U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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

http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center,

U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-mail, gpo@custhelp.com.

53–112 PDF 2010

S. Hrg. 111–687 

NOMINATIONS OF HON. CHRISTINE M. GRIFFIN 

AND STUART G. NASH 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

OF THE

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF HON. CHRISTINE M. GRIFFIN TO BE DEPUTY DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT, AND STUART G. NASH 

TO BE ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF 

COLUMBIA 

JULY 16, 2009 

Available via http://www.gpoaccess.gov/congress/index.html 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 


ph44585 on D330-44585-7600 with DISTILLER
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

MICHAEL F. BENNET, Colorado 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MICHAEL L. ALEXANDER, Staff Director 

KRISTINE V. LAM, Professional Staff Member 

CHRISTINE S. KHIM, Counsel, Subcommittee on Oversight of Government Management, the 

Federal Workforce, and the District of Columbia 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

JENNIFER L. TARR, Minority Counsel 

JENNIFER A. HEMINGWAY, Counsel, Subcommittee on Oversight of Government Management, 

the Federal Workforce, and the District of Columbia 

TRINA DRIESSNACK TYRER, Chief Clerk 

PATRICIA R. HOGAN, Publications Clerk and GPO Detailee 

LAURA W. KILBRIDE, Hearing Clerk 


ph44585 on D330-44585-7600 with DISTILLER
(III) 

C O N T E N T S 

Opening statements: Page 

Senator Akaka .................................................................................................. 1 

Senator Voinovich ............................................................................................. 5 

Prepared statements: 

Senator Akaka .................................................................................................. 25 

Senator Voinovich ............................................................................................. 27 

WITNESSES 

THURSDAY, JULY 16, 2009 

Hon. John F. Kerry, a U.S. Senator from the State of Massachusetts ............... 2 

Hon. Eleanor Holmes Norton, a Delegate in Congress from the District of 

Columbia ............................................................................................................... 6 

Hon. Christine M. Griffin to be Deputy Director, Office of Personnel Management ...................................................................................................................... 7 

Stuart G. Nash to be Associate Judge, Superior Court of the District of 

Columbia ............................................................................................................... 19 

ALPHABETICAL LIST OF WITNESSES

Griffin, Hon. Christine M.: 

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

Prepared statement .......................................................................................... 30 

Biographical and financial information .......................................................... 33 

Responses to pre-hearing questions ................................................................ 41 

Letter from the Office of Government Ethics ................................................. 77 

Responses to post-hearing questions for the Record ..................................... 78 

Letter of support from Senator Kennedy ........................................................ 29 

Kerry, Hon. John F.: 

Testimony .......................................................................................................... 2 

Nash, Stuart G.: 

Testimony .......................................................................................................... 19 

Prepared statement .......................................................................................... 86 

Biographical and financial information .......................................................... 88 

Norton, Hon. Eleanor Holmes: 

Testimony .......................................................................................................... 6 

APPENDIX 

Hon. Edward M. Kennedy, a U.S. Senator from the State of Massachusetts, 

prepared statement .............................................................................................. 28 


ph44585 on D330-44585-7600 with DISTILLER

ph44585 on D330-44585-7600 with DISTILLER
(1) 

NOMINATIONS OF HON. CHRISTINE M. 

GRIFFIN AND STUART G. NASH 

THURSDAY, JULY 16, 2009 

U.S. SENATE, COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 10:08 a.m., in room 

SD–342, Dirksen Senate Office Building, Hon. Daniel K. Akaka, 

presiding. 

Present: Senators Akaka and Voinovich. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. The hearing of the U.S. Senate Committee on 

Homeland Security and Governmental Affairs will now come to 

order. 

Good morning and welcome. Today, the Committee on Homeland 

Security and Governmental Affairs meets to consider the nomination of Christine Griffin to be the Deputy Director of the Office of 

Personnel Management (OPM). 

Ms. Griffin is a native of Boston, Massachusetts, and a graduate 

of the Massachusetts Maritime Academy and the Boston College 

Law School. 

Ms. Griffin is a veteran and a lifelong public servant who began 

demonstrating her commitment to her country at an early age. Immediately after graduating from high school, Ms. Griffin enlisted in 

the U.S. Army and served on active duty for 3 years during the 

Vietnam War. After completing her active service, Ms. Griffin 

served an additional 2 years on reserve duty. 

We thank you very much for your dedicated service during that 

difficult time of war. 

After graduating from the Massachusetts Maritime Academy, 

Ms. Griffin began work with the U.S. Food and Drug Administration (FDA) as a mechanical engineer and field investigator. Ms. 

Griffin also has served as Executive Director of the Boston Disability Law Center. 

In 2005, Ms. Griffin was unanimously confirmed by the U.S. Senate to become a member of the U.S. Equal Employment Opportunity Commission (EEOC). Ms. Griffin is the first female with a 

physical disability to serve as a commissioner in the history of the 

EEOC. 

Ms. Griffin has been a leading advocate for improving the opportunities available to physically disabled Americans and is an advocate in particular for disabled veterans. Ms. Griffin has played a 


ph44585 on D330-44585-7600 with DISTILLER
2 

1The prepared statement of Senator Kennedy appears in the Appendix on page 28. 

key role in increasing the number of physically disabled workers in 

the Federal Government. 

As the Chairman of both the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee and the Veterans Affairs Committee, I understand the 

critical importance of these efforts, and I look forward to hearing 

about your very important work in this area. But before I say another word, I want to introduce my friend Senator Kerry and ask 

him to continue the introduction of Ms. Griffin. 

Senator Kerry. 

TESTIMONY OF HON. JOHN F. KERRY, A U.S. SENATOR FROM 

THE STATE OF MASSACHUSETTS 

Senator KERRY. Well, thank you, Senator Akaka. Thank you for 

your kind words about the nominee and for the privilege of letting 

me be here to introduce Ms. Griffin. 

I apologize, I was outside, but I am happy to say that I was on 

the phone with Senator Kennedy and his wife, Vicki, both of whom 

are enormously supportive of the nominee and want to extend their 

good wishes. 

I am really here both on my own behalf as well as Senator Kennedy’s behalf. I know he is in our thoughts a lot right now but 

more so when we get to see a nominee who embodies the virtues 

and engages in the battles for which Senator Kennedy has fought 

for about half a century now. I think it is fair to say that Ted Kennedy has done more than any Senator in the history of this institution to advance the cause of Americans with disabilities. I know because he just told me how much he wishes he was here to salute 

this nominee and to introduce her himself.1

Ms. Griffin is a friend and a longtime partner in the equal rights 

struggle and now a nominee for the very important post of Deputy 

Director of the Office of Personnel Management. 

If I could just say, Mr. Chairman, Senator Voinovich, before becoming America’s 26th President, Teddy Roosevelt helped another 

reformer President, Benjamin Harrison, to fix the Federal Civil 

Service system, and he wanted it to be professional, driven by 

merit rather than patronage, and open to all. Today, the former 

President and former Civil Service Commissioner is the namesake 

of the OPM’s building, and in many ways we are still struggling 

with the same issues. We need highly competent and devoted public servants like Christine Griffin to help ensure that Federal hiring reflects our ideals. 

Like Teddy Roosevelt, Christine Griffin is a trailblazer. In the 

mid-1970s, as you mentioned, she served on active duty in the 

Army. She was one of only 11 women, Mr. Chairman, in the second 

coed class at the Massachusetts Maritime Academy. 

I know she is fond of saying that the engineer on a merchant 

ship is more in charge of the ship than the captain, and as a lieutenant in the Navy, I am going to respectfully disagree with her. 

[Laughter.] 

But I admire her training and her moxie. In her third year at 

the Academy, Mr. Chairman, a car accident confined Christine to 


ph44585 on D330-44585-7600 with DISTILLER
3 

a wheelchair, but she has never truly been confined to it. Her spirit 

is much bigger than that, her energy, her direction, and more importantly, she never has allowed that disability to define her. 

Instead, she thrived as a lawyer and as a public servant. She 

earned a law degree from my alma mater, Boston College Law 

School, and won the prestigious Skadden Fellowship when she 

graduated. She became Executive Director of the Disability Law 

Center in Boston from 1996 to 2005 when she was named one of 

the Nation’s 11 Lawyers of the Year by Lawyers Weekly USA. 

She was then appointed by President Bush and confirmed unanimously by the Senate to serve on the U.S. Equal Employment Opportunity Commission. 

Christine will take on a leadership position inside the organization that is the chief architect of the human resources agenda for 

1.9 million Federal employees nationwide. This is an important job. 

Among the OPM’s primary responsibilities are crafting improved 

Federal recruitment strategies, expediting the hiring process for 

Federal positions, and attracting a diverse group of men and 

women with a rich mix of talents to serve in America’s Civil Service. 

I am 100 percent plus confident of Christine’s ability to execute 

those responsibilities with enormous distinction. She is a person 

who literally embodies all that we hope for in public servants. She 

is smart. She is accomplished. She is courageous. She is independent. And I think she is deeply committed to the values and 

principles embodied in the job that she has been named for. 

So I am really proud on behalf of Massachusetts and Senator 

Kennedy to introduce her to you. 

Ms. GRIFFIN. Thank you very much. 

Senator AKAKA. Thank you very much, Senator Kerry. 

Senator KERRY. If you will forgive me for having to leave, I appreciate it. 

Senator AKAKA. Thank you very much. Thank you for your introduction. I know you have a very busy schedule. So I am pleased 

that you were able to make it today, and thank you so much for 

mentioning Senator Kennedy and, in a sense, representing him in 

this introduction. 

Senator KERRY. Thank you so much. 

Senator AKAKA. Thank you. 

Ms. Griffin, I want to congratulate you on your nomination and 

welcome you and your family, in particular, your husband, Philip, 

who is here today with you. I understand that you have some family and friends here, and I should also add, supporters, in the audience today, and I want to give you an opportunity to introduce 

them to the Committee. Will you please do that at this time? 

Ms. GRIFFIN. Thank you. You actually mentioned my husband, 

Philip. 

This is my nephew, Griffin Doherty, and he is a staffer who 

works in Senator Kennedy’s office. 

There are a lot of people here, way too many for me to introduce, 

but there are folks from OPM. There are folks from the EEOC. 

There are, I know, a number of people from the disability community in various Federal agencies and nonprofit organizations in 

Washington, DC, and my colleague from the Commission, CommisVerDate Nov 24 2008 09:28 Nov 04, 2010 Jkt 053112 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 P:\DOCS\53112.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
4 

sioner Barker, is here. People on my staff—Jo Linda Johnson and 

Steve Zanowic are here—and I am sure you know some of the other 

folks that you have been working with from OPM over the years. 

But thank you for allowing me to do that. 

Senator AKAKA. Well, thank you very much for that introduction. 

Again, let me express my aloha and welcome to all of you. We 

are very happy to have all of you here. 

Now, Ms. Griffin, I look forward to hearing from you about your 

vision for OPM and your thoughts on addressing the vast human 

capital challenges the government is facing. As we all know, it is 

a crucial time for the Federal Government and the Federal workforce. With an economy that is continuing to struggle, people are 

looking to the Federal Government for effective leadership. An increasing number of young people are looking to the Federal Government as well for meaningful careers. Having the right talent in 

place from the most senior officials down to front-line employees is 

more important now than ever. 

If confirmed, you, along with Director Berry, must confront the 

pressing challenges of helping agencies meet their workforce needs. 

With nearly half of the current Federal workforce being eligible for 

retirement by 2012, we will be looking for a new generation of Federal employees who may have different career expectations than 

their predecessors. We must work now to make the Federal Government the employer of choice in our country. In particular, we 

must reform the broken hiring process, which takes too long and 

places too much burden on applicants. 

I appreciate the work OPM has been doing on this issue with assistance from the Office of Management and Budget for the first 

time. As you know, Senator Voinovich and I have introduced the 

Federal Hiring Process Improvement Act, S. 736, to streamline and 

improve the Federal hiring process. We strongly believe that legislation is needed to ensure that OPM and the agencies have all of 

the tools needed to ensure full and effective governmentwide implementation of hiring reform. We look forward to hearing your 

thoughts on this issue. 

The hiring process is not the only part of this equation that 

needs to be changed. Supervisors play a key role in motivating and 

retaining the most talented Federal employees. Research shows 

that strong senior leadership in Federal agencies is among the 

most important elements of employee satisfaction. Supervisors 

must be trained to increase employee productivity without undermining employees’ rights and protections. I have introduced the 

Federal Supervisor Training Act, S. 674, to provide initial and ongoing training to supervisors in the Federal workforce. 

I know that Senator Voinovich is committed to improving performance management as well, and I look forward to working with 

you, Ms. Griffin, and with Senator Voinovich as we move forward 

on these important issues. 

During the last Congress, I introduced a bill to reestablish labormanagement partnerships in the Federal sector. I understand that 

the Obama Administration is considering reestablishing these partnerships, and I have not yet reintroduced my bill to allow the new 

Administration time to work through the issue. 


ph44585 on D330-44585-7600 with DISTILLER
5 

I encourage you to ensure that OPM is doing all it can to facilitate the reestablishment of these valuable partnerships. More 

broadly, I hope all of your work to improve and reform Federal personnel systems is based on working closely with Federal employees 

and their representatives. 

My good friend and partner, Senator Voinovich, and I have sat 

on this Committee for a number of years. Senator Voinovich is a 

true leader—I call him a champion in Federal workforce issues— 

and has demonstrated his commitment in his years on this Committee to improve all aspects of our Federal workforce. 

Senator Voinovich, I would like to continue to work on this as 

long as we can and as quickly as we can. 

At this point, I would like to call on Senator Voinovich for his 

opening statement. 

OPENING STATEMENT OF SENATOR VOINOVICH 

Senator VOINOVICH. Senator Akaka, thank you for your very generous words. I think that we have had a great partnership for 10 

years and have tried conscientiously to make a difference in terms 

of our Federal workforce. 

Senator Akaka is right, Ms. Griffin. I am going to finish up next 

year, and there is a list of things at OPM that I want to see get 

done. 

I would like to thank your family for the sacrifice they have 

made so that you can serve. They are going to make even more sacrifices if you are confirmed by the Senate, which I think you will 

be. I thank them in advance for it. This is tough work and long 

hours. 

During my tenure on this Committee, we have spent a great deal 

of time reviewing our government’s efforts to find and hire the best 

and brightest employees that the private sector hires at higher salaries and better benefits. I think in this instance the Office of Personnel Management and the District of Columbia have found extremely qualified candidates for positions. 

Mr. Chairman, since you and I have discussed the nominee’s 

background and qualifications, I will not go into the details. You 

have done that. 

Ms. Griffin, I will be following with great interest your work with 

Director Berry to reinvigorate the Office of Personnel Management. 

We had a wonderful discussion in my office. I would like to suggest 

to Senator Akaka when we get back from recess that you and Director Berry could come in and see us privately to talk about your 

priorities. 

Mr. Nash will appear next, and I want to say that I appreciate 

his distinguished education and background. He has also devoted 

more than a decade to his career in public service, and I am 

pleased that he is willing to continue serving his community further at the D.C. Superior Court. 

I look forward to hearing from both of the nominees about their 

education, experience, and why they have sought their respective 

positions. 

Mr. Chairman, I hope that the Committee can vote on these 

nominations as soon as possible because I think the court needs 

Mr. Nash and OPM needs Ms. Griffin. Thank you. 


ph44585 on D330-44585-7600 with DISTILLER
6 

Senator AKAKA. Thank you very much, Senator. 

I would like to now call a person who has served the District of 

Columbia so well for many years in the U.S. House of Representatives and continues to do so, and we are very happy to continue to 

work with her on many pioneering issues for the District. I am delighted to have her here to add to the introduction of Mr. Nash. 

Will you please do that at this time? 

TESTIMONY OF HON. ELEANOR HOLMES NORTON, A 

DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA 

Ms. NORTON. Well, thank you very much, Mr. Chairman. I thank 

you, Senator Akaka, for your long service to the city on this Committee and you, Senator Voinovich, for service in so many ways, especially on the District of Columbia Tuition Assistance Grant (DC 

TAG) bill, which has met the promise that both of you knew it 

would. 

This is the bill that allows so many more District residents to go 

to college because we do not have a State university system. But 

because of your work in getting this bill through, we have virtually 

doubled college attendance here. I want to take this moment to 

offer my particular thanks on that very important score. 

It is always a pleasure to introduce a judge for an Article I court, 

in this case, Stuart Nash for Associate Judge of the Superior Court 

of the District of Columbia. I believe you will find him a particularly well-qualified nominee, with a strong law enforcement background, in particular, coming from the Organized Crime Drug Enforcement Task Forces program, which he directed. 

We are very pleased with his local work as a U.S. Attorney here 

for 7 years. He was counsel to the Judiciary Committee. Before 

that, he was in private practice at Williams and Connolly. 

And, he has a strong academic background: Duke University, 

magna cum laude; and Harvard Law School, magna cum laude. We 

are particularly pleased when our residents who are equipped with 

this background also involve themselves in local work, and Mr. 

Nash has worked with the D.C. Bar Pro Bono Program, Advice and 

Referral Clinic, which is absolutely necessary and important work 

that our attorneys in private practice and public practice do to help 

people who cannot afford attorneys. 

And, I have to say how grateful I am to him for his work for 

Trees for Capitol Hill. 

I think you will find that this candidate more than meets the 

Committee’s expectations, and I thank you for considering him. 

Senator AKAKA. Thank you very much, Delegate Norton, and we 

appreciate your introduction. I know you have a busy schedule too 

and wish you well. 

Ms. NORTON. Thank you. 

Senator AKAKA. And now I would like to return to Ms. Griffin. 

Mr. Nash, welcome, and we will get back to you. 

Ms. Griffin has filed responses to a biographical and financial 

questionnaire, answered pre-hearing questions submitted by the 

Committee, and had her financial statements reviewed by the Office of Government Ethics. Without objection, this information will 

be made a part of the hearing record with the exception of the fiVerDate Nov 24 2008 09:28 Nov 04, 2010 Jkt 053112 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 P:\DOCS\53112.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
7 

1The prepared statement of Ms. Griffin appears in the Appendix on page 30. 

nancial data, which is on file and available for public inspection at 

the Committee offices. 

Our Committee rules require that all witnesses at nomination 

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

raise your right hand. 

Do you solemnly swear that the testimony that you are about to 

give this Committee is the truth, the whole truth, and nothing but 

the truth, so help you, God? 

Ms. GRIFFIN. I do. 

Senator AKAKA. Thank you very much. Let it be noted in the 

record that the witness answered in the affirmative. 

Ms. Griffin, will you please proceed with your statement? 

TESTIMONY OF THE HON. CHRISTINE M. GRIFFIN1 TO BE 

DEPUTY DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT 

Ms. GRIFFIN. Good morning, Mr. Chairman. Please allow me to 

begin by thanking you, Ranking Member Voinovich, and the Members of the Committee for holding this hearing. 

Thanks also to Senator Kerry for his kind introduction and taking the time to come here. 

I would also like to express my gratitude to Senator Kennedy, 

who could not be here today, but who has supported and encouraged me for many years and continues to do so. There is not a person with a disability in this country who has not benefited by legislation that Senator Kennedy has helped pass. 

One other person I want to thank for support is former Congressman Tony Coehlo. No one is more passionate about employment of 

people with disabilities than Tony Coehlo, and he emailed me this 

morning and said that he is here in spirit. 

And I would also like to thank my husband, Philip, who you acknowledged. And you are right, Senator Voinovich. He, as my 

champion and supporter, will endure a lot as he has in the past 

for me to be able to pursue my interest in public service, and I did 

warn him about the long hours. 

When I was a child, the importance of serving the public was 

stressed at home and reinforced at school. My father worked for 

the Federal Government for 39 years before retiring. He began his 

Federal career right here as a clerk in Washington, DC, during the 

Depression. He moved to Washington, DC, for an entry-level Federal job because, during that time, jobs in Boston were very scarce. 

He eventually transferred to another Federal position in Boston so 

he could marry my mother. 

Unfortunately, neither of them could be here today, yet I know 

it is because of them that I am here. 

I began my career, as you mentioned, serving our country as a 

Private in the U.S. Army in 1974. There were seven children in my 

family, and while we were not, I would say, poor, money for college 

was not readily available. The G.I. Bill was my ticket to a college 

education. 

After leaving the Army, I entered Massachusetts Maritime Academy with the five other women who made up only the second class 

of women to ever go there. 


ph44585 on D330-44585-7600 with DISTILLER
8 

After college, I returned to public service as a GS–7 mechanical 

engineer for the Food and Drug Administration. I spent 7 years 

with the FDA, testing medical devices and inspecting medical device manufacturers. It was this job and the investigations that I 

worked on that gave me the desire to go to law school. 

While a student at Boston College Law School, as you heard, an 

alma mater that Senator Kerry and I share, I learned about the 

areas of law that would prepare me for the next 16 years of public 

service. After a Skadden Fellowship at the Disability Law Center, 

I worked as an attorney advisor for the EEOC Vice Chair, Paul 

Igasaki, before returning to the Disability Law Center as the Executive Director, a position I held for 10 years. 

Since January 2006, I have served as a Commissioner and, more 

recently, the Acting Vice Chair of the EEOC. 

During the past 31⁄2 years, I have truly come to understand how 

important our Federal workforce is to the security, health, and 

well-being of the Nation. I also know that OPM’s mission is to ensure that the Federal Government has an effective civilian workforce. OPM must ensure that the men and women who are responsible for the security, health, and well-being of our Nation are the 

best our Nation has to offer and that they reflect all of our Nation’s 

citizens, including those of us with disabilities. 

In a message addressed to the employees of the Federal Government soon after taking office, President Kennedy stated, ‘‘Government service must be attractive enough to lure our most talented 

people. It must be challenging enough to call forth our greatest efforts. It must be interesting enough to retain their services. It must 

be satisfying enough to inspire single-minded loyalty and dedication. It must be important enough to each individual to call forth 

reserves of energy and enthusiasm.’’ 

Those words ring as true today as they did 48 years ago. 

I believe it is OPM’s highest calling to strive to make working 

in the Federal Government the most attractive employment opportunity available in the country—in other words, to make the Federal Government an employer of choice when competing for the 

best and the brightest talent available. To do that, we must simplify and shorten the Federal hiring process so that it encourages 

rather than discourages applicants. I know Director Berry has already begun working with Federal agencies to address hiring 

issues, and if confirmed, I look forward to assisting him in these 

efforts. 

Certainly, the work of the Federal Government has never been 

more challenging. One of OPM’s greatest challenges is to increase 

the diversity of our workforce at all levels. As Deputy Director, I 

would work tirelessly with Director Berry and the staff at OPM to 

enhance the diversity of our Federal employees—not just diversity 

in traditional terms of race, gender, national origin, sexual orientation, and disability, but also with respect to our many cultures, our 

generational divide, and our multifaceted talent pool. 

If we wish to open the door to a diverse, talented workforce, we 

also need to work tirelessly to give Federal workers opportunities 

for training and development. We must provide continuing training 

and leadership development as well as advancement opportunities 


ph44585 on D330-44585-7600 with DISTILLER
9 

so that our employees stay interested in their work and we continue to retain a well-trained and dedicated workforce. 

Whether you are a file clerk or a project manager, a GS–3 or 

someone in the Senior Executive Service (SES), every employee 

must believe in the usefulness of the work he performs and be 

dedicated to facing the challenges and changes that lie ahead. 

All employees must be treated fairly and respectfully, from the 

maintenance worker who keeps the environment around the computers in our air traffic control towers clean, to the technician who 

keeps those computers up and running, to the air traffic controller 

who uses that same computer to safely guide our planes home. 

Each of these employees must be committed to the work he performs, for even the smallest failure could lead to disaster. 

I am willing and eager to serve our country alongside Director 

Berry, the staff at OPM, and the men and women who make up 

our Federal workforce. As someone who started her Federal career 

at the entry level, I have a deep appreciation for the work of our 

Civil Service and the opportunities it provides. 

I want all of you to know that I will take my responsibilities as 

Deputy Director very seriously. I look forward to working with you 

to make our Federal Government the model employer that Theodore Roosevelt talked about in 1885 and that the American people 

deserve today. 

Thank you for your time, and I look forward to your questions. 

Senator AKAKA. Thank you very much for your statement. I will 

begin with the standard questions this Committee asks of all nominees and require your answer. 

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

might present a conflict of interest with the duties of the office to 

which you have been nominated? 

Ms. GRIFFIN. No, Senator. 

Senator AKAKA. Second, 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? 

Ms. GRIFFIN. No, Senator. 

Senator AKAKA. Third, do you agree without reservation to respond to any reasonable summons to appear and testify before any 

duly constituted committee of Congress if you are confirmed? 

Ms. GRIFFIN. Yes, Senator. 

Senator AKAKA. Thank you. Thank you very much. 

The Federal Government currently is facing a number of significant human capital challenges, several of which I have highlighted 

in my opening statement. With so many challenges, what will be 

your top priorities if you are confirmed as Deputy Director of OPM? 

Ms. GRIFFIN. I mention them in my statement. I think the hiring 

process is a big priority. I do think that we have to find a way to, 

as I said, simplify and shorten the process, and I know there is 

some work underway, and I appreciate the legislation that you filed 

regarding this as well. I think we really need to start looking at 

the front end of how people actually come into the Federal Government. 

The other thing I mentioned is diversity at all levels, but I am 

very cognizant of the legislation regarding diversity in the SES 


ph44585 on D330-44585-7600 with DISTILLER
10 

ranks of the Federal Government, and I support that and think 

that is important for us to undertake. 

I think there are a number of things that are underway at OPM 

that I am looking forward to learning about, but those are two of 

the issues that I am interested in looking at, as well as veterans’ 

preference issues. 

I think over the last few years, I have come to realize that some 

agencies probably do not use the veterans’ preference appropriately, and there seems to be some misunderstanding about it. I 

think we can do a lot to provide more guidance to the agencies 

about veterans’ preference and how it can be used more effectively. 

I think it is important that our veterans returning from Iraq and 

Afghanistan and, frankly, being discharged from any military installation in this country have the opportunity to work in the Federal Government and that they have the preference that this legislation was created to give them. So that is something else I would 

be very interested in working on. 

Senator AKAKA. Thank you. 

During your time at the Equal Employment Opportunity Commission, you have focused on increasing diversity in the Federal 

Government. In June, I introduced a bill, S. 1180, to improve diversity in the Senior Executive Service. That measure required the 

creation within OPM of the Senior Executive Service Resource Office (SESRO), which was dissolved in 2003. The SESRO would be 

responsible for building a Senior Executive Service that reflects 

this Nation’s diversity through strategic partnerships, more stringent reporting requirements, and mentorship programs. 

What recommendations would you make for improving diversity 

in the SES? 

Ms. GRIFFIN. Frankly, I followed that bill since it was introduced 

the first time, and I agree with what you are trying to accomplish, 

that we need to have more of a diverse senior staff. I think a lot 

of times that is how you foster more diversity throughout the whole 

Federal Government. 

And I agree with you. I think that we should have an office dedicated at OPM to make sure that happens. 

Senator AKAKA. I am a strong supporter of increasing supervisor 

training in a workforce. As I mentioned in my statement, I recently 

introduced the Federal Supervisor Training Act, S. 674, to provide 

initial and ongoing mandatory training to Federal supervisors. 

OPM would play a vital role in providing agencies with the resources that they need to meet these training requirements. 

What are your views on the training of Federal supervisors currently and what they currently receive, and what improvements do 

you believe should be made? 

Ms. GRIFFIN. I think we need to do a lot more in that area. I see 

sometimes that we tend to promote people because they have been 

there, they are next in line, and they know the work that is being 

done. 

And yet, we very rarely try to find out if they will be good supervisors. Will they be able to actually lead people? Will they be able 

to evaluate them appropriately? 

Will they be able to understand the hiring process themselves 

because now they will have a role in actually doing that? Do they 


ph44585 on D330-44585-7600 with DISTILLER
11 

understand the human resources (HR) process and are they going 

to be effective as hiring managers because a lot of times as supervisors that is what they are becoming as well? 

So I would support anything that we could do to increase the 

training opportunities—and frankly, mandatory is probably a good 

way to go—so that we actually ensure that everyone who does become a supervisor has to have some level of training to do that job. 

Senator AKAKA. As you may know, I introduced a Non-Foreign 

Area Retirement Equity Assurance Act, which is S. 507, to transition employees in Hawaii, Alaska, and the Territories from a nonforeign cost-of-living allowance (COLA) into locality pay while protecting employees’ take-home pay. Your pre-hearing responses indicated support for this transition and a pledge to work with stakeholders, and I want to thank you for that response. 

This is a complicated issue, and I am concerned that affected 

Federal employees may misunderstand how this transition affects 

them. If confirmed, how will you work to ensure that OPM appropriately educates Federal employees in Hawaii, Alaska, and the 

Territories about the transition from non-foreign COLA to locality 

pay? 

Ms. GRIFFIN. I would work with Director Berry and other people 

at OPM to develop some sort of a training program that we could 

deliver to those people because I think you are right. I think it will 

be complicated, and people will have to understand how it will impact them and their pay. I think we would have to look at everything possible, including if we should send people to those States 

and areas to talk to people about what their rights are and how 

they actually make those changes within their pay system. 

Senator AKAKA. For Federal agencies to be most effective, it is 

important that agency management and labor organizations representing Federal employees work together. In the last Congress, 

I introduced a bill that would reestablish labor-management partnerships in the Federal Government. I believe these partnerships 

will make Federal agencies more productive and will increase employee morale. 

I understand that the Obama Administration is considering establishing labor-management partnerships in the Federal Government. Based on your experience, what benefits do you think would 

come from the reestablishment of labor-management partnerships 

in the Federal Government? 

Ms. GRIFFIN. I have the benefit of having been at the EEOC in 

1995 and 1996, working for Vice Chair Paul Igasaki, when the 

partnerships were being developed then. And I also have the benefit of now coming back to the EEOC at a time when they no longer 

exist. And I can tell you firsthand that there is a huge difference, 

and I think it will be important. 

I do not know what it will be called or what form it will take, 

but there has to be a better partnership between agency management and our labor unions. 

I have seen back when they were formed that there was a great 

partnership and a lot of interaction and collaboration about decisions that were being made that would affect all Federal employees. And now I see a time when even I, as a supporter of the Federal union at the EEOC, find that because there is not that partVerDate Nov 24 2008 09:28 Nov 04, 2010 Jkt 053112 PO 00000 Frm 00015 Fmt 6633 Sfmt 6633 P:\DOCS\53112.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
12 

nership anymore, sometimes something I would say or do would inadvertently be seen as something that was against them. So I really do think we have to establish better trust and have a better 

partnership. 

Senator AKAKA. In their Best Places to Work in the Federal Government rankings for 2009, the Partnership for Public Service 

ranked OPM 20th out of 30 large Federal agencies. Strategic management and effective leadership were two of OPM’s lowest scores. 

If confirmed, you will be responsible for addressing human capital challenges within OPM as well as government-wide. What 

steps will you take to identify and respond to such challenges within OPM? 

Ms. GRIFFIN. I think we have to review everything, and I am 

sure Director Berry is in the process of doing this, but I would like 

to join him in reviewing everything that goes on at that agency. I 

think it is important that OPM is the model agency for all the others and that, if morale is not good, we reestablish good morale, and 

we do that by communicating with all of the employees at OPM. 

I know that is Director Berry’s style, and he has already begun to 

do that. 

I think just being open with people and being clear and direct 

about what you are trying to change and why you are trying to 

change it makes change less threatening to people who have done 

things a certain way for a long time or think whatever they are 

doing is the way it should be done. 

I think we have a good opportunity to work with the folks at 

OPM and change the morale there, and hopefully that will spread 

to the other agencies. 

Senator AKAKA. Thank you very much for your responses. I 

would like to now call on Senator Voinovich for his questions. 

Senator VOINOVICH. I am going to go over some things that we 

talked about in my office. 

Have you had a chance yet to talk about what your portfolio is 

going to be with Director Berry? 

Ms. GRIFFIN. No. As I said to you when we met, we have talked 

very broadly about issues like the Model Employer Concept for the 

whole Federal Government and for the agency, diversity, veterans 

issues, and the hiring process. 

Senator VOINOVICH. I am really interested in OPM’s internal 

management. I am very interested in it because in many instances 

the agency heads focus on the operational challenges, and the dayto-day management falls into the hands of the deputy. 

Ms. GRIFFIN. I think Director Berry is very hands-on himself, so 

I cannot imagine that he is just going to go off and focus on the 

big picture. 

Senator VOINOVICH. I am real interested in knowing what it is 

that you are going to be assigned to do. 

Ms. GRIFFIN. You requested that we actually come in and talk to 

you. I think we would be happy to do that. 

Senator VOINOVICH. Yes. I would appreciate that. 

The other thing I am interested in, as you know, is pay for performance. The Transportation Security Administration (TSA) has a 

system outside of Title V, and the unions have been very upset 

about this because they want to unionize TSA. 


ph44585 on D330-44585-7600 with DISTILLER
13 

I understand that there is a study underway at TSA. We also 

have the National Security Personnel System in the Department of 

Defense, with 200,000 people under a system that rewards individual performance. 

I would like to get your opinion. Where do you stand on that? 

Ms. GRIFFIN. I do not really have an opinion. I do not know 

enough about it, and I do know that the study is underway. I saw 

that people have been appointed to the task force—I think it is a 

task force—and they are going to study the system and then come 

back with some recommendations. 

I also know that I have read that the unions and Director Berry 

said that they are going to work together to come up with some 

sort of a plan. So I am hopeful that the study that is underway will 

give us some clear direction in this area. 

Senator VOINOVICH. Senator Akaka and I have worked to provide 

flexibilities to ensure that the government has the right people at 

the right place at the right time. Some agencies have failed to use 

the flexibilities that we have given to them, and we are interested 

in why they are not using the flexibilities. 

Other agencies have been given specific help, including the Nuclear Regulatory Commission, the Government Accountability Office, and the National Aeronautics and Space Administration. And 

I do not know whether Senator Akaka is aware of this, but the 

three agencies to which we have given special provisions in addition and outside of Title V are No. 1, 2, and 3 in terms of employee 

satisfaction according to the Best Places to Work rankings. 

These flexibilities obviously have helped them recruit the right 

people and apparently have helped create a good environment 

there. What would your thoughts be about making these flexibilities available throughout the Federal Government and just amend 

Title V, or do you think we should just wait for agencies to talk 

to us about their specific problems and then try to respond? 

Ms. GRIFFIN. I actually think we should take a look at all of it. 

There are a lot of hiring waivers and flexibilities that are available 

that some agencies are using, some are not, and some are coming 

to you to ask permission to use something that may even exist already. And so, I think OPM has to do a better job of actually developing some training around this and giving folks at the agencies 

the opportunity to learn more. 

I have become very frustrated with the Schedule A hiring authority that is available to hire people with severe disabilities very 

quickly into the Federal Government. As a matter of fact, I think 

that a lot of veterans with disabilities would benefit by going 

through the Schedule A process as well. And yet, I cannot tell you 

how many agencies do not use it, do not know about it, or, if they 

use it, use it inappropriately and ineffectively, thereby really 

changing what it was created to do, which was get someone with 

a severe disability quickly into the Federal Government. 

So I am interested in looking at all of the flexibilities and waivers. I do not know all of them right now, but I think we could do 

a better job of helping the agencies understand what they already 

have the ability to do and helping them do it. 

Senator VOINOVICH. You are very interested in providing individuals with disabilities an opportunity to work for the Federal GovVerDate Nov 24 2008 09:28 Nov 04, 2010 Jkt 053112 PO 00000 Frm 00017 Fmt 6633 Sfmt 6633 P:\DOCS\53112.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
14 

ernment and ensuring veterans’ preference is adhered to. What 

thoughts are you going to bring to OPM to guarantee that some of 

the provisions you just talked about are actually taken advantage 

of by the departments? 

Ms. GRIFFIN. I think we have to do, again, a better job of communicating with the other agencies. I think a lot of times when they 

learn about these flexibilities and waivers and they learn that they 

can actually shorten the hiring process from 6 months to a year 

down to a matter of weeks or a month, frankly, they start to realize 

the advantage of doing that. And I think once they have a very 

good employee who happens to have a disability or happens to be 

a wounded warrior, they start to realize this is a very good, efficient system, and using the waiver becomes more popular. 

There are agencies—and I will give you the example of the National Security Agency (NSA)—that have demonstrated good leadership in hiring qualified people with disabilities. I do not even 

know what NSA does, and we are probably not supposed to. But 

NSA is an agency that understood that they needed special talent 

at their agency to do whatever they do, and they also understood 

that they did not care what package that came in. 

So they have been, for years, seeking people with severe disabilities to work at the agency, but there are very specific qualifications that they need to meet. It does not matter to them if a person 

is deaf or if a person is a quadriplegic. They understand that they 

can accommodate them very easily. What they are looking for is 

the brains that are coming in whatever the package looks like. 

And I think we need to be able to demonstrate best practices like 

that to the other agencies, who, for whatever reason—I think it is 

societal—have a perception that someone with a disability is inherently less qualified. It is just not true. We need to change that 

thinking in the Federal Government because I think if we do not 

change it there, we are not going to change it in the private sector. 

Senator VOINOVICH. I wonder if anybody in the Administration 

ever does a performance evaluation of our secretaries in looking at 

their record in this area. 

When I wanted something done when I was governor or mayor, 

I put it as part of somebody’s performance evaluation. 

Ms. GRIFFIN. What gets measured gets measured, right? 

Senator VOINOVICH. It was very interesting how it made a difference. 

I think that this would be one way that you could get folks serious about this opportunity that we should be taking advantage of, 

that NSA is, but some others are not. 

I look forward to working with you, and God bless. 

Ms. GRIFFIN. Thank you very much, Senator. I look forward to 

working with both of you as well. 

Senator AKAKA. Thank you very much for those questions, Senator Voinovich. 

Ms. Griffin, the Federal Government currently has a unique opportunity to recruit more undergraduate students to public service 

than at any time in decades. Reports suggest that with the economy struggling, young people in this country are attracted to the 

stability of the Federal Government. Moreover, I believe that President Obama has re-invigorated interest in public service. 


ph44585 on D330-44585-7600 with DISTILLER
15 

It is important that the Federal Government do as much as it 

can to capitalize on this opportunity to bring a new generation into 

the Federal workforce. How do you plan to recruit young people, in 

particular, current undergraduate students, into the Federal workforce? 

Ms. GRIFFIN. I think this is another area where there are a few 

agencies that do a very good job at this and a lot of agencies do 

not. A lot of agencies actually do not go out and do targeted recruitment for the people who they are looking for at colleges and universities. 

This is, as you said, a very exciting time, and I am happy to be 

a part of it because I think we are going to see a real change in 

the Federal Government as an employer and how it is perceived. 

And for young people to be excited about it is important, and for 

us to make it easier for them to apply for jobs and to get in is important. But getting to them first and making them realize that it 

is a good option for them is important. 

I hope at OPM that we can do a lot more in the area of actually 

recruiting and that we can help other agencies, whether we do it 

for them, whether we do it with them, whether we do it in some 

collaborative fashion, and that we really start looking more closely 

at how we recruit folks. And, again, there are some agencies that 

do a very good job of it by themselves, and maybe we can look at 

them for best practices on how to do it. 

I am excited about that aspect. I think it is something that we 

probably have not done as much of. I think in times when resources are tight, we actually say that is not important, we do not 

have money for that, when you really have to look at it and say, 

no, that is something we do have to pay attention to. It is not 

something we cannot spend resources on. 

Senator AKAKA. I am a strong supporter of employee mentoring 

and apprentice programs and believe that these programs can assist the Federal Government in developing a skilled and talented 

workforce. Employee mentoring will take on an even larger role in 

the coming years with more young people joining the Federal workforce and a large number of employees eligible to retire. 

What is your evaluation of the existing mentoring programs in 

the Federal Government and what recommendations do you have 

for improving them? 

Ms. GRIFFIN. I think it is ‘‘catch as catch can’’ right now. I think 

some agencies do it, but you see very little demonstration of it government-wide. 

I think there are a lot of things that we could do, especially because we are expecting this big retirement wave. We need to match 

people up and start sharing skills that the older workers have and 

the younger workers need, and some of the historical knowledge is 

always good to have, too, so that you are not reinventing wheels. 

So I would hope that we could figure out a way to institute it 

in the senior leadership at various agencies, and I know that mentoring is something that Director Berry is very interested in, and 

I would love to help him come up with a plan to do it. 

Senator AKAKA. For the past 31⁄2 years, you have served as a 

Commissioner and Acting Vice Chair of the Equal Employment Opportunity Commission. Your work at the EEOC has focused on diVerDate Nov 24 2008 09:28 Nov 04, 2010 Jkt 053112 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 P:\DOCS\53112.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
16 

versity and a more equitable employment opportunity system in 

the private sector and the Federal Government. How do you feel 

your experience at the EEOC will assist you in your new role as 

Deputy Director of OPM? 

Ms. GRIFFIN. I think it is interesting that, as I learned more and 

more about what was happening with diversity, especially with 

people with disabilities and veterans government-wide, the more I 

learned as a Commissioner at the EEOC, the more I realized that 

everything that I wanted to change or have a bigger impact on 

really happened at OPM and not at the EEOC. So I cannot tell you 

how happy I am and delighted that I may have the opportunity, 

if confirmed, to actually do that. 

A lot of these things that I have been looking at, such as increased use of hiring waivers or flexibilities, looking at the diversity issue in the most senior levels of our government, as well as 

everything at the lowest levels, are important issues that I wanted 

to work on. And so, all of those things that I have learned as a 

Commissioner, when looking at all of the data that we collect from 

the various agencies and interacting with the equal employment 

opportunity directors and other folks at the Federal agencies, a lot 

of the fixes that will help the Federal Government become a better 

employer really can only be done at OPM. 

Senator AKAKA. This is my final question before I ask Senator 

Voinovich for his final questions as well. 

Coming from the EEOC, I am sure that you will be spending a 

significant portion of time studying to get up to speed on many aspects of Federal personnel policy and the workings of OPM. As you 

approach these new topics, what will be your guiding principles in 

making policy decisions? 

Ms. GRIFFIN. I think as I go through that process, I would spend 

a lot of time listening to the career folks who have been involved 

in various aspects of the work at OPM, but my guiding principle 

would always be what is best for the Federal employee because I 

think that is what OPM should be focusing on. 

How do we make this the best working environment for the Federal employee? As we look at policy and changes that we make to 

the personnel system, the health benefits, retirement, you name it, 

what is really best for them? 

What is going to give us the best motivated employees and the 

most talented employees and from the most diverse population so 

that we actually have a government that reflects the society that 

we are serving? That would be my guiding principle. 

Senator AKAKA. Thank you very much. 

Ms. GRIFFIN. Thank you. 

Senator AKAKA. Senator Voinovich. 

Senator VOINOVICH. The last one, and I forgot to ask this question, is you know I have sponsored legislation to require agencies 

to develop rigorous performance management systems so people 

know where they stand. 

And a provision of that says that if there is an unacceptable performance appraisal, then that individual does not get an automatic 

pay increase. The latter provision would impact less than 3 percent 

of the 1.8 million employees that we have, who, quite frankly, could 


ph44585 on D330-44585-7600 with DISTILLER
17 

lower morale for the overwhelming majority of the other people 

who are in the departments. 

I have received bitter complaints from people who have left the 

Federal Government. They just said: Forget it. I have worked my 

butt off. Why do it? 

I am encouraged by the President’s focus on improving government performance, and I asked you to look at this legislation. I 

would like to know what your opinion of it is. 

Ms. GRIFFIN. I think it goes back to the supervisor training. I 

think when you put someone in a position where they are supervising someone, they should know how to do it and how to supervise someone and know what the parameters are for doing that. So, 

if someone is not doing their job, there has to be a way to deal with 

that. 

We see a lot of times that it is easier to just give someone an 

acceptable performance appraisal because otherwise it is a little 

more paperwork and the person may file a complaint. But we are 

not doing anyone any favors by allowing those people to not do 

their job. 

And you are right. If you have a whole group of people not working, it does destroy the morale of everybody else. 

Whether it is the General Schedule (GS) system that we have or 

something else in the future, there always should be a mechanism 

for rewarding the performers and dealing with the people who do 

not perform, and I think it currently exists in the GS system, although it probably is not used appropriately. 

I really do think it goes back to picking people who are good 

managers to be supervisors. 

Senator VOINOVICH. That is interesting because I think that I am 

going to ask my staff to look at that, and the reason why I am acknowledging that is that I recall when I became Mayor of the City 

of Cleveland, people complained that they had people working for 

them who were not performing and there was nothing they could 

do about it. 

Ms. GRIFFIN. Yes. 

Senator VOINOVICH. I asked them to go back and look at the procedure. After they reviewed it, and we had some training, it was 

interesting that they were able through the system that existed to 

get at the folks who were kind of thumbing their nose at the system. And we were able to be a lot more successful. 

Ms. GRIFFIN. Yes, I agree with you. 

Senator VOINOVICH. I think that is interesting to look at, just 

what is available now and find out whether or not what is out 

there is actually being used. And then if it is not being used, then 

why not? 

Ms. GRIFFIN. Right. I agree with you. I think systems always 

have a way for you to deal with someone who is not doing their 

job and is not performing. 

And there is sometimes this perception problem, as you said. 

Someone will say, well, we cannot get rid of them. Of course, you 

can. That does not even make sense to think that you could have 

someone who does not do his job and you just have to tolerate that 

and let him not do his job. There is always a way to deal with it, 


ph44585 on D330-44585-7600 with DISTILLER
18 

and it may be a process that you have to follow, but you follow that 

process. 

At the end of the day, if you are doing it right and you can document that this person was not doing his job, there has to be a way 

to deal with that, whether it is through progressive discipline, all 

the way to termination. But there is a way. 

Senator VOINOVICH. I would also like to mention that we are just 

talking about one aspect of this, but for the record, I want everyone 

to understand that I think that overall the people who work for the 

Federal Government are doing an outstanding job. 

Ms. GRIFFIN. I agree. 

Senator VOINOVICH. Thank you. 

Ms. GRIFFIN. Yes, it is always a very small percentage, to be honest with you, and I think people are afraid of people filing complaints. But when we look at the numbers, people who file complaints are also about 1 percent of the whole Federal workforce. 

Senator VOINOVICH. Thank you. 

Ms. GRIFFIN. Thank you. 

Senator AKAKA. Thank you very much, Senator Voinovich. 

You can see why we have been able to do as much as we have 

done, and there is so much more to do. Senator Voinovich’s experience is a great asset to this Committee, and I really love it when 

I hear him say, when I was a mayor, or when I was a governor, 

bringing those personal experiences back and posing the problems 

that he had then. It helps to answer some of our problems here, 

but we have so much more left to do. 

But we are making progress, and we are really looking forward 

to working with you. 

I do not have any further questions, but there may be others on 

the Committee who have questions. The hearing record will remain 

open until the close of business Friday for Members of this Committee to submit additional statements or questions. 

Again, I want to thank you so much for being here. It is good 

to have met your family and your friends and your supporters. It 

is my hope that the Committee will vote in the near future and 

that your nomination will be considered soon by the full Senate. 

With that, this hearing is adjourned. 

Ms. GRIFFIN. Thank you very much. Thank you both. 

Senator AKAKA. We will reconvene immediately for Mr. Nash. 

[Recess.] 

Senator AKAKA. Thank you very much for being here. 

This hearing will come to order. I want to welcome you all to the 

second part of today’s proceedings as the Committee on Homeland 

Security and Governmental Affairs considers the nomination of 

Stuart Nash to be an Associate Judge of the District of Columbia 

Superior Court. 

I want to extend a special welcome to Mr. Nash and to his lovely 

family and friends. Mr. Nash is the most recent nominee in a series 

of well-qualified candidates for D.C. judgeships referred to this 

Committee. I am pleased to hold this hearing today and am confident that, if confirmed, Mr. Nash will join others who have appeared before us in making valuable contributions to the D.C. court 

system. 


ph44585 on D330-44585-7600 with DISTILLER
19 

1The prepared statement of Mr. Nash appears in the Appendix on page 86. 

Mr. Nash has a strong legal background and currently is an Associate Deputy Attorney General and Director of the Organized 

Crime and Drug Enforcement Task Forces. Before heading the Department of Justice (DOJ) task forces, he spent many years practicing criminal law as an Assistant U.S. Attorney for the District 

of Columbia, spending one of those years as a detailee to the Senate Judiciary Committee. 

I believe Mr. Nash has much to offer the D.C. Superior Court 

and hope we can quickly act to confirm him. 

I now turn to my good friend, Senator Voinovich, for his opening 

statement. 

Senator VOINOVICH. Mr. Chairman, I have no opening statement. 

Senator AKAKA. Thank you, Senator Voinovich. 

The nominee has filed responses to a biographical and financial 

questionnaire submitted by the Committee. Without objection, this 

information will be made a part of the record with the exception 

of the financial data, which will be kept on file and made available 

for public inspection in the Committee offices. 

Our Committee rules require that all witnesses at nomination 

hearings give their testimony under oath. Therefore, at this time, 

I ask you to please stand and raise your right hand to take the 

oath. 

Do you solemnly swear that the testimony you are about to give 

this Committee is the truth, the whole truth, and nothing but the 

truth, so help you, God? 

Mr. NASH. I do. 

Senator AKAKA. Thank you. Let the record note that the witness 

responded in the affirmative. 

Mr. Nash, I understand you have friends here today with you. 

We have met your lovely family as well. I would like to give you 

an opportunity to introduce your family and friends before we proceed with your statement. 

Mr. NASH. Thank you very much, Senator Akaka. 

I have with me my wife, Mary; my eldest son, William; my middle son, Christopher; and my youngest daughter, Loretta. My father, Gordon, is seated right behind them. And I have a number 

of colleagues from different portions of my professional career who 

are here in support. I will not take the time to introduce them all 

individually, but thank you for the opportunity. 

Senator AKAKA. Thank you. It is wonderful to see your loved 

ones here supporting you, and I am sure they are proud of all you 

have accomplished. It was interesting to hear about your background prior to this hearing. 

Mr. Nash, will you please proceed with your statement? 

TESTIMONY OF STUART G. NASH1 TO BE AN ASSOCIATE 

JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Mr. NASH. Thank you very much, Mr. Chairman and Senator 

Voinovich. I am honored to appear before you today to have you 

consider my qualifications for a position as an Associate Judge on 

the D.C. Superior Court. 


ph44585 on D330-44585-7600 with DISTILLER
20 

I have introduced my family who are here with me today, and 

there are a number of people who I do need to thank. But first and 

foremost, I would like to express my appreciation to my family who 

have nourished me for so many years, both emotionally and intellectually, and have made such substantial sacrifices to allow me to 

pursue a career in public service. 

As I had mentioned, there are a number of people here in the 

gallery who have been important role models and colleagues at different stages of my professional career, and while I will not take 

the time to acknowledge them individually, I would like to express 

my appreciation to them for being here today and also for sharing 

their wisdom, their integrity, and their good counsel with me on so 

many different occasions in the past. 

I would like to thank the members of the D.C. Judicial Nomination Commission for recommending me to the White House and 

President Barack Obama for nominating me. 

Finally, I would like to thank this Committee for acting on my 

nomination in such a thorough and timely fashion. Throughout the 

vetting process, the staff of this Committee has treated me with 

the utmost professionalism and courtesy, for which I would like to 

express my appreciation. 

I feel extraordinarily blessed to be under consideration for a position as a judge in this city that I love so well. 

I was born in New York City and raised in northern New Jersey 

where I attended the public schools. I received by bachelor’s degree 

from Duke University and my law degree from Harvard Law 

School. I gained great respect for the judicial vocation while clerking for two exceptional jurists, Chief Judge Sam Ervin of the U.S. 

Court of Appeals for the Fourth Circuit and Judge T.S. Ellis of the 

Federal District Court in the Eastern District of Virginia. 

I worked as a defense attorney for 3 years at the law firm of Williams and Connolly here in the District of Columbia and then for 

over 8 years as an Assistant U.S. Attorney here in D.C. In both capacities, I had extensive contact with the D.C. Superior Court, and 

I came to appreciate the great capacity that exists for dedicated 

judges on that court to improve the lives of our fellow citizens by 

presiding over cases fairly, impartially, and with respect for the 

dignity of the litigants. 

For the last 4 years, I have served in the Office of the Deputy 

Attorney General for the United States as an Associate Deputy Attorney General directing a nationwide task force that targets the 

most powerful international drug cartels. 

As rewarding as it has been to tackle issues with national and 

international repercussions, I have never lost my love for the place 

where I first learned the practice of law—D.C. Superior Court. 

More often than not, our fellow citizens’ interactions with D.C. Superior Court come at a time of crisis in their lives. At that particular moment, there is nothing more important to them than the 

outcome of their cases. In light of that, there is an opportunity for 

a dedicated public servant to affect people’s lives for the better in 

a way that is without parallel anywhere else in government. It is 

truly where the ‘‘rubber meets the road.’’ 


ph44585 on D330-44585-7600 with DISTILLER
21 

1The testimony of Hon. Eleanor Holmes Norton introducing Stuart Nash appears on page 6. 

I am honored to be considered for this position, and I look forward to answering any questions the Committee might have about 

my qualifications. Thank you. 

Senator AKAKA. Thank you. I will begin with the standard questions this Committee asks all nominees and would like you to answer each question. 

Is there anything you are aware of in your background that 

might present a conflict of interest with the duties of the office to 

which you have been nominated? 

Mr. NASH. No, there is not. 

Senator AKAKA. 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. NASH. No. 

Senator AKAKA. Do you agree without reservation to respond to 

any reasonable summons to appear and testify before any duly constituted committee of Congress if you are confirmed? 

Mr. NASH. I do. 

Senator AKAKA. Thank you very much for those responses. 

Before I begin with my questions, I would like to say for the 

record that the comments of Delegate Eleanor Holmes Norton in 

support of Mr. Nash appear earlier in the hearing record.1

Senator AKAKA. Mr. Nash, you spent many years in private practice and public service, including the last 5 years as an Associate 

Deputy Attorney General at the Department of Justice. Why did 

you seek this nomination and what contributions do you hope to 

make if confirmed? 

Mr. NASH. Senator, as I pointed out in my opening remarks, I 

do feel that the D.C. Superior Court provides a very tangible way 

to give back to the community, that the rights that are adjudicated 

in that court are of the utmost importance to the citizens of this 

city, and at that particular instant there is nothing more important 

to the people of the city than the case that they are embroiled with. 

Because of that, I think there really is an opportunity to affect people’s lives for the better. 

I am in an environment right now where I deal with national 

and international issues, and as a result, my efforts are diffused 

across a very wide swath of the public. I really looked forward to 

going back to a situation where my efforts are focused and tangible 

and I can improve people’s lives more on a one-by-one basis. 

Senator AKAKA. As with many courts, D.C. Superior Court judges 

must manage heavy caseloads. It sometimes can be difficult to 

strike the balance between moving one’s docket and judiciously reviewing the merits of a case. Please discuss how you plan to find 

that balance as an Associate Judge. 

Mr. NASH. Senator Akaka, I practiced in the D.C. Superior 

Court, and I am aware of the pressures. I think I thrived in that 

environment, the first brush I had with it, as a practicing lawyer 

both on the defense side and as a prosecutor. It does require working long hours, working hard, and putting in a maximum effort because you are absolutely right, the caseload in the D.C. Superior 


ph44585 on D330-44585-7600 with DISTILLER
22 

Court is a crushing caseload and the judges work very hard. So I 

am going in with my eyes open, knowing that this is not a job for 

the faint-hearted. 

I do think that it is important to move cases quickly. It is a cliche that justice delayed is justice denied, but it is no less true for 

the fact that it is a cliche. And so, I think there is a premium on 

moving cases quickly and doing it in a way that is both economical 

in terms of time but also fair and thorough, and that is the balance 

that I hope to strike. 

Senator AKAKA. Thank you. Mr. Nash, your practice in the private and public sectors focused heavily on criminal law. You spent 

many years prosecuting criminals who violated Federal law, and 

currently you lead the DOJ Organized Crime and Drug Enforcement Task Forces. 

How will you handle the challenges of overseeing civil cases as 

a judge and what steps will you take to familiarize yourself with 

civil law and procedure? 

Mr. NASH. Before I joined the U.S. Attorney’s Office, I did have 

a substantial opportunity to practice civil law in private practice. 

And currently, in addition to leading the Organized Crime and 

Drug Enforcement Task Forces, in my capacity as an Associate 

Deputy Attorney General, I also have stewardship over a range of 

issues related to money-laundering and asset forfeiture, and the 

asset forfeiture in particular has a substantial civil component. So 

my current job has caused me to reeducate myself regarding civil 

law as well as criminal law. 

So I do feel like I have a relatively strong background in civil 

law, but there is no question that the bulk of my experience over 

the last decade has been criminal law. I actually look forward to 

an opportunity to experience the variety of dockets in Superior 

Court and to have both criminal responsibilities and civil responsibilities. I know the D.C. Superior Court has first-rate training opportunities, and I certainly will take full advantage of that and go 

in there with every expectation of learning the area of law to which 

I am assigned. 

Senator AKAKA. Mr. Nash, as you know from your experience as 

an Assistant U.S. Attorney, courtrooms can sometimes be emotionally charged places, especially when people feel they have been 

wronged either by government or by any person. What steps will 

you take to maintain a courtroom environment in which all parties 

feel their views are considered? 

Mr. NASH. I do think that is one of the most important aspects 

of the judicial demeanor, and what I hope to bring to the bench is 

the understanding that this is a competitive process. There generally are winners and losers in the litigation process, and you cannot paper over the fact that some people leave the courtroom as 

winners but other people leave as losers. 

I think with the judges that I have seen and most respected in 

my practice all of the litigants, both the winners and losers, leave 

with the impression that their case was fairly heard, that their arguments were listened to, that the judge took the time to reflect 

on their arguments and treated them with dignity, and that is the 

way I expect to model myself when I take the bench. I absolutely 

want every litigant who appears before me to fully recognize that 


ph44585 on D330-44585-7600 with DISTILLER
23 

I have listened to their arguments and done so in an open-minded 

fashion and without any preconceived notion as to who the winner 

in the litigation should be. 

Senator AKAKA. Thank you. I have a final question that I will 

hold until after Senator Voinovich is through with his questions. 

Senator Voinovich. 

Senator VOINOVICH. Obviously, you are qualified for the job, Mr. 

Nash. You have practiced law for a long time. What were the characteristics of the judges that you have had to deal with that you 

would like to emulate and that you would not want to emulate? I 

have seen people who have almost changed personalities once they 

got on the bench. 

Mr. NASH. I think that is right, Senator. We have all seen our 

colleagues. Sometimes it is the person that you least expect who 

will don the robes and suddenly take on a very dictatorial demeanor from the bench. 

Frankly, the trait that I find most effective and most appealing 

in a judge is humility. Whether the judge wants to admit it or not, 

it is always the case that the two litigants who are appearing before him or her know more about the case than the judge does at 

the start of the case. Judges, oftentimes I have seen, will get themselves in trouble by projecting that they know the most of anyone 

in the room, that they are the smartest person in the room and 

know more about the facts than the litigants do. 

And so, the humility to sit on the bench and learn from the litigants in a true fashion, learn about the facts of the case and make 

sure that you have a full fact set before rendering your decision, 

I think, is the trait that we all like to see from judges. I think the 

personality trait that makes that most likely to occur is humility, 

and I do think that I bring that to the bench. 

Senator VOINOVICH. Senator Akaka, that is all I am going to ask. 

Senator AKAKA. Well, thank you very much, Senator Voinovich. 

Mr. Nash, as a judge, it will be important to work effectively 

with different personalities and people who will not always agree 

with your decisions or with each other. I was glad to hear you say 

something about humility. How would you describe your temperament and style of resolving conflicts? 

Mr. NASH. I do think that one of my great formative experiences 

in life was the time that I was trying cases in Superior Court. We 

touched already on the fact that it is a pressure-packed environment, often a chaotic environment. There were instances when I 

felt like my work was done for the day, I was on my way back to 

the office, and someone would hand me a file and say, go try this 

case right now in that courtroom. And so, I did very early in my 

legal career learn to roll with the punches, think on my feet, and 

respond to unexpected developments in a productive fashion. 

I think having had that experience has been invaluable, and it 

has become part of who I am as a lawyer. I do think that I am able 

to maintain a calm demeanor, an unflappable demeanor in the face 

of pressure, in the face of unexpected developments. I think, again, 

that this is a trait that I would cite as one that is beneficial for 

a judge to have, and I think that I will be a fair, impartial, and 

calm judge no matter what is thrown at me. 


ph44585 on D330-44585-7600 with DISTILLER
24 

Senator AKAKA. Thank you very much for those closing remarks. 

I want to thank you and thank all of those who are here to support 

you. 

There may be additional questions for the record, which we will 

submit to you in writing. The hearing record will remain open until 

the close of business tomorrow for Members of this Committee to 

submit additional statements or questions. 

And I want to thank you very much, Mr. Nash, for being here 

and for all of your responses. I am pleased to be able to hold a 

hearing for such well-qualified nominees as you and Ms. Griffin, 

and it is my hope that the Committee will soon vote and that your 

nominations will be considered by the full Senate very shortly. 

Again, I want to thank Mary, your wife, and also William, Chris, 

and Loretta, and of course, Gordon, your dad, for being here, as 

well as others who are here too. Thank you all for coming to support Mr. Nash. 

This hearing is adjourned. 

[Whereupon, at 11:50 a.m., the Committee was adjourned.] 


ph44585 on D330-44585-7600 with DISTILLER
(25) 

A P P E N D I X 


ph44585 on D330-44585-7600 with DISTILLER53112.001
26 


ph44585 on D330-44585-7600 with DISTILLER53112.002
27 


ph44585 on D330-44585-7600 with DISTILLER53112.003
28 


ph44585 on D330-44585-7600 with DISTILLER53112.004
29 


ph44585 on D330-44585-7600 with DISTILLER53112.005
30 


ph44585 on D330-44585-7600 with DISTILLER53112.006
31 


ph44585 on D330-44585-7600 with DISTILLER53112.007
32 


ph44585 on D330-44585-7600 with DISTILLER53112.008
33 


ph44585 on D330-44585-7600 with DISTILLER53112.009
34 


ph44585 on D330-44585-7600 with DISTILLER53112.010
35 


ph44585 on D330-44585-7600 with DISTILLER53112.011
36 


ph44585 on D330-44585-7600 with DISTILLER53112.012
37 


ph44585 on D330-44585-7600 with DISTILLER53112.013
38 


ph44585 on D330-44585-7600 with DISTILLER53112.014
39 


ph44585 on D330-44585-7600 with DISTILLER53112.015
40 


ph44585 on D330-44585-7600 with DISTILLER53112.016
41 


ph44585 on D330-44585-7600 with DISTILLER53112.017
42 


ph44585 on D330-44585-7600 with DISTILLER53112.018
43 


ph44585 on D330-44585-7600 with DISTILLER53112.019
44 


ph44585 on D330-44585-7600 with DISTILLER53112.020
45 


ph44585 on D330-44585-7600 with DISTILLER53112.021
46 


ph44585 on D330-44585-7600 with DISTILLER53112.022
47 


ph44585 on D330-44585-7600 with DISTILLER53112.023
48 


ph44585 on D330-44585-7600 with DISTILLER53112.024
49 


ph44585 on D330-44585-7600 with DISTILLER53112.025
50 


ph44585 on D330-44585-7600 with DISTILLER53112.026
51 


ph44585 on D330-44585-7600 with DISTILLER53112.027
52 


ph44585 on D330-44585-7600 with DISTILLER53112.028
53 


ph44585 on D330-44585-7600 with DISTILLER53112.029
54 


ph44585 on D330-44585-7600 with DISTILLER53112.030
55 


ph44585 on D330-44585-7600 with DISTILLER53112.031
56 


ph44585 on D330-44585-7600 with DISTILLER53112.032
57 


ph44585 on D330-44585-7600 with DISTILLER53112.033
58 


ph44585 on D330-44585-7600 with DISTILLER53112.034
59 


ph44585 on D330-44585-7600 with DISTILLER53112.035
60 


ph44585 on D330-44585-7600 with DISTILLER53112.036
61 


ph44585 on D330-44585-7600 with DISTILLER53112.037
62 


ph44585 on D330-44585-7600 with DISTILLER53112.038
63 


ph44585 on D330-44585-7600 with DISTILLER53112.039
64 


ph44585 on D330-44585-7600 with DISTILLER53112.040
65 


ph44585 on D330-44585-7600 with DISTILLER53112.041
66 


ph44585 on D330-44585-7600 with DISTILLER53112.042
67 


ph44585 on D330-44585-7600 with DISTILLER53112.043
68 


ph44585 on D330-44585-7600 with DISTILLER53112.044
69 


ph44585 on D330-44585-7600 with DISTILLER53112.045
70 


ph44585 on D330-44585-7600 with DISTILLER53112.046
71 


ph44585 on D330-44585-7600 with DISTILLER53112.047
72 


ph44585 on D330-44585-7600 with DISTILLER53112.048
73 


ph44585 on D330-44585-7600 with DISTILLER53112.049
74 


ph44585 on D330-44585-7600 with DISTILLER53112.050
75 


ph44585 on D330-44585-7600 with DISTILLER53112.051
76 


ph44585 on D330-44585-7600 with DISTILLER53112.052
77 


ph44585 on D330-44585-7600 with DISTILLER53112.053
78 


ph44585 on D330-44585-7600 with DISTILLER53112.054
79 


ph44585 on D330-44585-7600 with DISTILLER53112.055
80 


ph44585 on D330-44585-7600 with DISTILLER53112.056
81 


ph44585 on D330-44585-7600 with DISTILLER53112.057
82 


ph44585 on D330-44585-7600 with DISTILLER53112.058
83 


ph44585 on D330-44585-7600 with DISTILLER53112.059
84 


ph44585 on D330-44585-7600 with DISTILLER53112.060
85 


ph44585 on D330-44585-7600 with DISTILLER53112.061
86 


ph44585 on D330-44585-7600 with DISTILLER53112.062
87 


ph44585 on D330-44585-7600 with DISTILLER53112.063
88 


ph44585 on D330-44585-7600 with DISTILLER53112.064
89 


ph44585 on D330-44585-7600 with DISTILLER53112.065
90 


ph44585 on D330-44585-7600 with DISTILLER53112.066
91 


ph44585 on D330-44585-7600 with DISTILLER53112.067
92 


ph44585 on D330-44585-7600 with DISTILLER53112.068
93 


ph44585 on D330-44585-7600 with DISTILLER53112.069
94 


ph44585 on D330-44585-7600 with DISTILLER53112.070
95 


ph44585 on D330-44585-7600 with DISTILLER53112.071
96 


ph44585 on D330-44585-7600 with DISTILLER53112.072
97 


ph44585 on D330-44585-7600 with DISTILLER53112.073
98 


ph44585 on D330-44585-7600 with DISTILLER53112.074
99 


ph44585 on D330-44585-7600 with DISTILLER53112.075
100 


ph44585 on D330-44585-7600 with DISTILLER53112.076
101 


ph44585 on D330-44585-7600 with DISTILLER53112.077
102 


ph44585 on D330-44585-7600 with DISTILLER53112.078
103 


ph44585 on D330-44585-7600 with DISTILLER53112.079
104 

Æ 


ph44585 on D330-44585-7600 with DISTILLER53112.080