components to keeping America competitive. I believe that the Administration’s selection of a career employee with more than fifteen years of experience at 

NIST will strengthen the agency and help further advance the goals and missions 

of NIST. 

Mr. Chairman, thank you, I look forward to hearing from the nominees. 

The CHAIRMAN. Thank you, Senator Hutchison. 

Now I believe the distinguished Senator from the State of Washington has an introduction to make. 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. Thank you for 

holding this hearing, and Ranking Member Hutchison and other 

committee members. It is important to get these nominees into positions that can help us work on these important policy issues. 

I’m pleased to introduce today to the Committee, Dr. Elizabeth 

Robinson, the President’s nominee to be the Chief Financial Officer 

of NASA. We are very proud in the State of Washington that Dr. 

Robinson is a Washingtonian. While she has spent many years 

here in this Washington, she comes with great Pacific Northwest 

values. 

Currently Beth is the Director for Budget at the White House Office of Management and Budget, overseeing the development, enactment, and execution of President Obama’s annual budget request, and she is the most senior career official at OMB. I want to 

thank Beth for her public service to date and her willingness to 

take on another challenging assignment. 

Beth’s Washington State roots run deep and I know her family 

is with her here today and she’s going to introduce them. I know 

that there are others, her mother and brother and sister, who could 

not join us today in person, but are watching the hearing on 

streaming video back in Washington State. They should all be very 

proud of her as well. 

The CFO of a technology agency needs to be very well versed in 

both budgetary and financial matters, needs to recognize the role 

Congress plays and not feel threatened by it, but should have the 

capacity to understand enough of the agency’s technical issues to 

be able to ask the right questions. It’s hard to find people with both 

of those skill sets. 

After meeting Beth, I came away feeling that her unique experience and demeanor makes her a great fit to be NASA’s next CFO. 

I am genuinely impressed with her resume. I have always been a 

5 

strong advocate for women who pursue degrees in math and 

science, and the first thing I notice is that Beth earned her Ph.D. 

in geophysics from MIT. Her thesis was about numerical modeling 

of the interior of the Earth, with comparisons to satellite data. 

Without needing to know any of the details, it tells me right away 

she has the ability to help keep NASA’s program managers on their 

toes, and she understands numbers, but she also understands technology. 

But in addition, Dr. Robinson also understands the Hill. Having 

worked here for Representative Gephardt for several years, as a 

project director at the former Office of Technology Assessment, 

where she cut her teeth, and later for George Brown as a staff 

member of the House Science Committee, she has had great interaction with us and our colleagues. 

In the late 90s, Beth left the Hill to work at the Office of Management and Budget, and in 2003 she headed back to the Hill to 

serve as Deputy Director of the Congressional Budget Office. 

Among other duties, she oversaw the Management Division and reviewed signoff on all of its reports. After 2 years at CBO, Beth 

headed back to OMB to be the Assistant Director, where she remains today. 

So, if confirmed as the CFO of NASA, Beth will oversee the agency’s financial management, personnel activities and operations, and 

I consider her to be a really strong nominee. I hope my colleagues 

will vote her out of the Committee as soon as possible so we can 

get on with the important business that needs to be accomplished 

at NASA. 

I thank the Chairman for this opportunity to introduce Dr. Robinson and I look forward to working with her and the other nominees that are on the docket today. I thank the Chairman. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Dr. Robinson, if you can sort of trade places with Mr. Southers. 

Thank you very much, Senator Cantwell. 

Senator Udall, do you have to make an introduction right now? 

Senator UDALL. No. 

The CHAIRMAN. You don’t. 

Senator UDALL. No. I’m happy to do it in the order you have it 

set up, Mr. Chairman. 

The CHAIRMAN. All right. 

The floor is yours, Mr. Southers. We’re happy to see you. 

STATEMENT OF ERROLL G. SOUTHERS, 

ASSISTANT SECRETARY-DESIGNATE, 

TRANSPORTATION SECURITY ADMINISTRATION, 

U.S. DEPARTMENT OF HOMELAND SECURITY 

Mr. SOUTHERS. Thank you, Senator. Good afternoon, Chairman 

Rockefeller, Ranking Member Hutchison, and distinguished members of this Committee. It is a privilege to appear before you today 

as President Obama’s nominee to be Assistant Secretary of the Department of Homeland Security for the Transportation Security Administration. I am honored by the President’s nomination and 

greatly appreciate Secretary Napolitano’s support. 

I look forward to this opportunity to address your questions as 

you consider my nomination. With the Committee’s indulgence, I 

6 

would like to thank my parents, James and Thelma; my wife, 

Karen; and our children James and Maiya, for all their support 

during this process and throughout my career. I would also like to 

thank the fine men and women of the Los Angeles World Airports 

Police Department, some of whom traveled to join me here today. 

I share the Secretary’s vision that protecting our homeland from 

terrorism is a collective responsibility in which all Americans have 

a role to play. To protect our transportation systems, it is critical 

to work with all of our partners, including the other Federal agencies, State, local, and tribal governments, private industry, our 

international partners, and most important of all, our traveling 

public. 

By engaging these partners, we will more effectively protect the 

Nation’s vital transportation systems, to ensure the free flow of 

United States commerce and the free movement of the American 

people. 

If confirmed, I know the honor of leading TSA will come with 

great challenges and responsibilities. TSA was created to respond 

to the threat of terrorism following the tragic events of September 

11, 2001. I assure you that protecting our transportation systems 

from the ongoing threat of terrorism, while at the same time safeguarding the ability of all law-abiding citizens to travel freely, will 

remain my highest priority. 

I have worked on public safety and counterterrorism matters at 

the Federal, State, and local level for 30 years, and if confirmed, 

I look forward to bringing valuable experience and perspective to 

TSA. Since 2007, I have served as an Assistant Chief, commanding 

the Office of the Homeland Security and Intelligence for the Los 

Angeles World Airports Police Department, LAWA, the largest 

aviation law enforcement agency and explosive detection K9 unit in 

the United States. 

I understand well the challenges of securing the Los Angeles 

International Airport, one of the most complex airports in the 

United States, as well as general aviation airports in Palmdale, 

Ontario, and Van Nuys. And I fully recognize the importance of ensuring the security of surface transportation through a risk-based 

and intelligence-driven approach. 

Since 2006, I also have served as the Associate Director for the 

Center for Risk and Economic Analysis of Terrorism Events, CREATE, at the University of Southern California, the Nation’s first 

DHS center of excellence, where I developed the executive program 

in counterterrorism. This program is designed to challenge international counterterrorism leaders and enhance their analysis, coordination, and response capabilities. 

Protecting America against an ever-evolving threat requires an 

innovative and interdisciplinary approach to security. My experience with LAWA and CREATE has afforded me the opportunity to 

collaborate with my international counterparts and other world experts in sharing best practices to combat terrorism. If confirmed, 

I will continue to draw on these relationships to benefit TSA’s mission, understanding that a professional and effective workforce will 

help promote public confidence and lead to a more secure and resilient America. 

7 

Prior to joining the LAWA Police Department, I served as the 

Deputy Director of the California Office of Homeland Security for 

Governor Schwarzenegger. I was also responsible for post-9/11 

counterterrorism policy and protection of California’s critical infrastructure. While serving in this capacity, I also had the opportunity 

to participate in the national working group responsible for developing the national infrastructure protection plan. 

Secretary Napolitano has emphasized a ground-up approach to 

homeland security, an approach which epitomizes my professional 

development. During my career I have served as a special agent 

with the Federal Bureau of Investigation. There I worked on foreign counterintelligence and terrorism investigations and served as 

a member of the Bureau’s SWAT team. I began my law enforcement career as a police officer for the Santa Monica, California, Police Department and I have been a faculty member and tactical officer at the Rio Hondo Police Academy. 

If confirmed, I am committed to providing the TSA workforce 

with the necessary leadership and support to ensure TSA’s ability 

to protect the American public. I witnessed the great work of the 

transportation security officers every day and know firsthand the 

challenges they face to protect our aviation system. I admire their 

professionalism and dedication and would be honored to serve as 

their Assistant Secretary. 

In closing, I have enjoyed the opportunity to meet with members 

of the Committee and your staffs over the past few weeks. I am 

fully aware that this committee had a leading role in creating TSA. 

I welcome this committee’s expertise and partnership. If confirmed, 

I look forward to working closely with each of you to support TSA’s 

mission. You have my commitment that I will work to strengthen 

TSA’s ability to counter the terrorist threat to our transportation 

systems while also safeguarding and enhancing the travel of people 

and the flow of goods. 

Mr. Chairman, Ranking Member Hutchison, I thank you for the 

opportunity to appear before you today and I look forward to answering your questions. 

[The prepared statement and biographical information of Mr. 

Southers follows:] 

PREPARED STATEMENT OF ERROLL G. SOUTHERS, ASSISTANT SECRETARY-DESIGNATE, 

TRANSPORTATION SECURITY ADMINISTRATION, U.S. DEPARTMENT OF HOMELAND

SECURITY

Good afternoon, Chairman Rockefeller, Ranking Member Hutchison, and distinguished members of this Committee. It is a privilege to appear before you today as 

President Obama’s nominee to be Assistant Secretary of the Department of Homeland Security (DHS) for the Transportation Security Administration (TSA). I am 

honored by the President’s nomination and greatly appreciate Secretary 

Napolitano’s support. I look forward to this opportunity to address your questions 

as you consider my nomination. 

With the Committee’s indulgence, I would like to thank my parents, James and 

Thelma; my wife, Caryn; and our children, James and Maia, for all their support 

during this process and throughout my career. I would also like to thank the fine 

men and women of the Los Angeles World Airports Police Department, some of 

whom traveled to join me here today. 

I share the Secretary’s vision that protecting our homeland from terrorism is a 

collective responsibility in which all Americans have a role to play. To protect our 

transportation systems, it is critical to work with all of our partners, including other 

Federal agencies, state, local, and tribal governments, private industry, our interVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000011 Fmt 06633 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
8 

national partners, and most important of all, the traveling public. By engaging these 

partners, we will more effectively protect the Nation’s vital transportation systems 

to ensure the free flow of U.S. commerce and the free movement of the American 

people. 

If confirmed, I know the honor of leading TSA will come with great challenges 

and responsibilities. TSA was created to respond to the threat of terrorism following 

the tragic events of September 11, 2001. I assure you that protecting our transportation systems from the ongoing threat of terrorism, while at the same time safeguarding the ability of all law-abiding Americans to travel freely, will remain my 

highest priority. 

I have worked on public safety and counterterrorism matters at the Federal, 

state, and local level for 30 years and, if confirmed, I look forward to bringing valuable experience and perspective to TSA. Since 2007, I have served as an Assistant 

Chief, commanding the Office of Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) Police Department, where I have enjoyed a valuable 

partnership with TSA in Los Angeles. I am currently responsible for all counterterrorism and security credential assets at the four airports under the LAWA organization. The LAWA Police Department is the largest aviation law enforcement agency 

in the United States and has the largest airport explosives canine detection unit in 

the Nation. I understand well the challenges of securing Los Angeles International 

Airport (LAX), one of the most complex airports in the United States, as well as 

general aviation airports in Palmdale, Ontario and Van Nuys, which is among the 

busiest general aviation airports in the Nation. 

Protecting America against an ever-evolving threat requires an innovative and 

interdisciplinary approach to security. In my current position with the LAWA Police 

Department, I participated in the conceptualization of the pilot Assistant Randomized Motor Over Routes (ARMOR) program designed to detect and deter vehicleborne improvised explosive devices (IED). I am also involved with two DHS Chemical/Biological Operational Technology Development Pilot and Preventative Radiological Nuclear Detection Programs. 

Since 2006, I also have served as the Associate Director for the Center for Risk 

and Economic Analysis of Terrorism Events (CREATE) at the University of Southern California (USC). I am responsible for the development and enhancement of 

education programs and special projects at CREATE, the Nation’s first DHS Center 

of Excellence, and I developed the Executive Program in Counter-Terrorism, designed to challenge international counter-terrorism leaders and enhance their analysis, coordination, and response capabilities. 

My experience with LAWA and CREATE has afforded me the opportunity to collaborate with my international counterparts and other world experts in sharing best 

practices to combat terrorism. If confirmed, I will continue to draw on these relationships to benefit TSA’s mission, understanding, that a professional and effective 

workforce will help promote public confidence and lead to a more secure and more 

resilient America. 

Prior to joining the LAWA Police Department, I served as the Deputy Director 

of the California Office of Homeland Security for Governor Schwarzenegger. I was 

responsible for post-9/11 counterterrorism policy and the protection of California’s 

critical infrastructure. While serving in this capacity, I also had the opportunity to 

participate in the national working group responsible for developing the National 

Infrastructure Protection Plan (NIPP). 

Secretary Napolitano has emphasized a ‘‘ground-up’’ approach to homeland security, an approach which epitomizes my professional development. During my career 

I have served as a Special Agent with the Federal Bureau of Investigation. There 

I worked on foreign counterintelligence and terrorism investigations, and served as 

a member of the Bureau’s SWAT Team. I began my law enforcement career as a 

police officer for the Santa Monica, California Police Department and I have been 

a faculty member and tactical officer at the Rio Hondo Police Academy. 

If confirmed, I am committed to providing the TSA workforce with the necessary 

leadership and support to ensure TSA’s ability to protect the American public. I witness the great work of Transportation Security Officers every day and know firsthand the challenges they face to protect our aviation system. I admire their professionalism and dedication and would be honored to serve as their Assistant Secretary. 

I also believe that a close working relationship with Congress and this Committee 

is essential. I am fully aware that this Committee had a leading role in creating 

TSA, and has encouraged TSA to enhance security in surface transportation, while 

never losing focus on the continuing threat to aviation and the flow of goods. I fully 

recognize and understand that improving surface transportation security is a work 

9 

in progress and one to be addressed with a strategy that is risk-based and intelligence-driven. 

I have enjoyed the opportunity to meet with Members of this Committee and your 

staffs over the past few weeks. I welcome this Committee’s expertise and important 

oversight function, and if confirmed I look forward to working closely with this committee to support TSA’s mission. 

In closing, I wish to again thank President Obama and Secretary Napolitano for 

their confidence in my ability to lead TSA. If confirmed, I will work to improve 

TSA’s ability to counter the terrorist threat to our transportation systems, while 

also safeguarding and enhancing the travel of people and the flow of goods. Mr. 

Chairman, Ranking Member Hutchison, I thank you for the opportunity to appear 

before you today and I look forward to answering your questions. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Erroll Gregory Southers. 

2. Position to which nominated: Assistant Secretary of Homeland Security (Transportation Security Administration). 

3. Date of Nomination: September 17, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: Los Angeles World Airports Police Department, 9841 Airport Boulevard, 

Los Angeles, CA 90045. 

Office: University of Southern California, 3710 McClintock Avenue, RTH 305, 

Los Angeles, CA 90089. 

5. Date and Place of Birth: August 9, 1956; Elizabeth, New Jersey. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Caryn S. Beck-Southers (Spouse), Literacy Coach, Los Angeles Unified School 

District; children: James E. Southers (Son—22 yrs.), Maia D. Southers (Daughter—9 yrs.). 

7. List all college and graduate degrees. Provide year and school attended. 

Brown University, BA—1978. 

University of Southern California, MPA—1998. 

University of Southern California (I am currently a student in the doctorate 

program—DPPD expected in 2011). 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Management-level or related 

Assistant Chief of Homeland Security and Intelligence (2007 to present)—Los 

Angeles World Airports Police Department. 

Associate Director (2006 to present)—CREATE (Center for Risk and Economic 

Analysis of Terrorism Events), University of Southern California (A Department 

of Homeland Security ‘‘Center of Excellence’’). 

Deputy Director for Critical Infrastructure (2004–2006)—California Governor’s 

Office of Homeland Security. 

Chief of Protective Services (1991–1993/1995–1999). 

Assistant Vice President/Chief of Protective Services (1999–2004)—Los Angeles 

County Museum of Art. 

President and CEO (1997–2004)—Risk Management Consultants International. 

Executive Director (1993–1995)—City of Long Beach, Citizen Police Complaint 

Commission—City Manager’s Office. 

Other Employment 

Adjunct Professor of Homeland Security and Public Policy (2003 to present)— 

University of Southern California. 

Special Agent (1984–1988)—Federal Bureau of Investigation. 

Faculty and Tactical Officer (1982–1984)—Rio Hondo Police Academy. 

10 

Police Officer (1980–1984, 1988–1991)—Santa Monica Police Department. 

Research Assistant (1978–1979)—Department of Endocrinology, Rhode Island 

Hospital, Rhode Island. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years. 

LAX Airport Security Advisory Committee (2005–2006). 

DHS Center for Risk Economic Analysis and Terrorism Events (CREATE) Government Advisory Board (2004–2006) (This was not a Federal advisory committee). 

U.S. Department of State Overseas Security Advisory Council. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

Risk Management Consultants International, President and CEO, (1997–2004). 

University of Southern California, School of Policy, Planning and Development 

Alumni Association—Co-Chair (2004–2007); Board Member Emeritus—honorary 

position (2007 to present). 

Risk Management Solutions, Consultant (2007). 

Contemporary Services Corporation, Consultant (2006). 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Current Memberships 

Society of Former Special Agents of the FBI, 1997 to present. 

International Association of Chiefs of Police, 1991–1993/2008 to present. 

University of Southern California School of Policy, Planning and Development 

Alumni Association, Co-Chair, 2004–2007; Board Member Emeritus, 2007 to 

present. 

Past Memberships 

International Association for Counterterrorism and Security Professionals, 

Member, 2007–2009. 

Miracle Mile Chamber of Commerce, Member, 2004–2005. 

University of Southern California Professional Development Mentor Program, 

Member, 2003–2005. 

University or Southern California, School of Policy, Planning and Development 

Strategic Planning Group, Member, 2003–2004. 

University of Southern California Alumni Advisory Committee, Member, 2003– 

2004. 

LA Youth Newspaper Advisory Board, Member, 2003–2004. 

International Foundation for Cultural Property Protection, Chair; Chair, 2001– 

2002; Member, 1996–2004. 

American Society for Public Administration, Member, 1996–1998. 

Western Museums Association, 1995–2004; Board of Directors, 1999–2004; 

Member, 1995–1998. 

American Association of Museums, Security Committee, Member, 1992–2004. 

American Society for Industrial Security, 1991–2004; Member, 1991–2004; 

Chair, Museum and Cultural Properties Committee, 1998–2000. 

Brown University Alumni Schools Committee, (approximate dates) 1991–1995/ 

2001–2004). 

* None of these organizations restricts membership on the basis of sex, race, color, 

religion, national origin, age, or handicap. 

11 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. 

Yes. I was appointed Deputy Director for Critical Infrastructure and served from 

2004–2006 in the California Governor’s Office of Homeland Security. 

14. Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

I served as a volunteer advisor to the Homeland Security Policy Group during 

Senator Obama’s Presidential Campaign. (2008) 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

USC Widney Alumni House Award (2007). 

American Assembly of Columbia University Next Generation Fellow (2007). 

UCLA School of Public Affairs Senior Fellow (2006–2009). 

Certified in Homeland Security Program Top Achiever Award (2006). 

Los Angeles Miracle Mile Civic Coalition Good Heart Award (2005). 

USC School of Policy, Planning and Development Outstanding Alumni Award 

(2004). 

International Organization of Black Security Executives Leading Edge Award 

(1999). 

Police Department Medals for: Counterterrorism, 1984 Olympics, Professional 

Achievement and Marksmanship. 

Rio Hondo Police Academy Outstanding Cadet Award (1980). 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Articles and Publications 

International Research Proposal: Peroxide-Based Explosives Detection Technologies and Risk Assessment—This was a grant proposal the University of 

Southern California submitted in 2007 to the Department of Homeland Security. I co-authored the proposal. 

International Counter-Terrorism Conference (Herzliya, Israel) Abstract—In 

2008, at the World Summit on Counter-Terrorism, I presented information on 

aviation related terrorism. 

Nuclear Power Plant Conference Abstract—In 2007, at the National Radiological Emergency Preparedness Conference, I outlined a brief history of the lessons learned from a variety of international incidents, my studies abroad, and 

work undertaken by the Homeland Security Centers of Excellence. 

Counter-Terrorism Tools and Approaches Abstract—In 2006, at the LA Terrorism Early Warning Group Conference, I presented information describing the 

beginning of an interdisciplinary response to the proposed implementation of 

the National Infrastructure Protection Plan (NIPP). 

Speeches 

2009 

Joint Chiefs of Staff Level IV Antiterrorism Seminar, ‘‘Social Network Analysis 

and the Protection of Critical Infrastructure’’, McLean, VA. 

International Terrorism Intelligence (ITI) Conference, ‘‘Threat Categorization 

and Pro-Active, Intelligence-Led Preventive Security’’, Washington, D.C. 

Airport Security Coordinator Training Program, ‘‘Homeland Security and the 

Protection of the Aviation Domain’’, Los Angeles, CA. 

CPM 2009 West—Business Resilience Strategies, Keynote Speaker, Las Vegas, 

NV. 

10th Annual California Tourism Safety and Security Conference, Keynote 

Speaker, Anaheim, CA. 

Stanford University, Guest lecturer—‘‘Dilemmas in Counter-Terrorism DecisionMaking’’, Palo Alto, CA. 

12 

Redondo Police Department Citizens Academy, ‘‘Counter-Terrorism 101’’, Redondo, CA. 

2009 International AVSEC Conference, ‘‘Strategies Against Terrorism’’, Hong 

Kong, Hong Kong. 

Joint Chiefs of Staff Level IV Antiterrorism Executive Seminar, ‘‘Social Network 

Analysis and the Protection of Critical Infrastructure’’, Tysons Corner, VA. 

Federal Air Marshals International Group, ‘‘LAX Counter-Terrorism Brief’’, Los 

Angeles, CA. 

Los Angeles Mayor’s Office Retreat, ‘‘LAX Homeland Security and Intelligence’’, 

Los Angeles, CA. 

The Boeing Corporation, ‘‘Industrial Security Counter-Terrorism Brief’’, Huntington Beach, CA. 

El Segundo Law Enforcement Roundtable, ‘‘Social Network Analysis & The Protection of Critical Infrastructure’’, El Segundo, CA. 

2008 

DHS and IBC Roundtable on Security and Liberty: Perspectives of Young Leaders, ‘‘Toronto, London and Madrid: Could it Happen Here?’’, Los Angeles, CA. 

19th Annual ISAC Seminar, ‘‘Terrorist Networks and Protecting Critical Infrastructure’’, Long Beach, CA. 

California Governor’s Office of Homeland Security Training Conference, ‘‘Threat 

Briefing’’, Monterey, CA. 

Chairman, Joint Chiefs of Staff Level IV Antiterrorism Executive Seminar, 

‘‘Terrorist Networks and Protecting Critical Infrastructure’’, Washington, D.C. 

Research Security Associates Seminar, ‘‘Analyzing, Mitigating, Responding and 

Managing Threats and Emergencies’’, Fountain Valley, CA. 

World Summit on Counter-Terrorism, ‘‘Aviation Terrorism: Common Sense or 

Ticking Boxes’’, Herzliya, Israel. 

Visit to California of British Columbia Officials, ‘‘Social Networking and Critical 

Infrastructure Protection’’, Los Angeles, CA. 

Governor’s Office of Homeland Security Annual Conference, ‘‘Social Networking 

and Terrorism’’, Palm Desert, CA. 

Great Lakes Homeland Security Training Conference and Expo, ‘‘Keynote’’, 

Great Lakes, MI. 

National Radiological Emergency Preparedness Conference, ‘‘The Terrorist 

Threat in America: What CNN Hasn’t Told You!’’, Las Vegas, NV. 

Chairman, Joint Chiefs of Staff Level IV Antiterrorism Executive Seminar, 

‘‘Terrorist Networks and Protecting Critical Infrastructure’’, Washington, D.C. 

2008 Beijing Olympics, Terrorism Update and Counter-terrorism Assessment, 

Beijing, Shanghai and Qingdao, China. 

Homeland Security S&T Stakeholders Conference—West, Keynote Speaker, Los 

Angeles, CA. 

2007 

Boeing National Security Briefing, ‘‘Counter-Terrorism Update’’, Huntington 

Beach, CA. 

Greater LA ISAC Seminar, ‘‘The Terrorist Threat’’, Long Beach, CA. 

LAX Chamber of Commerce Annual Protector’s Breakfast, ‘‘Intelligence and 

Counter-Terrorism’’, Los Angeles, CA. 

Center for Asymmetric Warfare Conference, ‘‘Terrorism Radicalization and Indoctrination’’, Los Angeles, CA. 

Western Museums Association Annual Conference, ‘‘Counter-Terrorism Update’’, Oakland, CA. 

USC Executive Management in Leadership Master’s Program, ‘‘Guest Lecture— 

Leadership in Adversity’’, Los Angeles, CA. 

Aviation Career Education Graduation, ‘‘Career Development’’, Los Angeles, CA. 

Santa Monica Rotary Club, ‘‘LAX—Intelligence and Counter-Terrorism’’, Los 

Angeles, CA. 

Sacramento Homeland Security Regional Training, ‘‘Counter-Terrorism High 

Rise Training Class’’, Sacramento, CA. 

13 

2007 American Council of Young Political Leaders—UCLA, ‘‘The Ethics of Decision Making’’, Los Angeles, CA. 

2007 University of Southern California Commencement, ‘‘Alumni Address’’, Los 

Angeles, CA. 

National Radiological Emergency Preparedness Conference, ‘‘Terrorism: The 

Threat, The Response’’, Newport Beach, CA. 

Chicagoland Chapter of Young Presidents Organization, ‘‘Terrorism: The 

Threat, The Response’’, Chicago, IL. 

Boeing Aerospace, ‘‘Reducing the Risks After 9/11’’, Anaheim, CA. 

University of Southern California Board of Trustees Annual Retreat, CREATE 

panel presentation, La Quinta, CA. 

Whittier College Homeland Security Conference, ‘‘America at Risk: The Nexus 

of Homeland Security and Transportation Policy’’, Whittier, CA. 

Ottawa Law School, ‘‘Terrorist Targeting Methodology: Lessons Learned’’, Ottawa, Canada. 

Global Futures Forum, ‘‘An Interdisciplinary Perspective: Preventing and Contributing to Social Tension-The Paradox of Education in Multiculturalism’’, Ottawa, Canada. 

Los Angeles District Rotary Meeting, ‘‘Creating Networks to Counter Terrorist 

Networks’’, Los Angeles, CA. 

2006 

CALSAGA 2006 Annual Conference, ‘‘Report on California Homeland Security’’, 

Temecula, CA. 

17th Annual ISAC Seminar, ‘‘Critical Infrastructure: The Terrorist Threat—The 

Response’’, Long Beach, CA. 

LA Terrorism Early Warning Group Conference, ‘‘Counter-Terrorism Tools and 

Approaches’’, Santa Monica, CA. 

Long Beach Rotary Club, ‘‘Responding to the Terrorist Threat: Creating Networks to Combat Terrorist Networks’’, Long Beach, CA. 

CalTrans Response and Recovery Conference, ‘‘Responding to the Terrorist 

Threat: Creating Networks to Combat Terrorist Networks’’, Rancho Cordova, 

CA. 

The One Hundred Club of Contra Costa County, ‘‘Responding to the Terrorist 

Threat: Building Networks to Counter Terrorist Networks’’, San Ramon, CA. 

California Alliance for Response, ‘‘The Terrorist Threat—Building Networks to 

Fight Networks’’, Los Angeles, San Diego, San Francisco and Sacramento, CA. 

Irvine Police Department Public/Private Partnership, ‘‘Countering the Terrorist 

Threat’’, Irvine, CA. 

Los Angeles Police Protective League Annual Delegates Conference, ‘‘Homeland 

Security’’, Rancho Mirage, CA. 

Black Journalists Association of Southern California, ‘‘Homeland Security and 

the Terrorist Threat’’, Los Angeles, CA. 

Los Angeles County 2006 Commissioner’s Leadership Conference, ‘‘Luncheon 

Speaker’’, Los Angeles, CA. 

San Diego Regional Terrorism Threat Assessment Center Briefing, ‘‘OHS and 

the State of Critical Infrastructure Protection’’, San Diego, CA. 

CREATE—The Risks and Economic Impacts of Terrorist Attacks Conference, 

‘‘Risk Based Decision Making Panel’’, Los Angeles, CA. 

Anti-Defamation League Advanced Security Training for Jewish Institutions, 

‘‘Homeland Security—Keynote’’, Los Angeles, CA. 

Rotary GSE Forum, ‘‘Homeland Security’’, Wilmington, CA. 

Chemistry Industrial Council of California, ‘‘Critical Infrastructure’’, Los Angeles, CA. 

Office of Homeland Security Community College Briefing, ‘‘Critical Infrastructure’’, Long Beach, CA. 

The Security Network Seminar on the Protection of Critical Infrastructure, 

‘‘Homeland Security’’, San Diego, CA. 

International Organization of Black Security Executives Annual Conference, 

‘‘Status of Homeland Security’’, Orlando, FL. 

Project GRAD, ‘‘Careers in Justice: A Town Hall Meeting’’, Van Nuys, CA. 

14 

UCLA Spring 2006 Lecture Series on National and Human Security Worldwide, 

‘‘California Counter-Terrorism UNCLASSIFIED: Everything You Thought You 

Heard on CNN but Didn’t’’, Los Angeles, CA. 

California State University OHS Briefing, ‘‘State OHS Strategy’’, Long Beach, 

CA. 

Research Security Administrators Seminar, ‘‘State OHS Role’’, San Ramon, CA. 

Law Enforcement Leadership Management Symposium, ‘‘Law Enforcement’s 

Important Role in Homeland Security’’, San Francisco, CA. 

Aerospace Security Conference, ‘‘Critical Infrastructure Protection’’, El Segundo, 

CA. 

Independent Cities Association Annual Conference, ‘‘Homeland Security’’, Santa 

Barbara, CA. 

Office of Homeland Security Regional Conference, ‘‘Critical Infrastructure’’, Los 

Angeles, CA. 

Office of Homeland Security Regional Conference, ‘‘Critical Infrastructure’’, San 

Jose, CA. 

Chief Executive Forum—Criminal Intelligence Bureau, ‘‘Critical Infrastructure 

Protection’’, San Diego, CA. 

HID Corporation Seminar, ‘‘Take Control in a Rapidly Changing Security Market’’, Houston, TX. 

2005 

Chief Executive Seminar, ‘‘Homeland Security and Infrastructure Protection’’, 

Monterey, CA. 

International Association of Museum Facilities Administrators, ‘‘Homeland Security’’, San Francisco, CA. 

San Jose Water District, ‘‘Terrorism Threat Update’’, San Jose, CA. 

California State Conference of the NAACP, ‘‘Governor’s Remarks’’, Los Angeles, 

CA. 

USC Graduate Policy Administration Community, ‘‘Leadership Series’’, Los Angeles, CA. 

Peace Officers Association of Los Angeles County, ‘‘Luncheon Keynote’’, 

Montebello, CA. 

American College of Forensic Examiners Institute Homeland Security Conference, Homeland Security Keynote, San Diego, CA. 

St. Mary’s Medical Center Emergency Preparedness Forum, Critical Infrastructure and the Terrorist Threat, Long Beach, CA. 

ASIS Law Enforcement and Security Officer Appreciation Day, Keynote Address, Studio City, CA. 

Orange County Ready Disaster Conference, ‘‘Homeland Security and Emergency 

Preparedness’’, Garden Grove, CA. 

MCI Security Conference, ‘‘Homeland Security’’, Santa Ana, CA. 

Monterey County Chief Law Enforcement Officers, ‘‘California Critical Infrastructure Protection Strategy’’, Salinas, CA. 

Orange County American Society of Safety Engineers Professional Development 

Conference, ‘‘California Homeland Security in 2005’’, Costa Mesa, CA. 

Infragard 2005 Security Symposium, ‘‘The Terrorist Threat and Disaster Preparedness’’, Sacramento, CA. 

California Fire Technology Director’s Association, ‘‘Homeland Security and 

Emergency Preparedness’’, Sacramento, CA. 

Chief Special Agents Association, ‘‘Homeland Security’’, Oakland, CA. 

Miracle Mile Safety Summit, ‘‘Emergency Preparedness and the Local Community’’, Los Angeles, CA. 

Long Beach Pipeliners Association, ‘‘Critical Infrastructure and the Terrorist 

Threat’’, Long Beach, CA. 

MCI Security Conference, ‘‘Homeland Security and Buffer Zone Protection 

Plans’’, Sacramento, CA. 

Southeast Region Community Awareness and Emergency Response Forum, 

‘‘Buffer Zone Protection Plans and the Chemical Industry Sector’’, Whittier, CA. 

15 

LAPD Law Enforcement and Private Security Conference, ‘‘Homeland Security 

and Private Security’’, Los Angeles, CA. 

Los Angeles Sheriff’s Department University Graduation, ‘‘Commencement Keynote Address’’, Whittier, CA. 

Chiefs Executive Seminar on Criminal Intelligence, ‘‘Critical Infrastructure Protection and the Buffer Zone Protection Plan’’, Monterey, CA. 

California College and University Police Chiefs Association Conference, ‘‘Weapons of Mass Destruction and the Terrorist Threat’’, South Lake Tahoe, CA. 

American Legal Institute—American Bar Association, ‘‘Preventative Planning 

and Emergencies, Including Terrorism’’, San Francisco, CA. 

Computer Crime Conference, ‘‘Homeland Security’’, Los Angeles, CA. 

Department of Justice—Criminal Intelligence for Executives, ‘‘Identifying Critical Assets and the Use of Criminal Intelligence to Analyze Pre-Incident Indicators’’, San Diego, CA. 

South Bay Cities Council of Governments Task Force on Homeland Security, 

‘‘Homeland Security and Buffer Zone Protection Plans’’, El Segundo, CA. 

South Bay Industrial Security Meeting, ‘‘Homeland Security Update’’, El 

Segundo, CA. 

National Conference on Cultural Property Protection, Keynote: ‘‘Homeland Security’’, Las Vegas, NV. 

Independent Cities 17th Annual Winter Forum, ‘‘Homeland Security Forum: Be 

Prepared’’, Santa Barbara, CA. 

Baaden, Hoy and lannone 4th Annual Security Symposium, ‘‘Homeland Security’’, Torrance, CA. 

California Community Awareness and Emergency Response Association, ‘‘Buffer 

Zone Protection Plans’’, Carson, CA. 

USC Capitol Career Day, ‘‘Careers in Government’’, Sacramento, CA. 

2004 

UCLA School of Public Affairs Homeland Security Conference, ‘‘Local and State 

Preparedness’’, Los Angeles, CA. 

Fire Chiefs Leadership Seminar, ‘‘Homeland Security Strategy and Exercise/ 

Training Programs’’, Monterey, CA. 

Los Angeles Tenth Council District Public Safety Fair, ‘‘Emergency Preparedness’’, Los Angeles, CA. 

International Foundation for Cultural Property Protection Conference, ‘‘Homeland Security Update’’, Las Vegas, NV. 

Los Angeles Sheriff’s Department Community Advisory Conference, ‘‘Homeland 

Security’’, Los Angeles, CA. 

Los Angeles County Fire Chiefs Meeting, ‘‘Homeland Security’’, Los Angeles, 

CA. 

USMC Antiterrorism and Critical Infrastructure Protection Conference, Closing 

Keynote for Governor Schwarzenegger, San Diego, CA. 

Tri-Valley Human Resources Association, ‘‘Homeland Security’’, Pleasanton, CA. 

Second Annual Bay Area Conference on Homeland Security, ‘‘Building State 

and Regional Preparedness’’, Oakland, CA. 

Homeland Security Forum, ‘‘California Office of Homeland Security’’, Irwindale, 

CA. 

Mayor James K. Hahn Homeland Security Leadership Summit, ‘‘California 

Roundtable: The State of Preparedness’’, Los Angeles, CA. 

League of California Cities Conference, ‘‘Homeland Security and Emergency 

Preparedness’’, Long Beach, CA. 

National Association of Emergency Medical Services Educators, Invited Speaker—Represented Governor Schwarzenegger, Hollywood, CA. 

Release of Souls USA Tour—9/11 Salute to Uniformed Personnel, Guest Speaker, San Diego, CA. 

Release of Souls USA Tour—9/11 Salute to Uniformed Personnel, Master of 

Ceremonies, Pasadena, CA. 

Southern California Petroleum Club, ‘‘Homeland Security’’, Long Beach, CA. 

16 

California State University Police Chiefs, ‘‘Homeland Security’’, Long Beach, 

CA. 

International Electronics Security Group, ‘‘The Governor’s Office of Homeland 

Security’’, Santa Clara, CA. 

General Accounting Office, ‘‘Terrorism in a Post-9/11 World’’, Los Angeles, CA. 

Miracle Mile Residential Association Annual Meeting and 2151 Anniversary 

Celebration, ‘‘Emergency Preparedness for the Miracle Mile’’, Los Angeles, CA. 

Independent School Association of the Southwest Conference, ‘‘How Big Is Your 

Security Blanket?’’, Dallas, TX. 

Foundations Inc. Beyond School Hours Conference, ‘‘How Big Is Your Security 

Blanket?’’, San Diego, CA. 

2003 

Culver City Rotary Club, ‘‘Terrorism in a Post 9/11 World’’, Culver City, CA. 

National Middle School Association Annual Conference, ‘‘How Big Is Your Security Blanket?’’, Atlanta, GA. 

Los Angeles County Office of Education Regional Training, ‘‘Security and Safety 

for After-School Programs’’, Los Angeles and Long Beach, CA. 

International Foundation for Cultural Property Protection, ‘‘Cultural Institutions and the Terrorist Threat’’, ‘‘Homeland Security’’ San Simeon, CA. 

Mid-Atlantic Association of Museums Annual Conference, ‘‘Security in a Post9/11 World’’, Newark, NJ. 

RTK ArchitectsfRisk Management Consultants International Seminar, ‘‘Rethinking Public Safety: Security Through Design’’, Santa Monica, CA. 

California League of Middle Schools Annual Conference, ‘‘How Big Is Your Security Blanket?’’, San Diego, CA. 

California League of High Schools/National High School Association, ‘‘How Big 

Is Your Security Blanket?’’, North Lake Tahoe. 

2002 

University of Southern California, School of Policy, Planning and Development, 

‘‘Intergovernmental Management’’, Los Angeles, CA. 

California League of High Schools/National High School Association Annual 

Conference, ‘‘How Big Is Your Security Blanket?’’, Monterey, CA. 

International Foundation for Cultural Property Protection Training Seminar, 

‘‘Changing the Face of Security,’’ ‘‘Emergency Preparedness/Evacuations’’, ‘‘Insider Theft’’, Dallas, TX. 

International Foundation for Cultural Property Protection Training Seminar, 

Certified Institutional Protection Manager Training, Athens, GA. 

Museum Association of Arizona Annual Conference, ‘‘Stealing Away: Preventing 

Theft Inside and Out’’, Camp Verde, AZ. 

American Legal Institute-American Bar Association Annual Conference, ‘‘Safeguarding and Security of Museums, Visitors, Staff, Collections, and Facilities: 

Practical Issues’’, ‘‘Disaster Planning and Response’’, Los Angeles, CA. 

National Conference on Cultural Property Protection, ‘‘The Pros and Cons of 

Contract Security’’, Charleston, SC. 

California Association of Independent Schools Trustee/Heads Annual Conference, ‘‘The Independent School in a Changed World: Security Implications’’, 

San Francisco, CA. 

Pueblo Grande Museum Regional Training Seminar, ‘‘How Big is Your Security 

Blanket?’’, Phoenix, AZ. 

2001 

University of Southern California, School of Policy, Planning and Development, 

‘‘The FBI and Local Government’’, Los Angeles, CA. 

International Foundation For Cultural Property Protection Annual Conference, 

‘‘Emergency Preparedness,’’ ‘‘Workplace Violence,’’ ‘‘Domestic Terrorism, Gangs 

and Subversive Groups’’, Keystone, CO. 

Los Angeles County Museum of Art Docent Council, ‘‘Security—At Work and At 

Home’’, Los Angeles, CA. 

Western Museums Association Annual Conference, ‘‘Threats in Museums’’, Palm 

Springs, CA. 

17 

American Association of Museums Annual Meeting, ‘‘Blockbuster Planning and 

Recovery’’, St. Louis, MO. 

Association of Art Museum Administrators Conference, ‘‘The Visitor Experience’’, Los Angeles, CA. 

Texas Association of Museums Annual Conference, ‘‘Preparing for the Inevitable: Emergency Preparedness and Response’’, San Antonio, TX. 

Los Angeles County Museum of Art Docent Training Session, ‘‘Security Awareness’’, Los Angeles, CA. 

National Conference on Cultural Property Protection, ‘‘Challenges in Managing 

the Blockbuster Exhibition: Designing a Visitor Services Plan’’, Arlington, VA. 

International Foundation for Cultural Property Protection Annual Conference, 

‘‘Emergency Preparedness/Workplace Violence’’, Denver, CO. 

The Center for Early Education Parent Night, ‘‘Conceptual Protection Plan’’, 

West Hollywood, CA. 

2000 

Wildwood School Staff Orientation, ‘‘Security Awareness’’, Los Angeles, CA. 

ASIS International 46th Annual Seminar and Exhibits, ‘‘Assaults on Public Institutions’’, Orlando, FL. 

Federal Protective Service Regional Director’s Conference, ‘‘Tactical 

Ultraviolence: Preparing for Catastrophic Events’’, Potomac, MD. 

American Association of Museums, ‘‘Assaults on Public Institutions—Protecting 

Life and Valuable Assets in the New Millennium’’, Baltimore, MD. 

International Organization of Black Security Executives Annual Conference, 

‘‘Lessons Learned from Schoolplace Violence’’, Washington, D.C. 

National Conference on Cultural Property Protection, ‘‘Preparing for Crisis—Assaults on Public Institutions’’, Arlington, VA. 

California Association of Independent Schools Trustee School Head Conference, 

‘‘At Risk Youth and Schoolplace Violence’’, San Francisco, CA. 

1999 

International Foundation for Cultural Property Protection Annual Conference, 

‘‘Assaults on Public Institutions: Lessons Learned’’, ‘‘Subversive Groups, Gangs, 

Domestic Terrorists’’, Denver, CO. 

KTWV ‘‘Points of Light Program’’, ‘‘Hate Crimes, Workplace and School Violence’’, Culver City, CA. 

ASIS International Annual Seminar and Exhibits, ‘‘Soft Targets and the Terrorist Threat’’, Las Vegas, NV. 

Western Museums Association Annual Meeting, ‘‘The Impact of Terrorism on 

Cultural Institutions’’, Sacramento, CA. 

International Organization of Black Security Executives Annual Conference, 

‘‘Terrorism: The Real Threat’’, San Francisco, CA. 

The Human Resources Consortium of Cultural Institutions of Massachusetts, 

‘‘Visitor Services/Emergency Preparedness and Response Seminars’’, Boston, 

MA. 

1998 

National Conference on Cultural Property Protection, ‘‘Customer Service Means 

Better Security’’, Arlington, VA. 

American Association of Museums 93rd Annual Meeting and Museum Expo, 

‘‘And If the Creeks Don’t Rise: Preparing for and Recovering from Emergencies’’, 

Los Angeles, CA. 

Mashantucket Pequot Museum and Research Center, ‘‘Security Officer Basic 

Training Program’’, Mashantucket, CT. 

Museum of Fine Arts, ‘‘Emergency Preparedness in Museums’’, Boston, MA. 

Dallas Museum of Art, ‘‘Emergency Preparedness and Response in Museums’’, 

Dallas, TX. 

1997 

National Conference on Cultural Property Protection, ‘‘Gangs and Youth Violence’’, Raleigh, NC. 

18 

American Association of Museums Annual Meeting, ‘‘Gangs and Youth Violence’’, Atlanta, GA. 

African American Museum Association Conference, ‘‘The Role of Security in Visitor Services’’, Baltimore, MD. 

American Society for Industrial Security, ‘‘Gangs and Youth Violence’’, St. 

Louis, MO. 

Denver Crimestoppers, ‘‘Gangs and Extremist Groups’’, Denver, CO. 

1994 

Long Beach Rape Treatment Center, ‘‘Gang Recognition and Response’’, Long 

Beach, CA. 

1993 

Western Museums Association Conference, ‘‘Gang Awareness’’, Riverside, CA. 

South Bay Security Directors Association, ‘‘Gang Recognition and Response’’, El 

Segundo, CA. 

1992 

Museum Security Directors Roundtable Meeting, ‘‘Gang Recognition and Response’’, San Marino, CA. 

National Conference on Cultural Property Protection, ‘‘Recovering the Museum 

Collection from the 1992 Civil Unrest’’, Washington, D.C. 

Hughes Aircraft Employee Awareness Training, ‘‘Gang Awareness’’, El Segundo, 

CA. 

1991 

Los Angeles County Museum of Art Docent Council, ‘‘Gang Awareness’’, Los Angeles, CA. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

I provided testimony before the U.S. House of Representatives Committee on 

Homeland Security on May 6, 2008, at a hearing on the following topic—‘‘The Resilient Homeland—Broadening the Homeland Security Strategy.’’ 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

Over thirty years, I have worked at every level of government, in the private sector and in academia, engaged in efforts to protect the public safety and ensure our 

national security. As the Associate Director of the DHS Center of Excellence (COE), 

the Center for Risk and Economic Analysis of Terrorism Events (CREATE) at the 

University of Southern California (USC), I am responsible for the development and 

enhancement of educational programs and special projects. In an effort to analyze 

the counter-terrorism challenges and best practices I have observed around the 

world, I conceptualized the Executive Program in Counter-Terrorism, which challenges international counterterrorism leaders and enhances their analysis, coordination and response capabilities to the evolving terrorism threat. CREATE has also 

become known internationally for the implementation of the ARMOR (Assistant for 

Randomized Motoring Over Routes) Program, a game theory, algorithm-based system, we piloted at the Los Angeles International Airport (LAX). As a result of its 

success, ARMOR has been adopted by DHS for use in other critical infrastructure 

targets throughout the Nation. 

As Chief of the Office of Homeland Security and Intelligence for the Los Angeles 

World Airports Police Division, I am responsible for the security of one of the primary terrorist targets in the United States. I was recruited to join the police division, the largest in the nation, in order to advance the airport’s counter-terrorism 

strategies. During my tenure, we have introduced a number of premier, interdisciplinary projects, garnering the attention of the national security and aviation 

community. CREATE and LAX have taken the lead in experimenting with solutions 

to critical infrastructure vulnerabilities, including several projects involving other 

nations, with long-standing experience with specific terrorist targeting methodologies. 

I have also lectured internationally and as an adjunct professor of homeland security and public policy in the Master’s Program at USC since 2003. It was a highlight 

19 

of my career, to be invited to Beijing, Shanghai and Qingdao to assess the proposed 

terrorism counter-measures before the 2008 Olympics. During my tenure as the 

Deputy Director for Critical Infrastructure in the California Governor’s Office of 

Homeland Security, I was responsible in 2004 for the statewide rollout of Homeland 

Security Presidential Directive 7, the identification, prioritization and protection of 

critical infrastructure. I was also chosen to serve as the California representative 

for the Protected Critical Infrastructure Information (PCII) Program, an initiative 

piloted by DHS. I believe that my time at the FBI investigating terrorism and foreign counterintelligence matters and serving on the Bureau’s SWAT Team, my 10 

years as Chief of Protective Services at the Los Angeles County Museum of Art, and 

the start of my law enforcement career as a patrol officer in the Santa Monica Police 

Department are all important experiences that I can bring to DHS if I am confirmed. 

Ultimately, I understand the importance of a strong work ethic and education. 

They are the cornerstones of my life and provide the foundation of my leadership 

style. I have a proven record of increasing education, working with people and providing successful leadership of organizations throughout my career. This is a historic time in our Nation’s history and I would enjoy the opportunity to serve my 

country and add value to the achievement of our Nation’s homeland security mission 

as a member of the administration. 

19.What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

Budgets and financial management systems are not only important tools for planning, prioritizing and operating organizational programs, but also serve as critical 

mechanisms for assuring accountability, control, and fulfillment of executive and 

legislative intent. If confirmed, my responsibility will be to both lead the agency toward a vision consonant with the President’s strategic mandates and manage the 

organization effectively. Proper fiscal management techniques and accounting controls are critical to assuring managerial, and organizational, success. I have been 

responsible for budget execution, in several large organizations, with positive results. I achieved results by building confidence while maintaining a reputation for 

integrity and responsiveness. 

During my tenure with the Governor’s Office of Homeland Security, I was accountable for the distribution of resource allocations in the form of Department of 

Homeland Security grant funds. These financial resources were essential in addressing Homeland Security Presidential Directive 7. My office worked seamlessly with 

the Grant Management and Legislative sections to ensure the risk-based funding 

would be directed to infrastructure targets in direct response to their threat level, 

vulnerability and consequence of natural or man-enabled events. We were responsible for funding in the amount of more than $250 million annually. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

I believe the top three challenges facing the TSA exist within three areas: people, 

science and technology, and public confidence. 

People—The TSA employs one of the most visible work forces in the Department 

of Homeland Security. The TSA must select the ‘‘best’’ people. It must invest 

the resources to identify these individuals, recruit them, train them, emphasize 

their importance to the success of the organization and retain them by providing opportunities for professional development. The accomplishment of this 

goal is dependent upon a very critical element—leadership. There is no time 

like the present to raise the level of expectation and performance, insisting on 

professional, motivated and enthusiastic employees. 

Science and Technology—On April 15, 2008, the GAO issued a report entitled, 

‘‘Transportation Security: Efforts to Strengthen Aviation and Surface Transportation Security Continue to Progress, but More Work Remains.’’ The study concluded that the TSA had implemented a myriad of valuable security programs, 

policies and procedures designed to secure the Nation’s transportation network, 

since the inception of the organization in 2001, but requires a strategic longterm plan as it relates to future enhancements. If confirmed, I look forward to 

working to ensure that TSA technology is used as effectively as possible. 

Public Confidence—As Secretary Napolitano has noted, it is critical that we create a culture of preparedness in this country, not a culture of fear. The TSA 

has a key role to play in achieving this goal to ensure public confidence in the 

safety of air, rail and surface transportation. If confirmed, I look forward to promoting common-sense personal preparedness techniques that will significantly 

strengthen the security of all members of the public from the threats we face. 

20 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

I participate in a defined benefit retirement plan with the Los Angeles City Employees’ Retirement System where I will receive monthly payments beginning at age 

61; I participate in a defined benefit retirement plan with the California Public Employees’ Retirement System where I will receive monthly payments beginning at age 

55; I will maintain my current investments with the defined contribution retirement 

plan (403(b) and (401(c)) with the University of Southern California, but no further 

contributions will be made by either party if I am confirmed. These agreements/arrangements are reported on my nominee Public Financial Disclosure Report (Standard Form 278), which has been provided to the Committee. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: No. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Homeland Security’s Designated Agency 

Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I 

have entered into with the Department’s designated agency ethics official and that 

has been provided to this Committee. I am not aware of any other potential conflicts 

of interest. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Homeland Security’s Designated Agency 

Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I 

have entered into with the Department’s designated agency ethics official and that 

has been provided to this Committee. I am not aware of any other potential conflicts 

of interest. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

I served as a volunteer advisor to the Homeland Security Policy Group during 

Senator Obama’s Presidential Campaign. (2008) 

I provided testimony before the U.S. House of Representatives Committee on 

Homeland Security on May 6, 2008, at a hearing on the following topic—‘‘The Resilient Homeland—Broadening the Homeland Security Strategy.’’ 

In December 2007, I briefed officials at the Department of Homeland Security on 

ARMOR—Assistant for Randomized Motoring Over Routes. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Department of Homeland Security’s Designated Agency 

Ethics Official to identify potential conflicts of interest. Any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I 

have entered into with the Department’s designated agency ethics official and that 

has been provided to this Committee. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain. 

In 1988, I received a letter of censure from the FBI for using my official position 

to resolve a personal problem. I had asked a co-worker’s husband, who worked for 

the San Diego police department, to run a database check on my ex-wife’s new boyfriend. The boyfriend had moved in with my wife, from whom I had separated only 

a short time before, and I was concerned for the safety of her and my infant son, 

who was also living with them. The database search revealed an outstanding warVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000024 Fmt 06633 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
21 

rant for the boyfriend’s arrest, about which I informed my ex-wife. I recognize that 

it was a mistake to have used my official connections to investigate the matter. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain. 

No, except as described in C1 above. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

In 2003, I was the plaintiff in a small claims action in Los Angeles, California 

against a client for non-payment of services rendered as an expert witness. I was 

awarded a judgment by the court. 

In the early 1990s, I was named as a defendant to a lawsuit in my official and 

administrative capacity as the Chief of Protective Services of the Los Angeles County Museum of Art. My understanding is that this was a personnel matter, and that 

there were no allegations of personal wrongdoing on my part. I was not interviewed 

or otherwise involved in the investigation, and I am not familiar with the details 

of the complaint or the case’s disposition. 

In 1992, as the Chief of Protective Services of the Los Angeles County Museum 

of Art, I was accused of discrimination based on race, by an African-American police 

lieutenant in Protective Services, who was unhappy with the force-wide policies that 

resulted in his receiving a work assignment he did not want. It is my understanding 

that he filed a suit against the Museum and me, but I do not recall participating 

in any legal proceedings. This was resolved in the Museum’s favor, and he was required to perform the work assignment. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain. 

As described in Question 3 above, in 1992, as the Chief of Protective Services of 

the Los Angeles County Museum of Art, I was accused of discrimination based on 

race, by an African-American police lieutenant in Protective Services, who was unhappy with the force-wide policies that resulted in his receiving a work assignment 

he did not want. It is my understanding that he filed a suit against the Museum 

and me, but I do not recall participating in any legal proceedings. This was resolved 

in the Museum’s favor, and he was required to perform the work assignment. 

In 1996, as the Chief of Protective Services of the Los Angeles County Museum 

of Art, I was named, along with two members of my staff, in a sexual harassment/ 

discrimination complaint by a contract security employee. Her supervisor denied her 

preferred choice of a work assignment and she claimed I failed to support her request because of a romantic relationship between us. Her allegations, both of the 

relationship and of retaliation, are entirely unfounded. An independent investigation 

was conducted by the Museum, and her complaint was determined to be unsubstantiated, 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

RESUME OF ERROLL G. SOUTHERS

Professional Experience 

City of Los Angeles, Los Angeles, CA—Assistant Chief, Los Angeles World Airports 

Police Department, 2007–present. 

22 

Chief of the Office of Homeland Security and Intelligence, responsible for all 

counter-terrorism and security credential assets, for the 4 Los Angeles World 

Airports. Conceptualized the pilot ARMOR (Assistant Randomized Motor Over 

Routes) Program designed to detect and deter vehicle borne IEDs (Improvised 

Explosive Devices). Currently engaged in two DHS Chem/Bio Operational Technology Development Pilot Programs. The LAWA Police Department is the largest aviation law enforcement agency in the United States, with the largest airport explosives canine detection unit in the world. 

University of Southern California, Los Angeles, CA—Associate Director, Center for 

Risk and Economic Analysis of Terrorism Events (CREATE), 2006–present. 

Counter-terrorism and infrastructure protection expert responsible for the development and enhancement of the educational programs and special projects 

at CREATE, an interdisciplinary national research center, based at USC and 

funded by the Department of Homeland Security. Created the Executive Program in Counter-Terrorism, designed to challenge international counter-terrorism leaders and enhance their analysis, coordination and response capabilities to the evolving terrorism threat. Co-author on the ‘‘Peroxide-Based Explosives: Properties, Technologies and Risk Assessment’’ international research 

project, with Technion Israel Institute of Technology. 

State of California, Office of Governor Arnold Schwarzenegger, Sacramento, CA— 

Deputy Director, Office of Homeland Security, 2004–2006. 

Appointed by Governor Arnold Schwarzenegger to the Office of Homeland Security and responsible for post-9/11 counterterrorism policy issues, initiatives and 

projects developed to protect the critical infrastructure of the world’s fifth largest economy. Responsible for state oversight of the National Asset Data Base, 

Automated Critical Asset Management System, Critical Infrastructure/Key Resources, Buffer Zone Protection Plan and Protected Critical Infrastructure Information Programs (PCII), including several nation pilot programs. Served as a 

member of the National Infrastructure Protection Plan (NIPP) national working 

group, responsible for developing the NIPP. Appointed Deputy Director of the 

state’s Protected Critical Infrastructure Information (PCII) Program by the Department of Homeland Security. 

University of Southern California, Los Angeles, CA—Adjunct Professor, 2003– 

present. 

Professor of terrorism, homeland security and public policy in the Master’s Program of the School of Policy, Planning and Development. 

Risk Management Consultants International, Los Angeles, CA—President and 

CEO, 1997–2004. 

Founder and nationally recognized leader of a security consulting firm specializing in violence prevention, premises protection and emergency preparedness. 

• Nationally recognized authority on policy development for security and safety 

measures designed to counteract potential losses produced by hostile actions 

or natural disasters. 

• Violence prevention, premises protection and disaster planning consultant to 

major corporations, educational and cultural institutions throughout the 

United States. 

Los Angeles County Museum of Art, Los Angeles, CA—Chief of Protective Services/ 

Assistant Vice President, 1991–1993, 1995–2004. 

Assigned to the Museum of Art as Chief of Police, having direct responsibility 

for public safety and security services at the Nation’s 4th largest art museum, 

with facilities spanning 22 acres, hosting more than one million visitors annually. Promoted to Assistant Vice President in 1998, with responsibility for three 

of the museum’s departments. 

• Fiscal and management responsibility for a $3.2 million budget and more 

than 200 personnel supporting exhibition planning, security, ticket sales and 

members’ on-site amenities. 

• Using a zero-based budgeting approach, designed an institutional reengineering plan resulting in a $2 million annual budget reduction. 

• Developed and implemented the museum’s emergency preparedness program, 

outlining policies and procedures for training and response to specific disasters and the appropriate recovery efforts. 

23 

• Designed and implemented the museum’s Injury and Illness Prevention Program. 

• Americans with Disabilities Act Coordinator. 

City of Long Beach, Long Beach, CA—Executive Director, 1993–1995. 

Executive Director for the City Manager of the City of Long Beach, California’s 

5th largest city, with more than 440,000 citizens. 

• Executive Director, Youth, Education and Community Services Unit, recommending policies focused on community development and the suppression of 

youth violence/gang activity, resulting in a 38 percent reduction in gang related crime in less than one year. 

• Executive Director, Citizen Police Complaint Commission, responsible for 

managing the investigation of allegations of police misconduct in the Long 

Beach Police Department. 

• Represented the Office of the City Manager at community, educational and 

political events; coordinating and managing special projects and developing 

community consortiums. 

Federal Bureau of Investigation, San Diego, CA—Special Agent, 1984–1988. 

Assignments included: Foreign counter-intelligence/terrorism investigations, 

SWAT Team member and police instructor. 

Rio Hondo Police Academy, Whittier, CA—Faculty/Tac Officer, 1982–1984. 

Community college instructor responsible for the education of police cadets at 

a regional academy serving more than 36 law enforcement agencies. 

Managed the training and evaluation of all aspects of cadet field performance, 

weapons proficiency and physical fitness. 

Santa Monica Police Department, Santa Monica, CA—Investigator/Police Officer, 

1980–1984, 1988–1991. 

Assignments included: Gang Investigator, Background Investigator, Field Training Officer, Crime Impact Team Member, Shoot and K–9 Review Boards, Departmental Stress Management Instructor and Fitness Program Instructor. 

Professional Training 

2007—832 P.C. Aviation Security Training 

2007—JTTF Education Session/West Point Combating Terrorism Center 

2006—Consequence Management Training, Israeli Defense Forces’ Home Front 

Command, Israel 

2006—Homeland Security Counter-Terrorism Training, Ministry of Foreign Affairs, Israel 

2002—Threat Assessment Seminar, U.S. Secret Service and U.S. Department of 

Education 

1996—Museum Management Program, University of Colorado; Total Quality 

Management Program, National Safety Council 

1995—ICMA Community Oriented Policing Seminar; Cambodian Cross-Cultural 

Training 

1992—Disaster Response Training for Emergency Managers 

1989—AIDS Education Instructor’s Course 

1985—Employee Assistance Training for Police Supervisors; Hearing Impaired 

(Sign Language) Program; Peer Counseling Training Program 

Accreditations/Certifications 

2007—Airport Security Coordinator (ASC) Certification 

2006—Certified in Homeland Security—Level V, American College of Forensic Examiners Institute 

2005—Protected Critical Infrastructure Information (PCII) Accreditation 

1999—Certified Institutional Protection Manager (CIPM) 

1993—California Peace Officers Standards & Training (POST) Executive Development Certificate 

1992—California POST Management Certificate 

1990—California Superior Court Qualified Gang Expert 

1982—California Community College Teaching Credential 

24 

1980—California POST Basic, Intermediate and Advanced Certificates 

Security Clearance 

Top Secret/SCI—Active, granted 2009 

Education 

University of Southern California, Los Angeles, CA 

Doctor of Policy, Planning and Development 

Expected date of completion: 2011 

University of Southern California, Los Angeles, CA 

Master of Public Administration, 1998 

Brown University, Providence, RI 

Bachelor of Arts, 1978 

Affiliations 

CREATE Government Advisory Board 

Society of Former Special Agents of the FBI 

International Association of Chiefs of Police 

LAX Airport Security Advisory Committee, Executive Board 

U.S. Department of State Overseas Security Advisory Council 

LA Youth Newspaper Advisory Board 

American Society for Industrial Security 

American Society for Public Administration 

Brown University Alumni Schools Committee 

Western Museums Association, Board of Directors 

American Association of Museums, Security Committee 

ASIS Library, Museum and Cultural Properties Committee 

International Foundation for Cultural Property Protection Advisory Board 

University of Southern California Professional Development Mentor Program 

USC School of Policy Planning and Development Alumni Association, Founding 

Co-Chair 

Honors and Awards 

USC Widney Alumni House Award 

UCLA School of Public Affairs Senior Fellow 

American Assembly of Columbia University Next Generation Fellow 

Certified in Homeland Security Program Top Achiever Award 

USC School of Policy, Planning and Development Outstanding Alumni Award 

Los Angeles Miracle Mile Civic Coalition Good Heart Award 

International Organization of Black Security Executives Leading Edge Award 

Rio Hondo Police Academy Outstanding Cadet Award 

The CHAIRMAN. Thank you very much, and right on time. 

Let me just start with a few, then I’ll turn to Senator Hutchison, 

Ranking Member Hutchison. 

As we discussed in our conversation, I was Chairman of the Intelligence Committee for a while and I’m still on it. One of the 

things that overwhelmed all of us and still does is the instinct not 

to share. I mean, it’s one thing, the first law we passed after 9/11 

was to make it legal for the CIA and the FBI to talk to each other. 

So it’s on the books. 

But if you infer from that there is a cooperative atmosphere 

among the agencies, I would find a lot of reason to disagree with 

that. We went a step further and appointed a Director of National 

Intelligence, sort of making him the admiral, the overseer of all. 

Even that has not been able to break down the shell of protectiveness, the tradition that’s built up within some of these agencies 

over the years. 

25 

So I worry about that a lot. I worry about the lack of information-sharing and our ability to have the best intelligence analysis 

that we possibly can. 

Now, as Chairman of the Commerce Committee, I need to know 

that the Department of Homeland Security, which has its own intelligence unit, and TSA officials are working together with other 

agencies to protect our security. I’ll pick out a couple of examples. 

Recent press reports have raised questions about how well the TSA 

and the FAA vet individuals who receive airman certificates, which 

include pilot licenses, mechanic licenses, and everyone else who has 

direct access to aircraft. What steps is the agency taking to address 

this vetting issue? I might just ask you that; then I’ll follow up. 

You may not see it as a problem, in which case you need to say 

that. 

Mr. SOUTHERS. Thank you, Senator. First I’d like to speak to the 

information-sharing component of your question, and I’ll certainly 

draw on personal experiences. I’m currently living in Los Angeles. 

We, as most regions, have a fusion center, and we also have several 

joint terrorism task forces. All of our State, local, and Federal partners are members of those elements. 

We meet routinely, share information routinely. We’ve also engaged all of the critical infrastructure elements in the region—rail, 

transportation, chemical, ports—and we sit on those committees 

several times a month, and that relationship has been quite seamless. 

One of the beauties of it is actually having training exercises and 

forums where we get to meet quite frequently, and we are able to 

build on those relationships and we forward all grant proposals in 

a regionalized manner, which pulls everyone into the room as well. 

So our sharing capacity there has been quite successful and it has 

been something that I think has been very noteworthy. 

As it relates to FAA and the vetting of the airman certificates, 

I had reason a couple of weeks ago to meet with Acting Deputy Assistant, Lynne Osmus. We talked about working together. Hopefully, it’s the beginning of a very positive relationship. I can say 

that the Department of Transportation some time ago left the safety component to FAA and the security component to TSA, and that 

vetting process now where TSA is vetting airmen is happening on 

a daily basis. Some 3.9 million people are being vetted each day 

against a database, a terrorism database. 

That’s a relationship—— 

The CHAIRMAN. I don’t understand that, being vetted each day, 

3.9 million people against a database? I mean, it sounds great, but 

I just don’t understand it. 

Mr. SOUTHERS. So each day those names that are in the database 

currently are placed against no-fly lists, the selectee lists, and the 

remaining components of the terrorism-screening database list to 

see, if in fact, if there’s any anomaly from the previous day, where 

that name has changed or the status of that name has changed, 

and to ensure that everything is intact. 

This is certainly a relationship that needs to grow. I look forward 

to working with the FAA on this issue and I look forward to working with the Committee as well. 

26 

The CHAIRMAN. It’s anybody that has any contact with an airplane at all, mechanics, pilots, the whole deal? 

Mr. SOUTHERS. Yes, sir. 

The CHAIRMAN. General aviation is more or less not touched by 

these folks. Is that going to remain the same? 

Mr. SOUTHERS. Actually, Senator, I’m not quite sure if general 

aviation is touched by these folks. I do have a general aviation responsibility currently, but it’s not for vetting, so I’m unable to say 

whether or not that’s actually happening. 

The CHAIRMAN. Well, you would know if they were vetting for 

general aviation, and since you don’t know, I think the answer is 

they’re not vetting for general aviation, which is a problem we’ll 

talk about a little bit more. 

Just as a follow-up, what steps do you believe the agency needs 

to take to make sure that individuals receiving or holding airman 

certificates are not a legitimate threat to national security? Are you 

considering taking steps to review other criminal watch lists 

housed in the Department, in the government, for example at 

Treasury, that are not currently being used by the Department of 

Homeland Security, for airman vetting? 

Mr. SOUTHERS. Senator, I think it’s most efficient if we could 

have a compilation of the databases placed together, so that we 

have a very huge, if you will, consortium of names and have them 

all in one spot. I do know that in the vetting that does take place 

currently, the terrorism screening database is one that has a nearname matching algorithm that they use, as well as a date of birth 

matrix that’s used, and it’s quite efficient. 

But the other databases need to be pulled in so that we can, in 

fact, make sure that we’re looking at all sources and ensure that 

that person is not being placed in the environment and is a risk 

to our security. 

The CHAIRMAN. I thank you. My time has expired and I turn to 

Senator Hutchison. 

Senator HUTCHISON. Thank you, Mr. Chairman. 

First, Mr. Southers, the Committee wants to be assured that in 

your important position that you would always be able to give us 

and would work with all the members of the Committee, Republicans as well as Democrats, with information, data, and anything 

that we rightfully need for our oversight responsibility. 

Mr. SOUTHERS. Yes, Senator. 

Senator HUTCHISON. Second, you, having been of course so involved in the Los Angeles Airport, would know that there are many 

times when stakeholders are concerned about cooperation with the 

TSA. Sometimes they think TSA oversteps. One example: They sort 

of miscommunicated to the general aviation community details of 

the large aircraft security program, that caused a lot of confusion 

and heartburn, if you will. 

My question is what would you do to alleviate that non-cooperation when it occurs or how would you avoid it occurring? 

Mr. SOUTHERS. What we have done has been quite collaborative 

in our approach. We’ve reached out to stakeholders, specifically in 

general aviation as it relates to the large aircraft security program. 

We’re trying to, of course, look at best practices, and we’re trying 

27 

to be risk-driven. We think that that is the appropriate response 

to this issue. 

In addition to that, we’ve taken some steps to provide education 

and awareness to these groups, so that they can in fact be part of 

our security system. We are part of what’s called the SARS program now, which is the Suspicious Activity Reporting. We now 

have persons in general aviation and at, for example, LAX, at our 

category X airport, where they are able to participate in the security system by providing us with information. 

So, it has been a relationship, if you will, of education, awareness, and information flow back and forth. Communication has 

been the key to our success there in addressing those kinds of 

issues. 

Senator HUTCHISON. Let me ask you. On the non-aviation side, 

you are still responsible for other modes. We talk about aviation 

the most because it is clearly the biggest job that you have. But 

there is concern about buses, trains, other modes of transportation, 

and the security there, including ports. What would you consider 

your number one non-aviation responsibility or area that needs addressing? 

Mr. SOUTHERS. Senator, if we look at events as they occur 

around the world, and certainly trying to remain again risk-driven 

and intelligence-driven, it would appear that the non-aviation elements would certainly include buses and trains. We’ve seen Madrid, we’ve seen London. We’ve seen the introduction of peroxidebased explosives there. So those elements of the transportation system I think would be a priority. 

It is for that reason that TSA, to my understanding, has been 

moving resources to those regions as the risk and threat dictates. 

We’ve seen VIPR units move to the rain system in Los Angeles. 

Our K9 units from the airport have supported rail systems and bus 

systems in Los Angeles. 

Then we have several committees, as I mentioned previously, 

where we have critical infrastructure partners that meet regularly, 

that include the port, rail, and the airport. We work very closely 

together to ensure that we’re all working on the same mission, with 

the same goal in mind, and actually maximizing the resources that 

we have available. 

Senator HUTCHISON. Thank you. 

Thank you, Mr. Chairman. I appreciate it. 

The CHAIRMAN. Thank you. 

Senator Cantwell’s not here, so it would be Senator Udall, because you want to introduce Mr. Gallagher. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. That’s correct. 

The CHAIRMAN. Shall we just do that right now? 

Senator UDALL. I can wait until he comes forward on the panel 

and question Mr. Southers. That would be great, Chairman Rockefeller. Thank you very much today. 

Mr. Southers, I appreciate our meeting before today’s hearing 

and want to thank you again for your willingness to serve. The 

Transportation Security Administration has the difficult task of enVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000031 Fmt 06633 Sfmt 06601 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
28 

suring both security and the free movement of people and goods. 

In your testimony, you note that this will be your highest priority. 

I would like to follow up with a few questions related to how you 

would approach this challenge. 

For example, USA Today recently reported that TSA plans to 

greatly expand its use of whole-body imaging, WBI, for primary 

passenger screening at airports. Albuquerque Sunport is one airport where the TSA piloted the use of these machines for primary 

passenger screening. Citizens and Members of Congress have expressed concerns about the privacy implications of using WBI as a 

primary screening device. Although TSA has voluntarily taken certain measures to protect passenger privacy, I believe several serious questions should be addressed before TSA deploys WBI machines more widely. 

Last October TSA released a privacy impact assessment for 

whole-body imaging. That assessment outlined many of the policies 

TSA would use with WBI machines to protect passengers’ privacy. 

Would you support a follow-up report either by GAO or the DHS 

Inspector General to assess whether those policies have been followed and that they adequately protect passenger privacy? 

Mr. SOUTHERS. Senator, thank you. I would welcome any investigative or regulatory agencies or groups that would be willing to 

support us in having us be more efficient and effective. Whole-Body 

Imaging gives us the ability to detect metallic and non-metallic objects on travelers without any physical contact. The Whole-Body 

Imaging platform, if you will, still remains 100 percent optional, so 

our travelers still have the option to not participate. 

It’s my understanding that the privacy concerns—and that, of 

course, is the most important balance that we have to maintain 

here, one of security and civil liberties—has been ensured by a 

number of steps that are in place for the operators of Whole-Body 

Imaging. 

Additionally, Senator, I’d like to mention, as whole-body imaging 

fits into another category, we’ve reached out to specific religious 

groups that have come to us in Los Angeles and expressed some 

concern that they might be singled out for this kind of technology. 

We’ve partnered with the Sikh community. They now participate in 

the training of our officers. We’ve partnered with the Muslim community and now we have several imams who vet our training material. 

So we believe again reaching out to the stakeholders, reaching 

out to the persons who travel, forming and building very important 

relationships with people to explain, if you will, why we do what 

we do and what kind of impact it would have, I think is the way 

of going forward to ensure that we have their cooperation and the 

most secure system possible. 

Senator UDALL. Thank you. 

Now, no single technology is a cure-all for aviation security. Drug 

smugglers already swallow and insert packets of drugs into their 

bodies to avoid detection at airport security. News reports about an 

attempted assassination of a Saudi prince reveal that an al Qaeda 

terrorist detonated explosives hidden inside his body. He apparently avoided detection despite two sets of airport security and palace security. 

29 

My understanding is that WBI machines cannot detect explosives 

hidden inside of the body. Is that correct? 

Mr. SOUTHERS. Senator, to my understanding that’s correct. 

Senator UDALL. If so, does it make sense to spend more than $100,000 per WBI machine for a technology that we already know 

can be circumvented? 

Mr. SOUTHERS. Senator, as risk would indicate, I know of that 

one instance that you refer to of the Saudi prince and I don’t know 

of any others. It would seem that our greatest risk here is those 

prohibited items that are still being carried outside the body. One 

of the things that I think would be critical going forward is in fact 

to become more interdisciplinary in our approach. As you know, I 

am an Associate Director at one of the DHS centers of excellence, 

which is out of the Science and Technology Directorate. Technology 

will never be 100 percent, but it certainly can move us into addressing tomorrow’s threat, which it appears internal improvised 

explosive devices may be tomorrow’s threat. So it is something I 

look forward to, if confirmed, working on further, engaging with 

our science and technology community to see if, in fact, those kinds 

of countermeasures can be implemented. 

Senator UDALL. Great. And we would like to work with you very 

carefully on that to see if any additional legislative changes or resources need to be put into that. Thank you very much. 

Thank you, Mr. Chairman. 

Mr. SOUTHERS. Thank you, Senator. 

The CHAIRMAN. Thank you very much. 

Senator DeMint is next up. Is he out? So then that will be Senator LeMieux, and welcome. 

STATEMENT OF HON. GEORGE S. LEMIEUX, 

U.S. SENATOR FROM FLORIDA 

Senator LEMIEUX. Thank you, Mr. Chairman. 

Mr. Southers, thank you for submitting yourself, again submitting yourself for public service. I enjoyed our conversation earlier 

today. I just want to talk about a couple of broad topics that you 

and I discussed. 

There is obviously a balance between what you do in terms of 

protecting the public and then interacting, the folks at TSA, interacting with our citizens. We talked about the fact that most people 

in America don’t have a lot of connection or contact with their government directly, but this is one place that they do. 

So, I’d like for you to kind of repeat for the group here today and 

the other Senators on the panel some of the things that we talked 

about about the importance of treating people who come through 

TSA as customers, as well as looking to make sure that we have 

safe travel. 

Mr. SOUTHERS. Thank you, Senator. My vision for TSA, if confirmed, would be no less than hoping to lead this organization to 

the next level so that it could become an international model for 

transportation security. The four law enforcement agencies that I 

have had privilege to work for, two in a chief capacity, I attended 

the training academies for those agencies. If confirmed, I would appreciate the opportunity to attend Transportation Security Officer 

training and Federal Air Marshall training so that I can have a full 

30 

understanding of what it is they understand, how they’re trained, 

what they do, and how they’re able to do such a good job. 

It has been my experience that when we invest in our people 

they invest in the organization, they internalize the mission and 

our values, and everyone is the better for it. I’m very proud today 

to have two officers behind me who I happen to have sat on their 

promotional panels. We offer education incentives to our officers. 

We encourage professional development and leadership development. Both of these officers behind me got their master’s degrees 

within the last year and one of them is a graduate of our executive 

program in counterterrorism at USC. 

These are tomorrow’s leaders, and I would hope that some day, 

Senator, that the nominee for this position as a result of professional development and leadership development would come from 

the ranks and perhaps is a screener today at a checkpoint somewhere in America. 

Senator LEMIEUX. Thank you. 

We also talked about the CLEAR program, which currently, as 

I understand it, is no longer in use or is in suspension. This is a 

program that allows frequent travelers to be able to circumvent 

some of the normal portions of the airport screening because they 

have been properly vetted. Can you talk about the CLEAR program, whether we’re going to see it again? It’s very important for 

businesspeople who are traveling around this country to be able to 

do so efficiently and effectively so they can do the work that they 

need to do to make sure that our country continues to have a 

strong economic engine. Can you talk about the CLEAR program 

and your thoughts about it? 

Mr. SOUTHERS. Well, Senator, as you know, the CLEAR program 

was part of a registered traveler program where we had a vetted 

population that submitted biographical information and biometric 

information for a card that they would subsequently obtain. I 

would imagine that everyone here is a frequent traveler, and if 

we’re going to be a risk-driven organization it would appear that 

moving forward, if confirmed, it’s something I’d like to explore very 

heavily that if we could have a vetted population that we would 

never compromise security and it would still have to be submitted 

to the checkpoint for prohibited items, we could then focus on the 

risk, which in fact is the unvetted population or those travelers 

that remain. 

I think it would be a very wise and efficient use of our resources, 

and I think it would make the expeditious throughput of our vetted 

personnel easier to attain. 

Senator LEMIEUX. Thank you, Mr. Southers. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very much, Senator LeMieux. 

Now Senator Thune. 

STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator THUNE. Thank you, Mr. Chairman. 

Mr. Southers, I want to also congratulate you and express my appreciation for your willingness to serve and that of your family as 

well. It’s nice that you have many of them with you here today. We 

31 

appreciate the sacrifice that comes with public service and that certainly applies to families as well. 

I appreciate also the extensive background that you have when 

it comes to matters of aviation security and law enforcement, and 

we look forward to having you serve at TSA. 

There’s one question I think in particular that we face in all of 

the challenges of dealing with terrorist threats and everything else. 

That is, how do we keep the country safe? We’ve done, I think, a 

good job of that. There are ongoing changing terrorist threats that 

we have to react to, and I think perhaps one of the biggest issues 

and challenges we have to deal with is just public complacency and 

a lack of understanding when it comes to some of the screening 

protocols that have been put in place. 

I know that since 9/11, we’ve had a lot of heightened understanding by the public when it came to accepting some of these 

new security measures. But at the same time, it’s still a challenge 

to help continue to educate the public about what all of these 

things mean, in particular, those who aren’t frequent travelers. 

But I’d be curious in knowing just what some of your thoughts 

might be about what you would do as the Assistant Secretary at 

TSA to address the issue of public complacency. 

Mr. SOUTHERS. Thank you, Senator. TSA has embarked on a 

‘‘Why’’ campaign. The ‘‘Why’’ campaign is explaining the everyday 

practices and protocols of our security procedures so that the public 

can understand the methodologies that we’re engaging in. One of 

the things that I’ve noticed in societies where challenges or the risk 

is much greater, such as the Middle East, where I travel quite frequently, and in London, those societies seem to have become more 

resilient because they have educated and made their public more 

aware. 

If confirmed, I would look forward to an education and awareness program that’s attached to the ‘‘Why’’ campaign of TSA, so 

that we could make our society more resilient. I think if we have 

a public that internalizes our vision and understands what our 

mission is, they too become part of the security system. 

Along with that, I think it’s very important then to invest in our 

people at TSA. As I mentioned earlier, investing in our workforce, 

making sure they understand why they’re so important to what we 

do, and they will again make the organization better and make us 

more efficient. 

The last piece would be one of technology. In explaining why, it’s 

important that people understand what the technology does, and 

what it doesn’t do. We need to be engaged with the science and 

technology community in looking at the appropriate technology for 

the right environment with the skill sets of our workforce to provide the best security. 

Senator THUNE. I want to follow up on that question. This certainly isn’t any reflection on you, but earlier this year, I was 

alarmed by the treatment that a number of veterans from South 

Dakota received when they traveled to our Nation’s capital as part 

of the honor flight program. You may be familiar with that. It’s a 

program which allows World War II veterans from across the country to come and have the opportunity to visit our Nation’s capital 

as a way of saying thank you to them for their service. 

32 

I think probably the most disturbing part of that visit were the 

reports that I received from some of those World War II veterans 

who expressed frustration with the way that they were treated by 

TSA screeners at Dulles Airport. There were about 118 veterans on 

the trip, and they passed through the security screening at Sioux 

Falls Regional Airport when they came to Washington without any 

trouble. But when preparing to return to South Dakota via Dulles, 

a number of measures were taken which subjected many of these 

brave men and women to what I would classify as disrespectful 

scrutiny. 

Outside of being forced to wait through long lines, one veteran 

who utilized a cane was told to walk through the metal detector 

unassisted. It was also reported that another veteran had his oxygen tank taken away for screening and was forced to wait without 

oxygen while his tank was screened. A number of veterans reported 

that the TSA screeners were rude and unhelpful. 

Now, these reports I know—as I said, the majority of TSA 

screeners are very professional. I, like most of my colleagues, travel 

a lot. But I think it underscores sometimes the disconnect that can 

exist between some of the guidelines and how those are carried out 

by TSA employees, and particularly with a population like that, 

which probably doesn’t travel frequently and has some unusual, I 

would say, needs with regard to the screening process. 

So, I know that the TSA employees don’t always receive the recognition that they deserve when it comes to keeping the traveling 

public safe. But incidents like this that were reported by World 

War II veterans from South Dakota call for just a little different 

way of dealing with a flight like that and a population like that 

that, as I said before, is pretty extraordinary, many of whom are 

in their 80s, some of whom are in their 90s. 

So my question in all this is for your thoughts about that. What 

ideas or policies would you suggest that might correct or remedy 

that situation or situations like that going forward? 

Mr. SOUTHERS. Senator, first, although not confirmed, but at 

least as an American, you have my apologies for those men and 

women who served our country and were treated that way. It appears that we have perhaps two issues here. First is one of training, the appropriate training so that we can address populations 

like that in the future and do it in a sensitive way that ensures 

our security protocols are in place and we’re able to have appropriate throughput. 

Second is one of organizational values. That comes from leadership. I, as you know, command a police department. When we have 

instances like this, it’s very important that we just not only address the citizen who might have felt the conduct was inappropriate, but we address our entire department using that as an example and we learn from it, because we don’t want to repeat it. 

But it starts with me as a Chief and it’s filtered down and it’s 

embraced by the entire organization that there are certain values, 

certain behaviors, that are appropriate and certain that will not be 

tolerated. I think that’s a critical element to success in dealing with 

these kinds of issues in the future. 

Senator THUNE. I would appreciate any steps you can take to 

make sure that that situation doesn’t happen again. We’ve obviVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000036 Fmt 06633 Sfmt 06601 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
33 

ously got a lot of these honor flights. In fact, we have another one 

coming in from South Dakota tomorrow, and they are from all over 

the country and it is a very, very deserving group of people who 

we want to honor. Obviously, this experience, which was—I have 

to say we got a lot of feedback on that from folks on that trip. 

So, I would appreciate any steps that you can take to make sure 

that that doesn’t happen again. 

Mr. SOUTHERS. Thank you, Senator. 

Senator THUNE. Thank you. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Thune. 

Senator Udall, do you have further questions? 

Senator UDALL. No. No, Mr. Chairman, I don’t. 

The CHAIRMAN. Do you feel badly about that? 

Senator UDALL. Not at all, not at all. I want to move on to Dr. 

Gallagher. 

Mr. SOUTHERS. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very, very much. 

Do you have anyone you want to introduce? What about those 

heroes of the future right behind you? 

Mr. SOUTHERS. I’d like to introduce Sergeant Tarek Azmy, who 

was one of my intelligence officers prior to getting promoted, so he 

lost his privileges there and had to go back in uniform; and Sergeant William Hanley, who was in my dignitary protection unit 

and lost his suit and had to go back in uniform, two of our finest, 

and I’m happy that they traveled here today. 

Thank you. 

The CHAIRMAN. Thank you, sir. 

Mr. Robinson—I mean, Mr. Gallagher. 

[Pause.] 

The CHAIRMAN. Senator Udall, if you would be prepared to introduce our nominee for NIST. 

Senator UDALL. I am prepared, Mr. Chairman. Thank you very 

much, and other distinguished members of the Committee. 

Today I’m pleased to recommend Dr. Patrick Gallagher for the 

position of Director of the National Institute of Standards and 

Technology. He’s accompanied by his wife, Karen and, as he said, 

‘‘my three sons.’’ 

Dr. Gallagher is highly qualified for this role and already serves 

as the agency’s Acting Director. His curriculum vitae would be too 

long to recite here. Yet it is worth noting that he first joined NIST 

16 years ago as a physicist and has since held numerous leadership 

positions at the agency. He earned his Ph.D. in physics at the University of Pittsburgh and has an undergraduate degree from Benedictine College in Kansas. 

Patrick Gallagher began his academic career, however, in the Albuquerque public schools and earned his first diploma from St. 

Pius High School. So in addition to being an accomplished scientist 

and public servant, he is a New Mexican. 

Dr. Gallagher’s aptitude for science may come from his father, 

who came to New Mexico in the 1960s to work at Sandia National 

Laboratory. His parents, John and Clair Gallagher, raised young 

Patrick and three daughters in the Northeast Heights area of AlbuVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000037 Fmt 06633 Sfmt 06601 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
34 

querque, and I understand from Patrick that they’re watching by 

webcast as we speak here. 

As a young man in Albuquerque, Dr. Gallagher developed a 

strong commitment to public service that continues to this day. He 

joined the volunteer organization Amigos de los Omaticas and 

spent summers working on public health and sanitation projects in 

Ecuador, Honduras, and Mexico. After earning his bachelor’s degree, he taught math and science to high school students in St. Joseph, Missouri. 

Dr. Gallagher then decided to pursue his true passion for science 

and became a physicist, a career path that led him to the National 

Institute of Standards and Technology. 

NIST is an often-unappreciated agency. Yet its work enhances 

our quality of life in many ways. Numerous products and services 

rely in some way on technology, measurement, and standards provided by NIST. Some examples include bank ATM machines, bulletproof vests worn by police, and medical diagnostic tools such as 

X-rays and mammograms. 

The agency’s scientists have won many awards, including Nobel 

Prizes, for their research. In addition, NIST manufacturing extension partnership centers in all 50 states have helped thousands of 

small businesses grow. 

As NIST Director, Dr. Gallagher will be committed to enhancing 

NIST’s role as an agency that promotes American innovation, industrial competitiveness, and trade. I share President Obama and 

Secretary Locke’s confidence in Dr. Gallagher as a strong leader 

who can harness NIST’s talented workforce and resources to advance this mission. 

Chairman Rockefeller and members of the Committee, thank you 

for allowing me to recommend Patrick Gallagher to lead the National Institute of Standards and Technology. I look forward to 

working together with you on confirming Dr. Gallagher for this important position. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you. 

Actually, it would probably be a good idea at this point, Dr. Gallagher, Dr. Robinson, and Paul Martin, if you have any family, people that you’re vaguely familiar with that you want to introduce, 

we would welcome that. 

Dr. GALLAGHER. I’d be delighted to introduce my family, who is 

with me today: my wife Karen, my sons Devon, Sean, and Ryan, 

who were it seems happy to be out of school to support me today, 

and I appreciate that; and also my family who’s watching and my 

many colleagues at NIST who are supporting me in cyberspace. 

The CHAIRMAN. Dr. Robinson. 

Dr. ROBINSON. I’d like to introduce my two children, Andrew and 

Dana, my niece Robin, and my significant other, Douglas 

Holzhaken. And I’d also like to say hi to my family and friends out 

in cyberspace, especially my mother. 

The CHAIRMAN. Well done, well done. 

Dr. ROBINSON. Especially my mother back in Seattle, who makes 

me very proud every day, and my sisters and brother and their 

families, who are just tops people, who are watching from my 

brother’s house. 

35 

The CHAIRMAN. Otherwise you have no emotional feelings at all. 

[Laughter.] 

The CHAIRMAN. Mr. Martin. 

Mr. MARTIN. Mr. Chairman, I’d like to recognize my parents, 

Jean and George Martin, my in-laws Steven and Christine Liu. 

Two of my five siblings are here, Susan Brazill and Diane Murray, 

and their husbands, both named Tim; their children; several colleagues from the Department of Justice; and perhaps most importantly, my wife, Rebecca Liu, and my three daughters, Anna, 

Emily, and Grace. 

The CHAIRMAN. Good. Why did you say ‘‘perhaps’’? 

[Laughter.] 

The CHAIRMAN. We have to have a little humor around here. 

All right. Dr. Gallagher, why don’t you proceed. 

STATEMENT OF PATRICK GALLAGHER, PH.D., DIRECTORDESIGNATE, NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE 

Dr. GALLAGHER. Chairman Rockefeller, thank you very much. 

Distinguished members of the Committee: It really is a great honor 

to appear before you today as the nominee for the position of Director of the National Institute of Standards and Technology. As Senator Udall noted in his wonderful introduction—and I appreciate 

that very much—I was born and raised in Albuquerque, New Mexico, went to school in Kansas to study physics and philosophy, and 

ended up teaching high school science and math for one year in St. 

Joseph, Missouri. 

I returned to graduate school at the University of Pittsburgh to 

pursue my interest in physics. And this slow eastward drift, finally 

culminated in my arrival at NIST 16 years ago. Since then my entire professional career has been in public service as a Federal employee working at NIST, starting as a beam line research scientist 

at the NIST Center for Neutron Research and serving finally as the 

director of the center and most recently as Deputy Director for the 

agency. 

I have had a wonderful, challenging career as a public servant. 

It is, therefore, a profound privilege and honor to have President 

Obama nominate me to serve as Director of NIST. 

I also want to thank Secretary Locke for his tremendous support 

for NIST and for placing his trust in me by recommending me for 

this position. If confirmed, I look forward to working closely with 

each one of you on the Committee to ensure that NIST continues 

to support its essential mission. 

Since its founding in the middle of the Nation’s Industrial Revolution, NIST, or as it was known up until 1988, the National Bureau of Standards, had a clear mandate to promote U.S. innovation 

and industrial competitiveness by advancing measurement science, 

standards, and technology in ways that enhance our economic security and improve our quality of life. 

For over 108 years NIST has carried out this role and made essential contributions to industry, science, public safety, and national security. Many of the technologies and measurements that 

we take for granted today are based on results of groundbreaking 

research at NIST and the transfer of that technology and knowVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000039 Fmt 06633 Sfmt 06601 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
36 

how into practice. Radio and telecommunications, radar, lasers, 

household smoke detectors, and computers are a few examples from 

a very long list. 

Federal agencies depend on NIST for key measurements to support their missions. U.S. manufacturers depend on NIST to address 

critical measurement problems, to develop and promote new technologies, to disseminate data on best practices, and to ensure that 

there is a fair and equitable market and reliable supply chain 

through effective standards and a traceable system of measurements. 

This is a remarkable history and it’s one which I’ve been privileged to be a part of for the past 16 years. I believe that this outstanding legacy of achievement is built on a foundation of excellence, dedication, and integrity on the part of the entire NIST staff. 

The NIST reputation for getting it right, for impartiality, and for 

hard work are well deserved and have resulted in a remarkably 

productive national asset. NIST is a crown jewel of the Nation’s 

science and technology enterprise. 

Today’s world is quite different from the one 108 years ago, but 

I believe that the critical importance of NIST to the Nation has 

grown. Today NIST is deeply engaged in some of the most urgent 

and critical challenges facing our country, including the smart grid, 

cybersecurity, electronic health records, climate change, and promoting manufacturing in this country. NIST expertise in measurement science and standards touches on these and many other sectors. 

The President has emphasized that our economic prosperity depends on our ability to lead the world in innovation. It is the foundation for creating high-quality jobs for all Americans. Secretary 

Locke has focused the work of the Department of Commerce on this 

critical task to put the country back to work and build the foundation for long-term economic prosperity. 

NIST is a key part of these strategies. In my view, NIST has 

never been in a more important position and it has never been so 

important to the country that NIST succeed. Building upon the 

foundations of its talented workforce, its world-leading capabilities, 

and its legacy of working closely with industry and other stakeholders, NIST is ready to meet these challenges. If confirmed, I 

look forward to leading NIST in that effort. 

As you can tell, I am passionate about the work before us. I am 

deeply humbled and honored to be considered for this position, and 

if confirmed, I pledge to work in close cooperation with this committee and with all of Congress to develop effective solutions to 

these challenges. 

I’m grateful for your consideration of my nomination and for the 

opportunity to address you, and I am looking forward to any questions you may have. 

[The prepared statement and biographical information of Dr. 

Gallagher follows:] 

37 

PREPARED STATEMENT OF PATRICK GALLAGHER, PH.D, DIRECTOR-DESIGNATE, 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, U.S. DEPARTMENT OF COMMERCE

Chairman Rockefeller, Ranking Member Hutchison, and distinguished members of 

the Committee, it is a great honor to appear before you today as the nominee to 

be the Director of the National Institute of Standards and Technology. 

With your permission before I begin my statement, I would like to introduce you 

to my wife, Karen, and my three sons, Sean, Devin, and Ryan, who graciously 

skipped work and school this afternoon to be with me today. 

I am a life-long scientist. I believe in the power of both basic research and of 

standardization to propel economic growth and improve our standards of living. I 

am committed to public service. If confirmed as Director, I look forward to combining these passions and managing NIST as it enters a new era. 

I was born and raised in Albuquerque, New Mexico, and went to college in Kansas 

to study Physics and Philosophy. After teaching high school science and math for 

one year in Missouri, I returned to graduate school at the University of Pittsburgh 

to pursue my interest in physics. This slow, eastward drift finally culminated in my 

arrival at NIST 16 years ago. Since then, my entire professional career has been 

in public service as a Federal employee working at NIST, first as a beam line researcher at the NIST Center for Neutron Research, then serving as the Director of 

that Center, and most recently serving as Deputy Director for NIST. 

I have had a wonderful, challenging career as a public servant. It is, therefore, 

a profound privilege and honor to have President Obama nominate me to serve as 

Director of NIST. I also want to thank Secretary Locke for his tremendous support 

for NIST and for placing his trust in me by recommending me for this position. If 

confirmed, I look forward to working closely with all members of this Committee to 

ensure that NIST continues to perform its essential mission—and improves upon its 

core functions. 

Since its founding in the middle of the Nation’s industrial revolution, NIST—or 

as it was known up until 1988, the National Bureau of Standards—has had a clear 

mandate to promote U.S. innovation and industrial competitiveness by advancing 

measurement science, standards, and technology that enhance economic security 

and improve our quality of life. For more than 108 years, NIST has carried out this 

role and made essential contributions to industry, science, public safety, and national security. Many of the technologies and measurements we take for granted 

today are based on the results of groundbreaking research at NIST and the transfer 

of that technology and know-how into practice: radio and telecommunications, radar, 

lasers, household smoke detectors, and computers. It is a very long list. Federal 

agencies depend on NIST for key measurement technologies to support their missions. U.S. manufacturers depend on NIST to address critical measurement problems, to develop and promote new technologies, to disseminate data and best practices, and to ensure that there is a fair and equitable market and a reliable supply 

chain through effective standards and a traceable system of measurements. 

This is a remarkable history, and one which I’ve been privileged to be part of for 

the past 16 years. I believe that this legacy of achievement is built on a foundation 

of excellence, dedication, and integrity on the part of the NIST staff. The NIST reputation for ‘‘getting it right,’’ for impartiality and for hard work are well deserved 

and have resulted in a remarkably productive national asset. NIST is a crown jewel 

of the Nation’s science and technology enterprise. 

Today’s world is quite different from the one 108 years ago, but I believe that the 

critical importance of NIST to the Nation is not only undiminished, but has grown. 

Today, NIST is deeply engaged in some of the most urgent and critical challenges 

facing our country, including the Smart Grid, cybersecurity, electronic health 

records, climate change, and manufacturing. NIST expertise in measurement 

science and standards touches on these and many other sectors. 

The President has emphasized that our economic prosperity depends upon our 

ability to lead the world in innovation. It is the foundation for creating high quality 

jobs for all Americans. Secretary Locke has focused the work of the Department of 

Commerce on this critical task to put the country back to work and build the foundations for long term economic prosperity. NIST is a key part of these strategies. 

Its mission is uniquely focused to provide critical expertise to address these particular challenges. In my view, NIST has never been in a more important position, 

and it has never been so important to the country that NIST succeed. Building upon 

the foundations of its talented work force, its world leading capabilities, and its legacy of working closely with industry and other stakeholders, NIST is ready to meet 

these challenges. If confirmed, I look forward to leading NIST in that effort. 

38 

As you can tell, I am passionate about the work before us. I am humbled and honored to be considered for this position and, if confirmed, I pledge to work in close 

partnership with Congress to develop effective solutions to these challenges. 

I am grateful for your consideration of my nomination and for the opportunity to 

address the Committee. I look forward to any questions you may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Patrick David Gallagher. 

2. Position to which nominated: Director, National Institute of Standards and 

Technology. 

3. Date of Nomination: October 7, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: 100 Bureau Drive, Gaithersburg, MD 20899–1000. 

5. Date and Place of Birth: March 29, 1963; Albuquerque, NM. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Spouse: Karen Jane Gallagher, Occupational Therapist, Potomac Valley 

Orthopaedic Associates, 3414 Olandwood Court, Olney, MD 20832; children: Sean 

Patrick Gallagher, age 17; Devin Scott Gallagher, age 14; Ryan Michael Gallagher, 

age 12. 

7. List all college and graduate degrees. Provide year and school attended. 

1991—PhD, Physics, University of Pittsburgh, Pittsburgh, PA. 

1987—M.S., Physics, University of Pittsburgh, Pittsburgh, PA. 

1985—BA, Physics and Philosophy, Benedictine College, Atchison, KS. 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

1985–86—High School Teacher, Bishop LeBlond High School, 8529 Frederick 

Avenue, St. Joseph, MO 64507. 

1986–1991—Graduate Student/Research Assistant, University of Pittsburgh, 

100 Allen Hall, Pittsburgh, PA 15260. 

1991–1993—Research Associate, Boston University, 590 Commonwealth Avenue, Boston, MA 02215. 

1993–2004—Physicist, NIST, 100 Bureau Drive, Gaithersburg, MD 20833. 

1998–present—Leader, Research Facilities Operations Group, NIST Center for 

Neutron Research. 

1999–2001—Agency Representative, National Science and Technology Council, 

White House Office of Science Policy and Technology (detail). 

2004–2008—Director, NIST Center for Neutron Research (SES). 

2008–present—Deputy Director, NIST (and acting as Director). 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years. 

Member, Math and Physical Sciences Advisory Committee, National Science 

Foundation (2008). 

Chair, Interagency Working Group on Neutron Science, National Science and 

Technology Council, Office of Science and Technology Policy (2000–2008). 

Chair, Interagency Working Group on Synchrotron Light Sources, National 

Science and Technology Council, Office of Science and Technology Policy (2002– 

2008). 

Member, SNS Neutron Sciences Advisory Board (2007–2008). 

Member, 2006 DOE/BES Committee on Visitors, Division of Materials Science 

and Engineering. 

Member, 2007 DOE/BES Committee on Visitors, Scientific User Facilities Division. 

39 

Member, Neutrino Facility Advisory Committee, Board on Physics and Astronomy, National Research Council (2002–2003). 

Member, Committee for an Assessment of and Outlook for New Materials Synthesis and Growth, Board on Physics and Astronomy, National Research Council (2007–2009). 

Acting Chair, NIST Ionizing Radiation Safety Committee (2003–2008). 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years: None. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Organization Dates 

Restricted 

Membership 

Policy? 

Tanterra (neighborhood) pool membership Since 1993 No 

USA Swimming (for officiating at meets) Since 2007 No 

American Association for the Adv. Of Science Since 2000 No 

American Physical Society 1991–2005* No 

* Intermittent membership over period 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: None. 

15.List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Sigma Xi Honor Society, elected 1987. 

Sigma Pi Sigma Honor Society, elected 1994. 

2007 Department of Commerce Gold Medal. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Scientific Journal Articles 

1. P. D. Gallagher and J. V. Maher, ‘‘Adsorption and Wetting on Moveable 

Walls’’ in Festschrift for Michael E. Fisher, eds. E. Domany and D. Jasnow, 

Physica A 177, 489 (1991). 

2. P. D. Gallagher and J. V. Maher ‘‘Partitioning of Polystyrene Latex Spheres 

in Immiscible Critical Liquid Mixture’’, Phys. Rev. A 46, 2012 (1992). 

3. P. D. Gallagher, M. L. Kurnaz, and J. V. Maher, ‘‘Aggregation in PolystyreneSphere Suspensions in Near-Critical Binary Liquid Mixture’’, Phys. Rev. A 46, 

7750 (1992). 

4. Sharon C. Glotzer, Rama Bansil, Patrick D. Gallagher, Mark F. Gyure, 

Francesco Sciortino, and H. Eugene Stanley, ‘‘Physical Gels and Microphase 

Separation in Multiblock Copolymers’’, Physica A 201, 482 (1993). 

5. P. Lambooy, T. P. Russell, G. J. Kellogg, A. M. Mayes, P. D. Gallagher, and 

S. K. Satija, ‘‘Observed Frustration in Confined Block Copolymers’’, Phys. Rev. 

Lett. 72, 2899 (1994). 

6. Huai Zhang, P. D. Gallagher, S. K. Satija, R. M. Lindstrom, R. L. Paul, T. 

P. Russell, P. Lambooy, and E. J. Kramer, ‘‘Grazing Incidence Prompt Gamma 

Emissions and Resonance-Enhanced Neutron Standing Waves in a Thin Film’’, 

Phys. Rev. Lett. 72, 3044 (1994). 

40 

7. Thomas P. Russell, Peter Lambooy, John G. Barker, Patrick Gallagher, 

Sushil K. Satija, Gregory J. Kellogg, and Anne M. Mayes, ‘‘Small Angle Neutron 

Scattering Studies on Ultrathin Films’’, Macromolecules 28, 787 (1995). 

8. Nagraj Koneripalli, Navjot Singh, Rastislav Levicky, Frank S. Bates, Patrick 

D. Gallagher, and Sushil K. Satija, ‘‘Confined Block Copolymer Thin Films’’, 

Macromolecules 28, 2897 (1995). 

9. Huai Zhang, S. K. Satija, P. D. Gallagher, J. A. Dura, K. Ritley, C. P. Flynn, 

and J. F. Ankner, ‘‘Grazing-incidence neutron diffraction by thin films with resonance enhancement’’, Phys. Rev. B 52, 17501 (1995). 

10. S. K. Satija, H. Zhang, P. D. Gallagher, R. M. Lindstrom, R. L. Paul, T. P. 

Russell, P. Lambooy, and E. J. Kramer, ‘‘Resonance Enhanced Neutron Standing Waves in Thin Films’’, Mat. Res. Soc. Symp. Proc. 376, 259 (1995). 

11. Fragneto, J. R. Lu, D. C. McDermott, R. K. Thomas, A. R. Rennie, P. D. 

Gallagher, and S. K. Satija, ‘‘Structure of Adsorbed Layers of Tetraethylene 

Glycol Monododecyl Ether Adsorbed on Self-assembled Monolayers on Silicon: 

A Neutron Reflectivity Study’’, Langmiur 12, 477 (1996). 

12. G. J. Kellogg, D. G. Walton, A. M. Mayes, P. Lambooy, T. P. Russell, P. D. 

Gallagher, and S. K. Satija, ‘‘Observed Surface Energy Effects in Confined 

Diblock Copolymers’’, Phys. Rev. Lett. 76, 2503 (1996). 

13. S. Kent, B. J. Factor, Sushil Satija, Pat Gallagher, G. S. Smith, ‘‘Structure 

of Bimodal Polymer Brushes in a Good Solvent by Neutron Reflectivity’’, 

Macromolecules 29, 2843 (1996). 

14. Yonglin Xie, Karl F. Ludwig, Jr., Rama Bansil, Patrick D. Gallagher, 

Cestmir Kaiak, and Guarionex Morales, ‘‘Time-Resolved Small Angle X-ray 

Scattering Studies of Spinodal Decomposition Kinetics in a Semidilute Polystyrene-Dioctyl Phthalate Solution’’, Macromolecules 29, 6150 (1996). 

15. S. K. Satija, P. D. Gallagher, A. Karim, L. J. Fetters, ‘‘Neutron reflectivity 

study of a chemically end-grafted polystyrene brush in a binary solvent mixture’’, Physica B 248, 204 (1998). 

National Academy Reports (as a contributing member of the committee) 

Neutrinos and Beyond: New Windows on Nature (2003), Neutrino Facilities Assessment Committee. 

Frontiers in Crystalline Matter: From Discovery to Technology (2009), Committee for an Assessment of and Outlook for New Materials Synthesis. 

Talks (given while acting as Director of NIST) 

The following general staff or public talks contained general remarks about NIST 

and its programs. All were given in the capacity of Deputy Director of NIST: 

September 17, 2008—Safety at NIST, Blue Ribbon Commission on Safety—Gaithersburg, MD. 

October 6, 2008—Improving Safety at NIST, Blue Ribbon Commission on Safety—Boulder, CO. 

October 14, 2008—Welcoming Remarks, Combined Federal Campaign Kickoff— 

Gaithersburg, MD. 

October 16, 2008—NIST ‘‘Town Hall Meeting’’—Gaithersburg, MD. 

October 20, 2008—Remarks, NIST/UMBI Conference on Biosciences—Gaithersburg, MD. 

October 23, 2008—Remarks at World Standards Day—Washington, D.C. 

December 3, 2008—Welcome Address, NIST Annual Awards Ceremony—Gaithersburg, MD. 

January 26, 2009—Welcome to NRC Panel of Assessment, NCNR—Gaithersburg, MD. 

February 3, 2009—Deputy Director’s Overview, VCAT Meeting, Gaithersburg, 

MD. 

February 23, 2009—Welcome to NRC Panel of Assessment, CNST—Gaithersburg, MD. 

March 14, 2009—Welcoming Remarks, Adventures in Science—Gaithersburg, 

MD. 

April 7, 2009—Introduction of Secretary Locke to NIST Staff—Gaithersburg, 

MD. 

April 16, 2009—Welcoming Remarks, NIST Standards Alumni Association Annual Meeting—Willow Tree, Gaithersburg, MD. 

41 

April 20, 2009—Overview for the University-Federal Dialogue re: Responding to 

Energy and Environmental Challenges—Madison Hotel, Washington, D.C. 

April 20, 2009—Welcome to NRC Panel of Assessment for EEEL—Gaithersburg, MD. 

April 22, 2009—NIST ‘‘Town Hall Meeting’’—Gaithersburg, MD. 

April 23, 2009—NIST Boulder ‘‘Town Hall Meeting’’—Boulder, CO. 

April 28, 2009—Opening Remarks, First Workshop on Smart Grid Standards— 

Reston, VA. 

May 14, 2009—Association Meeting on NIST Budget—DOC, Washington, D.C. 

May 15, 2009—NIST: Promoting U.S. Innovation, Industrial Competitiveness, 

and Homeland Security—Gaithersburg, MD. 

May 19, 2009—Opening Remarks, Second Workshop on Smart Grid Standards—National Harbor, MD. 

June 9–10, 2009—Deputy Director’s Overview, VCAT Meeting—Gaithersburg, 

MD. 

June 12, 2009—Remarks to the June ANSI Caucus—Washington, D.C. 

June 25, 2009—Remarks, COMSCI Graduation—DOC, Washington, D.C. 

June 29, 2009—Opening Remarks for Setting the Standards for Competing 

Globally Workshop—Gaithersburg, MD. 

June 30, 2009—NIST’s Activities in Health IT—Cambridge, MA (MIT). 

July 7, 2009—Welcome to TIP Advisory Board—Gaithersburg, MD. 

August 3, 2009—Welcoming Remarks, Third Smart Grid Workshop—Chantilly, 

VA. 

August 6, 2008—Welcome to Smart Grid Cyber Security Coordination Task 

Group—Gaithersburg, MD. 

August 27, 2009—Supporting Economic Development With Metrology: NIST’s 

Experience, Opening of NIM Changping Campus, Beijing, China. 

September 15, 2009—Scripps Groundbreaking Remarks—San Diego, CA. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

Testified before the House Committee on Science and Technology on Monitoring, 

Measurement and Verification of Greenhouse Gas Emissions II: The Role of Federal 

and Academic Research and Monitoring Programs, April 22, 2009. 

Testified before the Senate Committee on Energy and Natural Resources on the 

progress on smart grid initiatives authorized in the Energy Independence and Security Act of 2007, March 3, 2009. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I have over 16 years of experience at NIST, encompassing work as a research scientist, group leader, division chief, facility director, and as acting director of the 

agency. Fourteen of my sixteen years at NIST have been in supervisory and leadership positions. I have a passion for the work that NIST does and a deep understanding of the strengths and weaknesses of the agency. I also have 18 months of 

experience as a detailee to the Office of Science and Technology Policy (late 1999- 

mid 2001) and have since had an active role in promoting interagency coordination 

particularly in the area of major scientific user facilities. I believe that the President 

has articulated a compelling vision for the critical role that science and technology 

can play in addressing our most pressing national needs. I wish to serve as NIST 

Director because I believe that my background and experience make me well suited 

to see that NIST can effectively address the challenge laid out by the President. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

My responsibilities as NIST Director are to ensure that NIST is effectively managed to: promote maximum efficiency; to ensure accountability over the use of all 

public resources—financial, information technology, and property; to develop and 

implement a strategic planning process to effectively focus the agency on the most 

urgent priorities; to implement the agency’s plans and ensure accountability for results; and to ensure that NIST is a safe, healthy and productive place to work. As 

42 

noted above, I have over 14 years of management and leadership experience at 

NIST, including 1 year acting in the capacity of NIST Director. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

Over the past year, I have communicated three major goals to the NIST staff: 

• Improve the focus of NIST programs and services so that they address the most 

urgent priorities and are properly coordinated with the work of other agencies, 

industry, and other institutions. 

• Improve the effectiveness and efficiency of NIST programs through better planning, decision-making, execution, and assessment and review; 

• Strengthen safety management at NIST. 

These goals are essential to the agency for several reasons. NIST’s broad mission 

and diverse, world-class technical capabilities represent incredible strengths for the 

organization. However, they also pose a problem: the NIST efforts can too easily become unfocused or too diffuse to achieve meaningful results. The breadth of NIST’s 

work also means that it is seldom concentrated in any one particular area. This 

means that NIST researchers must work closely with other agencies, industries, or 

other organizations to amplify the effectiveness of our work. The challenge at NIST 

is not a lack of talent, rather it is the need to effectively plan, develop, and implement programs so that efforts are effectively focused and coordinated to maximize 

impact. It also requires that our NIST staff have access to the best facilities and 

equipment and that work is performed in a way to ensure their safety and health. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

Only income is from Federal income and retirement is with FERS. (Spouse salary 

and 401(k) mutual fund information is included in financial disclosure forms). 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: No. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated: No. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated: None. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

As part of my responsibilities as Deputy Director of NIST I have participated in 

multiple meetings with senior Administration officials and Congressional staff on 

legislation affecting NIST. Similarly, from 1999–2001, as a NIST agency representative of the Office of Science and Technology Policy, I was a participant in preparing 

Administration responses to proposed legislation in coordination with the Office of 

Management and Budget. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

N/A, none apply since they are part of my official duties. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain: No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

43 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

RESUME OF PATRICK D. GALLAGHER

Federal Employment History 

National Institute of Standards and Technology, U.S. Department of Commerce 

(since June 1, 1993). 

Highest Grade: Senior Executive Service ES–1301 (since 2004). 

Education 

Ph.D. in Physics, 1991, University of Pittsburgh, Pittsburgh, PA 15260. 

M.S. in Physics, 1987, University of Pittsburgh, Pittsburgh, PA 15260. 

B.A. in Physics and Philosophy, 1985, Benedictine College, 1020 North St., Atchison, KS 66002. 

Professional Experience 

Deputy Director, National Institute of Standards and Technology, 2008–present. 

I carry out the responsibilities of NIST’s Director while the NIST Director position is vacant, including overall programmatic, management, and operational 

responsibility for NIST. The agency’s mission is to promote U.S. innovation and 

industrial competitiveness by advancing measurement science, standards, and 

technology. N1ST’s FY 2009 resources total $1.6 billion, including $819 million 

in appropriations from the Omnibus Appropriations Act of 2009, $610 million 

in funds from the American Recovery and Reinvestment Act, $48 million in 

service fees, and $125 million from other agencies. The agency employs about 

2,900 scientists, engineers, technicians, support staff and administrative personnel at two main locations in Gaithersburg, Maryland and Boulder, Colorado. 

Director, NIST Center for Neutron Research, 2004–2008. 

Overall management, programmatic, and operational responsibility for the 

NIST Center for Neutron research, a 20MW nuclear reactor-based facility and 

the Nation’s leading neutron research facility. Initiated a 5-year, $100M project 

to expand the facility, increasing the research capacity by 30 percent and increasing cost-effectiveness. The Center had over 100 Federal employees, over 60 

associate researchers, and an annual operating budget of approximately $30M 

(excluding expansion project). 

Leader, Research Facilities Operations Group, NIST Center for Neutron Research, 

1998–2004. 

Reporting directly to the Director of the NIST Center for Neutron Research, I had 

overall responsibility for all aspects of neutron scattering facility operations and 

neutron instrumentation development, including: design, fabrication, installation, 

operation and maintenance. The group had over 30 full-time employees and longterm guest researchers, and an annual budget of over $13M. 

Agency Representative, National Science and Technology Council, Office of Science 

Policy and Technology (detail), November 1999–June 2001. 

Working under the Associate Director for Science at the OSTP, I represented 

the Administration on a number of issues in the area of national science policy, 

44 

including: radiation safety and standards, large-scale science facilities, the government-university partnership, Federal laboratory reform, and science budgets. 

Physicist, NIST Center for Neutron Research, 1993–1998. 

Hired originally as an instrument responsible for the horizontal neutron reflectometer, I was responsible for the routine operation, maintenance and improvement of the instrument. In addition to the instrument responsibilities, I maintained an active research program. Later, I supervised the technical support 

teams (engineering and electronic technicians) and was the Beam Experiment 

Coordinator. In this capacity, I was responsible for the successful development 

of all NCNR beamlines and instruments and for ensuring that all scattering activities received full and appropriate safety approval and review. 

Research Associate, with Rama Bansil, Boston University, 1991–1993. 

Research activities in phase separation kinetics in polymeric systems, interfacial instabilities in non-equilibrium systems, and technique development in 

small angle light scattering, microscopy, and small angle x-ray scattering. 

Research Assistant, with James V. Maher, University of Pittsburgh, 1986–1991. 

Research activities in wetting phenomena, phase behavior in binary critical 

mixtures and colloidal systems, and interfacial instabilities in driven systems. 

Technique development in dynamic light scattering and video microscopy. 

Other Experience 

High School Teacher, LeBlond High School, St. Joseph, MO, 1985–1986. I taught 

one year at a four year high school as a math and science teacher. The teaching 

load was six contact hours per day teaching Physics, Chemistry, and Geometry. I 

additionally served as Head Coach for the cross-country track team. 

Research Interests 

Neutron scattering instrumentation development, including: neutron guide systems, small angle scattering, neutron reflectometry, and high resolution inelastic 

spectroscopy. Neutron and x-ray diffraction of nanoscale structure, especially in soft 

condensed matter systems such as liquids, polymers and gels. Experimental study 

of non-equilibrium structure and processes in complex condensed matter systems. 

Examples include: wetting and adsorption phenomena; phase behavior of structured 

polymers including polymer brushes, and linear and dendritic copolymers; kinetics 

of phase separation; and interfacial instability. 

Selected Professional Activities 

Member, American Association for the Advancement of Science. 

Member, Math and Physical Sciences Advisory Committee, National Science 

Foundation (2008) 

Chair, Interagency Working Group on Neutron Science, National Science and 

Technology Council, Office of Science and Technology Policy (since 2000) 

Chair, Interagency Working Group on Synchrotron Light Sources, National 

Science and Technology Council, Office of Science and Technology Policy (2002– 

2008) 

Member, SNS Neutron Sciences Advisory Board (2007–2008) 

Member, 2006 DOE/BES Committee on Visitors, Division of Materials Science and 

Engineering 

Member, 2007 DOE/BES Committee on Visitors, Scientific User Facilities Division 

Member, Solid State Sciences Committee, Board on Physics and Astronomy, National Research Council (2002–2004) 

Member, Neutrino Facility Advisory Committee, Board on Physics and Astronomy, 

National Research Council (2002–2003) 

Member, Committee for an Assessment of and Outlook for New Materials Synthesis and Growth, Board on Physics and Astronomy, National Research Council 

(2007–2009) 

Acting Chair, NIST Ionizing Radiation Safety Committee (2003–2008) 

Sigma Xi Honor Society, elected 1987 

Sigma Pi Sigma Honor Society, elected 1994 

Scientific Journal Articles 

1. P. D. Gallagher and J. V. Maher, ‘‘Adsorption and Wetting on Moveable Walls’’ 

in Festschrift for Michael E. Fisher, eds. E. Domany and D. Jasnow, Physica A 177, 

489 (1991). 

45 

2. P. D. Gallagher and J. V. Maher ‘‘Partitioning of Polystyrene Latex Spheres in 

Immiscible Critical Liquid Mixture’’, Phys. Rev. A 46, 2012 (1992). 

3. P. D. Gallagher, M. L. Kurnaz, and J. V. Maher, ‘‘Aggregation in PolystyreneSphere Suspensions in Near-Critical Binary Liquid Mixture’’, Phys. Rev. A 46, 7750 

(1992). 

4. Sharon C. Glotzer, Rama Bansil, Patrick D. Gallagher, Mark F. Gyure, 

Francesco Sciortino, and H. Eugene Stanley, ‘‘Physical Gels and Microphase Separation in Multiblock Copolymers’’, Physica A 201, 482 (1993). 

5. P. Lambooy, T. P. Russell, G. J. Kellogg, A. M. Mayes, P. D. Gallagher, and 

S. K. Satija, ‘‘Observed Frustration in Confined Block Copolymers’’, Phys. Rev. Lett. 72, 2899 (1994). 

6. Huai Zhang, P. D. Gallagher, S. K. Satija, R. M. Lindstrom, R. L. Paul, T. P. 

Russell, P. Lambooy, and E. J. Kramer, ‘‘Grazing Incidence Prompt Gamma Emissions and Resonance-Enhanced Neutron Standing Waves in a Thin Film’’, Phys. Rev. 

Lett. 72, 3044 (1994). 

7. Thomas P. Russell, Peter Lambooy, John G. Barker, Patrick Gallagher, Sushil 

K. Satija, Gregory J. Kellogg, and Anne M. Mayes, ‘‘Small Angle Neutron Scattering 

Studies on Ultrathin Films’’, Macromolecules 28, 787 (I995). 

8. Nagraj Koneripalli, Navjot Singh, Rastislav Levicky, Frank S. Bates, Patrick 

D. Gallagher, and Sushil K. Satija, ‘‘Confined Block Copolymer Thin Films’’, 

Macromolecules 28, 2897 (1995). 

9. Huai Zhang, S. K. Satija, P. D. Gallagher, J. A. Dura, K. Ritley, C. P. Flynn, 

and J. F. Ankner, ‘‘Grazing-incidence neutron diffraction by thin films with resonance enhancement’’, Phys. Rev. B 52, 17501 (1995). 

10. S. K. Satija, H. Zhang, P. D. Gallagher, R. M. Lindstrom, R. L. Paul, T. P. 

Russell, P. Lambooy, and E. J. Kramer, ‘‘Resonance Enhanced Neutron Standing 

Waves in Thin Films’’, Mat. Res. Soc. Symp. Proc. 376, 259 (1995). 

11. Fragneto, J. R. Lu, D. C. McDermott, R. K. Thomas, A. R. Rennie, P. D. Gallagher, and S. K. Satija, ‘‘Structure of Adsorbed Layers of Tetraethylene Glycol 

Monododecyl Ether Adsorbed on Self-assembled Monolayers on Silicon: A Neutron 

Reflectivity Study’’, Langmiur 12, 477 (1996). 

12, G. J. Kellogg, D. G. Walton, A. M. Mayes, P. Lambooy, T. P. Russell, P. D. 

Gallagher, and S. K. Satija, ‘‘Observed Surface Energy Effects in Confined Diblock 

Copolymers’’, Phys. Rev. Lett. 76, 2503 (1996). 

13. S. Kent, B. J. Factor, Sushil Satija, Pat Gallagher, G. S. Smith, ‘‘Structure 

of Bimodal Polymer Brushes in a Good Solvent by Neutron Reflectivity’’, 

Macromolecules 29, 2843 (1996). 

14. Yonglin Xie, Karl F. Ludwig, Jr., Rama Bansil, Patrick D. Gallagher, Cestmir 

Konak, and Guarionex Morales, ‘‘Time-Resolved Small Angle X-ray Scattering Studies of Spinodal Decomposition Kinetics in a Semidilute Polystyrene-Dioctyl Phthalate Solution’’, Macromolecules 29, 6150 (1996). 

15. S. K. Satija, P. D. Gallagher, A. Karim, L. J. Fetters, ‘‘Neutron reflectivity 

study of a chemically end-grafted polystyrene brush in a binary solvent mixture’’, 

Physica B 248, 204 (1998). 

Proceedings 

P. D. Gallagher and J. V. Maher, ‘‘Interaction of Colloidal Particles with Critical 

Liquid Mixtures’’, in Structure and Dynamics of Strongly Interacting Colloids and 

Supramolecular Aggregates in Solution, eds. Sow-Hsin Chen, John S. Huang, and 

Piero Tartaglia, (Kluwer Academic Publishers, Dordrcht, The Netherlands) 1992. 

The CHAIRMAN. Thank you very much. 

Dr. Robinson, would you like to give your testimony? 

STATEMENT OF ELIZABETH (BETH) ROBINSON, PH.D., CHIEF 

FINANCIAL OFFICER-DESIGNATE, NATIONAL AERONAUTICS 

AND SPACE ADMINISTRATION 

Dr. ROBINSON. Yes, thank you. Chairman Rockefeller and members of the Committee: Thank you for the opportunity to appear 

today while you consider—for me to appear today while you consider my nomination to be CFO at NASA. It’s an honor to be here 

and to have been introduced by Senator Cantwell. I also appreciate 

46 

the time that members have already taken to meet with me, and, 

if confirmed, I look forward to working with you to continue the 

Nation’s effort in pioneering space science and technology. 

If I may ask, Mr. Chairman, I’d like to submit my entire written 

testimony for the record. 

The CHAIRMAN. They’re all in, yes. 

Dr. ROBINSON. Excellent. 

I’m privileged to have been nominated by the President to this 

post, more so because in many ways being confirmed for this position would be like coming home. After growing up in Seattle and 

earning my Ph.D. in geophysics, I started my career as a 

geophysist working with NASA data. I eventually joined the staff 

of the House Committee on Science, Space, and Technology and 

worked for Chairman George Brown from California. Congressman 

Brown was a very wise man and someone I’m glad to have known 

before his untimely death. He loved science and he loved NASA. He 

was just thrilled every time he heard of a new NASA discovery, 

and his boundless optimism about the future of the Nation and its 

scientific underpinnings has remained with me to this day. 

If confirmed, I would commit to improving NASA’s strategic planning, budget, and financial performance to make that future vision 

more robust and attainable. I would work with NASA leadership 

and its dedicated professionals, especially those in the CFO office, 

who have been very ably led by Ron Spoehel, the current CFO. 

I would also work with the Congress, the White House, the private sector, and other key constituencies to meet the President’s 

and the Nation’s objectives for NASA, all the time undertaking the 

mission in the most effective and efficient manner possible, especially during a time when there are competing demands for our Nation’s resources. 

I believe that public service is a duty and a privilege. I have 

served as a career staff member for over 20 years in the Executive 

and Legislative branches, most recently as the Assistant Director 

for Budget at the Office of Management and Budget, and before 

that as Deputy at the Congressional Budget Office. 

I believe in the importance of creative and tenacious leaders in 

the Nation’s government agencies, and I’m enthusiastic about the 

opportunity, if confirmed, to address the challenges of the position 

of NASA CFO and to bring my budget, financial, and leadership experience into the service of NASA and the Federal Government. 

Mr. Chairman and members of the Committee, I thank you again 

for your consideration of my nomination and I look forward to 

working with you if confirmed. I also look forward to answering 

any questions you may now have. Thank you. 

[The prepared statement and biographical information of Dr. 

Robinson follows:] 

PREPARED STATEMENT OF ELIZABETH (BETH) ROBINSON, PH.D., CHIEF FINANCIAL

OFFICER-DESIGNATE, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Chairman Rockefeller, Ranking Member Hutchison, and members of the Committee, thank you for the opportunity to appear before you today as you consider 

my nomination for the position of Chief Financial Officer at the National Aeronautics and Space Administration (NASA). It is an honor to be here. I also appreciate the time Members of this Committee already have taken to meet with me, and, 

if confirmed, I look forward to working with the Committee to address the chalVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000050 Fmt 06633 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
47 

lenges of maintaining the Nation’s critical efforts to pioneer space science, technology, and exploration and aeronautics, while also undertaking key research programs to advance our knowledge and understanding of our own planet. 

I am privileged to have been nominated by the President to this post, more so, 

because, in many ways, being confirmed for this position would be like ‘‘coming 

home’’ for me. After growing up in Seattle, Washington, studying at the University 

of Washington, graduating from Reed College, and earning a PhD from the Massachusetts Institute for Technology, I started my career as a geophysicist, working 

with NASA data. I eventually joined the staff of the House Committee on Science, 

Space and Technology, where I worked for Chairman George E. Brown of California. 

Congressman Brown was a very wise man and someone that I am very glad I came 

to know well before his untimely death. He loved science, and he loved NASA. And 

he was just thrilled every time he heard of a significant new NASA discovery. His 

boundless optimism about the future of the Nation and its scientific underpinnings 

has remained with me to this day, as I am honored to be considered for the position 

of NASA Chief Financial Officer. 

If confirmed, I would commit to improving NASA’s strategic planning, budget and 

financial performance to make that future vision more robust and attainable. Working with Administrator Bolden, Deputy Administrator Garver, NASA’s dedicated 

professionals, Congress, the White House, the private sector, and other key constituencies, I would strive to meet the President’s and Nation’s objectives for NASA, 

while undertaking the mission in the most effective and efficient manner possible, 

especially during a time when there are other competing demands for our Nation’s 

resources. 

The position of Chief Financial Officer in any organization carries a tremendous 

responsibility as the pivotal point where budget, accountability, evaluation, and 

sound fiscal management all reside. Moreover, NASA has faced challenges in the 

performance of its financial and project management functions that must be addressed as quickly as possible. If confirmed, I would build upon the progress that 

NASA has already made, while continuing to improve the management, performance, and results for the Agency. 

Over my career, I am fortunate to have gained broad experience in strategic planning, budget, financial management and leadership. At the Office of Management 

and Budget, I enjoyed a unique perspective from which to learn about, and participate in, the planning, budget, financial and evaluation process of the Federal Government. At the House Science Committee and Congressional Office of Technology 

Assessment, I gained valuable expertise in research and development workforce 

issues, project planning and execution, and program oversight, and, more importantly, how to work with the Congress on those issues. My executive experience in 

several agencies also has provided direct experience in the leadership of complex organizations. If I am confirmed, I would bring to NASA broad experience within 

budget, finance and general management, as well as particular experience in coordinating the President’s Budget and related products. 

If confirmed, I would make it a priority to work closely with NASA leadership and 

each of the constituencies with which NASA’s CFO organization interfaces to understand the current key challenges which NASA and its CFO organization face. I 

would work with the CFO staff to focus appropriate attention and resources to ensure Agency success in meeting these challenges. I would also make it a priority 

to work with the staff to support Agency efforts to achieve unqualified audit opinions and be a first-class management organization. 

I believe public service is a duty, a privilege and an honor. I have served as a 

career staff member for over 20 years in the Executive and Legislative branches of 

government, and I believe in the importance of creative and tenacious leaders in the 

Nation’s government agencies. I am enthusiastic about the opportunity, if confirmed, to address the challenges of the position NASA Chief Financial Officer and 

to bring my budget, financial and leadership experience into the service of NASA 

and the Federal Government. 

Mr. Chairman and members of the Committee, I thank you, again, for your consideration of my nomination, and I look forward to answering any questions you 

may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (include any former names or nicknames used): Elizabeth M. Robinson 

(nickname: Beth). 

2. Position to which nominated: Chief Financial Officer, NASA. 

3. Date of Nomination: September 21, 2009. 

48 

4. Address (List current place of residence and. office addresses): 

Residence: Information not released to the public. 

Office: EEOB, Rm. 207, Executive Office of the President, Washington, DC 

20515. 

5. Date and Place of Birth: June 12, 1964; Chapel Hill, NC. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Son: Andrew R. Leinbach, 18; Daughter: Dana R. Leinbach, 15. 

7. List all college and graduate degrees. Provide year and school attended. 

Ph.D. in Geophysics, Massachusetts Inst. of Technology (1987). 

BA in Physics, Reed College (1982). 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Research Assistant and NSF Fellow, MIT., (1982–1987). 

Post-doctoral fellow/Assistant Professor, Stanford Univ. (1987–88). 

Congressional Science Fellow, Geological Society of America, Office of Cong. 

Gephardt (1988–89). 

Project Scientist and Project Director, Office of Technology Assessment (1989– 

1994)—while Project Director, led a team of three over the course of more than 

a year. 

Professional Staff Member, House Science Committee (1994–1998). 

Office of Management and Budget (1998–2003)—became Branch Chief (managing 15 people) in 2000; Deputy Asst. Director (managing 30 people) in 2002. 

Congressional Budget Office (2003–2005)—Deputy Director for an institution of 

235 people. 

Office of Management and Budget (2005-Present) Assistant Director for Budget, 

managing 67 people and leading the development of the Federal Budget. 

Adjunct Professor, George Washington University (2009). 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years: None. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years: None. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Unitarian Universalist Church of Arlington (Member). 

National Academy of Public Administration (Fellow, member of the finance 

board). 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: None. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: None. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Congressional Science Fellowship, Geological Society of America (1988). 

National Science Fellowship (1982–1985). 

49 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Robinson, E. M., Impact of the Americans with Disabilities Act on Bus Service, 

TR News, September-October 1993, pp. 22–23. 

Preparing for an Uncertain Climate, October, 1993; U.S. Congress, Office of 

Technology Assessment, Principal Analyst. 

Access to Over-the-Road Buses for Persons with Disabilities, May, 1.993; U.S. 

Congress, Office of Technology Assessment. Project Director. 

Chubin, D. E. and E. M. Robinson, Human Resources for the Research Work 

Force, Science and Public Policy, vol. 19, #6, December 1992, pp. 334–342. 

Chubin, D. E. and E. M. Robinson, Accounting for the Costs of Research: Some 

Policy Rethinking, Science and Public Policy, vol. 19, #3, June 1992, pp. 181– 

186. 

Robinson, E. M., Know thy Sponsor: Project Selection Methods at Federal Research Agencies, BioScience, vol 41, #8, September 1991, pp. 575–577. 

Chubin, D. E. and E. M. Robinson, Sound Science Policy Requires Better Data 

Management, The Scientist, vol. 5, #18, September 1991, pp. 11–13. 

Chubin, D. E. and E. M. Robinson, Data on the Federal Research System: What 

is Known and What’s Not?, Knowledge: Creation, Diffusion, Utilization, vol. 13, 

September 1991, pp. 49–78. 

Chubin, D. E., E. M. Robinson, N. Carson and J. Andelin, Research Priority Setting and the U.S. Congress, Science and Technology Policy, August 1991 pp. 9– 

13, 

Chubin, D. E. and E. M. Robinson, Setting Priorities is Imperative If We Are 

to Develop a Successful Federal Research Portfolio for the 1990s, The Chronicle 

of Higher Education, vol 37, June 5, 1991, pp. B1-B2. 

Federally Funded Research: Decisions for a Decade, May, 1991 U.S. Congress, 

Office of Technology Assessment. Principal Analyst. 

Robinson, E. M., Science and Engineering Indicators: What They Do (and Do 

Not) Tell Policymakers, proceedings of the R&D Colloquium of the American Association for the Advancement of Science, April 11–12, 1991. 

Robinson, E. M., Inside Congress, a series of news articles for News and Information of the Geological Society of America, March-September, 1989. 

Robinson, E. M., The topographic and gravitational expression of density anomalies due to melt extraction in the uppermost oceanic mantle, Earth and Planetary Science Letters, 90, 221–228, 1988. 

Robinson, E. M., B. Parsons and M. Driscoll, The effect of a shallow low viscosity zone on mantle convection and geoid and topography anomalies at fracture zones, Geophysical Journal, 93, 25–43, 1988. 

Robinson, E. M. and B. Parsons, The effect of a shallow low viscosity zone on 

the formation of mid-plate swells, Journal of Geophysical Res., 93, 3144–3156, 

1988. 

Robinson, E. M. and B. Parsons, The effect of a shallow low viscosity zone on 

small scale convective instabilities under the cooling oceanic plates, Journal of 

Geophysical Res., 93, 3469–3479, 1988. 

Robinson, E. M., B. Parsons and S. F. Daly, The effect of a shallow low viscosity 

zone on the apparent composition of mid-plate swells. Earth and Planetary 

Science Letters, 82, 335–349, 1987. 

Robinson, E. M., L. Shure and R. L. Parker, Recovering seamount magnetism: 

An inverse approach, EOS, 65, 198, 1984 

Robinson, E. M., M. K. McNutt and R. Batiza, Paleomagnetism of Cocos plate 

seamounts: Revisited, EOS, 64, 218, 1983. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental. capacity and specify the 

date and subject matter of each testimony. 

House Science Committee, April 1990, on the OTA report, Federally Funded Research: Decisions for a Decade, with Daryl Chubin. 

18.Given the current mission, major programs, and major operational objectives 

of the dcpartment/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for apVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000053 Fmt 06633 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
50 

pointment to the position for which you have been nominated, and why do you wish 

to serve in that position’? 

I believe that I am qualified to become the Chief Financial Officer for NASA for 

three reasons. First, my experience in the Office of Management and Budget as the 

senior-most career civil servant and manager of the policy process to develop the 

President’s Budget has prepared me for the day-to-day work of the NASA CFO. My 

OMB position has provided a unique opportunity from which to learn about, and 

participate in, the entire budget and financial process in the Federal Government; 

and, in addition to working in the process at the White-House level, my current position also oversees the development of budget formulation, execution and financial 

management rules and procedures for all Executive Branch agencies, including 

NASA. 

Second, I am experienced in the research and development issues facing NASA. 

Through my work at the Office of Technology Assessment, the House Science, Space, 

and Technology Committee, and OMB, I have expertise in R&D workforce issues, 

project planning and execution, and program oversight. 

Finally, I have extensive experience working in—and with—the Congress, especially on R&D issues. I understand the information needs of the Authorizing and 

Appropriations Committees, and the schedules and timetables they must keep. 

Because of this experience and my long-time interest in satellites and space (e.g., 

my Ph.D. thesis, over 20 years ago, used satellite data extensively), I am very much 

interested in serving at NASA to help improve the agency’s ability to create—and 

maintain course in—its strategic plan and to provide solid budget and financial reporting and accountability. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

The CFO of any organization is directly responsible for the quality and accountability of the organization’s management, budget, and accounting controls. NASA 

faces challenges in this area, but has made improvements in recent years. It would 

be my job to continue to build on those improvements and institute new ones with 

the ultimate goals of producing a solid multi-year budget plan and financial reports 

with a clean audit. 

My experience in managing large organizations includes: (a) Deputy Director of 

the Congressional Budget Office, where 1 was responsible for the day-to-day management of the organization, which employed 235 civil servants; and (b) Assistant 

Director for Budget, where I directly managed the Budget Review Division (62 staff 

and 30 contractors) and oversaw the development of the Federal Budget, which required that I indirectly manage the work of 400 other OMB staff for portions of each 

year. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

First, beginning this Fall, NASA must implement the decision of the President on 

the future direction of human space flight, following the final report of the Augustine Commission. That reorientation will involve the development of a new strategic 

plan, a long-term budget plan that is executable, and strong management initiatives 

to ensure that the program can deliver. At the same time, NASA must also balance 

its R&D portfolio to ensure that important earth science, aeronautics, and other 

areas are vibrant and meet the needs of the Nation. 

Second, NASA must earn the Congress’ respect by improving its ability to cost 

and deliver projects on time and within budget. Too many NASA projects have exceeded their initial cost estimates and been delayed for internal reasons, which has 

undermined the trust of policymakers in the ability of NASA to execute its longterm plans. While NASA has made improvements in recent years, there is much yet 

to be done. 

Third, NASA has not yet earned a clean audit on its financial books, which also 

undermines confidence in the day-to-day controls at NASA. To do so, it must improve its financial control and property management systems. Multi-year efforts are 

underway, but here too much work remains. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts: None. 

Do you have any commitments or agreements, formal or informal, to maintain employment, affiliation, or practice with any business, association or other organization 

during your appointment? if so, please explain: No. 

51 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in. the position to which you have been 

nominated: None. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated: None. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

None (except in the course of my job to provide information on the budget and 

Presidential initiatives to Congress and the Administration). 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

I know of none; however any potential conflicts of interest will be resolved in accordance with the terms of an ethics agreement that I have entered into with 

NASA’s designated agency ethics official and that has been provided to this Committee. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

Divorce proceeding, divorce granted on Nov. 22, 2006 in the state of Virginia. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which. you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional. witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters of 

interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

RESUME OF ELIZABETH (BETH) ROBINSON, PH.D. 

Experience 

Office of Management and Budget, Assistant Director for Budget. 

Primary responsibilities include overseeing the development of the President’s 

Budget and implementation of the President’s policies through legislation, budget execution and financial reporting; leading the Budget Review Division, which 

operated with seven managers in the Senior Executive Service and includes 

units that control and oversee the President’s budget data base, develop and 

maintain the U.S. Federal budget system (and the collaborative MAX Community), set and implement budget execution policy, provide budget analysis and 

alternatives to OMB leadership, implement Federal credit policy, and run a 

large number of ad hoc activities to address the policy needs of the OMB Director and Deputy. September 2005 to the present. 

52 

Congressional Budget Office, Deputy Director. 

Primary responsibilities included substituting for the Director, when absent; reviewing and signing cost estimates; reviewing all reports, pre-publication; overseeing the Management Division, including all pay and finance actions; leading 

the development of a replacement budget system; and presenting CBO findings 

at conferences and to Congressional staff. Additional responsibilities included 

serving as the agency’s representative on the Federal Accounting Standards Advisory Board. August 2003 to September 2005. 

Office of Management and Budget, Deputy Assistant Director for Budget Review 

and Concepts. 

Primary responsibilities included overseeing development of: the database supporting the President’s annual budget and production of other budget documents; revisions to Circular A-11 and scorekeeping rules; budget execution and 

financial reporting issues; proposals for, and monitoring Congressional action 

on, appropriations legislation; discretionary spending estimates for ‘‘fast numbers’’ exercises; and a wide variety of policy analysis projects. Early in the period, served as the Branch Chief for Budget Review. November 2000 to August 

2003. 

Office of Management and Budget, Program Examiner, Energy Issues. 

Budget and management responsibilities included at various times the defense, 

intelligence, fossil energy, and science programs at the Department of Energy. 

Specific projects included creation of the National Nuclear Security Administration, determination of the disposition of U.S. Enrichment Corporation assets, 

and planning for the development of the Next Linear Collider. From May-August, 2000, I rotated to the National Reconnaissance Office to work on a joint 

study with the National Security Agency. May 1998 to November 2000. 

Committee on Science, U.S. Congress, Principal Minority Staff Member, Subcommittee on Energy and Environment. 

Budget and legislative responsibilities included all research and development 

and civilian clean-up programs at the Department of Energy, the National 

Earthquake Hazards Reduction Program, and various science policy issues. Investigatory responsibilities included oversight of all agencies under Committee 

jurisdiction. January 1995 to May 1998. 

Committee on Science, Space, and Technology, U.S. Congress, Professional Staff 

Member. 

Budget authorization and legislative responsibilities included the physics budgets at. the Department of Energy, the National Science Foundation, university 

research expenditures, international collaboration in big-science projects, the 

National Earthquake Hazards Reduction Program, academic earmarking, and 

various science policy issues. 1994–1995. 

Office of Technology Assessment, U.S. Congress, Project Director. 

Expert on research and development activities, agency budget issues, and transportation policy. Responsibilities included research, writing, crafting policy options, and supervising a research team. I directed the assessment, Access to 

Over-the-Road Buses for Persons with Disabilities, and was the Principal Analyst on the reports, Federally Funded Research: Decisions for a Decade, and Preparing for an Uncertain Climate. 1989–1994. 

Office of Representative Richard A. Gephardt, U.S. Congress. 

Legislative Assistant and Congressional Science Fellow (from the Geological Society of America) for environment, science, and technology issues. 1988–1989. 

Stanford University, Geophysics, Post-doc and Assistant Professor. 

I investigated fluid flow in the interior of the Earth and in hydrogeologic settings, taught ATectonophysics and Geodynamics,@ and participated in the Values, Technology, Science, and Society Program. 1987–1988. 

Education 

Ph.D.—Massachusetts Institute of Technology, Cambridge, MA. Degree awarded in 

Geophysics jointly with the Woods Hole Oceanographic Institution, September, 

1987—thesis on numerical modeling of the interior of the Earth with comparisons 

to satellite data. 1982–1987. 

National Science Foundation Fellow, 1982–1986. 

53 

B.S.—Reed College, Portland, OR. Degree in Physics, June 1982. Broad curriculum in physics, math, and the humanities. Editor of the school. newspaper (the 

Quest) and Senator on the Student Senate. 1980–1982. 

University of Washington, Seattle, WA. Majors in Physics and Math, with an 

English minor. Participated in the Early Entrance Program. 1978–1980. 

Publications 

Robinson, E. M., Impact of the Americans with Disabilities Act on Bus Service, 

TR News, September–October 1993, pp. 22–23. 

Preparing for an Uncertain Climate, October, 1993; U.S. Congress, Office of Technology Assessment. Principal Analyst. 

Access to Over-the-Road Buses for Persons with Disabilities, May, 1993; U.S. Congress, Office of Technology Assessment, Project Director. 

Chubin, D. E. and E. M. Robinson, Human Resources for the Research Work 

Force, Science and Public Policy, vol 19, #6. December 1992, pp. 334–342. 

Chubin, D. E. and E. M. Robinson, Accounting for the Costs of Research: Some 

Policy Rethinking, Science and Public Policy, vol 19, 43, June 1992, pp. 1.81–186. 

Robinson, E. M., Know thy Sponsor: Project Selection Methods at Federal Research Agencies. BioScience, vol. 41, 08, September 1991. pp. 575–577. 

Chubin, D. E. and E. M. Robinson, Sound Science Policy Requires Better Data 

Management, The Scientist, vol 5, #18, September 1991, pp. 11–13. 

Chubin, D. E. and E. M. Robinson, Data on the Federal Research System: What 

is Known and What’s Not?, Knowledge: Creation, Diffusion, Utilization. vol. 13, September 1991., pp. 49–78 

Chubin, D. E., E. M. Robinson, N. Carson and J. Andelin, Research Priority Setting and the U.S. Congress, Science and Technology Policy, August 1991, pp. 9–13. 

Chubin, D. E. and E. M. Robinson, Setting Priorities is Imperative If We Are to 

Develop a Successful Federal Research Portfolio for the 1990s, The Chronicle of 

Higher Education, vol. 37, June 5, 1991, pp. B1.-B2. 

Federally Funded Research: Decisions for a Decade, May, 1991; U.S. Congress, Office of Technology Assessment. Principal Analyst. 

Robinson, E. M., Science and Engineering indicators: What They Do (and Do Not) 

Tell. Policymakers, proceedings of the R&D Colloquium Of the American Association 

for the Advancement of Science, April 11–12, 1991. 

Robinson, E. M., Inside Congress, a series of news articles for News and Information of the Geological Society of America, March–September, 1989. 

Robinson, E. M., The topographic and gravitational expression of density anomalies due to melt extraction in the uppermost oceanic mantle, Earth and Planetary 

Science Letters, 90, 221–228, 1988. 

Robinson, E. M., B. Parsons and M. Driscoll, The effect of a shallow low viscosity 

zone on mantle convection and geoid and topography anomalies at fracture zones, 

Geophysical Journal, 93, 25–43, 1988. 

Robinson, E. M. and B. Parsons, The effect of a shallow low viscosity zone on the 

formation of mid-plate swells, Journal of Geophysical Res., 93, 3144–3156, 1988. 

Robinson, E. M. and B. Parsons, The effect of a shallow low viscosity zone on 

small scale convective instabilities under the cooling oceanic plates, Journal of Geophysical Res., 93, 3469–3479, 1988. 

Robinson, E. M., B. Parsons and S.F. Daly, The effect of a shallow low viscosity 

zone on the apparent composition of mid-plate swells, Earth and Planetary Science 

Letters, 82, 335–349, 1987. 

Robinson, E. M., L. Shure and R.L. Parker, Recovering seamount magnetism: An 

inverse approach, EOS, 65, 198, 1984. 

Robinson, E. M., M. K. McNutt and R. Batiza, Paleomagnetism of Cocos plate 

seamounts: Revisited, EOS, 64, 218, 1983. 

The CHAIRMAN. Thank you. 

Mr. Martin. 

54 

STATEMENT OF PAUL MARTIN, 

INSPECTOR GENERAL-DESIGNATE, 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

Mr. MARTIN. Thank you, Mr. Chairman, members of the Committee. I’m honored to be nominated to serve as the Inspector General at NASA. If confirmed, I look forward to working closely with 

this committee to provide timely, accurate, and aggressive oversight of NASA operations. 

In addition to my family and friends that I recognized earlier, I’d 

like to recognize the staff at the NASA OIG, and in particular Deputy Inspector General, Tom Howard, who has ably managed the office during the past 6 months. 

I’ve spent the bulk of my professional life in Washington, D.C., 

working at two important Federal agencies, the U.S. Sentencing 

Commission and the U.S. Department of Justice. The former, I was 

privileged to help establish, while at the latter, I was honored to 

be part of a team that conducted vigorous oversight of the FBI, the 

DEA, and other Department of Justice components during a specially trying period in our Nation’s history. 

Most relevant to today’s hearing, I joined the Department of Justice OIG in 1998. During my time there, I have served in a variety 

of positions, including Deputy Inspector General for the past 6 

years under Glenn Fine, who to me and many others in the oversight community, epitomizes the kind of leader any inspector general should strive to emulate. Glenn and my colleagues at the DOJ 

OIG are some of the brightest, hardest working, and most dedicated public servants on the planet. 

As the Committee considers my nomination as Inspector General, 

I am energized by the prospect of working with NASA Administrator Bolden, Deputy Administrator Garver, and NASA leadership 

across the country to help ensure the integrity, efficiency, and effectiveness of NASA programs. One meeting with the Administrator and Deputy and I am convinced that they understand and 

appreciate the independent oversight role played by the Office of 

Inspector General. 

From my outsider’s vantage point, I see three primary challenges 

facing the NASA OIG in the months ahead. Number one, the OIG 

must conduct timely reviews of NASA’s top management challenges. Number two, the OIG must maintain a professional, cooperative, yet independent, working relationship with NASA managers, 

employees, and contractors. Number three, the OIG must help to 

ensure the integrity of NASA programs and personnel through investigations of serious allegations of waste, fraud, abuse, or mismanagement. 

I am thankful for this nomination and the opportunity, if confirmed, to serve alongside the men and women of the NASA Office 

of Inspector General as we work together to help NASA achieve its 

challenging and important mission. 

Thank you very much. 

[The prepared statement and biographical information of Mr. 

Martin follows:] 

55 

PREPARED STATEMENT OF PAUL MARTIN, INSPECTOR GENERAL-DESIGNATE, 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Mr. Chairman, Ranking Member Hutchison, and members of the Committee: 

Thank you for holding this hearing today. I am honored to be nominated to serve 

as the Inspector General at the National Aeronautics and Space Administration 

(NASA). If confirmed, I look forward to working closely with this Committee to provide timely, accurate, and aggressive oversight of NASA operations. 

At the outset, I would like to recognize my family who are here today: my parents, 

Jean and George Martin from Pittsburgh; my in-laws, Stephen and Christine Liu 

from Potomac (by way of Ann Arbor); several siblings and their families; and my 

colleagues from the Department of Justice Office of the Inspector General (OIG), including Inspector General Glenn Fine. I am honored that all of these family and 

friends are here today, but I am especially gratified that I can share this day with 

my wife, Rebekah Liu—an attorney at the SEC—and my daughters Anna, Emily, 

and Grace. 

In addition, I would like to recognize the staff at the NASA OIG, and in particular, Deputy Inspector General Tom Howard, who has ably managed the office 

during the past 6 months when the Agency has been without a confirmed Inspector 

General. 

I have spent the bulk of my professional life in Washington, D.C., working at two 

important Federal agencies—the U.S. Sentencing Commission and the U.S. Department of Justice. The former I was privileged to help establish, while at the latter 

I was honored to be part of a team that conducted vigorous oversight of the Federal 

Bureau of Investigation, the Drug Enforcement Administration, the Federal Bureau 

of Prisons, and other Department of Justice components during an especially trying 

period in our national history. 

I moved to Washington, D.C. in 1985, fresh from a 3-year stint as an investigative 

reporter at a South Carolina newspaper. At that time, President Reagan had appointed then-Federal district court Judge William W. Wilkins, Jr. as Chairman of 

the newly formed Sentencing Commission, and I was fortunate enough to be one of 

the agency’s first three employees. I worked alongside Judge Wilkins, then-Judge 

Stephen Breyer, five other Commissioners, and a handful of staff to create a new 

Federal agency and, at the same time, develop the initial set of Federal sentencing 

guidelines. I served first as a Special Assistant to the Staff Director, then as the 

Commission’s Communications Director, and finally as the Commission’s Deputy 

Staff Director where I helped supervise a staff of more than 100 lawyers, researchers, guidelines trainers, and data technicians. Along the way I attended evening law 

school at Georgetown University where I received a Juris Doctor but, much more 

significantly, where I met my wife, Rebekah. 

I moved to the Department of Justice OIG in 1998. During my time at the Justice 

Department, I have served in a variety of positions, most recently as Deputy Inspector General for the past 6 years under Glenn Fine, who to me and many others in 

the Inspector General community is the epitome of the kind of leader any Inspector 

General should strive to emulate. Glenn and my colleagues at the DOJ OIG are 

some of the brightest, hardest working, most dedicated public servants on the planet. 

As the Committee considers my nomination as Inspector General at NASA, I am 

excited and energized by the prospect of working with NASA Administrator Bolden, 

Deputy Administrator Garver, and NASA leadership across the country to help ensure the integrity, efficiency, and effectiveness of NASA programs. One meeting 

with the Administrator and Deputy Administrator and I am convinced that they understand and appreciate the independent oversight role played by the Office of Inspector General. 

From my vantage point outside of NASA, I see three primary challenges facing 

the NASA OIG in the months and years ahead: 

• The OIG must conduct timely audits and reviews of NASA’s top management 

challenges that: (1) are helpful to NASA managers and contain practical recommendations for improvement; (2) provide substantive and timely information 

to Congress in its oversight role; and (3) ensure transparency and accountability 

to the public about how NASA spends its funds; 

• The OIG must maintain a professional, cooperative, yet independent working 

relationship with NASA managers and employees; and 

• The OIG must help to ensure the integrity of NASA programs and personnel 

and the proper use of taxpayer funds through criminal and administrative investigations of allegations of waste, fraud, abuse, or mismanagement. 

56 

I am thankful for this nomination and the opportunity, if confirmed, to serve 

alongside the men and women of the NASA Office of Inspector General as we work 

together to help NASA achieve its challenging and important mission. 

Thank you. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Paul Kenneth Martin. 

2. Position to which nominated: Inspector General, National Aeronautics and 

Space Administration. 

3. Date of Nomination: October 1, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: 950 Pennsylvania Avenue, NW, Suite 4706, Washington, DC 20530. 

5. Date and Place of Birth: December 31, 1959; Pittsburgh, PA. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Wife: Rebekah C. Liu, Special Counsel, Securities and Exchange Commission; 

children: Anna Martin—age 15; Emily Martin—age 13, Grace Martin—age 7. 

7. List all college and graduate degrees. Provide year and school attended. 

The Pennsylvania State University, 1978–1982, Bachelor of Arts—Journalism 

(May 1982). 

The Georgetown University Law Center, 1987–1990, Juris Doctor (December 

1990). 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Deputy Inspector General, U.S. Department of Justice Office of the Inspector 

General (Washington, D.C.), 2003–present. 

Counselor to the Inspector General, U.S. Department of Justice Office of the Inspector General (Washington, D.C.), 2001–2003. 

Special Counsel to the Inspector General, U.S. Department of Justice Office of 

the Inspector General (Washington, D.C.), 1998–2001. 

Deputy Staff Director, United States Sentencing Commission (Washington, 

D.C.), 1991–1998. 

Communications Director, United States Sentencing Commission (Washington, 

D.C.), 1987–1991. 

Special Assistant to the Staff Director, United States Sentencing Commission 

(Washington, D.C.) 1985–1987. 

Newspaper reporter, The Greenville News (Greenville, SC), 1982–1985. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years: N/A. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years: N/A. 

12.Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Elder, The National Presbyterian Church, Washington, D.C. (various times from 

1998–present) (although membership at The National Presbyterian Church is 

open to those who profess their Christian faith, church services are open to all 

regardless of their faith tradition, and the church has a variety of other programs open to all). 

57 

Member, Board of Directors, Thurgood Marshall Child Development Center 

(various times between 1995–1998). 

Treasurer, Shamrocks WAGS U–13 soccer team (2007–2009). 

Member, Virginia State Bar. 

Member, District of Columbia Bar. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personalty liable for that debt: No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: N/ 

A. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Variety of performance and other awards during government career. 

Scripps Howard Journalism Scholarship (college). 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed: N/A. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

March 10, 2005, appearance before the House Committee on the Judiciary, Subcommittee on Immigration, Border Security, and Claims, concerning ‘‘Interior Immigration Enforcement Issues.’’ 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

My qualifications for this position include my 23 years of Federal service, including my 11 years in senior management positions in the Department of Justice Office 

of the Inspector General, in particular my service during the last 6 years as Deputy 

Inspector General of a 425-employee agency. I am excited for the challenge of bringing my management and organizational skills to the NASA OIG and working with 

OIG staff to improve the quality and timeliness of the office’s work products. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

As noted previously, I have served for the past 20 years in senior leadership positions in two Federal agencies, As such, I have successfully managed the agency’s 

personnel and resources to achieve the mission of each organization in a cost effective manner. If confirmed as Inspector General, my office would conduct audits and 

reviews of NASA programs to ensure that proper internal controls have been established and are being followed. In addition, the OIG oversees NASA’s annual financial statement audit and I would work closely with NASA management to develop 

strategies to reduce any material weaknesses or significant deficiencies, and to improve the agency’s internal controls. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

1. Conduct timely audits/reviews of NASA’s top management challenges that: 

(a) are helpful to NASA managers and contain practical recommendations for 

improvement; (b) provide substantive information to Congress in its oversight 

role; and (c) ensure transparency and accountability to the public about how 

NASA’s budget is being spent. 

2. Establish a professional and cooperative working relationship between OIG 

managers/employees and agency managers/employees. 

3. Ensure the integrity of NASA programs and the proper use of Federal funds 

through criminal and administrative investigations of allegations of waste, 

fraud, abuse, or mismanagement. 

58 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts: N/A. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: N/A. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated: N/A. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated: N/A. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage., defeat, or modification of any legislation or affecting the administration and. execution of law or public 

policy. 

In my role as legislative liaison for both the Department of Justice Office of the 

Inspector General (and previously the U.S. Sentencing Commission), I have frequently interacted with Congressional staff to provide input on proposed directives 

that affect the activities of the OIG. In addition, I interact periodically with staff 

from the House and Senate Appropriations Committees regarding the OIG’s budget. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

I know of no potential conflicts of interest. Nevertheless, any potential conflicts 

of interest will be resolved in accordance with the terms of an ethics agreement that 

I have entered into with the designated agency ethics official and that has been provided to this Committee. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

I am a defendant (in my individual capacity and in my capacity as treasurer of 

daughter’s former soccer team) in a dispute between my daughter’s former soccer 

team and the team’s former paid soccer coach. The amount in dispute is between 

$400–$850 and the matter is currently in negotiations between an attorney for the 

team and an attorney for the coach. The civil action was filed in June 2009 in the 

District Court of Maryland for Montgomery County. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters of 

interest to the Committee? Yes. 

4. Are yon appear and test before any duly constituted committee of the Congress 

on such occasions as you may be reasonably requested to do so? Yes. 

59 

RESUME OF PAUL K. MARTIN

Professional Experience 

Office of the Inspector General, U.S. Department of Justice, Washington, D.C., 

Deputy Inspector General—June 2003 to Present. 

Assists the Inspector General in managing all aspects of 415-employee agency 

with $74 million annual budget and nationwide audit and investigations field 

office structure; reviews and edits major agency products, including sensitive 

and highly classified reviews of Department of Justice programs; developed 

agency’s 5-year strategic plan; reviewing official for agency’s eight senior executive/senior level managers; primary agency liaison to Congress. 

Counselor to the Inspector General—December 2001 to June 2003. 

Served as senior advisor to the Inspector General on matters of management 

and policy; conducted and oversaw special projects of a sensitive and high-profile nature; reviewed and edited major agency work products; drafted congressional testimony; served as agency’s legislative and media liaison. 

Special Counsel to the Inspector General—March 1998 to December 2001. 

As part of four-person Front Office management team, participated in legal and 

policy decisions on agency work products and investigations; edited major agency work products, including Special Investigative Reports; drafted congressional 

testimony; served as agency’s legislative and media liaison. 

United States Sentencing Commission, Washington, D.C., Deputy Staff Director— 

January 1997 to March 1998. 

Served as second-ranking staff member of independent Judicial Branch agency; 

responsible for day-to-day management of $9.24 million agency with 100 employees; primary editor of agency publications, including special reports to Congress; speaker on Federal sentencing guidelines at national conferences. 

Communications Director—April 1987 to January 1991. 

Managed the Commission’s publications and communications unit; coordinated 

drafting and editing of Commission documents, including agency’s annual report; served as agency public information officer; drafted congressional testimony; member of training team that provided guideline application assistance 

to judges, assistant U.S. attorneys, Federal defenders, and private defense attorneys. 

Special Assistant to the Staff Director—November 1985 to April 1987. 

As one of three original Commission staff members, helped develop initial set 

of Federal sentencing guidelines; served on Commission’s guideline training 

team that taught guideline application to judges, prosecutors, defense attorneys, 

and probation officers. 

The Greenville News, Greenville, SC, Special Assignment/Investigative Reporter; 

Court Reporter; Police Reporter—November 1982 to November 1985. 

Highlight: 7-month investigation revealing illegal steroid distribution to student 

athletes at Clemson University. 

Education 

Georgetown University Law Center, Washington, D.C. 

Juris Doctor—December 1990 

Admitted to the Bar in Virginia and the District of Columbia 

The Pennsylvania State University, State College, PA 

Bachelor of Arts, Journalism—May 1982 

The CHAIRMAN. Thank you. 

There are two of us and we will—I would like to start with you, 

Dr. Robinson. A lot of NASA is in Texas, but I still think it’s generally fair to say that NASA has been given a lot of scrutiny over 

really a decade or more. Part of it may be based upon memories 

of 1962, and nothing can ever match that. Others are more severe 

in their questioning. Where this is leading us is where we should 

be spending our money. 

60 

So with that gentle opening, you can conclude that I don’t think 

that NASA has a particularly good, from my point of view, track 

record when it comes to financial management, which is what 

you’re going to fix. If the agency were failing a financial audit, I 

would, of course, highlight that. But the fact of the matter is that 

NASA can’t even prepare its financial statements to allow auditors 

to do their job. As a result, I want to know what steps you intend 

to take to remedy this situation. And just pointing out, because 

Ernst & Young is a very well-known accounting firm. They literally 

couldn’t put together an audit, because what they were looking at 

in the budget process in NASA wasn’t something they could work 

with, and that is their job. 

So, my question is, how are we going to fix this? 

Dr. ROBINSON. This is a very important challenge that faces 

NASA, and it has been going on for a number of years, as you have 

noted. The GAO has done a number of reports. Previous IGs have 

done reports as well, and Mr. Martin I think will continue that 

great tradition. 

There are significant challenges. There are a number of root 

causes, and this is definitely tops; this is my top priority, if confirmed at NASA, trying to uncover the root causes, trying to put 

in place mechanisms that will improve and lead to success, successful financial performance and database and a clean audit eventually. 

It’s very important to any organization, much less a government 

organization like NASA, to have confidence in its financial transactions, to gain support from the public and others. 

The good news is that in my meetings with the Administrator 

and the Deputy they fully understand the challenge that NASA 

faces and are very committed to steps going forward to fix those. 

Also, in my briefings on what NASA has done already, they’ve 

taken a number of very good steps that have already produced 

some improvements in the data integrity as far as I can tell from 

afar, and they are poised to continue that. 

So, my job getting there will be to accelerate—to continue this 

improvement and to accelerate it if possible. I take it very seriously. This is a very important challenge for the agency. 

The CHAIRMAN. Agreed, and I’m glad that they have taken these 

steps. I mean, you’re a professional. Good grief, if you’re number 

two at OMB you’re better than anybody in town except I guess the 

guy who runs OMB. You need to have some sense of what you 

want to do about this, other than saying that you are intending to 

do it and others have taken steps toward doing this or are committed to doing this. There has to be a harder edge, I think, to your 

answer. 

Dr. ROBINSON. I’m not in the position yet, so I do not know all 

of the details. From afar, GAO and the IG have pointed to issues 

of data integrity, making sure that as the program—as programs 

execute their financial transactions and record them, that errors 

are immediately noted. NASA just last year put in a continuous 

monitoring program where every night they go through and try to 

detect anomalies. That’s new for the agency. Other agencies have 

done that and seen very good success from it. 

61 

NASA has also been challenged in terms of valuing its property, 

everything from desktops to what is the current value of the Space 

Station. All those face different challenges, but again NASA is systematically going through and collecting the data on which you 

would do that. 

NASA about 5 or 6 years ago went through a major reorganization of its financial system. NASA is one of the few agencies that 

actually has a central headquarters, but has ten major centers that 

are operated by, except for one, by Federal civilians. So that means 

that the financial systems at those centers have to be integrated 

with the central system. Most are just not as diffuse as NASA is. 

So trying to get everybody onto the same system was a very big 

task, and when NASA undertook it, it didn’t go well for a while. 

Things as far as I can tell are getting much, much better, and it’ll 

take sort of a laser-eye focus now on each of those reports, each of 

the kinds of data that are going into it, to make sure that people 

in these far-flung enterprises who are doing their best are understanding what they’re supposed to be doing with the financial system. 

So there are no magic bullets to solving these kinds of problems, 

where you have a new financial system, lots of people trying to fit 

projects that are not normal projects—they aren’t building widgets; 

they’re building very specialized pieces of equipment—into systems 

where they have to figure out how to allocate costs. 

I don’t want to sound like I’m just saying, oh, it’s just going to 

take time. But it will take a lot of effort, and NASA is putting that 

effort forward. We just need to make sure that that continues. 

The CHAIRMAN. Thank you. I’ll have more to ask later. 

Senator LeMieux. 

Senator LEMIEUX. Thank you, Mr. Chairman. 

Thanks to each of you for submitting yourself to public service. 

I want to first say, Dr. Gallagher, I too, am the father of three 

sons. They are much younger. You and your wife give me hope. So 

thank you. Again, thanks to everyone for submitting yourself to 

public service. I know the sacrifices that you’re making to do so. 

I want to first talk about NASA, if I can. Being a Senator from 

Florida, NASA is extremely important to Florida. It’s extremely important to this country. Florida is literally the place where America 

has reached for the stars, and the program’s viability, its continued 

viability, and the necessity in my mind that NASA and this country continue to explore manned space travel and not let this precious resource of the human capital of our scientists go to waste. 

I’m very concerned—and this is a little bit outside your ambit, 

but I want to make sure that you know of my concern—that we are 

going to lapse in our scientists, that they are not going to have 

something meaningful to work on for a number of years, if we do 

not get to the mission of human space travel. 

We have these wonderful literally rocket scientists who have 

made their life in Florida, and if there is not something for them 

to work on they’re going to be dispersed. The cost of bringing them 

back together or finding new ones if we don’t get to the business 

of the Orion project and others is going to be immense to the country and to Florida. So I wanted to make that point. 

62 

But I want to ask my first question to Dr. Robinson. As the 

Chairman has indicated, there have been irregularities at NASA, 

and you are going into a very difficult and challenging job. It seems 

to me there are two components of it. There’s one, there’s the financial accounting side, the audited financials, if you will. The other 

is just making sure, as you said, that there is an effective and efficient administration, that we’re getting 100 cents worth of every 

dollar. 

I want you to speak to what your vision is for that type of management, what metrics that you might impose to make sure that 

we are managing well the dollars that we are spending at NASA. 

I’m a big believer if you cannot measure it, you cannot manage it. 

So, I’d like for you to talk about that for a minute, and then I have 

a question for Dr. Martin—or Mr. Martin, rather. 

Dr. ROBINSON. Well, two thoughts on your question. One is that, 

as all agencies are, NASA is developing a new strategic plan. It’s 

that part of the cycle where a new one is due. In that, I know they 

are developing goals and then the objectives and metrics will follow. I think that the CFO’s office plays an important role in developing those metrics, especially if they’re related to financial and 

project and budgetary performance. 

In terms of the areas of project management, that’s where NASA 

has some of the—in addition to the financial management, there’s 

concern about NASA’s ability to manage projects to cost and schedule. NASA has recently put new checks in place to allow projects 

to go forward. In particular, they’ve added cost and scheduling requirements at each of those that are much more rigorous. They intend to match those, the development of those projects, against 

those original cost and schedule estimates. 

I think that will be very important to watch as we go forward, 

but whether the new system, whether the new checkpoints and the 

rigor in that data, then matches performance. If not, we’re going 

to have to work on that very quickly because an agency that can’t 

manage its project portfolio, or at least appears to have that, again 

that’s another place that erodes confidence. NASA’s workforce is 

too good for that. Like you said, NASA’s workforce is one of the 

best in the Nation and they all want to succeed. That is their driving thought every day. So we have to make sure that the systems, 

financial and project management and others, let them do that. 

Senator LEMIEUX. Thank you. 

Mr. Martin, you have an equally difficult challenge ahead of you, 

an important challenge. I looked at your background and your extensive service working in inspector general-type roles, in those 

roles in fact with the Department of Justice and, like you said, 

with the Sentencing Commission. It seems to me in the IG role 

there are sort of two functions. There’s process—it’s knowing the 

IG procedure and the techniques, and you obviously are very expert 

in that—and then there is the substance of what you are being an 

inspector general over. This is truly different than lawyers and 

crime fighters, which is what you work with now. This is, as I said 

before, rocket science and all those difficult, complex issues that 

are different than your prior experience. 

So I would like for you to speak, if you would, how you think 

you’ll be able to adapt and use your skills that you’ve developed at 

63 

the Department of Justice and your other previous roles to this 

new subject matter. 

Mr. MARTIN. Thank you, Senator. Again, as you indicated and I 

have remarked on in my opening remarks, I’ve had 11 years experience in the Inspector General’s Office at the Department of Justice, one of the, I think, premier Inspector General’s offices. While 

that is a 122,000-person agency and primarily a law enforcement 

focus, we still have a lot of the same issues and concerns that any 

Federal agency does: contract oversight, contract fraud, going in 

and looking at whether or not the taxpayers are truly getting what 

they are paying for, for be it a Space Shuttle or be it a smaller dollar program. 

Also, obviously, I would rely on the current workforce in the Inspector General’s Office, who do have deep roots and are long-time 

Inspector General employees in NASA and have that background 

in science and NASA programs. If we didn’t have the expertise in 

the Inspector General’s shop, we would hire it. 

Senator LEMIEUX. That’s all I have, Mr. Chairman. Thank you. 

Thank you, everyone. 

The CHAIRMAN. Thank you. And again, welcome to at least my 

first meeting with you here at the Commerce Committee. 

Senator LEMIEUX. It’s an intimate setting today. 

The CHAIRMAN. Yes, it is. 

Senator LEMIEUX. Thank you, Mr. Chairman. 

The CHAIRMAN. Do you have any family members you’d like to 

introduce? 

[Laughter.] 

Senator LEMIEUX. Not at this time. 

The CHAIRMAN. Not at this time, OK. 

I feel badly about poor Mr. Gallagher, Dr. Gallagher. Nobody’s 

asked him anything. It’s interesting to me that you made the statement that NIST—or maybe one of us made the statement—that 

NIST has been a little bit in the background. Now you’re so much 

in the foreground it’s almost like you’re an adjunct of the White 

House. 

That is because of two things. One of those is ‘‘cybersecurity’’ and 

the other is something called ‘‘climate change,’’ both of which this 

committee are intimately involved with. So, I’d like to ask you 

about that. First of all, when I just say ‘‘cybersecurity’’ and ‘‘NIST,’’ 

what goes through your head? 

Dr. GALLAGHER. Well, thank you, Mr. Chairman. As you know, 

NIST has 30 years of experience sort of working in cybersecurity, 

and I think what that has meant to the agency has evolved just 

as the technology has evolved over that period. 

The CHAIRMAN. What did it mean before the computer? 

Dr. GALLAGHER. Well, I think originally we tended to look at 

computers as stand-alone devices, and the idea was that you could 

design them secure, make sure that you had built it the way you 

designed it, and then you would be done. I think there’s no question that that’s not the environment we’re in today. 

There simply will be vulnerabilities in systems, and as we interconnect these systems and they talk to each other and you’re starting now to deal with a worldwide computing system, it becomes 

now a very different type of environment to work in. 

64 

For me, the activities at NIST, what goes through my mind when 

we talked about cybersecurity is the fact that NIST has a special 

role. There are many agencies that will work in the realm of securing the Nation’s information network, but NIST has a special role 

for two reasons. One is that as part of the Department of Commerce we are interested not only in just securing, locking down, a 

system, but also in the use of that system. 

Fort Knox is probably a very secure bank, but it may not be a 

particularly useful one to use. So we’re very interested in making 

sure and working with service providers, software developers, and 

everybody involved in this enterprise to develop a system of standards, of protocols, where this system is also useful. 

The other reason I think it has been very important for NIST is 

that we have a deep technical capability. We have primary responsibility for developing the standards that the civilian side, the nonnational security agencies, use to protect Federal computer systems. That has led over 30 years to a very effective and very wellknown capability at NIST in cryptography, in cybersecurity, in surety testing for software systems and platforms. 

I think when you bring together that capability and that particular viewpoint of working as a non-regulatory agency to support 

this enterprise in a secure way, it makes us a very essential player 

in this. 

The CHAIRMAN. Let me hone in a little bit more. Both Presidents—the second President Bush’s Director of National Intelligence and then a couple years later President Obama’s Director 

of National Intelligence, in what they call, ‘‘a world threats hearing,’’ which is held once a year, both of them said that the number 

one threat to this country’s national security is cybersecurity. 

So that lifts it above dirty bombs and everything else. We all 

know that a 14-year-old youngster in Indonesia can sit down at his 

computer—he’s got to have a pretty good ticker upstairs—and can 

do whatever he wants. He can shut down sections of grids, he can 

shut down hospitals, he can select targets at random around the 

world, and nobody will ever know. 

It is an utterly terrifying and utterly realistic proposition. In 

other words, it’s bound to happen in a big way in our country. 

Now, to me this takes cybersecurity something from a matter 

that we need to be concerned about to a major, major focus of government attention. All of this should come with the understanding 

that as we are building our firewalls to better protect our Federal 

and other systems, others are increasing theirs. And then we try 

to increase ours. And since we’re likely to be a major target, perhaps more than al Qaeda, for example, more sort of devastating, 

obvious attack, these subtle attacks are what can destroy the psyche of America, of middle America, all America, faster than anything else in the world, because we’re defenseless against it. 

So you sit on something, not alone, as do we, which we ought to 

be talking about almost literally nonstop, having hearing after 

hearing after hearing after hearing. I would assume that that’s 

what’s taking place at NIST, that you have a lot of very smart people who are very, very scared about what is going on in the world, 

are not sure how to handle it, and are working as fast as possible 

65 

to do—and then I want you to lay out three or four or five things 

for me. 

Dr. GALLAGHER. I think you’ve just given a beautiful summary 

of the situation. It is frightening. Anyone who has heard one of 

these threat assessments cannot help but be very sobered by the 

threat environment that our computer systems are in. And it’s 

evolving and growing every day. 

I also think you touched on something that points to your first 

question, which is why NIST is suddenly in the limelight. One of 

the reasons these threats are so scary is that we are so dependent 

on this technology now. This infrastructure now has become literally embedded into our economy, into our national security, into 

how we move not only goods, but how we take care of people, how 

we move electricity, how we move supplies around the country. 

So, our dependency on this technology is now profound, and 

therefore, a vulnerability in that infrastructure becomes a very profound vulnerability. In some ways it’s a side effect of our success. 

These same tools that are so powerful—we look at smart grid technologies as a way of enabling new functionality in the way we move 

electricity, which are essential if we’re going to have widespread renewable energy. But the same technology we have to do that can 

increase our vulnerability because it’s based on information technology. 

Our computer security experts do worry about this. This is not 

going to be solved by NIST alone. One way we’re doing this is— 

as you know, the White House has been very active in this since 

the conclusion of the 60-day cyber review. Congress is very interested in this and there’s a lot of legislation being looked at that 

we’re very interested in. 

One of the things I think that’s most essential is that we have 

a number of different agencies involved in this area. We need to 

make sure that they fit together and work very effectively together, 

because we actually need each other and we don’t want to overlap 

unnecessarily. 

So one of the things that I’ve been doing as Deputy Director is 

fostering close interaction, particularly with DHS and NSA, in coordination with the NIST cybersecurity effort, both at the working 

level and at the leadership level, so that we can coordinate very 

closely on this work. That’s only a starting point. This is a big task. 

I think one of the things that, if confirmed, I’d really like to focus 

on is improving our ability to assess and measure this threat environment. We know of attacks and we try to look at specific 

vulnerabilities and put patches and fixes to them and address 

standards that can reduce our vulnerability, but we have a very 

difficult time measuring the risk that our systems are in or measuring the security of the performance of these systems after they’ve 

been—and you manage what you measure, and I think if NIST can 

help support an effective way of assessing security performance 

and assessing the risk environment of these systems, we will really 

enable Federal IT managers to do a much better job. 

The CHAIRMAN. Good luck on that. The agencies that you’ve 

picked out, NSA and the Department of Homeland Security, to be 

honest, are two of the toughest nuts to crack in the raw world of 

66 

intelligence. NSA, if you can get them to share anything you’ve 

really done well. 

Now, the leaders are all there for you, but down to where the 

sharing has to take place old habits prevail. It’s a little bit like the 

CIA, which loves to surveil, and the FBI, which carries around yellow pads so they can arrest. Now they’re told, the FBI is told, to 

be an intelligence agency and it’s a very, very hard business to 

change people from arresting to surveiling. 

So I’m really interested. I don’t mean to push the point too far, 

but this cooperation is going to have to be a whole new kind of cooperation in government. Senator Snowe, who sits right there, and 

I have put in a bill on this, and others have too, and I know the 

President is tremendously concerned about it. 

But this is something which is constantly imminent. Your other 

big subject is climate change. But to be quite frank about it, in the 

short term it’s much less of a threat than cybersecurity. Cyber security is potentially next week, tomorrow, a year from now. Climate change is not. For the long term, if we don’t do climate 

change fixing then none of the rest will make any difference. 

But I really hope that you will drill on that. If NIST is in a certain place in the pecking order, don’t accept that. Play rough. Be 

aggressive, not just within your agency, but across the government, 

because everybody is so overwhelmed with working problems and 

your bureaucracy that it takes sometimes a relatively small agency, 

just like the Department of Energy in the whole question of weapons of mass destruction, on certain critical parts of that, had by far 

the best intelligence, even though they had a tiny little intelligence 

unit. But they were accurate, they were right, and others were 

wrong. 

So I think NIST has an extraordinary opportunity on the cybersecurity business. I just wanted to say that. 

Mr. Martin, I wanted to ask you two questions and then I think 

we need to wrap up, although I have a lot more. I’m sorry to be 

on the criticism edge of all of this, but when you’re sizing somebody 

up for putting them into a position you need to ask hard questions. 

NASA, I’ve already done the budget part. But the budget is larger than just the budget, the problem. It’s the combination of the 

budget and seemingly endless projects which NASA wants to undertake, this kind of ambition which is fostered all the way from 

1962 forward, which is, from at least my point of view, trying to 

do too much. Now, you can disagree with that. 

I think tough economic times are going to require NASA, along 

with everybody else, to have to pull back. It’s nice that the stock 

market went over 10,000 the other day, but it doesn’t have anything to do with the general perception of the health of the economy and the well-being of our future yet. It hopefully will before 

too long. 

But NASA is going to have to accomplish what it really needs to 

with limited resources. So then comes the question of what does 

the IG do with something which most people hear and then sort 

of brush to the side as being, well, they couldn’t think of anything 

else to say, waste, fraud, and abuse. There are a lot of seniors all 

around America who are terrified today because they think because 

67 

the Senate Finance Committee has said there’ll be a $500 billion 

cut in Medicare, that they’re going to have their benefits cut. 

They will not. It’s not going to happen. But there is within the 

health care system that affects or deals with Medicare—there are 

providers, hospitals, and all the rest of it—there is that kind of 

waste, fraud, and abuse that reaches that level. If you cut that 

$500 billion out, then seniors will stop worrying. I’m just making 

that as a comparison. 

It is real in Medicare. It is real, I would choose to believe—and 

you had some taste of that with the Augustine review: You need 

an additional $3 billion to do meaningful human space exploration; 

however, can you do that? Are you really in a position to do that? 

I think this is where an IG along with the person who runs the 

finances really comes in. The NASA Office of Inspector General has 

not in this Senator’s view been overwhelmingly effective over the 

years. For example, the GAO found that NASA OIG recovers less 

than 40 cents for every budget dollar it receives. Well, so what? So 

what? It’s not just a matter of how much you recover. 

Well, it does mean something. This is far below the Federal average of over nine dollars that other agency IGs as a rule recover. 

So how do you intend from that measurement to increase NASA 

productivity from the IG’s office? 

Mr. MARTIN. Thank you, Mr. Chairman. It’s going to be a challenge. This is an agency, an incredibly important agency, NASA, 

and they need an effective and aggressive Inspector General’s Office. I think the first thing you need to do as an effective Inspector 

General’s Office is choose the important projects, look at the important contracts, and dig deep in the important programs. They tend 

to be the high-dollar programs. 

As you know, Mr. Chairman, it’s an $18 billion plus-a-year agency. A lot of that is in contract dollars. So, what I would hope to do, 

if confirmed, is to assess the auditors and assess the investigators 

we have within the Inspector General’s Office. If we need to 

reprioritize or reposition people, we will do that; but to go after the 

important issues and the high-dollar issues. 

The CHAIRMAN. OK. I can’t challenge your answer. I mean, you’re 

committed to it and I believe you. I think it’s going to be hard. But 

then again, you know, I think it will be a lot harder with the $500 

billion in Medicare. But I believe you and I’m for you. 

An interesting statement was made earlier and I should have 

said it while the Senator was still here. I think we’re past the point 

in this country when we can say because people are in an area and 

are trained to do a certain kind of job, that that job necessarily has 

to exist, that agency has to continue to exist, because people are 

available to work in it. That’s not an inhuman thing to say. From 

a government point of view, with limited dollars, with everything 

being ratcheted back, it’s a necessary thing to say. 

Now, that can be disagreed with from a humane point of view. 

But from running an efficient government, it can’t be disagreed 

with. So that’s the whole question of the role that both of you will 

play very strongly in terms of being efficient with what you have, 

not trying to overreach. Constituencies in the world of NASA are 

very ambitious for NASA. You know, this pay a million dollars and 

68 

travel to the moon type of thing. I hear that and I just go blooey. 

I don’t know how to react. 

But there are a lot of things like that that go on in the world 

of space. Some of them are strongly in America’s national interest. 

Some of them may not be. I think that the two of you together will 

be the ones who help decide which are which. 

This is a little bit of a negative way to end a hearing and I apologize for that, but I don’t really, because this is incredibly important 

stuff. You’re talking about cybersecurity and you’re talking about 

reaching out into space and how long can you continue to do this, 

this project, that project, whatever. It’s all very important, which 

is why you are courageous to take on the work that you do, and 

why I will support all of you. 

Thank you very much. Thanks to your families. Thanks to the 

watching audiences that have admired you from across the world. 

I don’t know about you, Dr. Gallagher. Did you have anybody 

watching you on television? Yes, your colleagues. 

Dr. GALLAGHER. My colleagues. 

The CHAIRMAN. I bet they were all nervous. 

Dr. GALLAGHER. And my parents back in Albuquerque. 

The CHAIRMAN. All right. Well, that’s good then. 

So on that good note, this hearing is adjourned. 

[Whereupon, at 4:26 p.m., the hearing was adjourned.] 

(69) 

A P P E N D I X 

PREPARED STATEMENT OF HON. JANE HARMAN, U.S. REPRESENTATIVE FROM CALIFORNIA, 36TH DISTRICT

I’m honored to introduce this Committee to Erroll Southers, nominated to serve 

as Assistant Secretary for the Transportation Security Administration, and to welcome him back into the Federal Government. But this opportunity is bittersweet. 

Erroll Southers was one of the best-kept secrets in the homeland security community, and many of us in Los Angeles might have preferred to keep him for ourselves. 

Mr. Southers has a record of service as a security officer that spans three decades. 

He’s worked as a police officer, an FBI Agent, a state-level homeland security administrator, and most recently as Chief of Counterterrorism and Intelligence for the 

world’s largest airport police force. Clearly he is a skilled and experienced practitioner. But that’s only half the story. 

Mr. Southers brings a formidable intellectual component to his work as well. In 

his role at the University of Southern California’s Center for Risk and Economic 

Analysis of Terrorist Events or CREATE, he has sought to challenge and advance 

the thinking of the international counterterrorism community. 

And Mr. Southers’ abilities as a do-er have yielded impressive results in his nearly 3 years at Los Angeles World Airports (LAWA). Always one to make decisions 

based on fact and a thorough assessment of risk, Chief Southers has proven critical 

in the transformation of the LAWA Police Department into one of the best trained, 

most professional and adaptable airport police departments in the world. Moreover, 

he oversaw the implementation of several cutting-edge pilot programs, including a 

randomized vehicle screening system designed to detect and deter IEDs. 

To paraphrase Southers himself, LAX has been transformed from the top airport 

terrorist target in the country into an operational think tank capable of defending 

itself. It is precisely his ability to blend theory and practice that makes Mr. 

Southers a superb choice to oversee the Transportation Security Administration. It 

is a complex and vital Federal agency that is often in the public spotlight. 

At LAX, Southers’ challenge was to allow business and travel to continue undisturbed by fear of disruption, either from terrorist attack or onerous security operations. Paradoxically, the better a job he did, the less noticeable his efforts were. 

Hopefully, TSA will follow the same path under his leadership—it will make the 

traveling public secure while making its footprint less disruptive. 

As I run through airports, I always take a moment and thank TSA workers for 

their service. Mr. Southers takes the reigns of a dedicated agency, and deserves 

prompt confirmation. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

ELIZABETH ROBINSON

Question 1. You note in your remarks to the Committee that NASA has already 

taken steps to improve its financial statements. Given that outside firms are incapable of even auditing NASA’s statements, the Agency’s efforts to date appear to be 

completely inadequate. 

What specific steps will you take as Chief Financial Officer to fix this problem? 

While I have been told that NASA has been working hard to address this problem, 

it can and must do better. In order to address several underlying problems in financial data integrity, it is my understanding that NASA employed a new approach in 

Fiscal Year 2008, including implementation of a Continuous Monitoring Program 

(CMP). GAO and others have agreed that the implementation of these new processes and policies have improved NASA’s ability to meet financial reporting and internal control standards required for a clean audit. NASA has also reported that 

due to a recently adopted Federal accounting rule change, it may soon resolve its 

long-standing property audit issue related to proving the historical accounting book 

values used for the Space Shuttle and International Space Station. 

70 

Answer. If confirmed, I would continue NASA’s efforts to institute CMP and other 

programs, with adjustments as necessary to achieve the objective. In addition, I 

would thoroughly investigate—and implement corrective actions—for any other 

problems that may threaten the completeness and integrity of NASA’s financial system and data. 

Question 1a. Will you commit to this committee that NASA’s financial statements 

will be auditable? 

Answer. Yes; that is our mutual goal. 

Question 1b. Will NASA’s financial management system under your leadership 

generate timely, accurate, and useful financial information for outside review? 

Answer. Yes; that is our mutual goal. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

ELIZABETH ROBINSON

Question 1. As you undertake this position, and from the perspective of your previous positions at the Office of Management and Budget and the Congressional 

Budget Office, what are the most significant financial management issues facing 

NASA, and what ideas and experience do you intend to bring to bear to meet them? 

Answer. NASA has been unable to obtain a clean financial audit for several years. 

While the agency has been working hard to address this problem, it can do better 

and I will not simply trust but verify its actions. If confirmed, one of my first priorities will be to review existing activities to address this serious challenge and develop new specific actions where required. 

My experience at OMB provides a unique perspective, as I was the senior career 

official overseeing the development of the president’s budget and its implementation, including budgetary execution. As part of that role, I was in charge of revisions 

to Circular A–11 and led collaborative efforts with Treasury to improve governmentwide collection of budgetary and accounting data. At CBO, I was the agency’s representative to the Federal Accounting Standards Advisory Board and participated 

in the development of new and revised Federal accounting procedures and requirements. Both experiences will serve me well, if confirmed, as NASA’s CFO. 

Question 2. Do you anticipate, at this stage, any specific procedural or institutional changes in NASA’s financial analysis or management processes or procedures? (If so, what might they be?) 

Answer. In order to address the underlying problems preventing the Agency from 

regularly obtaining a clean audit opinion, it is my understanding that NASA took 

a new approach in Fiscal Year 2008 to resolve weaknesses and improve financial 

reporting. The implementation of these changes are reported to have improved 

NASA’s ability to meet financial reporting and internal control standards. NASA 

has also reported that, due to a recently adopted Federal accounting rule change, 

it is closing in on resolving its long-standing property audit issue related to proving 

the historical accounting book values used for the Space Shuttle and International 

Space Station. Assuring that NASA focuses on these issues will be my top priority 

if confirmed. 

Question 3. Do you agree that the President and the Congress have a shared role 

and responsibility in establishing the Nation’s policy goals in civil space? If so, once 

those policy goals are established, is it then the role of functions such as the Office 

of Management and Budget, in the White House, and the Chief Financial Officer 

at NASA, to reflect and adhere to those policy decisions and work to ensure they 

are properly funded and effectively implemented? 

Answer. Yes. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

PAUL MARTIN

Question 1. To what extent are you aware of the issues and concerns that have 

been raised regarding the Management of the NASA Office of Inspector General 

over the past several years? 

Answer. I have no first-hand knowledge and therefore cannot speak to the specific 

issues that transpired during the tenure of the previous NASA Inspector General. 

However, I am aware of concerns raised about low staff morale in the Inspector 

General’s Office as well as congressional concerns that the former IG lacked the appropriate degree of independence. 

71 

Question 1a. What steps do you intend to take, if confirmed, to address those concerns? 

Answer. If confirmed, I would bring to NASA 11 years experience helping manage 

a large and successful Office of Inspector General. Our management philosophy at 

the Department of Justice OIG is simple—we treat all employees professionally and 

with respect. We work hard, we work as a team, and we produce high-quality products. If confirmed, I would hope to instill the same philosophy and work ethic at 

the NASA OIG. 

In addition, I am confident after one meeting with Administrator Bolden and Deputy Administrator Garver that they understand and appreciate the independent role 

played by the Office of Inspector General. 

Question 2. What is your view of the appropriate working relationship between 

the Office of the Inspector General and the NASA Administrator? Between the Office of the Inspector General and the NASA General Counsel office? 

Answer. I believe the proper relationship between the NASA OIG and the NASA 

Administrator is one of open communication and coordination, but founded on a 

clear understanding of the differing roles and responsibilities of each office. The 

NASA Administrator decides the agency’s policy and operational direction; the OIG 

is not part of NASA management, but rather is charged with overseeing the effectiveness of NASA programs and investigating allegations of criminal and administrative misconduct against NASA personnel, and reporting its findings both to the 

Administrator and Congress. 

Similarly, I would envision open communication between the OIG and NASA’s Office of General Counsel. However, because the OIG has its own General Counsel, 

the OIG would rely on its in-house counsel for legal advice as it relates to OIG operations. 

Question 3. How and where would you draw the line between the appropriate 

level of consultation with senior NASA leadership and the maintenance of independence and objectivity in the conduct of your duties and Inspector General? 

Answer. I believe it proper and helpful for the OIG to consult with agency leadership to inquire about what areas of agency operations they believe would most benefit from an OIG review. That said, the OIG would independently decide which audits, inspections, investigations, and review to initiate and how to conduct these reviews. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO ERROLL G. SOUTHERS

Question 1. The GAO recently reported that TSA has, until recently, suffered from 

an attrition rate for senior-level staff at a rate higher than all other cabinet-level 

departments. What would you do differently? If confirmed, what steps will you take 

to ensure that TSA recruits only highly qualified people to fill Transportation Security Executive Service positions? 

Answer. Investing in the TSA workforce is one of my top priorities for the agency. 

It has been my experience that when an organization invests in its people, they invest in the organization and everyone benefits. In my experience, education incentives, professional development, and leadership development have been key not only 

to attracting but also to retaining a quality work force. If confirmed, I look forward 

to using these tools to recruit and develop tomorrow’s leaders within TSA. 

Question 2. The Visible Intermodal Prevention and Response (VIPR) program 

works with local law enforcement to serve as a deterrent to potential terrorist attacks. However, a recent GAO report found that some VIPR teams do not have sufficient training or enough radios and other communication equipment to coordinate 

effectively with local law and surface transportation officials. If confirmed, what will 

you do to make sure that TSA provides sufficient training and resources so that 

VIPR teams can help protect our transportation networks? 

Answer. My current experience with VIPR teams at Los Angeles International 

Airport has been positive, as TSA has gone to great lengths to include local teams 

and work with them on deployment based on risk. I believe VIPR teams enhance 

TSA’s ability to leverage resources quickly to increase visible security in any mode 

of transportation anywhere in the country. As a former law enforcement academy 

instructor, I understand the importance of providing the proper training so that officers can fulfill their duties and execute their mission. I recognize the importance 

of continuing to provide training and resources to all TSA employees, including 

VIPR teams. 

72 

It is essential to integrate local law enforcement into the deployment VIPR teams. 

If confirmed, I will work with these key stakeholders to ensure that VIPR teams 

are helping to make our transportation systems the best in the world. 

Question 3. Improving the security of our mass transit and intercity passenger 

rail systems is especially critical following the terrorist train bombings in Mumbai, 

India and Madrid, Spain. The 2007 Implementing the Recommendations of the 9/ 

11 Commission Act included many provisions to better protect our Nation’s mass 

transit and intercity passenger rail systems, but TSA has not met the deadline for 

many of these requirements. If confirmed, what actions will you take so that TSA 

completes all of the requirements established under the 9/11 Act, including the comprehensive risk assessment and national security strategy for the rail sector? 

Answer. I understand that many of the outstanding requirements of the 9/11 

Commission Act relate to the issuance of regulations through the notice and comment rulemaking process. This is a time consuming process that requires careful 

thought and consultation with all relevant stakeholders as the regulations are developed. I have been told that these rulemaking projects are underway, and that 

TSA continues to work with stakeholders on interim voluntary risk reduction measures. Additionally, the requirement to complete a comprehensive risk assessment for 

the rail sector, as required by Section 1511 of the 9/11 Commission Act, is being 

incorporated into TSA’s Transportation System Security Risk Assessment (TSSRA). 

When complete, the TSSRA will provide the context for TSA to compare railroad 

risks with risks in other modes of transportation. The national strategies, also required by the 9/11 Commission Act, will be incorporated into the corresponding annexes of the upcoming update of the Transportation System Sector Security Plan 

(TSSSP). The TSSSP, a comprehensive unifying plan, will supersede separate interim strategies and plans for each mode of transportation. If confirmed, I will support this approach, to increase effectiveness in assessing risk and in informing and 

guiding mitigation efforts. 

Question 4. What do you believe is an appropriate balance between using a risk 

management framework such as DHS’s National Infrastructure Protection Plan and 

intelligence reports in terms of how TSA makes strategic decisions on allocating resources? 

Answer. Both risk and intelligence are very important, and I believe that we do 

not need to choose between the two. In my experience as Assistant Chief for Homeland Security and Intelligence at Los Angeles World Airports Police Department, intelligence not only drives tactical decisions on a daily basis, it also feeds threat assessments, which are an important component of the risk equation. Risk management frameworks, such as the National Infrastructure and Protection Plan, improve 

analytic depth and efficiency of decision-making processes. 

Question 5. State and local governments operate the majority of mass transit systems and intercity passenger rail systems in this country, but securing these systems is a shared responsibility between Federal, state, and local partners. What 

would you do to improve mass transit agencies’ and intercity passenger rail systems’ 

contingency plans and their ability to handle relatively minor, as well as major 

emergencies? How would you use the tools, procedures, and training the TSA currently provides to transit agencies and intercity passenger rail systems to help them 

prepare to respond to and recover from emergencies? 

Answer. I understand that TSA partners closely with law enforcement, security, 

and emergency response professionals in order to achieve the important goals you 

asked about. This multi -faceted effort includes: 

• Comprehensive security assessments that evaluate the effectiveness of security 

and emergency management plans as well as coordination and integration with 

regional security and emergency response partners; 

• Targeted grant investments, driven by these assessments, that address security 

vulnerabilities and enhance capabilities to prevent acts of terrorism and respond to threats, security incidents, and other emergencies; 

• Cooperative outreach with the Federal Transit Administration (FTA) and the 

Federal Emergency Management Agency (FEMA) that brings mass transit and 

passenger rail agencies’ security and safety officials together to discuss specific 

challenges in prevention, response, and recovery; share effective practices; and 

collaborate in developing effective solutions; and 

• Training and exercise programs that integrate mass transit and passenger rail 

agencies, local and State law enforcement departments, emergency responders, 

and area Federal security partners to expand the scope and enhance the effectiveness of collaborative efforts in prevention, response, and recovery. 

73 

If confirmed, I will look to build upon these initiatives. I am committed to maintaining direct communications with officials in the mass transit and passenger rail 

systems. 

Question 6. TSA continues to be ranked overall as one of the worst government 

organizations to work for. What do you see as the major reason for the poor morale 

in the agency? What impact do you think it is having on the agency’s performance? 

What actions will you take to immediately address the issue? 

Answer. In my current position at Los Angeles International Airport with the Los 

Angeles World Airports Police Department, I have witnessed firsthand the commitment of the TSA work force. If confirmed, the TSA workforce will be a top priority. 

Throughout my career, I have focused on effectively utilizing my workforce and 

training and preparing them for new challenges. I understand TSA has enacted a 

series of workforce initiatives to reward and incentivize employees for their work, 

including full-time benefits for part-time employees, a peer review program, career 

progression opportunities, and enhanced training. In my experience, education incentives, professional development, and leadership development have been key not 

only to attracting but also retaining a quality work force. If confirmed, I look forward to using these tools to recruit and develop tomorrow’s leaders within TSA. 

Question 7. Over the past several years Congress and the GAO have made recommendations and set requirements for TSA to resolve credentialing issues. The 

process has taken much longer than is expected and has been far more expensive 

than estimated. The original deadlines have passed and there are still problems 

with issuing, activating and reading the TWIC. What assurances can you give us 

that this long awaited program will be fully functioning in the near term? Stakeholders, pilot participants, and GAO have been very critical of the TSA’s efforts to 

effectively conduct a Congressionally mandated card reader pilot project to test card 

reader technology in a variety of geographic areas with varying environmental conditions to test the performance of card reader technology in the harsh maritime domain. What steps will you take to establish consistent metrics across the port pilot 

areas and vessel participants to establish validity of the pilot program and reliability of the pilot’s performance outcomes? Are you testing card reader technology 

that is capable of reading other certified Federal credentials? 

Answer. I understand that TSA is currently working with the Coast Guard to test 

TWIC reader technology in different environments across the country before the 

Coast Guard moves forward with a card reader rule for nationwide deployment. If 

confirmed I will work with the Coast Guard, port and industry partners, and this 

Committee, to deploy card reader technology as expeditiously as possible. 

Question 8. With the proliferation of credentialing programs within the Department of Homeland Security and within the Federal Government generally, how is 

TSA working to modernize their vetting process and better coordinate mutual recognition of government issued credentials that have similar background checks and 

disqualification standards such as the TWIC, SIDA and FAST credentialing programs? Is TSA taking steps to engage the Department of Defense to establish coordinated background check or mutually recognizes credential systems to facilitate 

transportation between the commercial transportation systems into DOD facilities? 

Answer. It is my understanding that TSA continues to harmonize many of its vetting and credentialing programs, both internally and with other government authorities, to the extent that it is permitted by law. If confirmed, I will work with 

the DHS Screening Coordination Office and other agencies, both within and outside 

of DHS, to modernize the use of threat assessment and credentialing programs, generate efficiencies, and enhance interagency cooperation. 

Question 9. TSA program managers have repeatedly raised concerns to GAO 

about the limited staff resources available to carry out essential program functions 

related to securing surface transportation modes, such as monitoring the implementation of security initiatives and evaluating the effectiveness of programs. What efforts will be made to ensure the effective allocation of staff resources across transportation modes, and what underlying principles will guide priorities for allocating 

staff resources among the various modes of transportation and threat scenarios? 

Answer. It is critical that we maintain a sustainable capability to support security 

enhancements in surface transportation. 

Congressional actions have enabled TSA to expand its capabilities in surface 

transportation security. Surface Transportation Security Inspectors conduct security 

assessments to identify potential vulnerabilities and subsequently apply the results 

to inform the development of security enhancement programs and allocations of resources, most notably transportation security grants. Congress provided the means 

to establish this program in FY 2005 and has continued to invest each year since. 

74 

Congress has also acted to expand TSA’s capabilities to augment security in surface modes through Visible Intermodal Prevention and Response (VIPR) team deployments, appropriating funds that enabled the present deployment of 10 standing 

teams in metropolitan areas around the Nation. I understand the FY 2010 DHS appropriations bill would support creation of up to 15 more standing teams. 

I believe effective deterrence is dependent upon variability, randomness, and unpredictability in security activities at and near surface transportation systems. Coupled with the capabilities of Federal Security Directors and Federal Air Marshal 

Special Agents-in-Charge across the country, TSA can potentially expand the scope 

of the deployments described above to sustain a higher operational pace and in turn 

more effectively deter threats. 

Question 10. Intelligence demonstrates that the transportation network continues 

to be a key and attractive target for those wishing to harm U.S. interests and that 

the terrorist threat continues to evolve. DHS has made considerable progress in 

strengthening the security of commercial aviation since September 11, 2001, but 

must continue to adapt security measures to counter evolving threats, balance resources across missions, and enhance technologies to strengthen security. Since its 

creation following the events of September 11, 2001, TSA has focused much of its 

efforts and resources to strengthening commercial aviation security. TSA has more 

recently placed additional focus on securing surface modes of transportation, which 

includes establishing security standards and conducting assessments and inspections of surface transportation modes. In your view, what are the most significant 

challenges facing the department in its efforts to secure the Nation’s aviation, passenger rail, bus, and mass transit system? What short-term and long-term actions 

need to be taken to strengthen the security of the Nation’s transportation systems 

mentioned above? 

Answer. There are a number of challenges facing the Department ofHomeland Security (DHS) and the Transportation Security Administration (TSA) as the Department works with stakeholders and the public to strengthen security across all 

modes of transportation. 

I understand that perhaps the most significant challenge facing TSA in surface 

transportation security is uncertainty. We must continuously pursue efforts to expand our awareness and understanding of a dynamic threat environment and ensure we share accurate intelligence and security information with our partners—the 

owners and operators of surface transportation systems, law enforcement and security officials, and local, tribal and Federal Government partners—in a timely and 

effective manner. True collaboration is essential to maintaining a unified approach 

that integrates the broad range of people, institutions and organizations involved in 

surface transportation security and emergency management. I understand a foundation has been developed through joint security activities, exercises, training, and 

public awareness efforts, but more must be done. 

Question 11. Within the Nation’s surface transportation system, what security priorities would you focus on as Assistant Secretary? 

Answer. As we have seen from attacks around the world in Madrid, London, 

Mumbai and elsewhere, transit systems and other soft targets have significant 

vulnerabilities. If confirmed, I will focus on the following surface transportation priorities: the reduction of risk, intelligence- and information-sharing, developing best 

practices, security training for frontline employees, a robust exercise program, focused use of new technology, and deployment of random, unpredictable security assets. Going forward, it will be critical that TSA and surface transportation providers 

also focus on developing resilient systems that can recover quickly. 

My experience with the California Office of Homeland Security and the Los Angeles World Airports Police Department has shown me coordination with all of the appropriate stakeholders, in both the public and private sectors, is a key element in 

strengthening our Nation’s ability to prevent and recover from attacks on surface 

transportation systems. 

Question 12. What key steps would your experience suggest that the department 

and TSA might take to define and implement a strategy to strengthen security in 

these non-aviation modes? 

Answer. Based on my thirty years in law enforcement and the position I held with 

the State of California, I strongly believe that it is essential for TSA to work closely 

and increase communication with law enforcement personnel to share best security 

practices and innovations. The dialogue must be two-way so that there is a crossfertilization of ideas between TSA and state, local, tribal and territorial governments, and the private sector. I understand that TSA is implementing a transportation security Information Sharing and Analysis Center that will provide for the 

information-sharing and best practices. If confirmed, I look forward to implementing 

75 

this and other innovative strategies to strengthen our transportation security efforts. 

Question 13. What do you believe the Department’s role should be in ensuring the 

security of mass transit and passenger and freight rail systems, and what obstacles, 

if any, hinder the Department from successfully performing such a role? 

Answer. The Department of Homeland Security and the Transportation Security 

Administration play a leading role in identifying current threat scenarios and communicating them in a timely manner to affected security partners at private sector, 

Federal, State, tribal, and local levels. In partnership with transportation and critical infrastructure/key resources owners and operators, we can develop and implement comprehensive, measurable, and effective risk-based security programs and 

ensure resiliency in our transportation networks. If confirmed, I will work to identify and overcome any potential obstacles to achieving this goal. 

Question 14. Since 9/11, there have been several terrorist attacks around the 

world on mass transit systems such as the attacks in Spain (2004), London (2005), 

Mumbai (2006), and most recently in China (2008). These attacks suggest that mass 

transit systems could be a target of future terrorist action. In addition, freight rail 

is the primary mode by which hazardous materials are transported throughout the 

nation, with railroads typically carrying about 1.8 million carloads of hazardous materials annually. These materials also serve as a potential target for terrorists. What 

changes, if any, do you envision making in TSA’s current organizational approach 

for addressing the security needs of the surface transportation and aviation modes 

in a limited resource environment? 

Answer. If confirmed, I would like the opportunity to carefully study TSA’s current organizational structure before determining what changes, if any, are necessary. 

I will certainly ensure that TSA continues collaboration with its security partners 

to reduce the vulnerability of all modes of transportation. As an example, I understand that collaboration with the Nation’s freight railroads has already realized a 

measured risk reduction of nearly 74 percent associated with the transportation of 

hazardous materials through high threat urban areas since tracking began in 2006. 

Question 15. TSA has a number of programs assessing different assets within the 

transportation sector, such as mass transit, passenger rail, pipelines and highway 

infrastructure. Do you think TSA would benefit from conducting a risk assessment 

of the transportation sector as a whole? 

Answer. Yes, I believe that TSA would benefit from conducting a risk assessment 

of the entire transportation sector. I understand that TSA is currently in the process 

of conducting such an assessment in accordance with the Fiscal Year 2009 DHS Appropriations Act. 

Question 16. Through its ENGAGE training for Transportation Security Officers 

and its Screening of Passengers by Observation Techniques (SPOT) program, TSA 

has taken steps to expand its security efforts to screen for passengers with suspicious behaviors in addition to screening for prohibited items. What is your vision 

for expanding TSA’s behavior-based programs? How will you gauge the success of 

this new security paradigm? 

Answer. If confirmed, I would like to carefully study TSA’s behavior-based screening programs, such as ENGAGE! and SPOT, before determining how to expand 

these programs or committing to a method for gauging their success. 

Question 17. With the shift of grant programs to FEMA, stakeholders have raised 

concerns that TSA now lacks the ability to appropriately assess the benefits of Federal investment in the reduction of risk that such grant programs are intended to 

address for our transportation sectors. How can TSA become more involved is assessing the lessons learned from the allocation of grant funds through the various 

transportation security grants programs into the TSA’s programmatic management 

and risk management overall? 

Answer. If confirmed, I will work closely with FEMA to ensure that the Transit 

Security Grant Program is functioning as efficiently as possible. I understand that 

TSA is already involved in assessing lessons learned, and I see that role expanding 

through, for example, continued and greater involvement of the Transportation Security Inspectors in conducting Baseline Assessment for Security Enhancement reviews. This should allow TSA to glean lessons learned from more grant recipients 

more frequently. 

Question 18. Recent press reports have raised questions about how well the TSA 

and the FAA vet individuals who receive airman certificates, which include pilot licenses, mechanic licenses, and everyone else who has direct access to aircraft. What 

76 

is the status of efforts the agency is taking to address this vetting issue? What is 

the timeline for the anticipated completion of these efforts? 

Answer. I understand fully the importance of this issue, and recently met with 

FAA Acting Deputy Administrator Lynne Osmus and DHS Deputy Assistant Secretary for the Screening Coordination Office (SCO) Kathy Kraninger to learn more 

about it. If confirmed, I will work with FAA, SCO, and this Committee to ensure 

TSA is vetting against the correct lists and that FAA Airman Certificates are not 

issued to the wrong people or retained by people who should not have that privilege. 

Question 19. Is TSA taking steps to review other criminal watch lists housed in 

the government (e.g., Treasury Department) that are not currently being utilized by 

the Department of Homeland Security (DHS) for Airman Certificate vetting? 

Answer. I understand that the topic of vetting against other criminal watch lists 

is one of the items being discussed by a TSA/FAA working group. If confirmed, I 

will work with FAA, the Screening Coordination Office, you, and the Committee to 

make sure TSA is vetting against the correct lists and that FAA Airman Certificates 

are not issued to or retained by the wrong people. 

In response to your related question at the hearing, I followed up with TSA staff 

about general aviation and airman certificate vetting and was informed that TSA’s 

vetting of airman certificate holders does, in fact, include general aviation pilots. 

TSA is checking all 3.9 million FAA certificateholders daily (perpetual vetting) 

against the full Terrorist Screening Data base (TSDB), which includes the No Fly/ 

Selectee Lists. The 3.9 million figure includes both general aviation and commercial 

pilots, as well as mechanics, flight engineers, navigators, flight attendants, and others who are granted airman certificates. 

Question 20. Will TSA be incorporating the use of biometric identifiers in either 

Airman Certificate or watch list data bases? 

Answer. If confirmed, I will work with the Terrorist Screening Center and DHS 

Screening Coordination Office to enhance the effectiveness of watch list data bases. 

It is my understanding that TSA continues to harmonize many of its vetting and 

credentialing programs within DHS and with other government authorities, and I 

look forward to continuing that effort. 

Question 21. GA security has received relatively little attention since 9/11. There 

are a number of voluntary GA security guidelines, but few requirements are currently in place for this segment of the aviation industry. Would you consider developing a national strategy to address GA security? What concepts do you believe 

should be mandated to strengthen the GA security regime? 

Answer. Yes, I believe that General Aviation (GA) should be included as part of 

a national strategy for transportation security. I understand that the effort to update the Transportation Systems Sector Specific Plan (TSSSP) is well under way 

and will include an Annex on aviation that addresses GA. I’ve also been informed 

that DHS anticipates issuing the TSSSP with its accompanying modal Annexes in 

2010. 

In my current position an Assistant Chief for Homeland Security and Intelligence 

for the Los Angeles World Airports (LA WA) Police Department, I am responsible 

for security at Van Nuys Airport, one of the busiest general aviation airports in the 

country. What I have seen in my experience is that as we worked to harden security 

at LAX, there was concern that the risk might be pushed out to our other three general aviation airports. As we worked to mitigate that risk, we engaged and educated 

our stakeholders so that they were a part of our mission and were empowered to 

report suspicious activity. I believe in collaborative approaches like this one, and if 

confirmed, I am committed to reaching out to stakeholders, particularly those in 

general aviation community, to build on their partnership with TSA to ensure best 

practices and risk-based solutions are implemented. 

If confirmed, I look forward to working with you on strengthening GA security efforts. 

Question 22. In your experience with advanced screening technologies, such as 

backscatter and millimeter wave (new imagery technology) have you found them a 

useful tool? What do you believe is the future for such technologies? 

Answer. As someone who has worked on counterterrorism matters at the Federal, 

state, and local level for 30 years, most recently as an Assistant Chief for Homeland 

Security and Intelligence for the Los Angeles World Airports (LA WA) Police Department, I believe we need a multilayered approach that incorporates technology. 

Advanced imaging technology (AIT) helps mitigate known and evolving threats and 

provides the ability to detect metallic and non-metallic objects on travelers without 

physical contact. 

Question 23. What do you believe needs to be done to speed the deployment of 

such technology to the field? 

77 

Answer. It is my understanding ARRA funds have been used to advance the deployment of new technology to airports across the country. If confirmed, I will work 

within the President’s budget to maximize resources and deploy appropriate technology to provide the best security for the traveling public. 

Question 24. The requirement to rescreen all checked bags inbound from Canada 

has been expensive from both a TSA and individual air carrier perspective. With 

the Olympic games moving to Vancouver in 2010, air traffic between our nations 

will increase substantially. Do you believe the TSA will be able to effectively address 

this sustained increase in traffic? Will TSA consider conducting a pilot program with 

the Canadian government to screen all bags with 100 percent Explosive Detection 

System (EDS) for the period covering the Olympic games. 

Answer. It is my understanding that TSA is well positioned to meet the challenges associated with increased travel between the United States and Canada during the 2010 Vancouver Olympics. If confirmed, I will continue to work with my Canadian counterparts to ensure a solution that generates efficiencies for passengers 

and meets both nations’ security responsibilities. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BILL NELSON TO

ERROLL G. SOUTHERS

Question 1. You mentioned that an accurate registered traveler program would 

help TSA to focus on higher risks. Earlier efforts reportedly stalled in part because 

TSA did not provide clear direction on what information was needed in order for 

pre-screened travelers to be accelerated through security. Are you committed to 

working with registered traveler programs to identify this information in order to 

facilitate a safe, sound process, while assuring that personal information is kept private and secure? 

Answer. If confirmed, I would like to explore a Registered Traveler concept further. I look forward to working with you and this Committee on ways to efficiently 

allocate our resources to bolster security, focus on risk, and enhance the passenger 

experience. 

Question 2. It is vital that general aviation is secure. However, many rules written for commercial aviation do not effectively apply to general aviation in the way 

they are intended, or do not take into account key differences between the two. 

When implementing safety and security policies for general aviation, will you work 

with the GA community to ensure that rules are effective and sound? 

Answer. Yes. As someone who has worked on counterterrorism matters at the 

Federal, state, and local level for 30 years, and most recently as an Assistant Chief 

for Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) 

Police Department, I understand the challenges of securing both commercial and 

general aviation airports. The balance between ensuring the free flow of commerce 

and protecting our Nation’s vital transportation systems is critical to TSA’s mission. 

In my current position, I am responsible for security at Van Nuys Airport, one 

of the busiest general aviation airports in the country. What I have seen in my experience is that as we worked to harden security at LAX, there was concern that the 

risk might be pushed out to our other three general aviation airports. As we worked 

to mitigate that risk, we engaged and educated our stakeholders so that they were 

a part of our mission and were empowered to report suspicious activity. I believe 

in collaborative approaches like this one, and if confirmed, I am committed to reaching out to stakeholders, particularly those in general aviation community, to build 

on their partnership with TSA to ensure best practices and risk-based solutions are 

implemented. I look forward to the opportunity to work with you and the Committee 

on this issue moving forward. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARIA CANTWELL TO

ERROLL G. SOUTHERS

Question 1. Mr. Southers, as you know, there is a one-hundred percent screening 

requirement for all cargo placed on commercial passenger flights that goes into effect next August. In some instances, meeting this mandate without causing undo 

economic harm is going to be challenging. 

Let me give you an example. In Washington State, the fresh cherry season is very 

short and cherries need to be picked, packed and shipped within 24 hours. During 

the season, fresh cherries are flown from SeaTac to Asian markets on anywhere between eighty to one hundred dedicated freight aircraft flights as well as in the cargo 

hold of numerous commercial passenger flights. 

78 

To help the cherry growers meet the current fifty percent inspection requirement, 

this summer TSA provided K–9 units to scan the cherries shipped on these commercial passenger flights. And I thank TSA for doing that. But everyone recognizes this 

is not a viable long term solution to meet my growers’ need to have cherries shipped 

on commercial passenger flights and TSA’s need to ensure the security of our skies. 

I have been told that equipment is being tested that would allow freight forwarders to scan full pallets and containers at airports before they are loaded onto 

planes. The availability of this technology would greatly improve the ability of our 

cherry growers to get their highly perishable product to Asian markets quickly and 

efficiently, and eliminate the need for dogs. Based on your experience at LAX, what 

is the status of the testing of this technology? 

Answer. I strongly support deployment of advanced technology to assist in meeting the air cargo screening requirements in the 9/11 Commission Act. I understand 

that TSA is evaluating technologies that can be used for screening perishables on 

skid level (48 x40) material handling devices. I further understand that TSA intends 

to commence the laboratory evaluation of this technology before the end of CY 2009, 

operational testing is being planned at Miami and Boston facilities, and TSA anticipates that this technology will be added to its list of approved technologies in the 

first quarter of CY 2010. 

Question 1a. When do you believe freight forwarders be able to begin utilizing 

these scanners? 

Answer. Once approved by TSA and added to the approved products list, availability from the manufacturers will dictate when freight forwarders will be able to 

install and operate this equipment. 

Question 1b. If confirmed, will you consider accelerating the rollout of these scanners? 

Answer. I understand that TSA is expediting its schedule to fully evaluate this 

and other technologies in support of the 100 percent screening mandate. Once approved by TSA, the timeline for rolling out these scanners will be dependent on the 

availability of the technology from the manufacturers. 

Question 2. Mr. Southers, passengers flying in from Canada who have a connecting flight to other destinations within the U.S., have to get their baggage 

screened twice—first at the Canadian airport and then at the port-of-entry U.S. airport. This causes needless delays without necessarily increasing security. I imagine 

this situation occurs at LAX just as it does at airports in Washington State. Why 

do you think this type of baggage is being screened twice? Do you see a need for 

the U.S. and Canada to harmonize procedures and/or standardize on equipment? If 

confirmed, do you see this as an issue that you can help resolve? 

Answer. It is my understanding that Federal law requires all baggage arriving 

from foreign nations be screened by TSA prior to departing on a connecting domestic 

flight. TSA may only accept baggage screened in Canada if Canadian screening 

methods provide the same or a superior level of security than U.S. procedures. I understand that TSA and its Canadian counterparts continue to exchange information 

in furtherance of this goal. If confirmed, I will continue to work with my Canadian 

counterparts to achieve a solution that generates efficiencies for passengers and satisfies both nations’ security responsibilities. 

Question 3. Mr. Southers, roughly seventy percent of container ship traffic entering the Port of Seattle and the Port of Tacoma is discretionary. That is, only thirty 

percent of the contents of these containers get consumed in Pacific Northwest, the 

remainder gets transported to points east. 

Washington Ports compete with Canadian ports in Vancouver and at Prince 

Rupert for discretionary container traffic. Asian shippers decide where to ship to, 

based on price and schedule. I understand that there is a statutory mandate to scan 

all U.S.-bound containers with non-intrusive equipment at overseas port of loading 

by July 2012. 

Do you know if container ships bound for Canadian ports will have similar scanning requirements for in-bound containers? If that is not the case, do you think that 

this difference in law will place U.S. west coast ports at a competitive disadvantage? 

Do you see a need to harmonize policies and practices with respect to ensuring the 

security of in-bound containers across North America? 

Answer. I understand that issues relating to in-bound maritime containers are the 

responsibility of U.S. Customs and Border Protection (CBP) and are not within the 

scope of TSA’s responsibilities. If confirmed, I will work to coordinate with CBP to 

ensure DHS provides the answers to your questions. 

Question 4. Mr. Southers, the original Notice of Proposed Rule Making (NPRM) 

for Large Aircraft Security Program (LASP) would have required all U.S. operators 

of aircraft exceeding twelve thousand pounds maximum take-off weight to impleVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000082 Fmt 06601 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
79 

ment security programs that would be subject to compliance audits by TSA. As you 

know, there was considerable controversy regarding the proposed rulemaking within 

the general aviation community, general aviation airports, and those who rely on 

general aviation for transportation. The original LASP NPRM was rescinded earlier 

this year for revisions. In recent days, published reports indicate that TSA intends 

to issue a supplemental NPRM for LASP early next year. My understanding is that 

at LAX, you work with nearby general aviation airports on security matters. If confirmed, based on your experience, what is your general approach to risk management at general aviation airports? 

Answer. As someone who has worked on counterterrorism matters at the Federal, 

state, and local level for 30 years, and most recently as an Assistant Chief for 

Homeland Security and Intelligence for the Los Angeles World Airports (LA WA) 

Police Department, I understand the challenges of securing both commercial and 

general aviation airports. The balance between ensuring the free flow of commerce 

and protecting our Nation’s vital transportation systems is critical to TSA’s mission. 

Question 4a. Generally speaking, what do you think are the most serious 

vulnerabilities at general aviation airports? 

Answer. As you note, I am responsible for security at Van Nuys Airport, one of 

the busiest general aviation airports in the country. What I have seen in my experience is that as we worked to harden security at LAX, there was concern that the 

risk might be pushed out to our other three general aviation airports. As we worked 

to mitigate that risk, we engaged and educated our stakeholders so that they were 

a part of our mission and were empowered to report suspicious activity. I believe 

in collaborative approaches like this one, and if confirmed, I am committed to reaching out to stakeholders, particularly those in general aviation community, to build 

on their partnership with TSA to ensure best practices and risk-based solutions are 

implemented. I look forward to the opportunity to work with you and the Committee 

on this issue moving forward. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

ERROLL G. SOUTHERS

Question 1. Our transportation security efforts have largely focused on aviation. 

As TSA Administrator, how will you protect the millions of Americans who travel 

by mass transit and passenger rail? 

Answer. If confirmed as Administrator, I will pursue advancing a collaborative security strategy that integrates key stakeholders from mass transit and passenger 

rail systems, local law enforcement departments, the emergency response community, and our state, local, tribal and Federal Government partners. I will continue 

to use TSA’s Visible Intermodal Prevention and Response (VIPR) teams to expand 

the scope of resources applied to deterrent security activities. I understand from 

briefings with the TSA officials that a five-pronged strategic approach is in place 

and these priorities are: 

• Protect High Risk Assets and Systems; 

• Elevate the Security Baseline; 

• Build Security Force Multipliers; 

• Assure Information Flow; and 

• Expand Partnerships for Security Enhancement. 

If confirmed, I will review this approach carefully, with the specific purpose of 

identifying opportunities to enhance our effectiveness, including the sustainability 

of our efforts, in this important area. 

Question 2. As Administrator, what actions will you take immediately so that TSA 

meets all deadlines set by Congress in the Implementing Recommendations of the 

9/11 Commission Act, including the comprehensive risk assessment and national security strategy for the rail sector due this year? 

Answer. I understand that many of the outstanding requirements of the 9/11 

Commission Act relate to the issuance of regulations through the notice and comment rulemaking process. This is a time consuming process that requires careful 

thought and consultation with all necessary stakeholders as the regulations are developed. I have been told that these rulemaking projects are underway, and that 

TSA continues to work with stakeholders on interim voluntary risk reduction measures. 

Additionally, the requirement to complete a comprehensive risk assessment for 

the rail sector, as required by Section 1511 of the 9/11 Commission Act, is being 

incorporated into TSA’s Transportation System Security Risk Assessment (TSSRA). 

80 

When complete, the TSSRA will provide the context for TSA to compare railroad 

risks with risks in other modes of transportation. The national strategies, also required by the 9/11 Commission Act, will be incorporated into the corresponding annexes of the upcoming update of the Transportation System Sector Security Plan 

(TSSSP). The TSSSP, a comprehensive unifying plan, will supersede separate interim strategies and plans for each mode of transportation. If confirmed, I will support this approach, to increase effectiveness in assessing risk and in informing and 

guiding mitigation efforts. 

Question 3. Now that the deadline for workers to obtain these TWIC cards has 

been met, TSA must now focus on deploying technology that can be used to accurately read the cards. How long will it be before our ports have the technology in 

place to read TWIC cards? 

Answer. I understand that TSA is currently working with the Coast Guard to test 

TWIC reader technology in different environments across the country before the 

Coast Guard moves forward with a card reader rule for nationwide deployment. 

Like you, I am eager to see this technology deployed. Though I am not currently 

aware of the details of the pilot and the Coast Guard’s rulemaking work, if confirmed I will work with the Coast Guard, port and industry partners, and this Committee, to expedite card reader technology deployment. 

Question 4. As Administrator, will you commit to setting the number of airport 

screeners based on an analysis of risk and need? 

Answer. If confirmed as TSA Administrator, I will explore the most effective 

method to staff screening checkpoints. I understand that TSA currently uses a 

Screening Allocation Model to determine the staffing of Transportation Security Officers at commercial airports. This model uses available resources provided by Congress to staff screening checkpoints based on a number of factors, including risk, 

airline schedules, and passenger volume. 

Question 5. A recent GAO report found that some of these VIPR Teams do not 

have sufficient training or enough radios to coordinate effectively with local law enforcement and surface transportation officials. How will you provide adequate training and resources so VIPR can protect our transportation networks? 

Answer. My current experience with VIPR teams at Los Angeles International 

Airport has been positive, as TSA has gone to great lengths to include local teams 

and work with them on deployment based on risk. I believe VIPR teams enhance 

TSA’s ability to leverage resources quickly to increase visible security in any mode 

of transportation anywhere in the country. As a former law enforcement academy 

instructor, I understand the importance of providing the proper training so that officers can fulfill their duties and execute their mission. I recognize the importance 

of continuing to provide training and resources to all TSA employees, including 

VIPR teams. 

It is essential to integrate local law enforcement into the deployment VIPR teams. 

If confirmed, I will work with these key stakeholders to ensure that VIPR teams 

are helping to make our transportation systems the best in the world. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. AMY KLOBUCHAR TO

ERROLL G. SOUTHERS

Question 1. Are you aware of the persistent problems associated with the terrorist 

watch lists, whereby innocent travelers experience unnecessary delays or inconveniences as a result of their names being mistaken for individuals on the ‘‘Selectee’’ 

or ‘‘No-Fly’’ lists? Could you provide an update on the progress the Secure Flight 

program is making in reducing the number of watch list misidentifications? 

Do you believe that the Secure Flight program, once it is fully operational, will 

effectively address the problems of watch list misidentifications? Are there additional authorities or resources Congress could provide that would enhance the ability of TSA to address these problems? 

Do you believe that TSA will be able to meet its current goal of having Secure 

Flight fully implemented for all domestic flights by early 2010, and for all international flights by the end of 2010? 

Answer. I share your concerns about travel delays and watch list 

misidentifications. The additional information provided by passengers to the Secure 

Flight program will significantly reduce the number of watch list misidentifications, 

while applying the most advanced technology to passenger vetting. As a result, incidents where passengers must go to the ticket counter to resolve potential 

misidentifications will be greatly reduced. 

81 

It is my understanding that TSA is well positioned to complete implementation 

of the Secure Flight program. TSA is working with the air carriers to implement 

Secure Flight in phases, with each airline incorporating the necessary changes into 

their systems. The key to success for this program is collaboration; if confirmed, I 

will continue to work with the airlines and other stakeholders to achieve timely implementation. 

Question 2. It is my understanding that TSA officials are engaged in ongoing discussions with Canadian authorities to put in place new baggage screening technologies and procedures at Canadian airports that will meet U.S. baggage screening 

standards. Such an agreement could negate the need for current regulations that 

require checked luggage screened at Canadian luggage to be rescreened before 

transfer to a U.S-based connecting flight, requirements that pose significant 

logistical and cost challenges to U.S. airline and airport operators. Could you provide an update on the current status of discussions between TSA and Canadian authorities regarding this issue? Could you provide an estimate of the timeline for 

final resolution of this issue? 

Answer. I understand that TSA and its Canadian counterparts continue to exchange information in pursuit of this goal. If confirmed, I will continue to work with 

my Canadian counterparts to achieve a solution that generates efficiencies for passengers and satisfies both nations’ security responsibilities. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

ERROLL G. SOUTHERS

Question 1. In your confirmation hearing, you stated that, ‘‘The whole body imaging platform still remains 100 percent optional, so our travelers still have the option 

to not participate.’’ The TSA website states, ‘‘Use of whole body imaging technology 

is always 100 percent optional to all passengers.’’ As Administrator, will you maintain this policy and ensure that passengers always have an alternative screening 

method to whole body imaging? 

Answer. Yes, if confirmed I will maintain TSA’s current policy that passengers 

may request alternative screening procedures. If a passenger opts to not use imaging technology, they will receive equivalent screening, which will include use of a 

walk through metal detector and a pat-down. 

Question 2. The TSA’s website claims that, ‘‘Many passengers prefer advanced imaging technology. In fact, over 98 percent of passengers who encounter this technology in TSA pilots of technology prefer it over other screening options.’’ Do you 

believe that the public has been adequately informed about whole body imaging 

technology and the images it produces? 

Answer. I understand that TSA has provided information to the public and the 

media on the deployment and use of imaging technology to assist in screening passengers. However, I agree that continued and extensive education of the traveling 

public and affected stakeholders is critical to TSA’s mission. 

Question 2a. Would you support providing more information about the technology 

to passengers before they reach the point of screening, such as signs placed in the 

terminal and at the beginning of security lines? 

Answer. Yes. It is my understanding that TSA has reached-out to aviation stakeholders and passengers during the technology’s pilot phase, and that TSA has signs 

informing passengers about the technology, including sample images at airport security checkpoints, in front of the machine, and on the machine itself If confirmed, 

I will ensure that adequate signage is in place and also continue to build upon the 

agency’s current ‘‘Why?’’ campaign so the public can better understand everyday 

practices and protocols of our security, including imaging technology. 

Question 3. TSA pat-down inspections are done by a TSA officer who is the same 

sex as the passenger. The images produced by whole body imaging technology are 

very detailed and the sex of the passenger is easily identifiable. 

In order to enhance passenger privacy, would you support a policy to require that 

the TSA officer who views the images produced by whole body imaging machines 

be the same sex as the passenger being screened? 

Answer. I believe the effort to provide effective aviation security requires a balance between technology, privacy and security. It is my understanding that TSA’s 

current protocol requires that all images generated by imaging technology are 

viewed in a walled-off location that is not visible to the public. The officer assisting 

the passenger cannot view the image, and as an additional precaution, the officer 

viewing the image never sees the passenger. The image that is displayed uses the 

most advanced privacy filters currently available and I support TSA’s long-term goal 

82 

to advance the technology so the human image is stick-figure like while still displaying anomalies. It is my understanding that TSA is actively working with vendors to achieve this capability. If confirmed, I will work to ensure the privacy of the 

traveling public is protected while providing the necessary security to protect them. 

Question 4. Members of the general aviation community have expressed concerns 

about TSA’s Large Aircraft Security Program (LASP) proposed rulemaking. My understanding is that TSA plans to respond by issuing a supplemental Notice of Proposed Rulemaking (NPRM) to address some of these concerns. Could you share how 

TSA under your leadership will engage and work with the general aviation community when developing and promulgating aviation security requirements? 

Answer. As someone who has worked on counterterrorism matters at the Federal, 

state, and local level for 30 years, and most recently as an Assistant Chief for 

Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) Police Department, I understand the challenges of securing both commercial and general aviation airports. I am responsible for security at Van Nuys Airport, one of the 

busiest general aviation airports in the country. What I have seen in my experience 

is that as we worked to harden security at LAX, there was concern that the risk 

might be pushed out to our other three general aviation airports. As we worked to 

mitigate that risk, we engaged and educated our stakeholders so that they were a 

part of our mission and were empowered to report suspicious activity. I believe in 

collaborative approaches like this one, and if confirmed, I am committed to reaching 

out to stakeholders, particularly those in general aviation community, to build on 

their partnership with TSA to ensure best practices and risk-based solutions are implemented. 

With regard to the issuance of TSA’s Large Aircraft Security Program (LASP) Notice of Proposed Rulemaking, I understand that after receiving more than 8,000 

public comments and holding public meetings and comment sessions with stakeholders throughout the country, TSA is developing a supplemental Notice of Proposed Rulemaking for the LASP program that will address many of the concerns. 

If confirmed, I look forward to the opportunity to work with you and the Committee 

on this issue moving forward. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK WARNER TO

ERROLL G. SOUTHERS

Question 1. It is my understanding that, with Richmond International Airport’s 

plans to rebuild its terminal in 2004, TSA asked them to install TSA’s in-line explosive detection system during the reconstruction work. Completing the installation 

during the process of rebuilding Richmond’s terminal would, in fact, be more cost 

effective than completing the installation on its own at a later date. Although TSA 

did not have funds available at the time, an April 28, 2005 letter from TSA stated 

it would continue to work with the airport and would include the airport’s request 

in future budget deliberations. Richmond agreed to cooperate and built TSA’s explosive detection system, completing the work in 2007. Although the Richmond Airport 

completed the installation work 2 years ago, TSA has yet to provide reimbursement. 

Can you commit in a timely manner to making it a priority that TSA fulfills its commitment to reimburse Richmond International Airport for the $3.6 million expense 

of installing the in-line explosive detection system? 

Answer. If confirmed, you have my commitment to look into the Capitol Region Airport Commission’s $3.6M request for reimbursement of the checked baggage inline explosive detection system (EDS) installed at Richmond International Airport 

(RIC). I look forward to working with you, the Committee and officials at the Capitol Region Airport Commission and RIC on this issue. 

Question 2. The Transit Security Grant Program is intended to address the security needs of bus and rail systems including both capital projects and operating initiatives. Transit systems should be the primary decisionmakers on the allocation of 

funds toward specific security measures; they are the ones directly accountable to 

their employees, customers and the general public for the security of their systems 

and riders on a daily basis. Will you commit to implementing the TSGP so that 

transit agencies can use those funds to meet their unique and urgent security needs, 

including measures that mitigate the impacts of a terrorist attack and reduce recovery times (i.e., detection capability, fire suppression, emergency evacuation and decontamination), particularly where these measures are specified in agency risk assessments? 

Answer. If confirmed, I will support the TSGP to address all of the elements of 

resiliency: prevention, protection, response, and recovery. I recognize each transit 

agency is unique and the TSGP must fund security measures that are best suited 

83 

to enhance specific systems. If confirmed, I will work to ensure that the projects proposed and funded are tied to agency security assessments, as required by the Implementing Recommendations of the 9/11 Commission Act of 2007 (P.L. 110–53). 

Question 3. A new, larger security mezzanine with 24 screening points was recently opened at Dulles International Airport. This new security checkpoint was 

constructed to TSA standards and touted by TSA as the ‘‘checkpoint of the future’’. 

Yet, from day one, TSA has failed to adequately staff this new checkpoint, resulting 

in long lines for travelers trying to make it on time for flights. TSA has now moved 

to permitting screeners to work 4 days-a-week, plus one day with double shifts, 

which is hardly a sustainable solution. Can you provide a plan that shows how the 

new Dulles security mezzanine will be adequately staffed in the future? 

Answer. It is my understanding that the new Mezzanine Checkpoint at Washington Dulles International Airport has the same number of screening lanes as the 

previous Terminal Level configuration, and that TSA has previously committed to 

ensuring that the new checkpoint would be fully equipped and staffed for its opening. If confirmed, I will continue to work with the Office of Security Operations to 

ensure that all airports, including Dulles, are properly staffed to minimize wait 

times and maximize throughput. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK BEGICH TO

ERROLL G. SOUTHERS

Question 1. The Large Aircraft Security Program (LASP) Notice of Proposed Rulemaking was introduced by the TSA at the end of the last Administration and generated a sizable negative response during the public comment period. 

Since then, the TSA has worked toward a new Supplemental NPRM which would 

take into consideration the comments filed to the original proposal as well as 

through direct TSA engagement with industry and stakeholders. If confirmed, will 

you work to move forward on this Supplemental NPRM? What general approach 

would you take with respect to engaging constructively with stakeholders on new 

security requirements? If confirmed, would you ensure these proposals are targeted 

toward specific risks and fully consider the practical implementation of these proposals? 

Answer. As someone who has worked on counterterrorism matters at the Federal, 

state, and local level for 30 years, and most recently as an Assistant Chief for 

Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) Police Department, I understand the challenges of securing both commercial and general aviation airports. The balance between ensuring the free flow of commerce and 

protecting our Nation’s vital transportation systems is critical to TSA’s mission. 

In my current position, I am responsible for security at Van Nuys Airport, one 

of the busiest general aviation airports in the country. What I have seen in my experience is that as we worked to harden security at LAX, there was concern that the 

risk might be pushed out to our other three general aviation airports. As we worked 

to mitigate that risk, we engaged and educated our stakeholders so that they were 

a part of our mission and were empowered to report suspicious activity. I believe 

in collaborative approaches like this one, and if confirmed, I am committed to reaching out to stakeholders, particularly those in general aviation community, to build 

on their partnership with TSA to ensure best practices and risk-based solutions are 

implemented. 

I understand the need to have collaborative discussions with affected stakeholders 

before new security requirements are issued, when time and situation permit, and 

in a setting that respects the sensitivity of certain information. If confirmed, I intend to work with our partners in private industry, the traveling public and at all 

levels of government in formulating and issuing new security requirements. 

With regard to the issuance of TSA’s Large Aircraft Security Program (LASP) Notice of Proposed Rulemaking, I understand that after receiving more than 8,000 

public comments and holding public meetings and comment sessions with stakeholders throughout the country, TSA is developing a supplemental Notice of Proposed Rulemaking for the LASP program that will address many of the concerns. 

I look forward to the opportunity to work with you and the Committee on this issue 

moving forward. 

Question 2. If confirmed, what steps would you take to reconcile items prohibited 

by the TSA with necessary survival equipment required under state law? 

Answer. I understand your concern about the unique circumstances involving air 

travel in Alaska, and I share your view that it is important that we reexamine the 

prohibited items list with respect to rulemaking for general aviation. We should 

84 

1Public Law 110–53, Section 1604. 

strive to ensure not only the safety of the traveling public, but also that we are taking a commonsense approach to security that Americans can easily understand. 

Question 3. The TSA has used Security Directives to expand existing requirements even though a May 2009 report by the DHS Inspector General found ‘‘General Aviation presents only limited and mostly hypothetical threats to security.’’ 

Our most recent experience involves the expansion of security credentialing requirements to tens-of-thousands of pilots and employees at airports and aviation 

manufacturers. This resulted in Security Directive–8F (revised as SD–8G) which 

was developed this summer. There is still considerable confusion and misinformation in the aviation community on the actual rules and facilities impacted by this 

Security Directive. Under what circumstances should TSA use Security Directives 

instead of going through the rulemaking process? 

Answer. As noted above, I understand the need to have collaborative discussions 

with affected stakeholders before new Security Directives or emergency regulations 

are issued, when time and situation permit, and in a setting that respects the sensitivity of certain information. If confirmed, I intend to work with our partners in formulating and issuing new security requirements. 

Question 4. After the September 2001 terrorist attacks, Anchorage International 

Airport (ANC) was required by the TSA to invest in Explosive Detection Systems 

(EDS) with the understanding the TSA would reimburse the airport for at least 75 

percent of the allowable costs. After installation of the EDS was complete the TSA 

determined there was insufficient funding and withdrew its commitments to reimburse ANC, as well as several other airports. Congress tried to address this with 

passage of a law implementing the recommendations of the 9/11 Commission, which 

clarified airports should be reimbursed.1 ANC has still not been reimbursed because 

installation of the EDS was completed before implementation of this Act. Are you 

aware of this problem? If confirmed, what will you do to address the commitment 

for reimbursement originally made by the TSA to airports such as ANC? 

Answer. I am aware of this issue. If confirmed, I plan to study TSA’s reimbursement criteria and process for cost-data collection, review and validation. You have 

my commitment to look into the Anchorage International Airport (ANC) request for 

reimbursement for the checked baggage in-line explosive detection system. I look 

forward to working with you, the Committee and officials at the ANC on this issue. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

ERROLL G. SOUTHERS

Question 1. TSA recently initiated an oversight change to the Principal Security 

Inspector (PSI) position. If confirmed, will you commit to initiating and completing 

a review of the PSI position responsibility changes and its implication on airline 

oversight and compliance before changing the role and responsibilities of PSIs? 

Answer. Yes. If confirmed, you have my commitment to look into the PSI matter. 

Question 2. I have attached a letter from a Sheriff in Harris County, Texas who 

has sought TSA’s approval to utilize armed reserve deputies on commercial aircraft 

for the purposes of extradition cases. Federal law clearly states that the TSA Administrator is authorized to approve such requests; however, the Sheriff’s office has 

been unable to gain authorization. As TSA Administrator, if confirmed, will you review this matter and report back to the Committee on your findings and intentions 

regarding the Harris County request and others like it? (Letter enclosed) 

Answer. Yes. If I am confirmed, I will review this matter. I look forward to working with you to resolve the Sheriff’s concerns and engaging the Committee on the 

overarching policy. I believe my extensive law enforcement background will facilitate and enhance the potential for a collaborative working relationship. 

Question 3. In the face of declining passenger numbers and reduced traffic at 

screening checkpoints, Transportation Security Officers (TSO) are reportedly being 

diverted to other missions beyond the screening checkpoints. Many other TSOs appear to be transitioning to new job assignments, including behavior detection officers, a move that reduces the overall number pool of trained screening personnel. 

As more TSA personnel are moved to roles other than the core checkpoint screening 

mission, one could argue TSA is creating two cultures of ‘‘screeners’’ and ‘‘nonscreeners’’ that, from a staffing perspective, could make it difficult to respond to 

traffic growth and threats that require more personnel at the checkpoint. As TSA 

Administrator, if confirmed, how would you address the dilution of available TSO 

staff at checkpoints, while taking into account yearly budget constraints? 

85 

Answer. I appreciate your concern. If I am confirmed, you have my commitment 

to assess the impact of TSO and Behavior Detection Officers (BDO) staffing on 

checkpoint screening. 

My own experience at Los Angeles International Airport is that BDOs provide 

value by adding an important layer of security. This layer of expertise ensures the 

safety of the traveling public, as well as the reduction of delays. 

Question 4. Given your previous experience working in an airport environment, 

what are your thoughts and concerns regarding the implementation of 100 percent 

physical screening of airport employees, and what solutions would you propose considering existing budget constraints and risk based security models? 

Answer. Theoretically, the implementation of 100 percent physical screening of 

airport employees is a desirable protective protocol. Unfortunately, many airports, 

including LAX, are not configured to support the logistics of such a security process. 

As an example, at LAX, the entire perimeter of our 3,500 acre site would have to 

be secured, with pre-determined access points for employees. Second, all of the perimeter tenants would have to implement 100 percent screening inside their respective facilities. Other airports throughout the country would face similar challenges 

at a great cost. 

Acknowledging the different logistical scenarios present at our Nation’s airports, 

the best scenario would include the ‘‘random’’ checkpoint screening of employees, as 

we have implemented at LAX. In those situations, unannounced, random checkpoints are established at employee entrances and 100 percent screening takes place. 

This process entails the check of employee identification cards and personal items, 

in order for the employee to be granted access to any restricted area. Given limited 

resources and budgetary constraints, this is often the most efficient model we have 

identified to address security while ensuring continuity of operations. 

Question 5. Since the inception of TSA, many stakeholders have consistently had 

concerns regarding the technology acquisition and procurement procedures. Stakeholders point to the lack of focus, clarity, communication and standardization of the 

technology acquisition and procurement process. As TSA Administrator, if confirmed, will you commit to reviewing the existing acquisition process and reporting 

back to the Committee on suggested improvements you intend to implement? 

Answer. Yes. I share the Secretary’s vision for transparency and efficiency for the 

Department. If confirmed, I look forward to working with you and the Committee 

to ensure the agency provides a streamlined process for potential vendors to discuss 

technology products and issues and to bid on TSA procurements. 

Question 6. TSA’s passenger pre-screening program Secure Flight is currently in 

the process of being launched over the next year. As that process moves forward, 

it is important the transition is smooth but also does not create any market based 

competitive advantaged or disadvantages on any one air carrier, solely based on 

early or late adoption into the program. As TSA Administrator, if confirmed, will 

you commit to making sure the transition to Secure Flight does not impact the competitive landscape of the airline industry by creating potential flight booking advantages or disadvantages on any one air carrier? 

Answer. If confirmed, I look forward to working with you, the Committee, the Secure Flight team at TSA, and stakeholders to ensure smooth integration of Secure 

Flight into the airlines’ individual systems. 

Question 7. In August, along with several colleagues on the Committee I signed 

a letter to FAA Administrator Babbitt and Acting TSA Administrator Rossides regarding reported weaknesses in the existing vetting system of Airman Certificates. 

As TSA Administrator, if confirmed, will you commit to implementing and executing 

a plan to eliminate existing weaknesses in the vetting system and to work with the 

FAA to make sure no national security threats are allowed to maintain Airman Certificates? 

Answer. I understand fully the importance of this issue, and recently met with 

FAA Acting Deputy Administrator Lynne Osmus and DHS Deputy Assistant Secretary for the Screening Coordination Office (SCO) Kathy Kraninger to learn more 

about it. If confirmed, I will work with FAA, SCO, and this Committee to ensure 

TSA is vetting against the correct lists and that FAA Airman Certificates are not 

issued to the wrong people or retained by people who should not have that privilege. 

Question 8. In the 9/11 Act, TSA was directed to review ways to enhance security 

by identifying airline flight crew members and giving them expedited access through 

security. I understand that TSA has cooperated with stakeholders on several demonstration projects to test different methods for enhanced aircrew identification. As 

TSA Administrator, if confirmed, how do you intend to implement an expedited access program to sterile areas for aircrew and what type(s) of identification capabilities would be necessary in order to implement such a program? 

86 

Answer. I understand that TSA has been piloting an expedited access program for 

airline flight crew members called CrewPASS. If confirmed, this is a program I 

would be willing to explore. Having a vetted population like this would allow us to 

focus on the risk presented by the unvetted population and may be a wise and efficient use of our resources. I look forward to working with you, this Committee, and 

stakeholders on innovative solutions that enhance security. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JIM DEMINT TO

ERROLL G. SOUTHERS

Question 1. Mr. Southers, in your response to my letter asking whether you will 

enter into a collective bargaining agreement with screeners you state, ‘‘My experiences with the bargaining units in those agencies have been productive, collaborative and challenging.’’ This seems to indicate that you think unionization of 

screeners is not inconsistent with maintaining the highest levels of aviation security. Is this accurate? 

Answer. My statement applied to my current experience at the Los Angeles World 

Airport Police Department, where I have a manager’s understanding of the security 

work force, environment and challenges, not to the TSA. As I mentioned in my letter to you, I would like an opportunity to assess operational and organizational 

issues and to talk with stakeholder groups before making a recommendation to the 

Secretary. If confirmed, it will be my duty and obligation to protect the Nation’s 

transportation systems to ensure freedom of movement for people and commerce. 

Question 2. Mr. Southers, in my letter to you I asked for an answer that began 

with a Yes or No. Unionization of TSA screeners is one of the three or four highest 

profile public policy issues facing the agency you wish to lead. Do you expect the 

Committee to believe that you don’t actually have an opinion on such an important 

public policy issue? 

Answer. Forming an opinion at this time would be premature and would not allow 

me the opportunity for research and discussions with impacted parties. I reiterate 

the commitment I gave you in our meeting and in my recent letter: as a 30-year 

law enforcement officer, the mission comes first with me. If confirmed, I will never 

compromise on ensuring the highest levels of security possible for the traveling public. 

Question 3. Mr. Southers, in your letter you state, ‘‘While the responsibility to recommend that we modify or maintain the status quo rests with the TSA Administrator, the Secretary inherently retains the statutory authority to act upon my recommendation.’’ Additionally during the campaign the President stated, ‘‘If I am 

elected President, I will work to ensure that TSOs have collective bargaining rights 

and a voice at work to address issues that arise locally and nationally.’’ Mr. 

Southers, it seems to me that the political leadership at the highest levels has indicated the fix is in on this issue. In your discussions with the White House and the 

Secretary have you been assured that you will have free reign to implement the policy you believe best protects the public, even if that policy would prohibit collective 

bargaining? 

Answer. The Secretary has said that she would like a TSA Administrator in place 

before any decision on this topic is made. If confirmed, I will carefully study the 

issue, review relevant information, reach out to stakeholder groups, and then make 

a recommendation to the Secretary. Before I can make that recommendation, I must 

have a thorough understanding of TSA’s operations and work force. 

Question 4. Mr. Southers, was Kip Hawley (previous TSA Administrator) wrong 

to continue to prohibit collective bargaining? 

Answer. If I am confirmed, you have my commitment to review relevant information, meet with stakeholder groups, work with all impacted parties, and thoroughly 

review this matter. I was not privy to information that Mr. Hawley had access to 

in his time as Administrator. I commit to you that I will talk to former TSA Administrators for their input and counsel as part of my review process. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

ERROLL G. SOUTHERS

Question 1. Mr. Southers, with your responsibility for security at LAX and general 

aviation airports in Palmdale, Ontario and Van Nuys, what do you see as TSA’s role 

when it comes to general aviation—including smaller airports in South Dakota? I 

pose this question because a number of general aviation users in South Dakota have 

inquired about recent actions by TSA when it comes to what they believe are conVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000090 Fmt 06601 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
87 

troversial Security Directives that mandate commercial airports conduct security 

threat assessments on all general aviation users that have access to the airport. 

While I can understand the need to conduct threat assessments to improve security 

at commercial airports, what balance would you strive for to ensure that general 

aviation users aren’t impeded when it comes to the freedom they currently enjoy 

when traveling from one airport to another? 

Answer. As someone who has worked on counterterrorism matters at the Federal, 

state, and local level for 30 years, and most recently as an Assistant Chief for 

Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) Police Department, I understand the challenges of securing both commercial and general aviation airports. The balance between ensuring the free flow of commerce and 

protecting our Nation’s vital transportation systems is critical to TSA’s mission. 

As you note, I am responsible for security at Van Nuys Airport, one of the busiest 

general aviation airports in the country. What I have seen in my experience is that 

as we worked to harden security at LAX, there was concern that the risk might be 

pushed out to our other three general aviation airports. As we worked to mitigate 

that risk, we engaged and educated our stakeholders so that they were a part of 

our mission and were empowered to report suspicious activity. I believe in collaborative approaches like this one, and if confirmed, I am committed to reaching out 

to stakeholders, particularly those in general aviation community, to build on their 

partnership with TSA to ensure best practices and risk-based solutions are implemented. 

With regard to the issuance of TSA’s Large Aircraft Security Program (LASP) Notice of Proposed Rulemaking, I understand that after receiving more than 8,000 

public comments and holding public meetings and comment sessions with stakeholders throughout the country, TSA is developing a supplemental Notice of Proposed Rulemaking for the LASP program that will address many of the concerns. 

If confirmed, I look forward to the opportunity to work with you and the Committee 

on this issue moving forward. 

Question 2. What do you see when it comes to the future of Security Directives, 

especially as it relates to the manner in which they are issued and whether or not 

you believe that such measures should be subject to public comment and review? 

Answer. I understand the need to have collaborative discussions with affected 

stakeholders before Security Directives or emergency regulations are issued, when 

time and situation permit, and in a setting that respects the sensitivity of certain 

information. 

If confirmed, I intend to work with our partners in formulating and issuing Security Directives and emergency regulations. 

Question 3. Should airports be reimbursed for costs related to implementation of 

security directives? 

Answer. In my current role as Assistant Chief for Homeland Security and Intelligence for the Los Angeles World Airports Police Department, I understand the 

need to implement directives quickly, based on intelligence. However, at this time 

I do not have enough information to make an informed decision about the long-term 

costs to the airports. This is an issue I would like to look at carefully if confirmed 

in coordination with airport partners. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROGER WICKER TO

ERROLL G. SOUTHERS

Question 1. The FY2010 DHS appropriations conference report puts an emphasis 

on controlling the growing maintenance costs of the agency’s screening technologies. 

It is my understanding that TSA is working with vendors to develop equipment with 

greater throughput and lower maintenance costs. What planning is in place to reduce Operational and Maintenance costs associated with Explosive Detection Systems (EDS)? 

Answer. In the current economic environment, I appreciate the need to control 

costs. I have been briefed that TSA is in the midst of a competitive procurement 

for EDS equipment that will use total ownership cost as one of the evaluation factors. For example, the Transportation Systems Integration Facility (TSIF) at Ronald 

Reagan Washington National Airport is dedicated to testing and refining airport security equipment and processes, a critical link to the identification of more efficient 

systems. It is believed that testing at TSIF may yield impressive savings. If confirmed, you have my commitment to review this effort in detail and to work closely 

with TSA’s Office of Security Technology and the Department of Homeland Security’s Technology Security Laboratory to ensure that TSA continues to maximize 

cost and efficiency. 

88 

Question 2. How can funding for Inline Baggage Handling Systems be reduced 

while accommodating future passenger growth? 

Answer. This is a challenging problem—as Assistant Chief for Homeland Security 

and Intelligence for the Los Angeles World Airports (LAWA) Police Department, I 

have worked in an airport that experiences large passenger volume and a significant 

terrorist threat. In the current economic environment, the optimal investment in 

airport security would be in technology that could accommodate future passenger 

growth. Since I have seen first-hand the benefits of a collaborative approach to security, if confirmed, I will make sure the TSA works with stakeholders to understand 

particular airport configurations and review assessments about future passenger 

growth prior to making procurement decisions about technology. 

Question 3. The President’s budget request for Fiscal Year 2010 included $856 

million for Explosives Detection Systems (EDS), which is an increase from the previous enacted level in Fiscal Year 2009 of $294 million. Even with the large increase 

for EDS that will soon be passed by Congress, the need of airports across the country to recapitalize checked baggage screening equipment and accelerate the deployment of in-line systems remains of the upmost importance. Some argue that without 

continued funding it will be impossible to provide the latest, cutting-edge technology 

necessary to keep the aviation sector secure from the threats of terrorism. 

As you know, many of these checked baggage screening systems that were deployed immediately after September 11, 2001, have reached the end of their life cycles and the costs to keep these older technology systems functioning with minimal 

down time is becoming prohibitive. Will you support maintaining the Fiscal Year 

2010 EDS procurement and installation funding levels at our Nation’s airports in 

Fiscal Year 2011 necessary to maintain the Electronic Baggage Screening Program 

(EBSP)? 

Answer. If confirmed, I will work within the President’s budget to maximize resources and deploy appropriate technology that provides the best security for the 

traveling public. 

Question 3a. With the threat of new explosives evolving rapidly how do you see 

this factoring into the replacement of older equipment such as Explosive Trace Detection (ETD) with newer equipment that is equipped to change with these continued new threats? 

Answer. I am deeply concerned about the threat of new explosives. It is my understanding that ARRA funds have been used to advance technology at airports across 

the country and that newer equipment has the adaptability to meet the emerging 

threats. If confirmed, I will work to continue to maintain and improve security 

against new and evolving explosives. 

Question 4. In knowing that there is a need for airports across the country to recapitalize checked baggage screening devices and accelerate deployment of in-line 

systems, the Congress has, over the past several years, continued to see a proposal 

in the president’s budget for a temporary, four-year surcharge in the passenger security fee, to have the taxpayers pay for this program. Do you anticipate building 

a budget based upon a passenger security fee and, if so, how much would the fee 

be and how much is TSA estimated to collect by a passenger security fee? 

Answer. I understand that the President’s FY2010 budget assumes that a passenger security fee adjustment will be phased in over 3 years, beginning in FY2012. 

The current security fee of $2.50 per passenger enplanement would rise to $3.50, 

$4.50 and $5.50 in FY2012, FY2013 and FY2014, respectively. This should increase 

revenue collections by approximately $850 million in each of the 3-years, to a total 

increase of $2.6 billion in FY2014. In 2014, collections would offset about 86 percent 

of discretionary passenger and property screening costs. 

Question 5. I applaud any effort by the Transportation Security Administration 

to enhance security at our Nation’s largest airports, but we cannot forget the fact 

that a significant majority of passengers begin their trips at medium and small airports. 

Specifically, according to figures from the Department of Transportation’s Bureau 

of Transportation Statistics, 54 percent of the passengers begin their trips at the 

Nation’s top 25 airports, while 46 percent of the passengers begin their air travel 

at the next 225 airports. Therefore, since checked baggage is screened at originating 

airports, medium and small airports cannot be neglected if aviation security is truly 

to be enhanced. In is a direct result of this fact that Congress has set aside funding 

for medium and small-sized airports for the past two Fiscal Years. In knowing that 

two of the highjackers on 9/11 began their flight at a small airport in Bangor, 

Maine, would you agree that the need for medium and small airports to receive the 

latest explosives detection systems is as important as the Category X airports? 

89 

Answer. I believe that we must continue investing in the security of medium and 

small-sized airports. Adding Explosives Detection Systems where feasible greatly 

enhances security and defends against the diversion of risk to these locations. If 

confirmed, I look forward to working with you and the Committee on examining 

ways to enhance the overall aviation security network. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHNNY ISAKSON TO

ERROLL G. SOUTHERS

Question 1. It seems that our philosophy regarding airport security remains focused on intercepting bad things (such as guns, knives, explosives, liquids). It is a 

reactive policy, aimed at preventing the last terrorist plot from being repeated. 

Boxcutters were used on 9/11, so we banned them from being allowed on airplanes. 

The British foiled a plot to blow up airliners using liquids, so we limit carry on liquids to 3oz. containers that can fit in a 1 quart bag. A shoe bomber tries to destroy 

an airplane en route from Paris to the U.S., so we now take off our shoes going 

through security. 

1. These things don’t hijack planes, however the terrorists who use them do. So 

it would seem to me that the best way to detect terrorists is to focus on intercepting not the boxcutter they may use, but the actual person who may use it. 

Bad people, not bad things necessarily, should be stopped. 

2. It is a cliche ́ to point to El Al and Israeli airport security, and in many instances their system will not work in the U.S. given that Israel on an annual 

basis has a fraction of the number of passengers that travel in the U.S. However, as you know, the Israelis are constantly monitoring behavior. 

a. They look for things out of the ordinary that do not fit, and may indicate 

a threat. 

b. Their airport security agents are constantly interacting with passengers, 

asking questions, engaging in dialogue. 

3. As I am sure you know being the Assistant Chief for Homeland Security and 

Intelligence at LAX, Israeli security depends greatly upon good intelligence. 

4. One of the other interesting things about Israeli security is that security is 

the first thing the passenger encounters. Unlike here where passengers go 

through security after checking in for their flights and checking their bags, only 

when Israeli security is satisfied that a passenger is not a threat are they allowed to proceed to the check-in counter. By that point, there is no need to 

make a passenger remove their shoes, or to confiscate a water bottle. 

5. I understand that TSA is training some officers to notice facial expressions, 

body language, and speech patterns, but by and large it seems to me that our 

philosophy remains the same as it always has. 

I’m not advocating for profiling but I wonder if, given the finite security resources 

we have, if this is the best approach. I would be curious to hear your thoughts on 

this. 

Answer. TSA’s and the Department of Homeland Security’s consistent policy has 

been that racial, ethnic, or religious profiling is counterproductive to the mission of 

providing aviation security and to the larger counterterrorism responsibilities of the 

Department and the Federal Government. I share that view. 

I also share your concern that we must maintain our efforts to be proactive in 

our security approach and to anticipate potential security threats. One important 

way to implement effective counterterrorism initiatives and procedures to counter 

the evolving terrorist threat is to do more to educate the public and increase awareness in our society. The prospects of success for any policy initiatives that we implement are likely to be significantly enhanced if we adopt a concerted effort to explain 

our initiatives and the reasoning behind them. An engaged and empowered community creates the potential for an understanding and loyal ally in our security mission. The development of this partnership will require a sustained and significant 

commitment to public outreach. TSA’s ‘‘Why’’ campaign, designed to answer the 

public’s security-related procedural concerns, is a step in the right direction. 

Question 2. With regards to intelligence, from your experience at LAX do you believe that TSA does a sufficient job in sharing intelligence with the airports? Is 

there room for improvement on that front? 

Answer. As a law enforcement officer, I believe that there is always room for enhancing information sharing. I recognize that there is a need to maintain operational security and the classified nature of the intelligence, but the sharing of this 

90 

information with those at the local and state level is vital to facilitating increased 

collaboration and the appropriate allocation of resources to counter threats. If confirmed I will work with the Secretary to push forward her information sharing initiatives with state, local, tribal and territorial governments, and with private sector 

stakeholders. 

Question 3. After 7 years, we finally feel like we have the appropriate TSA staffing, checkpoint setup and management in place at Hartsfield. 

1. Communication between TSA, the airport officials, and the major tenants 

(Delta and Air Tran) is finally consistent. 

2. We remain concerned with wait times at the E Concourse recheck, but understand TSA is working to mitigate those times and thus far has done a good job. 

3. Hartsfield is a unique layout, unlike any other in the country. It is the only 

airport of its size where every airlines’ passenger goes through the same checkpoint (unlike LAX, JFK, etc. where there are individual terminals for each airline). 

Please ‘‘do no harm’’ as it relates to Hartsfield. Things are going well there, and 

complaints on flow and wait times are down. 

a. We would also urge you and your staff to keep us apprised on a regular basis 

of what is going on at Hartsfield as it relates to staffing and wait times. 

b. Finally, will you commit to visiting Hartsfield during the first 6 months of 

your tenure? 

Answer. I am pleased to hear that TSA is currently providing quality security and 

customer service to Hartsfield International Airport. In my current position, I and 

my colleagues frequently look to Hartsfield for best practices. If confirmed, I will 

work diligently to ensure that TSA continues to deliver both world-class security 

and customer service at Georgia’s airports and at airports across the country. If confirmed, you have my commitment to visit AtlantaHartsfield, along with other airports of varying sizes and security and operational challenges in my first 6 months. 

Question 4. We had an unpleasant issue with TSA’s handling of Delta’s application for TSA approval for launch service to Nairobi, Kenya; Abuja, Nigeria; Monrovia Liberia; Luanda, Angola; Malabo, Equatorial Guinea; and Sal, Cape Verde Island. 

1. Delta was forced, on the day service was to commence, to cancel their Nairobi 

service at significant cost to themselves. The flights were sold out for the first 4 

weeks of service. 

2. Given the nature of U.S. industry expansion, we would urge you to look at expanding the capacity of the office that oversees these approvals. There is going to 

be more expansion once the economy rebounds, and having the necessary staffing 

in place is going to be crucial. 

Will you commit that, once confirmed, you will look into staffing issues at this 

office and report back (in a classified manner if necessary) on whether staffing is 

sufficient and on ways to ensure the process guarantees some certainty for airline 

applicants? 

Answer. In my experience, communication has been key to addressing the issues 

you raise. If confirmed, you have my commitment to look into the matter, report 

back, and build upon the steps taken to ensure information flow. 

Question 5. As you will recall this past June Clear, a registered traveler program, 

ceased operations. Clear operated lanes at 20 airports nationwide including Atlanta. 

1. Clear customers were prescreened before receiving a special ID card that allows them to access designated security lanes. As part of this prescreening process, Clear collected personal credentialing information from its customers such 

as name, Social Security number, passport information, date of birth, address 

and other personal identifying information. 

2. Clear collected this information on both its website, and at laptop computers 

located at its kiosks at airports and at Grand Central Station in New York. 

Clear also collected biometric information in the form of facial photographs, iris 

scans and fingerprint scans. Once approved, customers accessed express lanes 

at participating airport security checkpoints. 

3. In our State of Georgia alone Clear signed up and collected personal and biometric data for over 20,000 customers. Clear collected the same data on an additional 240,000 customers nationwide. 

4. According to the Clear website, ‘‘applicant and member data is currently secured in accordance with the Transportation Security Administration’s Security, 

91 

Privacy and Compliance Standards. Verified Identity Pass, Inc. will continue to 

secure such information and will take appropriate steps to delete the information.’’ 

5. As Clear winds down its operation, we need to know that the deletion of this 

credentialing and biometric data remains a top priority. We are also concerned 

that the personal and biometric information of our constituents could be compromised. 

Will you commit to us that once confirmed he will undertake a review of the process by which this biometric data is being deleted, and report back to the Committee 

on its progress? 

Answer. If confirmed, I will ensure an appropriate review process is implemented 

to determine the status of the biometric data and report back to the Committee. 

Question 6. What are your thoughts on registered traveler programs? Do you believe that TSA should continue to pursue such programs with private vendors? 

Answer. If confirmed, a Registered Traveler concept is something I would like to 

explore. I look forward to working with you and this Committee on ways to efficiently allocate our resources to bolster security, focus on risk, and enhance the passenger experience. 

Question 7. We hear regularly (one or two phone calls a week) complaints on the 

following issue. TSA had announced last year that technology would be in place to 

allow passengers to carry liquids of any quantity on board airplanes (eliminating the 

3 oz. restrictions that are in place). Will you review that process and report back 

on its progress to the Committee? 

Answer. It is my understanding that TSA is working closely with the Department 

of Homeland Security’s Science and Technology Directorate to automate the detection of dangerous liquids. If confirmed, I will do everything possible to facilitate the 

development of such technologies and to build upon my established relationships 

with the U.S.’s international partners to ensure a consistent approach to the liquids 

threat and other emerging explosives detection technology. 

Question 8. TSA employees at security checkpoints have been telling some of our 

constituents that their roll aboard bags do not fit in the airline ‘‘size wise’’ containers, and therefore they need to return to the ticket counter to check them. We 

have had constituents complain that this has happened to them at Atlanta, 

LaGuardia, and Phoenix. As one constituent said ‘‘TSA is there to enforce security 

laws, not to enforce carry on rules. I was especially angry because the airline agent 

told me my bag was ok to carry on. Do you believe this is a core TSA function? 

Answer. TSA’s core mission is to protect the Nation’s vital transportation systems 

to ensure the free flow of commerce and the American people. If confirmed, I will 

look into the matter further to ensure the TSA and the air carriers are carrying out 

their proper roles and responsibilities. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. SAM BROWNBACK TO

ERROLL G. SOUTHERS

Question 1. The Large Aircraft Security Program (LASP) Notice of Proposed Rulemaking (NPRM) was introduced by the TSA at the end of the last Administration 

and elicited more than 7,000 negative public comments because it did not address 

security issues in an effective, practical manner. Since then, the staff at the TSA 

has worked toward a new Supplemental NPRM which would take into consideration 

the comments filed to the original proposal as well as through direct TSA engagement with industry. Stakeholders have reached out to the TSA actively with constructive proposals and a willingness to work to address clearly identified security 

risks for general aviation. 

I’ve been told that TSA is making changes to the original proposal. Are you committed to working with the GA community on this and other issues in the future 

to develop reasonable and effective security measures? 

Answer. Yes. As someone who has worked on counterterrorism matters at the 

Federal, state, and local level for 30 years, and most recently as an Assistant Chief 

for Homeland Security and Intelligence for the Los Angeles World Airports (LAWA) 

Police Department, I understand the challenges of securing commercial and general 

aviation airports. My current responsibilities include the protection of three General 

Aviation airports, including Van Nuys Airport, which is one of the Nation’s busiest. 

I believe in a collaborative approach and, if confirmed, I am committed to reaching 

out to stakeholders, particularly those in general aviation, and building on the community’s partnership with TSA to ensure best practices and risk-based solutions are 

implemented. 

92 

Question 2. The 2003 FAA reauthorization bill required the TSA to conduct security audits of all FAA certificated foreign repair stations. However, the TSA never 

fulfilled this requirement, and as a result Congress again required an audit in the 

9/11 Recommendations bill and prohibited the FAA from certifying any new stations 

until the rule was finalized. TSA missed a 2008 deadline for completing the rule 

and as a result maintenance providers have been unable to open any new foreign 

repair stations. TSA is now in the process of finalizing a notice of proposed rulemaking (NPRM) on foreign repair station security rule, having sent it to OMB for 

review. 

Are you familiar with this issue? Will you work to get this NPRM through OMB 

as quickly as possible when you are confirmed, and will this be a priority for you? 

Will you allow for adequate stakeholder input and FAA coordination to ensure effective implementation of the final rule? 

Answer. I recognize TSA has a legal obligation to issue a final rule with respect 

to the security of foreign repair stations and that this is an important issue to this 

Committee. If confirmed, I will work to move the NPRM forward. It is my understanding that in advance of the publication of the NPRM, TSA has already conducted hundreds of voluntary inspections both in the United States and internationally. I recently had the opportunity to meet with FAA Acting Deputy Administrator 

Lynne Osmus and if confirmed, I look forward to strengthening the TSA–FAA partnership and building upon the work currently being done to analyze both foreign 

and domestic repair station security practices. 

Question 3. The TSA repeatedly uses Security Directives (SD) to vastly expand existing requirements without a compelling, emergency security threat. TSA needs to 

do a better job of identifying immediate threats that require emergency action and 

those actions that should be implemented through rulemaking. The most recent example involves the expansion of security credentialing requirements to tens-of-thousands of pilots and employees at airports and aviation manufacturers without due 

consideration and process of the Administrative Procedures Act. This resulted in 

SD–1542–8F (followed by –8G) which was developed this summer. 

When should TSA use Security Directives instead of rulemaking under the Administrative Procedures Act (APA)? What criteria would you use to make these decisions? 

Answer. I understand the need to have collaborative discussions with affected 

stakeholders before Security Directives or emergency regulations are issued, when 

time and situation permit, and in a setting that respects the sensitivity of certain 

information. If confirmed, I intend to work with our partners in formulating and 

issuing Security Directives and emergency regulations. 

Question 4. The Department of Homeland Security is currently undertaking a 

comprehensive threat, vulnerability and consequences study of the transportation 

industry to ensure that future resources are properly targeted. The Transportation 

Sector Security Risk Assessment (TSSRA) is scheduled to be presented to Congress 

on January 10, 2010. 

Are you aware of this assessment? Have you been briefed on it yet? What is the 

advantage of this exercise? How will it help you set priorities particularly for an 

agency that has been almost solely focused on addressing the security risks from 

aviation? 

Answer. I am aware of the assessment, but I have not received a briefing on the 

TSSRA effort. I believe that protecting the traveling public against the evolving terrorist threat requires an innovative approach to security based on intelligence and 

risk and these assessments help inform where resources should be allocated. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO DR. PATRICK GALLAGHER

Question 1. What can you tell me about this proposal to reorganize the Cybersecurity Division? 

Answer. The Information Technology Laboratory has had some internal discussions about the structure of the Laboratory and is seeking input through our Advisory Committees and key external stakeholders. The discussions are still in the 

formative stage. Nothing has been presented to me for my consideration. Cybersecurity is a vital, central mission of the laboratory. Given the increasing importance 

and complexity of cybersecurity, ITL has undertaken an internal assessment of its 

operational structure to ensure that its programs fully reflect the important and 

complex, interdisciplinary nature of today’s threats. 

Question 2. Do you think this is a good idea? 

93 

Answer. I think the discussions, as I understand them, have been focused on the 

structure and demands of the Lab given the challenges to be addressed. They are 

asking: ‘‘Is the organization aligned well?’’ This and other questions are worthy of 

discussion. A reorganization is a long and involved process. If confirmed, I look forward to having discussions with the Congress, the Lab Director and others on how 

best NIST can fulfill its mission critical responsibilities in the area of cybersecurity. 

My overall mission for NIST is that resources and objectives be fully aligned. 

Question 3. What about all the criticism about eliminating cybersecurity and how 

this reorganization is a step backward? 

Answer. There is absolutely no effort to diminish the importance of cybersecurity 

or eliminate cybersecurity work at NIST. I can assure you that whether or not 

changes are ultimately proposed for ITL, NIST is committed to strengthening not 

diminishing its critical role in cybersecurity. NIST takes very seriously its cybersecurity mission to work efficiently and effectively on the many challenges associated 

with ensuring a robust system of cybersecurity standards, guidelines and protocols. 

As the internal draft documents made their way outside of NIST, NIST has received 

reactions across the spectrum. We look forward to the input of others including our 

Visiting Committee, other key external stakeholders, as well as the Congress as discussions proceed. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

AND HON. KAY BAILEY HUTCHISON TO DR. PATRICK GALLAGHER

Question 1. Can you describe the morale of the police force at NIST? Are the officers satisfied with their leadership? 

Answer. Morale within the NIST Police Services Group has suffered in the past 

months as a result of concerns about their management and work environment. 

Once those concerns were brought to the attention of NIST leadership, a number 

of actions were taken (detailed below) that I believe have contributed to a visible 

improvement in the overall work climate since then. 

The officers know that their leadership now reports to a higher official within the 

agency, who is in personal contact with the group and has shared her plans for 

changes with them directly on several occasions. 

Question 2. I understand that there have been allegations about the safety and 

security of NIST facilities. What is the state of security at NIST facilities, and what 

are you doing to address the issues that have been raised? 

Answer. I would like to assure the Committee that security at all of the NIST 

facilities continues to be maintained at the highest level. 

The Department of Commerce Office of Security in its most recent risk assessment of the Gaithersburg campus (August 2008) identified the numerous physical 

security and police functions that constitute the agency’s security posture. Several 

recommended improvements have been or are in the process of being implemented, 

including significant infrastructure improvements. 

The NIST Center for Neutron Research (Building 235), was recently re-licensed 

by the Nuclear Regulatory Commission. Demonstrating full compliance with all necessary security requirements was a prerequisite for that licensing as is on-going assurance of compliance for continued operations. 

As we have looked into the operations of the Police Services Group, we have taken 

several measures to strengthen the group, including additional training and equipment, as well as issuance of several policies and procedures. Additional resources 

will be made available this year as part of a plan to continue enhancing the safety 

and security of our facilities. 

Question 3. Please detail the steps you or your office has taken to address the 

complaints by the NIST police officers. 

Answer. Upon receipt of the initial concerns from the police officers, the senior 

official overseeing the Emergency Services Division and the Police Services Group 

(PSG) personally took charge of oversight of the group. NIST received the cooperation of NOAA to detail a senior law enforcement official to directly oversee the PSG. 

He focused on immediate improvements, including policies, training, and space and 

facilities. 

At the same time, NIST conducted two assessments of the PSG to obtain an independent evaluation of the police operations and the issues raised by some of the Police Officers. Independent third parties conducted both assessments. The first assessment focused on concerns raised by some of the Police Officers and the second 

focused on an organizational diagnostic of the NIST Police Services Group. The reVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000097 Fmt 06601 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
94 

sults of the first assessment are being reviewed. The second, organizational diagnostic focused on the Police Services Group’s mission, resources, and leadership. 

NIST is taking steps to implement several of the recommendations identified in 

this report. These include changes within the leadership of the Police Services 

Group, including a new higher-graded Police Chief, additional staffing and equipment resources, and restructuring of the Police Services groups to better align the 

access control, emergency response and other law enforcement functions. We have 

established a PSG Advisory Team to assist senior management as we go forward 

with the report’s recommendations. This team consists of representatives from the 

Police Services Group and will be chaired by the Deputy Director of the NOAA Office of Law Enforcement. 

In the meantime, the senior manager responsible for Emergency Services Division 

remains personally in contact with the PSG and supervises the current Police Chief 

until a new recruitment can be completed. Finally, NIST and the DOC continue to 

investigate the EEO complaints, and issues of misconduct. These are being addressed through the appropriate channels. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. FRANK R. LAUTENBERG TO

DR. PATRICK GALLAGHER

Question. In 2005, NIST issued its report on the collapse of the World Trade Center towers. The report made 30 recommendations for the building industry to improve the fire protection and structural integrity of our buildings. Has the building 

industry adopted these recommendations? As the Director of NIST, how will you 

work with industry to fully implement these recommendations? 

Answer. In 2008, 23 major and far-reaching building and fire code changes were 

approved by the International Code Council (ICC) based on recommendations from 

NIST. 

The changes were incorporated into the 2009 edition of the ICC’s I-Codes (specifically the International Building Code, or IBC, and the International Fire Code, or 

IFC), a state-of-the-art model code used as the basis for building and fire regulations promulgated and enforced by U.S. state and local jurisdictions. Those jurisdictions have the option of incorporating some or all of the code’s provisions but generally adopt most provisions. 

The new codes address areas such as: 

• increasing structural resistance to building collapse from fire and other incidents; 

• requiring a third exit stairway for tall buildings; 

• increasing the width of all stairways by 50 percent in new high-rises; 

• strengthening criteria for the bonding, proper installation and inspection of 

sprayed fire-resistive materials (commonly known as ‘‘fireproofing’’); 

• improving the reliability of active fire protection systems (such as automatic 

sprinklers); 

• requiring a new class of robust elevators for access by emergency responders in 

lieu of an additional stairway; 

• making exit path markings more prevalent and more visible; and 

• ensuring effective coverage throughout a building for emergency responder 

radio communications. 

There are additional proposed changes to building codes to be considered by the 

ICC in the future. 

If confirmed, I look forward to working with our partners in industry and the 

standards development organizations and building code organizations to foster adoption of standards to help make the Nation’s buildings safer. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

DR. PATRICK GALLAGHER

Question 1. Dr. Gallagher, you note in your testimony that ‘‘our [nation’s] economic prosperity depends upon our ability to lead the world in innovation. It is the 

foundation for creating high quality jobs for all Americans.’’ 

The Manufacturing Extension Partnership (MEP) program is one area where 

NIST can help spur innovation and job growth. Created during a time of concern 

about American competitiveness with Japan, the MEP program has centers in all 

50 states that provide training for ‘‘lean manufacturing’’ and business efficiency 

95 

tools such as Six Sigma. While still valuable, this type of training is hardly cutting 

edge for today’s economy. Moreover, the MEP program today seems to exist in a silo 

separate from NIST’s research labs. 

In New Mexico, Los Alamos and Sandia National Laboratories actively promote 

technology transfer, and the New Mexico MEP center has been able to partner with 

the labs to help small manufacturers across the state. It appears to me that NIST 

could do more to seek out such partnerships with other Federal agencies for MEP 

centers across the country. 

Moreover, NIST could probably do much more to promote technology transfer and 

industrial competitiveness if the research capabilities on NIST campuses more directly support the work of local MEP centers. 

What are your thoughts on how to revitalize the Manufacturing Extension Partnership program? 

Answer. As part of the MEP Next Generation strategic plan, the program has outlined a framework of four interdependent areas that are key for manufacturers’ 

growth and global competitiveness. The framework includes continuous improvement activities necessary for a strong and stable foundation along with identifying 

and implementing opportunities focused in the areas of 

• supplier development 

• environmental sustainability 

• technology acceleration, and 

• workforce. 

NIST/MEP will work strategically with companies coordinating activities and opportunities across these areas to provide an environment for firms to create new 

sales, enter new markets, and adopt new technologies to build a competitive advantage globally. 

NIST/MEP is actively working to support the acceleration of technology into new 

manufactured products, processes and services. NIST/MEP has been working with 

university and Federal research facilities—including the NIST Labs—in the development of new programs and services focused on transforming technologies from the 

research into the marketplace. 

NIST/MEP has held workshops with researchers in universities and Federal labs 

to identify opportunities for manufacturers in terms of both the adoption of new 

technologies into existing products and processes as well as opportunities for the 

development of completely new product ideas. The translated technologies are key 

elements in the recently launched National Innovation Marketplace (NIM) 

(www.usainnovation.org). 

The NIM connects manufacturers to technology and business opportunities by facilitating connections between original equipment manufacturers (OEMs) and potential suppliers, encouraging technology translation and adoption, and estimating 

business growth potential. 

NIST/MEP and its nationwide network of MEP centers and partners will use NIM 

as a clearinghouse for building technology-based supplier networks. While still in 

the development stage, a fully implemented NIM combined with the NIST/MEP network of thousands of innovation experts will support manufacturers’ efforts to connect with opportunities and access a range of product development and commercialization assistance services to help rapidly move ideas from concept to investment, manufacturing, commercialization and distribution. 

We are pleased to have high-level support for these activities within the Commerce Department. Secretary Locke, I know, has personally lent his support to successfully launching NIM. 

Question 2. President Obama has called for creating more ‘‘green energy’’ jobs and 

improving the energy efficiency of Federal buildings and American homes. The 

American Recovery and Reinvestment Act provided resources to the Dept. of Energy 

to address this issue. 

Many small firms in the construction industry, however, lack the know-how and 

trained personnel who can apply new manufacturing techniques to build high performance or ‘‘green’’ buildings and homes. 

Is this an area where NIST MEP centers could potentially work with NIST labs, 

such as the Building and Fire Research Laboratory, and the Dept. of Energy to promote technology transfer and commercialization of ‘‘green energy’’ ideas? 

Answer. NIST/MEP is focused on helping companies gain a competitive edge by: 

(1) reducing environmental costs and impact, and (2) developing new environmentally-focused materials, products, and processes. Over the past few years, NIST/ 

MEP has developed strong partnerships with Department of Energy (DOE) and Environmental Protection Agency (EPA) focused on helping manufacturers reduce enVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000099 Fmt 06601 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
96 

ergy costs and environmental impact. These partnerships have focused on handson support for manufacturers including energy and environmental assessments 

through the Industrial Assessment Centers (IACs) and the Green Suppliers Network. 

Most recently NIST/MEP has expanded partnerships with DOE and EPA along 

with the Small Business Administration and the Department of Labor on the E3 

(Economy, Energy, Environment) initiative. This joint collaboration works directly 

with local utilities, local government, and small- and medium-sized manufacturers, 

leveraging existing resources to generate and provide direct customized assistance 

to strengthen manufacturers. The E3 effort begins with a comprehensive assessment 

of a process or facility in lean manufacturing, energy and environment to identify 

target opportunities for environmental improvements and cost reductions. With a 

focus on continuous improvement, the team then works with the company to identify resources, available financing options, training and capacity building to support 

the implementation strategy. 

Upon completion of two pilot projects this summer in Columbus, Ohio, and San 

Antonio, Texas, partner agencies will look to expand the E3 program in other states 

that have expressed interest. 

NIST/MEP continually seeks opportunities to leverage the work of the NIST labs 

in support of the smaller manufacturer. It has worked with NIST’s Building and 

Fire Research Laboratory (BFRL) to promote tools to aid manufacturers such as 

BFRL’s Building for Environmental and Economic Sustainability (BEES) program, 

which is focused on measuring the life-cycle performance of building products. As 

NIST/MEP and the NIST Labs move forward in supporting the President’s efforts 

in creating green jobs and promoting energy efficiency, we will explore other collaborative opportunities. 

The National Innovation Marketplace will also serve as a tool to: (1) move technologies focused on reducing the environmental impact of manufacturing processes 

into practice, and (2) identify technologies that will create of new environmentally 

sustainable products. 

Question 3. My understanding is that NIST already provides testing and validation for information technology products used by the Federal Government, particularly for encrypting sensitive data. 

Congress is now considering several proposals to encourage private companies to 

take more proactive measures to protect consumers from the potential harm from 

cyber attacks and data breaches. One measure would create a ‘‘safe harbor’’ for companies that suffer data breaches contingent upon those companies having safeguards in place to render the lost data unusable by hackers. 

This proposal would require a robust data security standard, perhaps FIPS–140 

or a version of it, as well as a certification process to ensure compliance. Could NIST 

leverage existing standards like FIPS–140 for use by private sector companies? 

Answer. NIST recognizes the value to non-Federal organizations that is provided 

by many of its cybersecurity publications. The current FIPS 140–2 cryptographic 

standard is also an ISO international standard suitable for reference by both public 

sector and private sector organizations. We are prepared to support leveraging our 

Federal standards and guidelines to meet private sector needs. 

FIPS 140–2 itself addresses only the cryptographic element of cybersecurity. NIST 

has published a broad range of standards and guidelines for both cryptographic and 

non-cryptographic controls but currently has security validation programs for only 

the cryptographic controls. 

Question 3a. Does NIST currently have the capability to analyze and certify technologies and methodologies used in the private sector for rendering personally identifiable information and other sensitive materials unusable by potential hackers? 

Answer. NIST has the technical expertise to do so. However, outside the realm 

of cryptography, NIST does not have authority to analyze and certify technologies 

and methodologies used in the private sector for rendering personally identifiable 

information and other sensitive materials unusable by potential hackers. 

Question 3b. Would certifying IT products and services provided by private companies be an appropriate role for NIST? 

Answer. Certification of products and services is an effective way to demonstrate 

compliance with specific standards, and may be an effective approach for computer 

security standards. While this issue is under active discussion, to date, NIST has 

not provided this type of service for IT products or services. One important consideration is the rapid pace of technology change in this sector. It is difficult to envision 

how NIST would itself be able to scale up to provide services in a timely and comprehensive way. In other areas, NIST works closely with private sector testing laboratories and certifiers to provide this type of service. This role may be the most 

97 

effective way to leverage NIST’s unique expertise to support any certification program. 

Question 3c. If not, where should such certification take place? 

Answer. NIST will continue to catalyze and coordinate the development of private 

sector testing, inspection and certification programs to address the needs and scale 

of business based on appropriate demand. 

Question 4. The United States follows a sector-based approach to voluntary standardization activities as outlined in the United States Standards Strategy. NIST experts actively participate in standardization activities. Their participation is critical 

to the success of America’s public-private partnership approach to standardization. 

Under your leadership, how will NIST continue its involvement in the U.S. voluntary standards system to best serve the needs of government, the private sector, 

and general public? 

Answer. NIST will continue to provide strong technical input into standards that 

support global trade, innovation and competitiveness. We will also continue to work 

to ensure good U.S. Input for standards used worldwide. NIST will work to catalyze 

and coordinate the development of private sector testing, inspection and certification 

programs to address the needs and scale of business based on appropriate demand. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

DR. PATRICK GALLAGHER

Question 1. This Committee has long enjoyed a close and productive working relationship with the agencies within its jurisdiction. We rely on the legal and technical 

expertise of agency staff when developing or reviewing proposed legislation. Can all 

members of the Committee, and the staff on their behalf, count on this cooperative 

relationship continuing? 

Answer. Absolutely, Senator Hutchison. If confirmed, I look forward to working 

collaboratively and cooperatively with you, members of the Committee, and their 

staffs. 

Question 2. NIST recently released a draft report on the Dallas Cowboys practice 

facility collapse. As you know, this structure failed after a violent storm common 

to Texas and other areas of the Gulf Coast. Could you briefly summarize what 

knowledge was gained through this investigation and also tell the committee how 

that knowledge will translate into safer buildings and safer building standards for 

the general public? 

Answer. Our study found that the facility collapsed under wind conditions that 

a building of this type would be expected to withstand. 

The NIST researchers who carried out this study recommended that fabric-covered structures like this be re-evaluated to ensure that the structural framing system will hold up during such storms. 

They noted that a building of this type should be expected to withstand winds of 

90 miles an hour, while they found that the winds in the vicinity of the Cowboys 

facility on the day it collapsed were in the range of 55 to 65 miles per hour—well 

below the 90 mph design wind speed specified in the ASCE 7 Standard. 

To protect the public in the future, the study team highlighted specific design assumptions that should be carefully addressed. 

NIST’s role is to study the incident and provide good science to policymakers and 

others who can use that information to make their decisions. 

Also, both the ICC and American Society of Civil Engineers/Structural Engineering Institute have expressed interest in having technical briefings on the findings 

of the study. 

Question 3. What is NIST’s long-range plan for oversight and reporting to the 

public of the use of $610 million the agency received through the American Recovery 

and Reinvestment Act? What internal controls are currently in place and what additional measures have been taken to ensure that stimulus money is being used for 

activities that will help grow the economy rather than programs and activities that 

do not directly influence the economic recovery? 

Answer. NIST has established an ARRA Project Management Program, a Program Management Office, an ARRA Performance and Risk Management Committee, 

and an ARRA Executive Steering Committee to provide structure and oversight to 

the planning, execution, and reporting of ARRA funding for as long as NIST is dealing with ARRA funds. For each ARRA project an Action Plan has been developed 

including specific Milestones, Tasks, Issues, and Risks. Each project has an assigned 

owner. Project plans are updated monthly and reviewed for performance, issues, and 

98 

risks. Weekly spending reports are provided to senior leadership and tracked as 

compared to plans. 

For ARRA funding provided for non-NIST, external entities (e.g., grants), NIST 

has developed criteria that will be used to ensure activities will help grow the economy while promoting long-term measurement science. For internally funded projects 

NIST has directed funding to activities that will help drive both objectives of economic recovery and enhanced scientific measurement through the specific selection 

of scientific equipment and construction projects. The programs structure and activities cited in the first half of this question will ensure that the actual expenditure 

of funds is consistent with the plans for which the funding was provided. We also 

have the added benefit of oversight at the Commerce Department level, via ARRA 

auditing programs established by the department’s Inspector General. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. OLYMPIA J. SNOWE TO

DR. PATRICK GALLAGHER

Question. The Manufacturing Extension Partnership (MEP) is an impressive program at the National Institute of Standards and Technology (NIST) that assists 

small- and medium-sized manufacturers with technical assistance projects, training, 

and long-term strategic support. 

In my home state of Maine, over the past twelve months, the MEP has directly 

created or retained over 500 jobs, while increasing or retaining $73.4 million in 

sales. 

Unfortunately the previous Administration attempted to kill the MEP program, 

by recommending a paltry $4 million for the MEP in its FY2008 budget request. 

That, of course, was unacceptable. Senator Lieberman and I, in our capacities as 

Co-Chairs of the Senate Task Force on Manufacturing, have for years led the Senate 

efforts to secure proper MEP funding and are pleased that President Obama requested, and the Senate and House Appropriators provided, $124.7 million for the 

program for Fiscal Year 2010. 

While $124.7 million for the MEP for Fiscal Year 2010 is a welcome step in the 

right direction, more remains to be done. In fact, repeatedly during his campaign, 

the President advocated for ultimately doubling MEP funding. Will you continue to 

advocate for increasing the MEP’s budget in future Fiscal Years? 

Additionally, how will you raise the visibility of the MEP to ensure that this crucial program thrives, so that small-and medium-sized manufacturers can help fuel 

our economic recovery? 

Answer. I fully support the President’s vision for the MEP program, which includes a doubling of funding for this program. MEP plays a critical role in driving 

innovation and creating an environment in which small and medium sized businesses can grow and thrive in a global economy. MEP’s partnerships at the Federal, 

State and local level are crucial for the success of the program, and we value our 

partners. The MEP Center network is a powerful force to drive the innovation economy, and if confirmed, I am committed to working to strengthen the MEP network 

to provide the tools, services, and partnerships to foster the global competitiveness 

and profitability of U.S. manufacturers. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. DAVID VITTER TO

DR. PATRICK GALLAGHER

Question 1. What role do you foresee for NIST in revitalizing American manufacturing and productivity? 

Answer. Revitalizing American manufacturing depends upon fostering an environment in which firms can innovate to adapt to economic and technological changes. 

NIST, through the MEP program, is committed to providing the tools and services 

needed by U.S. manufacturers to allow them to weather the current economic uncertainties and be positioned to take advantage of future opportunities. Specifically, the 

NIST/MEP network works with companies to build a strong foundation through continuous improvement to foster productivity and efficiencies while developing and 

identifying opportunities to diversify into new markets, create new sales, and adopt 

technologies to build global competitive advantages. NIST/MEP will continue to develop and expand the tools, services, and partnerships necessary to foster a revitalized U.S. manufacturing industry. 

Question 2. The process of transitioning from the laboratory to the factory is often 

difficult and time-consuming. How can NIST better leverage the Manufacturing ExVerDate Nov 24 2008 08:37 Jun 24, 2010 Jkt 55981 PO 00000 Frm 000102 Fmt 06601 Sfmt 06621 S:\WPSHR\GPO\DOCS\55981.TXT SCOM1 PsN: JACKIE
99 

tension Partnership to transition leading edge innovations rather than focusing on 

incremental improvements? 

Answer. As part of the MEP Next Generation strategic plan, the program has outlined a framework of four interdependent areas that are key for manufacturers’ 

growth and global competitiveness. The framework includes continuous improvement activities necessary for a strong and stable foundation along with identifying 

and implementing opportunities focused in the areas of: 

• supplier development, 

• environmental sustainability, 

• technology acceleration, and 

• workforce. 

NIST/MEP will work strategically with companies coordinating activities and opportunities across these areas to provide an environment for firms to create new 

sales, enter new markets, and adopt new technologies to build a competitive advantage globally. 

NIST/MEP is actively working to support the acceleration of technology into new 

manufactured products, processes and services. NIST/MEP has been working with 

university and Federal research facilities—including the NIST Labs—in the development of new programs and services focused on transforming technologies from the 

research into the marketplace. 

NIST/MEP has held workshops with researchers in universities and Federal labs 

to identify opportunities for manufacturers in terms of both the adoption of new 

technologies into existing products and processes as well as opportunities for the 

development of completely new product ideas. The translated technologies are key 

elements in the recently launched National Innovation Marketplace (NIM) 

(www.usainnovation.org). 

The NIM connects manufacturers to technology and business opportunities by facilitating connections between original equipment manufacturers (OEMs) and potential suppliers, encouraging technology translation and adoption, and estimating 

business growth potential. 

NIST/MEP and its nationwide network of MEP centers and partners will use NIM 

as a clearinghouse for building technology-based supplier networks. While still in 

the development stage, a fully implemented NIM combined with the NIST/MEP network of thousands of innovation experts will support manufacturers efforts to connect with opportunities and access a range of product development and commercialization assistance services to help rapidly move ideas from concept to investment, manufacturing, commercialization and distribution. 

We are pleased to have high-level support for these activities within the Commerce Department. Secretary Locke, I know, has personally lent his support to successfully launching NIM. 

100 


1015LET1.eps
101 


1015LET2.eps
102 


1015LET2A.eps
103 


1015LET3.eps
104 


1015LET4.eps
105 


1015LET5.eps
106 


1015LET5A.eps
107 


1015LET6.eps
108 


1015LET6A.eps
109 


1015LET7.eps
110 


1015LET8.eps
111 


1015LET9.eps
112 


1015LET9A.eps
113 


1015LET10.eps
114 


1015LET11.eps
115 


1015LET11A.eps 1015LET12.eps
116 


1015LET13.eps
117 


1015LET13A.eps
118 


1015LET14.eps
119 


1015LET14A.eps
120 

Æ 


1015LET14B.eps