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23–161 PDF 2006

S. Hrg. 109–199

NOMINATIONS OF RICHARD L. SKINNER AND

BRIAN D. MILLER

HEARING

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON THE

NOMINATIONS OF RICHARD L. SKINNER TO BE INSPECTOR GENERAL 

OF THE DEPARTMENT OF HOMELAND SECURITY, AND BRIAN D. MILLER TO BE THE INSPECTOR GENERAL OF THE GENERAL SERVICES 

ADMINISTRATION

JULY 18, 2005

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs

(

(II)

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

SUSAN M. COLLINS, Maine, Chairman 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

LINCOLN D. CHAFEE, Rhode Island 

ROBERT F. BENNETT, Utah 

PETE V. DOMENICI, New Mexico 

JOHN W. WARNER, Virginia 

JOSEPH I. LIEBERMAN, Connecticut 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK DAYTON, Minnesota 

FRANK LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas

MICHAEL D. BOPP, Staff Director and Chief Counsel 

JENNIFER A. HEMINGWAY, Professional Staff Member 

JOYCE A. RECHTSCHAFFEN, Minority Staff Director and Counsel 

ADAM R. SEDGEWICK, Minority Professional Staff Member 

TRINA D. TYRER, Chief Clerk 

(III)

C O N T E N T S 

Opening statements: Page 

Senator Collins ................................................................................................. 1

Senator Akaka .................................................................................................. 3

Senator Warner ................................................................................................ 3

WITNESSES 

MONDAY, JULY 18, 2005

Hon. George Allen, a U.S. Senator from the State of Virginia ............................ 5

Richard L. Skinner to be Inspector General, U.S. Department of Homeland 

Security ................................................................................................................. 7

Brian D. Miller to be Inspector General, General Services Administration ....... 9

ALPHABETICAL LIST OF WITNESSES

Allen, Hon. George: 

Testimony .......................................................................................................... 5

Miller, Brian D.: 

Testimony .......................................................................................................... 9

Prepared statement .......................................................................................... 71

Biographical and professional information ..................................................... 73

Responses to pre-hearing questions ................................................................ 78

Responses to post-hearing questions .............................................................. 97

Skinner, Richard L: 

Testimony .......................................................................................................... 7

Prepared statement .......................................................................................... 17

Biographical and professional information ..................................................... 21

Responses to pre-hearing questions ................................................................ 25

Responses to post-hearing questions .............................................................. 63

(1)

NOMINATIONS OF RICHARD L. SKINNER AND 

BRIAN D. MILLER 

MONDAY, JULY 18, 2005

U.S. SENATE, 

COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 2 p.m., in room 562, 

Dirksen Senate Office Building, Hon. Susan M. Collins, Chairman 

of the Committee, presiding. 

Present: Senators Collins, Warner, and Akaka. 

OPENING STATEMENT OF CHAIRMAN COLLINS 

Chairman COLLINS. The Committee will come to order. 

Good afternoon. Today, the Committee will consider the nominations of Richard Skinner to be Inspector General of the Department 

of Homeland Security and Brian Miller to be Inspector General of 

the General Services Administration. 

Congress enacted the Inspector General Act of 1978 in response 

to growing concerns that Federal agencies did not have sufficient 

internal protections against waste, fraud, and abuse. The Act has 

been amended several times to add new IGs and to clarify reporting requirements, but its basic tenets have remained constant: To 

provide independent voices in promoting the ‘‘economy, efficiency, 

and effectiveness’’ of programs and operations. Billions of dollars 

have been recovered or saved based upon IG recommendations, and 

thousands of prosecutions have resulted from those investigations. 

In recent years, the responsibilities of IGs have expanded in response to new challenges. IGs today play increasingly vital role 

within their agencies by conducting financial audits, reporting on 

Results Act compliance and accountability, and assessing information security efforts. 

Nowhere is the role of the Inspector General more important 

than at the Department of Homeland Security. This relatively new 

and extraordinarily large Department poses management and other 

challenges that demand oversight like few others. The execution of 

the DHS mission is crucial to our Nation, and effective, ongoing internal oversight is essential. 

As the Department begins to adopt the restructuring proposed in 

Secretary Chertoff’s just-completed Second Stage Review, this oversight will be even more important. 

Our nominees’ willingness to work closely with the Committee 

will be critical to our continued oversight of both Departments. 

2

Richard Skinner became the first Deputy Inspector General at 

the Department of Homeland Security on March 1, 2003, the date 

that office was established. He assumed the role of Acting Inspector General on December 8, 2004. 

Prior to joining DHS, Mr. Skinner was with the Federal Emergency Management Agency (FEMA), where he served as both Deputy and Acting Inspector General. And prior to that, he served in 

the Office of Inspector General at the Departments of State, Commerce, Justice, and Agriculture. 

In all, he has dedicated more than 36 years to good government 

as a member of the audit and Inspector General community. 

Mr. Skinner is no stranger to this Committee. He has provided 

valuable testimony at two hearings so far this year—in January on 

DHS management challenges, and in May, on FEMA’s disaster relief efforts last year in Florida. So we welcome you back, Mr. Skinner. 

Another Federal agency at which effective, ongoing internal oversight is paramount is the General Services Administration. As the 

provider of office space, equipment, supplies, telecommunications, 

and information technology throughout the Federal Government, 

GSA is the gateway for nearly $66 billion in Federal spending. The 

agency also has a central role in the management of some $500 billion in Federal assets, including more than 8,300 governmentowned or leased buildings, a fleet of more than 170,000 vehicles, 

and computer systems worth hundreds of millions of dollars. 

With the financial stakes so high, it is imperative that GSA provide taxpayers with the best possible return on investment in 

terms of value, efficiency, and integrity. As this Committee knows 

all too well, this has not always been the case. From our investigations of Federal real estate, purchase cards, and agency vehicle 

fleets, we have seen that GSA has not kept sufficient track of these 

valuable taxpayer-owned assets. 

GSA faces significant challenges. From his responses to our prehearing questions, it appears that this Inspector General nominee, 

Mr. Miller, knows full well how serious these challenges are. He 

recognizes that much of what GSA does has a tremendous impact 

across every agency of government, and thus a great impact upon 

the American people. He has stated his commitment to strengthening GSA performance by conducting independent and objective 

audits and investigations, and by seeking legislative and regulatory 

remedies when needed. 

Mr. Miller currently is Cousnel to the U.S. Attorney for the Eastern District of Virginia. Prior to that, he served as Senior Counsel 

to the Deputy Attorney General, an Assistant U.S. Attorney, and 

a Senior Attorney-Advisor at the Department of Justice. During 

that time, he has supervised audits and investigations of procurement, grant, and healthcare fraud. He has worked with Inspector 

Generals in prosecuting criminal and civil cases, and, in fact, has 

provided training to the Inspector General community on conducting effective investigations. 

Mr. Miller has a very impressive background, he has the two distinguished Senators from the Commonwealth of Virginia here to 

comment on his background, I am going to allow those who know 

him better than I to speak to his qualifications. 

3

I welcome Mr. Miller to the Committee. I know we will be working closely with both of our nominees today. I look forward to the 

testimony of both of these nominees. 

I would now like to call upon Senator Akaka for his opening comments. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. Thank you, Madam Chairman. Senator Allen, 

good to have you with us. Mr. Skinner and Mr. Miller, I welcome 

you to this Committee, and I welcome your families, who are seated back of you, to this Committee. I want to congratulate each of 

you on your nominations. 

In 2003, we celebrated the 25th anniversary of the Inspector 

General Act. Through amendments to the Act and the hard work 

and the dedication of the IG community, IGs have established 

themselves as independent voices for economy, efficiency, and effectiveness within the Federal Government. IGs are also responsible 

for protecting employees from retaliation for blowing the whistle on 

waste, fraud, and abuse. We all agree that Federal employees 

should be at liberty to report such matters without fear of losing 

their jobs. 

As you know, this Committee and the Congress depend on the 

integrity and frequency of your reports for assisting in our oversight role of the Executive Branch. 

Mr. Skinner, under your predecessor, the DHS IG office established a reputation for thorough and insightful analysis. If confirmed, I hope you will continue that practice. 

You both face significant challenges. DHS and GSA have programs on the Government Accountability Office high-risk list, 

which are identified as having the greatest risk of waste, fraud, 

abuse, and mismanagement. Solutions to these problems have the 

potential to save billions of dollars. Mr. Miller, you will have your 

work cut out for you, particularly in the areas of interagency contracting, technology procurement, and Federal real property management. And, Mr. Skinner, as you know from your present position, there are many challenges at DHS, including management 

transformation, human capital management, procurement, and information security, to name a few. 

And with that, I welcome you to this Committee. Thank you. 

Chairman COLLINS. Thank you, Senator. 

I would now like to recognize the distinguished Chairman of the 

Armed Services Committee and a very valuable Member of this 

Committee, Senator Warner. 

OPENING STATEMENT OF SENATOR WARNER 

Senator WARNER. Thank you very much, Madam Chairman, and 

I join with you in welcoming these distinguished individuals. As I 

look back over my experience here in the Senate of quite a few 

years, this is a very important hearing because each of you have 

been carefully selected by the President, and I commend you for 

that first step. And I am confident of confirmation. 

But you will undertake a challenge unlike others in public service in that you want to express a loyalty to the Cabinet Officer, 

under whom you serve, and/or the head of the agency. And at the 

4

same time, you must, in order to fulfill your statutory mandate, 

find within yourself the courage to speak absolutely to the accuracy 

of the facts and your own opinion. 

It is not easy. The system has worked, I think, reasonably effectively in the years I have been here, and I was here when this statute was first passed, so I can speak from some modest observation. 

But it is going to be a challenge, and the distinguished Chairman 

has completely outlined the essential facts that are necessary for 

this hearing. I would ask to put mine into the record. 

But I would ask each of you now, particularly, Mr. Skinner, you 

are almost, I think you would say, a professional Inspector General. Would you kindly introduce the family that has accompanied 

you today because this is a very important hearing for them, too. 

Mr. SKINNER. Well, thank you, Senator. I would be glad to. Seated right behind me is my wife, Barbara, and my youngest daughter, Heidi, right here. 

Senator WARNER. We welcome you. 

Mr. SKINNER. My oldest daughter, Tasha, lives and works in San 

Francisco, and was unable to make the trip today to be here. But 

I would like to say, if I may, they have been and are my bedrock, 

and just for the record I would like to express my sincere thanks 

to them for their sustained support of me over the years as I pursued my Federal career. 

Senator WARNER. Well, this Committee welcomes that representation, and we thank you very much. 

Now, Mr. Miller, your family? 

Mr. MILLER. Thank you, Senator. Behind me is my daughter, 

Rosemary. 

Senator WARNER. Rosemary, we welcome you. 

Mr. MILLER. My wife, Mary Frances, and my son, Andrew. 

Senator WARNER. Andrew, nice to see you. 

Mr. MILLER. And, I, too, thank my family for their sacrifice. 

Often public service can be hard on a family, and I would like to 

thank them for their sacrifice and their support. 

Senator WARNER. Well, each of you is going to be entrusted with 

one of the more complicated portfolios of decisions because homeland security is rapidly expanding, if I may say under the distinguished oversight of this distinguished Chairman and Ranking 

Member of this Committee, and others on the Committee. And your 

agency has been around a long time. I see that from the perspective of this Committee on which I serve and also the Environment 

and Public Works Committee. And I have had a long affiliation 

with your agency, and I wish you well because it, too, has had a 

record of some problems in the past and my very best good luck 

to you as you address the complicated matrix of decisions that will 

come before you. 

With that, Madam Chairman, I yield the floor to my distinguished colleague, if I may. 

[The prepared statement of Senator Warner follows:]

PREPARED STATEMENT OF SENATOR WARNER 

Chairman Collins, Senator Lieberman, and my other distinguished colleagues on 

the Senate’s Homeland Security and Governmental Affairs Committee, I thank you 

for holding this confirmation hearing. 

5

Today, I am pleased to introduce to you, Mr. Skinner, who has been nominated 

to serve as the Inspector General of the Department of Homeland Security. Mr. 

Skinner is supported here today by his wife Barbara and his youngest daughter 

Heidi. 

Subsequent to earning his B.S. degree in business administration from Fairmont 

State College in 1968, Mr. Skinner has served as a dedicated public servant for over 

35 years. Mr. Skinner began his Federal career in the Office of Inspector General 

at the U.S. Department of Agriculture (USDA) as an auditor. 

Since working at USDA, Mr. Skinner has worked in five other Federal agencies’ 

Offices of Inspector General. Most recently, he has served as the Acting Inspector 

General of Homeland Security. 

Having worked exclusively within the Inspector General community, Mr. Skinner 

has had the opportunity to rise through the ranks in a variety of management and 

executive positions. Consequently, he has participated in and directed all operational functions associated with an Office of Inspector General. 

Madam Chairwoman, obviously, Mr. Skinner is highly qualified to serve as Inspector General of the Department of Homeland Security. I urge my colleagues to 

support his nomination, and I look forward to the Committee reporting out his nomination favorably. 

Also, today, I am pleased to introduce to you, Mr. Miller, who has been nominated 

to serve as the Inspector General of the General Services Administration. Mr. Miller 

is supported here today by his wife Mary Frances, his son Andrew, and his daughter 

Rosemary. 

The job of Inspector General is a critical one, tasked with the responsibility of detecting and deterring waste, fraud, and abuse within the agency. Mr. Miller has a 

strong legal background and extensive work experience in the Federal Government, 

which makes him highly qualified to serve in this position. 

Subsequent to earning his B.A. at Temple University and J.D. at the University 

of Texas, Mr. Miller has served as a public servant for nearly two decades. For over 

a decade now, Mr. Miller has served as an Assistant U.S. Attorney in a diverse 

number of roles and has handled many cases. In one such role, he assisted in some 

of the most important terrorism cases the Federal Government has pursued since 

the September 11 attacks, including United States v. Moussaoui. 

In addition, Mr. Miller served as the Special Counsel on Health Care Fraud. In 

that position, Mr. Miller was charged with overseeing the U.S. Department of Justice’s health care fraud litigation, prosecution, and policy development within the 

Department. 

Madam Chairman, obviously, Mr. Miller is highly qualified to serve as Inspector 

General of the General Services Administration. I urge my colleagues to support his 

nomination, and I look forward to the Committee reporting out his nomination favorably.

Chairman COLLINS. Thank you. Senator Allen, we are delighted 

to have you with us today to introduce the nominee. 

STATEMENT OF HON. GEORGE ALLEN, A U.S. SENATOR FROM 

THE STATE OF VIRGINIA 

Senator ALLEN. Thank you, Madam Chairman, Senator Akaka, 

and my good colleague, Senator Warner. Thank you all for allowing 

me to have this opportunity to present to you Mr. Miller, who the 

President has nominated to be Inspector General of the General 

Services Administration. 

I consider Mr. Miller to be a trusted friend. His family has been 

introduced here, they are proud residents of Fredericksburg, Virginia. I heard you all talking about economy, value, and efficiency. 

I asked his son, Andrew, what were the gas prices at the Wawa 

Station in Fredericksburg; he knew it was $2.19. As my colleague 

Senator Warner knows, I look for efficiency, value, and economy in 

fuel prices, and so that is a good sign that young Andrew here 

doesn’t want to squander money on paying unnecessarily high 

prices for gasoline. 

At any rate, I, Madam Chairman and Members of the Committee, highly recommend Mr. Miller for confirmation as an InspecVerDate 0ct 09 2002 12:56 Mar 15, 2006 Jkt 023161 PO 00000 Frm 00009 Fmt 6633 Sfmt 6601 C:\DOCS\23161.TXT SAFFAIRS PsN: PAT
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tor General for the General Services Administration. For nearly 20 

years, Mr. Miller has dedicated his professional life to public service. Whether as a leader in the community in Fredericksburg, Alexandria, or in Washington, DC, he has worked closely with some of 

the most effective leaders of our time. Mr. Miller has provided wise 

counsel to FBI Director, Robert Mueller, when he was Acting Deputy Attorney General. He also gave counsel to Deputy Attorney 

General Larry Thompson and our outstanding U.S. Attorney for 

the Eastern District of Virginia presently, Paul McNulty. 

Mr. Miller’s skills are well respected and have been utilized in 

a variety of different ways by different agencies and prosecutions. 

In fact, even when there was a prosecution in the Southern District 

of West Virginia that was in jeopardy because of misconduct by the 

lead investigator, the Department of Justice asked Mr. Miller to go 

down there to investigate the investigation, to make sure that 

moved forward. 

Now, as Inspector General, Mr. Miller is going to be charged 

with the very important responsibility of preventing waste, fraud, 

and abuse in an agency that, as you stated, has one of the largest, 

if not the largest procurement budgets in our whole government. 

It is a task that Mr. Miller is well suited for. He has been a principal architect for U.S. Attorney Paul McNulty’s Federal Procurement Fraud Initiative. Mr. Miller, therefore, is no stranger to this 

sort of prevention and prosecution of procurement fraud. He has 

over 12 years of experience as an assistant U.S. Attorney, and has 

handled numerous procurement, health care, and grant fraud 

cases. He has the legal courtroom experience to not just investigate, but also prosecute, which I think will give his scrutiny and 

eyeballing of what is going on added credibility, and hopefully giving those who would be making these decisions the understanding 

that there is someone watching who understands what is going on. 

And so, I believe for us in Congress, Mr. Miller is the type of person we would want as we all care so much, regardless of party, we 

don’t want our taxpayers’ dollars being wasted or squandered or 

being misused, and Mr. Miller will be our eyes and ears, not just 

ours, but also the taxpayers. 

So I thank you Madam Chairman and Members of the Committee for the courtesy provided to me here. I hope you will move 

swiftly on Mr. Miller’s nomination. I strongly endorse his nomination and look forward to working for his confirmation on the Senate 

floor. I thank you, all. 

Chairman COLLINS. Thank you very much, Senator. 

Your strong endorsement carries great weight with this Committee, and we look forward to working with you. 

I am aware that you have other scheduled appointments this 

afternoon, and so we are pleased to excuse you at this time. 

Senator WARNER. Madam Chairman, he made reference to the 

young Mr. Miller about the price of gas. [Laughter.] 

I remember the night very well. The two of us had been on a long 

trip, as most Senators, traveling in a small plane, bouncing 

through the skies, finally arriving back at around 11 o’clock, having 

called our respective wives to join each other and have a drink who 

had been waiting 2 hours late for us. 

7

1The prepared statement of Mr. Skinner appears in the Appendix on page 17. 

The biographical information and questionnaire appears in the Appendix on page 21. 

The pre-hearing questionnaire appears in the Appendix on page 25. 

The post-hearing questions appears in the Appendix on page 63. 

We then get into his beat up old SUV, and he finds it has no gas 

in it. So now the problem is at this hour of the night trying to find 

a gas station. And the first one was closed. The second—when we 

started pumping, he would only have 90-cent regular. That was all 

he was going to pay. 

So they had five gallons. So we pumped that. We went to the 

next gas station, and the fellow was all out of regular, but he had 

some high test. And George said no, I am moving on. I said, 

George, I am buying all the high test this guy has or I will buy 

the gas station and give it to you. [Laughter.] 

We finally got home. [Laughter.] 

Chairman COLLINS. Well, I would have you know, Mr. Chairman, 

that when I heard the price of gas in Virginia, I was envious, since 

it was 15 cents lower than that in the State of Maine this past 

weekend. 

Senator WARNER. I am out of here. 

Chairman COLLINS. So thank you, Senator. 

Senator ALLEN. Bring Senator Warner with you. He will pay for 

that high test. 

Chairman COLLINS. Yes. [Laughter.] 

And that was just regular. 

Senator ALLEN. Thank you. 

Chairman COLLINS. I want to thank both of the Senators from 

Virginia for being here in support of the nominees. Both nominees 

have filed responses to biographical and financial questionnaires, 

answered pre-hearing questions submitted by the Committee, and 

had their financial statements reviewed by the Office of Government Ethics. Without objection, this information will be made part 

of the hearing record, with the exception of the financial data, 

which are on file and available for public inspection in the Committee offices. 

Our Committee rules require that all witnesses at nomination 

hearings give their testimony under oath. So I would ask that you 

both stand at this time and raise your right hand. 

[Witnesses sworn.] 

Chairman COLLINS. You may be seated. 

Mr. Skinner, I would ask that you proceed first with your statement. 

TESTIMONY OF RICHARD L. SKINNER,1 TO BE INSPECTOR 

GENERAL, U.S. DEPARTMENT OF HOMELAND SECURITY 

Mr. SKINNER. Thank you, Chairman Collins. 

Senator Akaka, I would like to thank you for having this hearing 

today on my nomination, and I’d also like to thank Senator Warner 

for taking time out of his busy schedule to be here today as well. 

Again, I express my sincere thanks to President Bush for the 

confidence that he has shown by nominating me for such a high 

Federal position. 

The importance of the Department’s mission cannot be overstated. And by conducting independent and objective audits, invesVerDate 0ct 09 2002 12:56 Mar 15, 2006 Jkt 023161 PO 00000 Frm 00011 Fmt 6633 Sfmt 6601 C:\DOCS\23161.TXT SAFFAIRS PsN: PAT
8

tigations, and inspections, the Inspector General can play a very 

critical or very important role in aiding the Department to accomplish its mission. 

Since their arrival in the Department several months ago, I’ve 

had the opportunity to meet with Secretary Chertoff and Deputy 

Secretary Jackson on several occasions. They both underscored 

their appreciation of the Inspector General’s oversight role and 

dual reporting responsibilities. I thank them for their support. 

Based upon my experience today, I am confident that, if confirmed, I will have a very close working relationship with them 

both. 

Furthermore, since March 2003, I’ve had the privilege to serve 

with some of the most dedicated employees in the Federal Government. I cannot begin to tell you how rewarding it has been over 

the past 28 plus months to work side by side with the men and 

women employed within both the Department and the OIG. 

I would like to take a moment now to provide you a brief summary of my work experience and what I would bring to the Inspector General job, if confirmed. 

I feel as though I’ve been training for this job for the past 36 plus 

years. I spent my entire Federal career in Inspector General organizations dedicated solely to the implementation of the principles 

specified in the Inspector General Act. My background has afforded 

me the opportunity to be involved in all operational functions associated with an Office of Inspector General. I believe this experience 

has prepared me to perform the duties of an Inspector General 

with confidence and integrity. 

If confirmed, I would bring that experience, knowledge, dedication, and independence to the job as the Inspector General of the 

Department of Homeland Security. 

There are several lessons I’ve learned over the years. One is the 

importance of teamwork. Notwithstanding the independent role of 

the OIG, the Inspector General must work to build relationships 

within the Department and the Congress, relationships that are 

based on trust and mutual respect, and a shared commitment to 

improving the Department’s operations and programs. 

If confirmed, I pledge to keep both the Secretary and the Congress currently informed and to promote the open exchange of information and ideas. 

Second, it is imperative that the Inspector General has the flexibility to respond to unanticipated requirements or conditions and 

to do so in a timely manner. 

If confirmed, I would stand ready to initiate special reviews responsive to the needs of the Secretary and the Congress on short 

notice. 

The third and possibly most important lesson is never to rest on 

your laurels. The Inspector General must continually strive to do 

better, to anticipate ways in which operations can be improved, 

both within the Department and within the OIG itself. 

If confirmed, I would very much look forward to working closely 

and routinely with this Committee, as well as the many other congressional committees with homeland security oversight responsibilities, and I pledge to carry out my responsibilities as Inspector 

9

1The prepared statement of Mr. Miller appears in the Appendix on page 71. 

The biographical information and questionnaire appears in the Appendix on page 73. 

The pre-hearing questionnaire of appears in the Appendix on page 78. 

The post-hearing questions appears in the Appendix on page 97. 

General to the very best of my ability, with enthusiasm and dedication, and in an objective, independent, and apolitical manner. 

Madam Chairman, that concludes my statement. I’d be pleased 

to answer any questions. 

Chairman COLLINS. Thank you. Mr. Miller. 

TESTIMONY OF BRIAN D. MILLER1, TO BE INSPECTOR 

GENERAL, SERVICES ADMINISTRATION 

Mr. MILLER. Chairman Collins, Senator Akaka, and Members of 

the Committee, thank you for the opportunity to appear before you 

today. 

I’ve also submitted a written statement that I would ask be included in the record. 

Chairman COLLINS. Without objection. 

Mr. MILLER. Thank you. It is an extraordinary honor and privilege to be the President’s nominee to serve as the Inspector General of the General Services Administration. 

I’d also like to thank Senators Warner and Allen from my home 

state of Virginia for their kind introduction. I really appreciate 

their support throughout this nomination process. 

I’d also like to thank the members of my family, again, and I’m 

also encouraged by so many of my friends and colleagues who have 

come here to this hearing. 

If confirmed, I welcome the challenges of this position at this historic time, and I will work hard every day to carry out my responsibilities. I also look forward to working with you and the other 

Senators and Members of Congress to achieve our mutual goals for 

the operations of the General Services Administration. 

Chairman Collins, thank you for allowing me to testify here this 

afternoon. I would be happy to answer any questions that you or 

other Members of the Committee may have. Thank you. 

Chairman COLLINS. Thank you very much. I will start my questioning with standard questions that we ask of all nominees who 

come before this Committee. 

First, is there anything that you are aware of in your background 

which might present a conflict of interest with the duties of the office to which you have been nominated? Mr. Skinner. 

Mr. SKINNER. No, Madam Chairman. 

Chairman COLLINS. Mr. Miller. 

Mr. MILLER. No, Madam Chairman. 

Chairman COLLINS. Two, do you know of anything, personal or 

otherwise, that would in any way prevent you from fully and honorably discharging the responsibilities of the office to which you 

have been nominated? Mr. Skinner. 

Mr. SKINNER. No. 

Chairman COLLINS. Mr. Miller. 

Mr. MILLER. No. 

Chairman COLLINS. And finally, on this segment, do you agree 

without reservation to respond to any reasonable summons to apVerDate 0ct 09 2002 12:56 Mar 15, 2006 Jkt 023161 PO 00000 Frm 00013 Fmt 6633 Sfmt 6601 C:\DOCS\23161.TXT SAFFAIRS PsN: PAT
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pear and testify before any duly constituted Committee of Congress 

if you are confirmed? Mr. Skinner. 

Mr. SKINNER. Absolutely. 

Chairman COLLINS. Mr. Miller. 

Mr. MILLER. I will. 

Chairman COLLINS. Well, you both passed that section very well. 

I will now do a round of questions limited to 8 minutes each. 

Mr. Miller, I have long been concerned about whether the Federal Government is doing enough to protect the integrity of the procurement process. One essential area is determining whether or 

not government contractors are responsible under the law as the 

Federal Acquisition Regulations require. 

For some time, I have questioned whether GSA has done everything that it could in the area of debarring or suspending contractors who fail to meet ethical standards or in some cases may have 

been convicted of a crime. This Committee pursued at great length 

the WorldCom situation, where GSA was very slow to make a responsibility determination to determine whether this major telecommunications contractor should continue to do business with the 

Federal Government. I wasn’t prejudging the outcome of that process, but I was concerned that but for this Committee’s prompting 

GSA to begin its analysis and review it might never have reached 

a determination. 

Similarly, this Committee’s Permanent Subcommittee on Investigations has held hearings over the past 2 years that have revealed that numerous Federal contractors have deliberately failed 

to pay taxes that they owe, payroll taxes, for example. One problem 

is that the Federal contracting officials often delay in taking action 

against the contractor until an investigative agency brings charges 

against them or even in some cases until a conviction is secured. 

Do you see any opportunity for the GSA IG to take a more active 

role in probing Federal contractors, since GSA is the largest procurement agency and maintains the debarment and suspension list 

upon which other agencies rely? 

Mr. MILLER. Thank you for the question, Chairman Collins. I 

share your concern regarding contractors who have defrauded the 

Federal Government or have not paid taxes, and I, too, would like 

to see them debarred. And that is an issue that when I did meet 

with the former Inspector General, Dan Levinson, I brought that 

up with him, and we had a discussion about debarment practices 

and bringing action against those individuals. 

In fact, we talked about WorldCom. So I share your concern. If 

confirmed, I would do everything in my power to pursue debarment 

and administrative remedies against contractors who are engaged 

in defrauding the government or misusing government funds, and 

I would like to see our office move in a direction where it is much 

easier for contracting officers to recognize the potential for debarment proceedings earlier on in the investigation or if they see an 

irregularity. I would strive to work closer with contracting officers 

so that we can move more quickly against Federal contractors who 

are engaged in fraud or abuse of the contract. 

So I would do all in my power, if confirmed. 

Chairman COLLINS. Thank you. Mr. Skinner, you made a very 

important point in your opening statement when you talked about 

11

the necessity for the IG not only to be the independent watchdog, 

but to build relationships with managers in the Department so that 

you can help them avoid problems that improve the effectiveness 

and efficiency of the delivery of Federal programs. 

In that regard, could you tell us whether you had any role in the 

second stage review recently undertaken by the Secretary of Homeland Security, which has led to significant reorganization proposals 

for the Department? 

Mr. SKINNER. Madam Chairman, we were involved in this since 

March 2003. We’ve had the opportunity to issue several reports in 

which we questioned organizational structure and as well as delivery of different services within the Department. What we did, 

working with the Deputy Secretary, is to analyze all of our recommendations and all of our outstanding recommendations and to 

overlay those with the recommendations that were coming in from 

the other 17 working groups—I believe there were 18 working 

groups under the 2SR—to see if there were any contradictions or 

if there was anything that the Secretary could use from an Inspector General report to support any recommendations he may have. 

If there were differences, then the Secretary was at least made 

aware of what those differences are. That way, he can make an informed decision on which way he would choose to go. 

So in that sense, we were. 

Also, we participated in the law enforcement working group. 

That was one of the 18 working groups. We provided input to that 

group relative to the internal affairs operations that are scattered 

throughout the Department and the different bureaus and directorates and how those interact with the OIG. 

Chairman COLLINS. I am glad to hear that, and the Secretary 

also told me that he had sought you out for your advice, which I 

think is so important. The Secretary ought to view the Inspector 

General as an ally, not an adversary, but that is not always the 

case. 

At a January hearing before this Committee, Mr. Skinner, you 

kindly agreed to my request to conduct a review of whether it made 

sense to merge two agencies in the Department, the CBP and ICE. 

As part of his second stage review, Secretary Chertoff proposes 

to actually move the two agencies out from under the control of a 

common directorate. I have told the Secretary that this concerns 

me because it further separates them potentially. He also told me, 

however, that he has not ruled out if some management reforms 

he puts into place are not effective eventually taking another look 

at combining the two agencies. We have had experts recommend 

the merger of CBP and ICE to us. It is not something that I have 

reached a decision on, but it is something I am interested in hearing views on. 

Could you tell us where you are in the review process and whether you have reached any preliminary conclusions? 

Mr. SKINNER. Chairman Collins, I’m pleased to report that if not 

today, tomorrow morning I will be signing a draft report. 

It’s been an arduous journey in doing a task like this. We have 

interviewed somewhere between 400 to 500 individuals across the 

country, in all parts of the BTS, Bureau of Transportation and Security, as well as those that the Department services, interacts 

12

with, and that would be U.S. Attorneys Offices, State, and local 

governments. 

We have just over the weekend started pulling together all of our 

conclusions. I have not seen the final draft. We keep making adjustments to it. But I hope to have that signed tomorrow, obtain 

comments from the Secretary himself, and have a report up to you 

very shortly, hopefully within the next 30 days. 

Chairman COLLINS. Excellent. Thank you. Senator Akaka. 

Senator AKAKA. Thank you, Madam Chairman. 

Mr. Skinner, as I noted in my opening statement, I take the 

issue of whistleblower protection very seriously. Good government 

demands protection of employees who report waste, fraud, and 

abuse. 

Federal Inspectors General are key partners in investigating 

whistleblower reprisal allegations. The number of referrals of reprisal allegations from the Office of Special Counsel to IGs is increasing. 

Some OIGs have dedicated training units to handle such cases, 

such as the Defense Department OIG, which has two separate directorates for reprisal investigations, one for military and one for 

civilian employees. 

My questions are how does DHS OIG currently handle reprisal 

investigations? And, in light of increases in referrals, how will your 

office act to ensure that whistleblower reprisal investigations are 

investigated properly? 

Mr. SKINNER. Senator Akaka, I share your concerns with regard 

to the protections offered under the Whistleblower Protection Act. 

In order to be successful, the Whistleblower Protection Act is 

something that we rely on very heavily. People have to be secure 

in the knowledge that they can come to the OIG without fear of reprisal. We work very closely with the Office of Special Counsel 

when we receive allegations under the Whistleblower Protection 

Act. 

First of all, anytime we do get such an allegation, we counsel 

those individuals on how far we can go with those investigations. 

We contact the Office of Special Counsel to seek their advice, their 

input as to how we should proceed with these issues. If it’s something that we can’t handle or an investigation that we can’t pursue; 

that is, we would have to share the identity of the allegator, then 

we would refer that individual to Office of Special Counsel for further investigation. 

More often than not, those cases are referred back to us. We 

have, in the past 2 years or in 2004, set up an Office of Special 

Investigations within headquarters here in Washington that handles all allegations that involve whistleblower allegations. They 

pursue any of these special type cases where people feel like they 

have been reprised against as a result of coming to the OIG, or for 

that matter to OSC or to management itself. 

It is something we do take very seriously. Our success depends 

on the ability of these people to come forward and be truthful and 

forthright. 

Senator AKAKA. Thank you for your response. Mr. Miller, would 

you care to comment on the role of the GSA Inspector General in 

protecting whistleblowers and explain your view of the responsibilVerDate 0ct 09 2002 12:56 Mar 15, 2006 Jkt 023161 PO 00000 Frm 00016 Fmt 6633 Sfmt 6601 C:\DOCS\23161.TXT SAFFAIRS PsN: PAT
13

ities of the OIG and the Office of Special Counsel in handling whistleblower retaliation cases? 

Mr. MILLER. OK. Thank you, Senator. I, too, share your concern 

about whistleblowers. Whistleblowers are a very important part of 

oversight of government operations. When I was Special Counsel 

on Health Care Fraud for the Department of Justice, I learned that 

it was very important to get—obtain information from all sources, 

including whistleblowers. In fact, some of our most significant 

cases started with whistleblowers. We settled a case with TAP 

Pharmaceutical Company. It ended up paying $875 million in 

criminal fines and civil penalties and that began with a whistleblower. 

So I do recognize the importance of whistleblowers, and I believe 

they should be protected to the fullest extent possible, and I see the 

role of the OIG as very important in protecting them from retaliation. 

Senator AKAKA. Thank you. Mr. Skinner, TSA is the only entity 

within DHS that is not required to follow the Federal Acquisition 

Regulation. As you know, the DHS OIG and the Government Accountability Office have audited TSA procurement practices, and 

have questioned the cost and effectiveness of many TSA contracts. 

Your office attributed these problems to a lack of contract oversight personnel, poor management by the contractors, and weak financial controls at the agency. 

Based on your investigations, do you believe TSA should still be 

exempt from the FAR? 

Mr. SKINNER. That’s an excellent question. The reports that we 

issued with regard to TSA and the problems that they’re having 

with their procurement operations are somewhat dated. Those procurements occurred generally in 2002 and in early 2003, keeping 

in mind in 2002 and early 2003, TSA only had 12 employees and 

only one contracting officer. Things have changed considerably 

since then. 

Today, they have over 70, close to 80, people dedicated to a procurement. They have established an entire division for procurement operations. They have an investment review board now for 

anything that’s procured over $50 million. They have a review process for anything over $5 million. So things have improved considerably since the early days of TSA in 2002 and 2003. 

With regard to using the FAR versus the other acquisition mechanisms, I think it’s going to require a little closer study on our behalf before we can offer an opinion on that. I have been working 

with our Chief Procurement Executive within the Department of 

Homeland Security to make a determination whether it is still 

needed. At the time that they were stood up in 2002, the acquisition regulations under which they were operating may have been 

necessary because of the imminent requirement or the requirement 

to stand up so quickly, and they required exemptions to enable 

them to do that. 

Today, the dust has settled, and now we’re moving at a more 

steady pace. The question is could they operate under the FAR? My 

initial reaction to that is yes, they could. But before we draw that 

conclusion categorically, we have to study to see what impact that 

14

would have on some of the procurements that are currently underway and what their future plans are. 

Senator AKAKA. Chairman, I will wait for a second round. 

Chairman COLLINS. Thank you. 

Senator AKAKA. Thank you. 

Chairman COLLINS. Mr. Skinner, in response to the Committee’s 

written questions, you stated that at times the IG office has had 

difficulty in obtaining information from within the Department 

that it needed to conduct its investigations. You specifically cited 

significant problems involving a case of your review of a rendition 

of an individual to Syria. Are you satisfied that you will have the 

cooperation of high-ranking officials and the Secretary as far as 

getting timely access to all the information you need to conduct 

your duties? 

Mr. SKINNER. Today, I’m very satisfied, Chairman Collins. That 

particular case you’re referring to is a very frustrating process. It 

wasn’t a matter of denial of access to records or individuals. There 

were extenuating circumstances. There was an outstanding civil 

suit. There was the question of whether the Department was going 

to waive certain privileges through the court proceedings. 

That had to be resolved. There was also the issue of classified 

material that was under what they call an organizational control 

classification; that is, it was classified by other departments, and 

to have access, approval was required. 

We had to work through that. It was the first time for them. It 

was the first time for us. We have worked through that. That particular case now is—we’re moved very rapidly on that now. We 

have resolved all those issues. And it was a good lesson for us all 

because it taught us, a lot of people within the Department, what 

our authority really is; that is, we have unfettered access to individuals and records, and they understand that now. 

I’ve talked and met with Secretary Chertoff, Deputy Secretary 

Jackson, General Counsel Phil Perry, and they’ve all assured me 

that if we do not receive the information that we’re asking for, to 

report it to them immediately, and they will see to it that we get 

it. 

Chairman COLLINS. I am glad to hear that. I would also encourage you to contact this Committee if ever you do run into those difficulties and let us know. 

Mr. SKINNER. Rest assured, I will. 

Chairman COLLINS. And, Mr. Miller, I would ask the same commitment from you. If you run into difficulties in securing documents or access to individuals within GSA that you believe are necessary to carry out your responsibilities, I would ask that you notify this Committee. 

Mr. MILLER. I certainly will. 

Chairman COLLINS. Mr. Miller, I have one final question for you. 

In January, the Government Accountability Office, GAO, once 

again placed Federal real property management on its high-risk 

list. This is at least the second time that the management of real 

property has been on GAO’s high-risk list. In doing so, GAO noted 

that the area was designated as high-risk due to ‘‘longstanding 

problems with excess and underutilized property, deteriorating facilities, unreliable real property data, and costly space challenges.’’ 

15

GAO further stated, and this is even more troubling, that the underlying conditions that led to the high-risk designation continue, 

and more remains to be done to address these problems and the 

obstacles that prevent agencies from solving them. 

This Committee did an in-depth investigation of this very issue. 

We found countless cases of valuable Federal property left to deteriorate. It is a real problem, and, as the landlord for the Federal 

Government, this should be a matter of great concern for the General Services Administration. What role do you think that the IG 

could play in assisting GSA in getting a handle on its real property 

and ensuring that the taxpayers’ investment is protected? 

Mr. MILLER. Thank you, Chairman Collins. I, too, share your 

concern. It is imperative that GSA maintains proper management 

of Federal real property and gets the best deal for the taxpayers. 

All improper management should be remedied and improvements 

made. Our Nation’s building resources should not remain unproductive. 

If confirmed as Inspector General, I will attempt to ensure that 

GSA makes better use of Federal property through audits, through 

investigations, and through any other means. I consider this a very 

important issue and will give it my full attention if confirmed as 

Inspector General. 

Chairman COLLINS. I hope that you will make this as a personal 

priority a goal of getting the Federal property management off the 

high-risk list so that we don’t have exactly this same conversation 

in 2007, when the GAO’s list will come out again. 

Mr. MILLER. Yes, Senator, I’ll do my best. 

Chairman COLLINS. Thank you. Senator Akaka. 

Senator AKAKA. Thank you very much, Madam Chairman. I have 

further questions I would like to submit because I was just informed that I have to leave to attend another meeting. So I thank 

you very much, and I thank our witnesses very much for their responses. 

Chairman COLLINS. Thank you, Senator. I am very sympathetic 

because I, too, have a BRAC meeting that is scheduled for this 

afternoon. Mine is about a half hour from now. That is probably 

good news for our next panel. But I do thank you for being here 

today. 

I want to thank both of our nominees for appearing before the 

Committee. Without objection, the record will be kept open until 10 

a.m. tomorrow for the submission of any written questions, statements, or other materials for the record. 

In closing, let me just say that I feel we are very fortunate that 

both of you have been tapped for your respective posts. We need 

people like you who are willing to serve in such an important position, and I thank you and your families for your dedication to public service. 

Mr. MILLER. Thank you, Senator. 

Mr. SKINNER. Thank you. 

Mr. MILLER. Thank you, Madam Chairman. 

Chairman COLLINS. We look forward to working very closely with 

you. This hearing is now adjourned. 

[Whereupon, at 2:49 p.m., the Committee was adjourned.] 

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