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NOMINATIONS OF DAVID F. HEYMAN, MARISA 

J. DEMEO, AND FLORENCE Y. PAN 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

OF THE

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF DAVID F. HEYMAN TO BE ASSISTANT SECRETARY, 

U.S. DEPARTMENT OF HOMELAND SECURITY, MARISA J. DEMEO TO 

BE ASSOCIATE JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, AND FLORENCE Y. PAN TO BE ASSOCIATE JUDGE, SUPERIOR 

COURT OF THE DISTRICT OF COLUMBIA 

MAY 13, 2009 

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

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 


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(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 

CHRISTIAN J. BECKNER, Professional Staff Member 

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 

ROBERT L. STRAYER, Minority Director for Homeland Security Affairs 

JENNIFER L. TARR, Minority Counsel 

TARA L. SHAW, Minority 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 


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C O N T E N T S 

Opening statements: Page 

Senator Lieberman ........................................................................................... 1 

Senator Collins ................................................................................................. 2 

Senator Akaka .................................................................................................. 13 

Prepared statements: 

Senator Lieberman ........................................................................................... 23 

Senator Collins ................................................................................................. 24 

Senator Voinovich ............................................................................................. 24 

WITNESSES 

WEDNESDAY, MAY 13, 2009 

Admiral James M. Loy, U.S. Coast Guard (Retired) ............................................ 3 

David F. Heyman to be Assistant Secretary, U.S. Department of Homeland 

Security ................................................................................................................. 5 

Hon. Jeff Bingaman, a U.S. Senator from the State of New Mexico ................... 13 

Hon. Charles A. Gonzalez, a Representative in Congress from the State 

of Texas ................................................................................................................. 14 

Marisa J. Demeo to be Associate Judge, Superior Court of the District of 

Columbia ............................................................................................................... 17 

Florence Y. Pan to be Associate Judge, Superior Court of the District of 

Columbia ............................................................................................................... 18 

ALPHABETICAL LIST OF WITNESSES

Bingaman, Hon. Jeff: 

Testimony .......................................................................................................... 13 

Demeo, Marisa J.: 

Testimony .......................................................................................................... 17 

Prepared statement .......................................................................................... 144 

Biographical and financial information .......................................................... 145 

Responses to post-hearing questions for the Record from Senator Coburn . 166 

Gonzalez, Hon. Charles A.: 

Testimony .......................................................................................................... 14 

Heyman, David F.: 

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

Prepared statement .......................................................................................... 26 

Letters of support ............................................................................................. 31 

Biographical and financial information .......................................................... 34 

Responses to pre-hearing questions ................................................................ 53 

Letter from the Office of Government Ethics ................................................. 140 

Responses to post-hearing questions for the Record from Senator Akaka .. 141 

Loy, Admiral James M.: 

Testimony .......................................................................................................... 3 

Pan, Florence Y.: 

Testimony .......................................................................................................... 18 

Prepared statement .......................................................................................... 168 

Biographical and financial information .......................................................... 169 


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NOMINATIONS OF DAVID F. HEYMAN, MARISA 

J. DEMEO, AND FLORENCE Y. PAN 

WEDNESDAY, MAY 13, 2009 

U.S. SENATE, COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:37 p.m., in room 

SD–342, Dirksen Senate Office Building, Hon. Joseph I. Lieberman, Chairman of the Committee, presiding. 

Present: Senators Lieberman, Akaka, and Collins. 

OPENING STATEMENT OF CHAIRMAN LIEBERMAN 

Chairman LIEBERMAN. The hearing will now come to order. Good 

afternoon. 

Today the Committee will consider the nominations of three individuals: David Heyman to be Assistant Secretary of Homeland Security; and then in part two of this hearing, Senator Akaka will 

Chair to hear the nominations of Marisa Demeo and Florence Pan 

to be Associate Judges on the D.C. Superior Court. 

Let us begin with our first nominee, David Heyman, who has 

been nominated by President Obama to serve as Assistant Secretary at the Department of Homeland Security (DHS) in charge of 

the Department’s Office of Policy, an important office. Mr. Heyman 

has a deep and in some ways unique background in the area of 

homeland security policy. Currently a senior fellow at the Center 

for Strategic and International Studies (CSIS), he has led the center’s homeland security program since 2003. While at CSIS, he has 

authored studies on a range of topics, including the roles and missions of DHS, biosecurity, general aviation security, and the balance between science and security. Prior to joining CSIS, Mr. 

Heyman worked in the Clinton Administration as a senior policy 

adviser at the Department of Energy and at the White House Office of Science and Technology Policy. 

What is the Office of Policy? It plays a significant role within the 

Department, serving as the lead office for the development and coordination of department-wide policy. When this office was established by former Secretary Chertoff in 2005, he proposed that it be 

headed by an Under Secretary. In the last two Congresses, in fact, 

Senator Collins and I have sponsored legislation that included this 

proposal, and I still support the elevation of this position and hope 

to take up legislation that attempts to do so again this year. 

Mr. Heyman, if you are confirmed, you will face several notable 

challenges in the coming months and years. First, the Department 


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is required by law, as you well know, to carry out and publish the 

Quadrennial Homeland Security Review and report to Congress on 

the results by the end of this year. The Committee stands ready 

to work with you and the Administration to implement the results 

of this review, including through authorizing legislation for the Department. 

Second, you are going to be faced with the challenge of policy coordination within the Department. Many of the operating components have their own policy offices, and responsibility for policy in 

areas such as cyber security and information sharing has been ambiguous at times. So we hope that you will be able to make it less 

ambiguous. 

Third, the Office of Policy has begun to play a greater role in the 

acquisition review process and is responsible for establishing strategic high-level requirements that can inform acquisition decisions. 

That is very important. 

And fourth, the Office of Policy has played an important role in 

coordinating our policy related to border security and terrorist travel in recent years and is responsible for ensuring that all DHS efforts in this arena are risk-based and results-driven. 

Obviously, the current southwest border threat requires a strategic response that targets all of the Department’s formidable law 

enforcement resources, and the Office of Policy, which you have 

been nominated to lead, should have a significant role to play outlining policy options for the Secretary in the fight alongside our 

Mexican allies against the Mexican drug cartels. 

So there is a lot awaiting you. You bring extraordinary qualifications to this office. I appreciate that you have been willing to serve 

the public, and I look forward to the question-and-answer period. 

Senator Collins. 

OPENING STATEMENT OF SENATOR COLLINS 

Senator COLLINS. Thank you, Mr. Chairman. 

Mr. Chairman, often in this room we talk about the partnership 

between the Department of Homeland Security and our first responders, and in that regard, I am very pleased to note lurking in 

the back of the room members of the Maine Association of Police, 

who are here this week as part of the law enforcement groups that 

have gathered in our city. So having spotted some of my constituents in the back of the room, I want to welcome them to Washington and to this hearing. 

I also join the Chairman in welcoming David Heyman as the 

nominee to be the Assistant Secretary for Policy at the Department 

of Homeland Security. The Department’s Policy Office is tasked 

with developing a comprehensive approach to policy and planning 

for the Department and with bringing the various components of 

DHS, as well as its State, local, and private sector partners, together under a unified vision. 

As Assistant Secretary for Policy, Mr. Heyman, if confirmed, 

would be directly responsible for establishing priorities and for seeing that they are implemented on a wide range of homeland security issues. The Policy Office is now coordinating the Department’s 

Quadrennial Homeland Security Review that we look forward to 

seeing once it is completed in December. 


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In addition, as the Chairman has mentioned, the Policy Office 

has many other responsibilities, including reviewing the continued 

participation of countries in the Visa Waiver Program and ensuring 

the implementation of the enhancements to the security of that 

program that were included in the 2007 homeland security law 

which was authored by this Committee. 

The Policy Office has already made significant strides in facilitating the conclusion of agreements with nations in the European 

Union to provide passenger name records on individuals traveling 

to our country. Having this information will help identify individuals who may pose a threat to the United States before they arrive 

at our borders. I look forward to hearing how this program would 

be strengthened by the nominee. 

I also look forward to hearing his views on how we should reauthorize two important laws that I co-authored, which will expire 

this year. One is the SAFE Port Act, and the other is the chemical 

facility security law. In addition, both the Chairman and I have 

spent a great deal of time focusing on how the Department should 

address the growing cyber security threats. 

In other words, this position has a wide range of responsibilities, 

and it is one of the most important in the Department. Mr. 

Heyman has a wealth of experience on homeland security policy 

issues from serving in positions both inside and outside of government, most recently as the Director of the Homeland Security Program at the Center for Strategic and International Studies. 

I would also note that I see that the nominee is in very good 

company with Admiral Loy, here to introduce him today, so that 

certainly speaks well for him. 

Thank you, Mr. Chairman. 

Chairman LIEBERMAN. Thanks, Senator Collins. 

Admiral Loy, it is an honor to have you with us. You have served 

our country for a long time with extraordinary honor and effect, 

previously Deputy Secretary at Homeland Security, I guess the 

first person to head TSA, right? 

Admiral LOY. Yes, sir. 

Chairman LIEBERMAN. And before that, great service in the 

Coast Guard. So it does really speak well of the nominee that you 

would take time out of your busy schedule. Senator Collins probably knows better than anyone else in the room how difficult it is 

to work with Bill Cohen. [Laughter.] 

Admiral LOY. Or for Bill Cohen. 

Chairman LIEBERMAN. Actually, he is a dear friend and a wonderful guy. So please proceed with your introduction. 

TESTIMONY OF ADMIRAL JAMES M. LOY, U.S. COAST GUARD 

(RETIRED) 

Admiral LOY. Thank you, Mr. Chairman. Thank you, Senator 

Collins. It gives me great personal pleasure to introduce David 

Heyman, the President’s nominee for the position of Assistant Secretary for Policy at DHS, and I would be remiss if I failed to express my personal thanks to the Committee for the diligent support 

offered to me and to Secretary Ridge back in the early days of the 

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proaching the eighth anniversary of that fateful day in September 

2001. 

Let me offer a thought or two, Mr. Chairman, if I may, as to why 

I believe David Heyman will serve our Nation well, if confirmed. 

First is his extraordinary personal background of service, which 

you have mentioned already, over 20 years of experience in business and government and non-governmental organizations, all focused on what has become this extraordinary menu at DHS, which 

Senator Collins mentioned. He has studied deeply, he has written 

convincingly, and he has spoken decisively and often about topics 

ranging from aviation security to bioterrorism, from the Department’s organization to preparedness as a discipline of consequence 

for all levels of government in our country and for each of us as 

citizens as well. 

He has lived and worked abroad in places like Russia and the 

Middle East, and he brings a personal reflection of these other citizens of the world with whom we must collaborate to solve so many 

of the complex challenges that we have facing us today. 

I have spent weekends with Mr. Heyman at conferences and 

work sessions where very complex topics were studied to try to find 

better ways to serve our country, especially as we continue to learn 

about and understand the true scope of challenges of the post-September 11, 2001, security environment. I have read many of his 

published works, and they reflect the depth of research and the 

clarity of thought that I believe are very necessary to consider and 

design policy concepts and then counsel the Secretary and the 

President. 

On a personal level, I admire Mr. Heyman’s even-handed perseverance. He is a very good listener and one of those people who 

waits patiently, forming judgments, and then offers cogent, 

thoughtful comment. In many sessions with him, I found myself 

just sort of waiting to see what Mr. Heyman said about whatever 

the topic was that we were discussing or that was on the table, and 

then often I was very glad that I had waited. 

He loves this country. He has worked selflessly in its employ in 

the past, and we are quite fortunate to find Americans of his caliber willing to step up again and serve. I am honored to introduce 

David Heyman for your consideration and recommend strongly you 

provide the Senate’s consent to his nomination and confirm him as 

the next Assistant Secretary for Policy at DHS. 

Thank you, Mr. Chairman. 

Chairman LIEBERMAN. Thank you, Admiral Loy. That was an excellent statement, which means a lot to the Committee. Let me say 

to you that we appreciate the time you took to be here. Obviously, 

if you have the time to stay, you are more than welcome. If not, 

we will understand completely. 

Admiral LOY. I will leave the table to the witness. 

Chairman LIEBERMAN. Thank you. 

Admiral LOY. Thank you so much. 

Chairman LIEBERMAN. David Heyman has filed responses to a biographical and financial questionnaire, answered pre-hearing questions submitted by the Committee, and has had his financial statements reviewed by the Office of Government Ethics. Without objection, this information will be made part of the hearing record with 


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1The prepared statement of Mr. Heyman appears in the Appendix on page 26. 

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 Mr. Heyman, I would 

ask you to please stand and raise your right hand. Do you swear 

that the testimony that you are about to give to this Committee 

will be the truth, the whole truth, and nothing but the truth, so 

help you, God? 

Mr. HEYMAN. I do. 

Chairman LIEBERMAN. Thank you very much. Please be seated. 

We would welcome your statement at this time and any introduction of family or other guests that you have with you. 

TESTIMONY OF DAVID F. HEYMAN 1 TO BE ASSISTANT 

SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY 

Mr. HEYMAN. Thank you, Mr. Chairman, Ranking Member Collins, and Members of the Committee who will be joining us perhaps 

shortly. I am deeply honored by the President’s nomination, Secretary Napolitano’s support, and the opportunity to appear before 

you today. I am also deeply honored to be introduced by Admiral 

Loy, one of America’s finest public servants. 

There are a number of friends and family here with us today 

that I would also like to thank and recognize. Some of them are 

still here. My wife, Victoria, behind me, is an extraordinary professional in her own right, working on international development, taking her to places we care very deeply about—Pakistan, India, and 

North Africa, to name a few. She is my joy and my love and the 

mother of our 8-week-old son, Henry, who has taken leave of this 

Committee. 

Chairman LIEBERMAN. Henry has returned. 

Mr. HEYMAN. He is in the back. Thank you, Wendy. The world 

is brighter, though, with both of them here. 

My parents are also here. They came to Washington in the 

1960s, riding a wave of excitement when President Kennedy was 

elected. My father joined the Alliance for Progress and the State 

Department where he worked for 25 years. Both of my parents 

have devoted their lives to public service, to serving the Nation and 

their community, to strengthening democracy, improving education, 

housing, and to the betterment of lives of youth and seniors in our 

communities. My father used to echo Kennedy’s remarks when I 

was young that public service was an honorable calling. He is right. 

And my parents inspired me to hear that calling. I am glad they 

could both be here today. 

Chairman LIEBERMAN. Welcome. 

Mr. HEYMAN. My brother, my sister-in-law, and my niece Maddy 

are here. I should note Maddy is running for office. It is her first 

elected office that she will be running for. 

Senator COLLINS. As a Republican, I hope. [Laughter.] 

Mr. HEYMAN. I offer advice that you pay attention to the role 

models up here. They have been elected many times. 

Mr. Chairman, Senator Collins, let me also thank you, your fellow Committee Members, and staff for the exceptional leadership 


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that this Committee has provided this Nation in helping to protect 

our country. Whether it is the creation of the Department of Homeland Security or in its reform post-Katrina or the many other acts 

you have worked on, your foresight, vision, and leadership have 

been constant throughout difficult times. 

I came to Washington nearly 15 years ago to work in public policy. Before doing so, I worked in the private sector for nearly a decade as a systems programmer building computer systems, doing 

supply-chain management, for the government and for industry. 

When the Berlin Wall fell, I led my company’s efforts to set up one 

of the first offices in Russia, an effort that unwittingly set me on 

a path to Washington. Whether it was negotiating export controls 

with the State Department, setting up the first Internet link, or 

teaching former communist employees the benefits of merit-based 

pay, I learned of the extraordinary influence of science and technology in national security and international affairs, and I sought 

out ways in which I, too, could help. 

Since then, I have had the privilege and challenge of serving this 

Nation at the highest levels of government you have mentioned in 

your opening remarks, and I thank you for that. 

Many years ago, this Committee recognized that there was disorganization in the Federal Government and sought to organize it 

by bringing together 22 agencies into one Department of Homeland 

Security. In the aftermath of Hurricane Katrina, this Committee 

recognized that the initial goal of bringing all of those disparate 

missions together had not been fully realized. As you, Mr. Chairman, said, I believe, the Secretary lacked a central staff and structure to chart department-wide strategy and policy, which could 

then be carried out in a coordinated way by the many components 

of the Department. As you know, one of the post-Katrina reforms 

was the creation of the Office of Policy. I sit here today recognizing 

that there is still much to do, many of your priorities still to accomplish. In the realm of homeland security, we may face challenges— 

naturally occurring disasters, deliberate attacks—all of these so 

large they require the full capabilities of our Nation. We face a continuing terrorist threat that is both nimble and dynamic. It exploits 

the seams of our society, operating in the gaps between bureaucratic notions of foreign and domestic, State and Federal, civil and 

military. To counter these threats, I believe we must have in place 

a truly national homeland security enterprise—one that is as agile 

and seamless as those who seek to harm us, and as capable and 

responsive as needed to prevent, protect against, and, if needed, 

rapidly recover from all hazards. If I am confirmed, I will work 

every day to meet these challenges and to help develop a national 

culture of preparedness that focuses on building more self-reliant 

communities. 

We must institute a greater real-time situational awareness capacity, which means better information sharing consistent with privacy and civil liberties. We also need to institute a national riskbased planning capability. And we must extend and bolster our capacity at home by working closely with our international partners 

abroad. 

The place to pursue this work is at the Department of Homeland 

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ing one department, one enterprise, with a shared vision and integrated results-based operations to support that mission. I know the 

Secretary is deeply committed to this, and if confirmed, I will support her and the Department in every way I can. 

The struggle against al-Qaeda and other violent extremist 

ideologies is a struggle of ideas. We must in the years ahead, 

through our ideas, our actions, and our example as a Nation, defeat 

and marginalize those who seek us harm. As such, the Department 

of Homeland Security must remain fully committed to its mission 

of keeping America and Americans safe, and we must do so while 

protecting the laws, values, and principles that define this great 

country. 

In this regard, I believe that protecting privacy and civil liberties 

is not only a core American value, not only a constitutional requirement, but it is essential if DHS is to fulfill its mission of engaging 

the public as a partner. I am excited by the prospect of contributing 

to this endeavor, if confirmed. I believe there is no higher constitutional duty nor greater calling than to protect this country and to 

ensure that all Americans can live and thrive in a world free from 

fear and want. 

I am humbled by the tasks before us, but emboldened by those 

I have already met at the Department and throughout the streets 

of America who keep watch over us. I pledge, if confirmed, to work 

with this Committee, our government, and the American people in 

every way I can. And I look forward to your questions. Thank you. 

Chairman LIEBERMAN. Well, thank you, Mr. Heyman. That was 

a very eloquent opening statement. I appreciate it. 

I am going to start my questioning with the standard questions 

that we ask all nominees. There will be three of them. 

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? 

Mr. HEYMAN. No. 

Chairman LIEBERMAN. 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? 

Mr. HEYMAN. No. 

Chairman LIEBERMAN. And, finally, 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. HEYMAN. I do. 

Chairman LIEBERMAN. Thank you. 

Let me ask you first about the Quadrennial Review. If confirmed, 

you will have a significant role to play in that review. It can be a 

very important device for a fresh look at the Department and at 

the government’s responsibilities for homeland security. So I wanted to ask you, if confirmed, what specific steps you will take to ensure that the Quadrennial Homeland Security Review (QHSR) is 

developed in a way that has meaningful impact and really makes 

some tough choices between competing priorities as opposed to just 

being a once over lightly to what exists now. 


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Mr. HEYMAN. Well, thank you, Senator, for the question, and I 

wholeheartedly agree with your assessment. This Quadrennial 

Homeland Security Review, which Congress, gratefully, created as 

a requirement for the Department and for the Nation, is an essential part of the Nation’s ability to take stock of where we are in 

our strategy, in our policies, and in our programs that have been 

created to serve and protect the Nation. My role, if confirmed, at 

the Office of Policy is to oversee the overall effort of that implementation of the QHSR. 

As you know, the Department of Homeland Security has already 

initiated efforts in this regard. The report is due to you at the end 

of this year, and the ability of that office to carry on its responsibilities is critically important in this regard. 

I know that the Secretary and the Deputy Secretary have both 

committed to ensuring its success. I believe the Deputy Secretary 

has testified to you on that account specifically. 

I will work with the Secretary, the Deputy Secretary, and the 

team at the Policy Office and all of the components to ensure that 

we have the most effective and responsive Quadrennial Homeland 

Security Review. It happens to be the first as well. 

Chairman LIEBERMAN. That is correct. Do you have a clear sense 

of who will be in charge of the Quadrennial Review? 

Mr. HEYMAN. The obligation to implement the Quadrennial 

Homeland Security Review will fall directly to my office, if confirmed. But it will be most successful if the senior leadership is 

committed to its completion, and both the Secretary and the Deputy Secretary have made that commitment, and the components as 

well are a part of that process. But it is the responsibility of the 

Office of Policy to make sure that it is successful. 

Chairman LIEBERMAN. Good. Let me ask you the kind of underlying question that we have been dealing with now since September 11, 2001, and that is inherent in a lot of judgments the Department makes, and I will take the pleasure of doing to you what 

the media always does to us, which is to hold us accountable for 

something we once said, in your case in 2004 in a magazine story. 

You said, and this is nothing to be defensive about, ‘‘There is no 

question that we have failed as a country to describe what risk we 

are willing to accept. We need to be able to make judgments about 

what level of risk we are willing to accept, and that is a really 

tough thing to do because no politician will be willing to say it is 

OK if’’—in the example you use—‘‘only 5 percent of the containers 

are inspected.’’ 

You are absolutely right. So let me ask you how rationally we 

can make these judgments. As you well know, the 9/11 Commission 

said that one of the causes of September 11, 2001, was a failure 

of imagination, which is to say that we failed to imagine that people would do to us what the terrorists did on September 11, 2001. 

And so there is a way in which all of us have labored under that 

shadow and that anxiety imagining an endless number of ways in 

which terrorists without regard to human life could attack us since 

we are such an open society. 

How do we allocate our resources and by what process do we decide what level of risk we are willing to accept? 


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Mr. HEYMAN. Thank you, Mr. Chairman. It is delightful to know 

that people read my quotes. I do not remember the specific one to 

which you refer, but I can recall the time at which I was probably 

talking about that. It was a time when I felt that the decisionmaking processes for homeland security, the way we assessed and 

made priorities and allocated resources, was perhaps not as effectively done using risk-based principles as I had expected it would 

be or should be. And I suspect that my comment was perhaps intended to encourage a more risk-based philosophy, as it were, in 

the way the government makes those types of decisions. 

Chairman LIEBERMAN. So give us an overview of how we would 

do that. Is that to try to estimate what our enemies are most likely 

to try to do? 

Mr. HEYMAN. I look at risk as having three factors associated 

with it: A threat component, a vulnerability component, and a consequence component. You have to, in my mind, assess all of those 

factors to conclude what kind of risk we face. Some things are clear 

threats, but the vulnerabilities are low and the consequences are 

low, and so the risk is low. Others may be of high consequence but 

low threat and perhaps no real measurable vulnerability, in which 

case the risks are also low. 

But the ability for the government to make those kinds of calculations when it comes to program management, priority setting, 

and decisionmaking is one I have felt that we need to be strengthened then and today, probably going forward as well. 

Chairman LIEBERMAN. Well, I encourage you forward on that, 

both within the Department and, to the extent that it works, to 

even give counsel to Members of Congress because in a necessarily 

resource-limited environment, we have to make those choices, and 

those are difficult to do in a way that is rational. Now, thank God, 

we have gone 8 years, and we have not suffered another attack on 

our territory, so that hopefully means that we have done some good 

risk assessment or we have sent messages out that have deterred 

our enemies. But, obviously, the threat remains, and we have to 

make sure that our defenses remain as strong as possible. 

Thank you. That was an interesting exchange, at least to me. 

Mr. HEYMAN. To me as well. 

Chairman LIEBERMAN. Senator Collins. 

Senator COLLINS. Thank you, Mr. Chairman. It was interesting 

to me as well. 

Most people do not realize that the Department of Homeland Security has a large international role. Currently, DHS has nearly 

2,000 personnel based in 79 countries. That is a number of Federal 

employees that is exceeded only by the State Department and the 

Department of Defense, but I would wager if you asked most people 

if DHS had an international presence, they would say no. 

In addition to those permanent positions abroad, multiple DHS 

components have hundreds of staffers who are temporarily assigned overseas or evaluating operations overseas at any one time. 

The Office of International Affairs is within the Policy Office, and 

it is the entity that is responsible for coordinating all of the Department’s international activities. However, this office, which I believe is vitally important, has had a great deal of difficulty in carrying out its mission. 


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Now, this office is important not only for security operations 

overseas at our ports, for example, but also because we are able to 

learn from other countries such as Israel that have great experience in dealing with terrorism. So that is why I am concerned that 

a June 2008 report by the Inspector General (IG) highlighted problems in the office and listed 18 recommendations to improve the 

management of DHS’s international affairs. 

It is my understanding that you have been involved in co-authoring Homeland Security 3.0, which acknowledged the importance of 

these international activities. Have you taken a look at the recommendations that the IG has made to improve the effectiveness 

of this office? 

Mr. HEYMAN. I have. 

Senator COLLINS. And what are your reactions, in general? 

Mr. HEYMAN. Well, first, Senator, I would also just like to add 

something I did not say in my opening remarks, and that is, my 

parents spent most of the year in Maine, and—— 

Senator COLLINS. You have my vote. [Laughter.] 

Mr. HEYMAN. It is one of my favorite places—my wife and I got 

married up there. 

Senator COLLINS. You show good sense. 

Mr. HEYMAN. A second vote, maybe? [Laughter.] 

Senator COLLINS. I will now work for your confirmation. [Laughter.] 

Mr. HEYMAN. I also share your view that the international dimensions of homeland security are vitally important, and the organization within the policy shop is the place where that needs to 

take place. It is not only important for us to learn what is going 

on abroad, but also to learn the ways that we can in our own expertise in this country help improve or share our lessons with those 

with whom we seek to collaborate. And so the role of the International Affairs Office is vital. I did write in one of the five major 

recommendations in our 3.0 study that the international dimensions need to have greater attention. If confirmed, I would welcome 

an opportunity to do that, to work with you and the Committee to 

improve the ability of the Department to engage internationally, 

both in terms of finding a clear direction and also in terms of implementing some of the recommendations of that report. 

Senator COLLINS. Thank you. Continuing on the international 

theme, the Policy Office is also responsible for ensuring the full implementation of the security improvements to the Visa Waiver Program, which were included in the 2007 homeland security law. 

This requires all countries in the Visa Waiver Program to sign information-sharing agreements with the United States. Having information on who is on those countries’ terrorist watchlists and on 

which individuals have committed certain crimes will help our 

country identify those who may pose a danger to our citizens before 

they arrive at our borders. 

Now, I understand that the eight countries that were recently 

admitted to the Visa Waiver Program have signed these information-sharing agreements, but the fact remains that the vast majority of the more than two dozen incumbent visa waiver countries 

have not. 


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What will you do to ensure that negotiations with those countries 

are concluded and the agreements signed, as required by the law? 

Mr. HEYMAN. Well, the Visa Waiver Program enhancements done 

by legislation here, I think, first and foremost were a much improved step in the right direction in the sense that we went from 

decades of country assessments to going to individuals. For the security of this Nation, that is a much better approach in terms of 

assessing the security risks in those who come to this country. 

In terms of the Department’s efforts, I am aware of the negotiations that are ongoing with the visa waiver countries to ensure that 

those additional agreements for information sharing are implemented. I think they are enormously important. I think that law 

enforcement officials here, and perhaps even abroad, gain tremendous amounts of ability to do their job with those agreements, and 

I would work toward making sure that they are implemented. 

Senator COLLINS. Thank you. Mr. Chairman, if I could just touch 

on one quick final issue. 

Chairman LIEBERMAN. Go right ahead. 

Senator COLLINS. Thank you. 

In your pre-hearing questionnaire, you talked about cyber security, an issue of great interest to the Chairman and me, and you 

said that DHS currently has four cyber security missions: Fighting 

cyber crime, protecting Federal civilian networks, protecting nonFederal critical information infrastructure, and defending DHS’s 

networks. 

As you know, there is a big debate going on right now in the Administration on who should have what authority over cyber security. I, for one, am very concerned if the vast majority of authority 

is placed in the White House under a new czar because then we 

will not have the kind of oversight over that function that is desirable. But I am also very concerned that the organizational structure may ignore the fact that 85 percent of critical infrastructure 

is in private hands and that DHS is the only entity that has that 

ongoing relationship because of its work in securing critical infrastructure. 

How do you believe cyber security efforts in the Federal Government should be organized? 

Mr. HEYMAN. That is an outstanding question, and I know that 

the White House has engaged in their 60-day review to answer 

that question. I was interested in whether that study would come 

out before the hearing or not, whether I would be commenting on 

it. I do not believe the results have come out at this point, but 

cyber security concerns and the threats that this Committee has 

spent a lot of time working on are increasing and perhaps warrant 

much greater attention. And, in fact, I know that this Committee 

has done a lot of work on that. The need to oversee that kind of 

effort at the White House is one, I think, that most people agree 

on. 

As to the role and responsibilities of the Department of Homeland Security, there are huge advantages for the Department, particularly in its role protecting the Nation’s critical infrastructure 

and working in the sector coordinating councils as a mechanism for 

engaging private sector to protect the critical infrastructure. I 


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think that the Department’s equities would be well served to pursue that role. 

I am not privy to the study. I do not know and would not want 

to prejudge it at this point, but I do share your concerns. And I 

would, in my capacity as Assistant Secretary for Policy, work with 

the various elements, the Under Secretary for Preparedness and 

the folks in his directorate who manage the day-to-day operations 

on cyber security, to ensure that the Department’s role is well 

served. 

Senator COLLINS. Thank you. Thank you, Mr. Chairman. 

Chairman LIEBERMAN. Thanks, Senator Collins. 

I was really interested in your response to one of the Committee’s pre-hearing questions in which you said that you thought the 

Office of Policy should develop a net assessment capability similar 

in nature to the legendary Office of Net Assessment run by the 

iconic Andy Marshall at the Department of Defense. So I wanted 

to just ask you for a moment what you have in mind and why you 

think this type of capability would be useful to the Department of 

Homeland Security. 

Mr. HEYMAN. Thank you, Senator. Well, it is something that I 

had thought about as I consider how the Office of Policy can be 

helpful to the Secretary and to the Department. It was my view in 

thinking through this that there are a couple of models out there. 

There is the Department of Defense model, Under Secretary for 

Policy, which has a large capacity to do integration across the Department. 

There is also the model in the State Department Office of Policy 

Planning, which is more of a think tank, and as I was thinking 

through this, I thought some sort of hybrid would probably benefit 

the Department, but in order to ensure that the long-term view 

was considered, particularly as it pertains to our adversaries, some 

sort of net assessment capacity was needed. 

The day-to-day operations of folks in the components and perhaps even with folks working on policy issues that are in the inbox 

requires that somebody be focused on the long term, and so in that 

capacity, I had considered perhaps a net assessment would be 

worth looking at. 

If the Defense Department is a model, it would give somebody a 

job for 30 years. 

Chairman LIEBERMAN. Right. I think that is a very interesting 

idea. I would urge you to go forward and pursue it. It is very easy, 

particularly in a Department of this kind, which is dealing with 

such an array of immediate challenges, the ongoing daily concerns 

about preparedness to both deter and respond to a terrorist attack, 

let alone all the natural disasters, and throw in an epidemic of flu 

and threat from drug cartels in a neighboring country, you have 

quite a mix that will draw the Department naturally to the immediate and appropriately to the immediate, so I encourage you to 

pursue that as you go forward. 

Well, thanks. Your answers to the questions both before and at 

the hearing have been excellent. I certainly intend to support your 

nomination, even though you have not yet stated any connection to 

the State of Connecticut. [Laughter.] 

Mr. HEYMAN. My cousin went to Yale. 


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Chairman LIEBERMAN. Oh, well, OK. 

We will keep the record of this hearing open until 12 noon tomorrow for the submission of any post-hearing questions or statements. 

I am going to recess the hearing in a moment. Senator Akaka will 

be here soon to preside over the nominations of the two judges to 

the District Court. When I do so, Mr. Heyman, you are certainly 

free to leave. It has been a pleasure to hear you, to see you again, 

and to see the obvious pride of your family behind you. 

With that, the hearing will stand in recess. 

Mr. HEYMAN. Thank you. 

[Recess.] 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA [presiding]. This hearing will be in order. Good 

afternoon. I want to welcome all of you to this hearing, especially 

our panelists and Senator Bingaman, to this Committee on Homeland Security and Governmental Affairs to consider the nominations of Marisa Demeo and Florence Pan to be Associate Judges on 

the District of Columbia Superior Court. 

I want to extend a special welcome to the nominees and your 

families that are here. I am pleased that we are holding a hearing 

today to consider such well-qualified candidates—and I have read 

your resumes. I believe it is important to fill D.C. judicial vacancies 

promptly, and it is my hope that the Congress will act quickly on 

these nominations. 

Before we move on, I would like to yield to allow our distinguished guests to introduce the nominees. Senator Bingaman and 

Congressman Gonzalez, it is a pleasure to welcome you to this 

Committee today. 

Senator Bingaman, please go ahead with your introduction of 

Ms. Pan. 

TESTIMONY OF HON. JEFF BINGAMAN, A U.S. SENATOR FROM 

THE STATE OF NEW MEXICO 

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

thanks for your courtesies and attentiveness to this nomination 

and the speed of this hearing. 

My wife and I have known Florence and her husband, Max, since 

before they were married, and we have the greatest respect for 

both of them, and particularly for purposes of today’s hearing, we 

want to strongly recommend Florence Pan for this important position. 

She has a compelling personal story, of which I am sure that you 

are aware, of her parents coming here in, I believe, 1961. She has 

a distinguished resume. She has been educated at our best schools 

and has developed a very distinguished career since then, both in 

the Department of Justice and in the private sector, but more recently in the U.S. Attorney’s Office here in the District of Columbia. 

She has the capability and the desire to serve the public in a 

very important position in the Superior Court, and we are very fortunate, I think, as a country to have people of her quality who are 

willing to serve in public office. And so I think she is an extremely 

good choice by the President, and this is emblematic of the choices 


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he has been making generally in his nominations that we have 

seen here in the Senate, but I think she stands out even in that 

crowd. 

So I very much commend her to you and to the full Committee 

and hope that you will act favorably on her nomination and recommend her to the full Senate and that we can confirm her for this 

position very soon. Thank you. 

Senator AKAKA. Thank you very much, Senator Bingaman, for 

your statement. We will certainly consider what you have said. You 

know that we respect you a lot here as well. So thank you very 

much, and I know you are busy, so we will continue with the hearing. 

Mr. Gonzalez, will you please introduce Ms. Demeo? 

TESTIMONY OF HON. CHARLES A. GONZALEZ, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS 

Mr. GONZALEZ. Thank you very much, Chairman Akaka, for the 

opportunity of making this introduction. I would also like to thank 

the rest of the Members of the Senate Committee on Homeland Security and Governmental Affairs. 

I am here today as First Vice Chair of the Congressional Hispanic Caucus to introduce the Hon. Marisa J. Demeo, nominee for 

Associate Judge for the Superior Court of the District of Columbia. 

The Congressional Hispanic Caucus (CHC) is proud to have endorsed Judge Demeo for this position and is happy to be present 

here today to show our continued support for her confirmation. 

Marisa J. Demeo was installed as magistrate judge on September 

7, 2007. Judge Demeo was born in Washington, DC, and raised in 

Dale City, Virginia. She graduated from Princeton in 1988, where 

she received her Bachelor of Arts degree in politics, with a concentration in Latin American studies. 

Ms. Demeo worked for 2 years as a paralegal for the U.S. Department of Justice Civil Rights Division. She went on to receive 

her Juris Doctor from New York University (NYU) School of Law 

in 1993, where she served on the Law Review. At NYU, Ms. Demeo 

was selected as a Root-Tilden Scholar for her academic achievement and commitment to public interest issues. She also received 

graduation awards for her clinical work representing juveniles 

charged with offenses in the New York Family Court and for her 

service to the law school. 

After graduating from law school, Ms. Demeo served with distinction as an honors program trial attorney in the Department of 

Justice (DOJ) Civil Rights Division, Employment Litigation Section, where she prosecuted public employers for patterns or practice of employment discrimination in the Federal courts around the 

country and received two awards for her outstanding work. In 

1997, she left DOJ to work for the Mexican American Legal Defense and Educational Fund (MALDEF), a national Latino civil 

rights organization, where she advocated on immigrants’ rights 

issues, and this is where I came to know her with members of the 

Congressional Hispanic Caucus. 

After a short period as a staff attorney at MALDEF, Ms. Demeo 

was promoted to head the MALDEF D.C. office, where she served 

as the national advocate on the Hill, in the White House, and with 


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the Federal agencies on a wide array of Latino civil rights issues, 

including employment, voting rights, immigration, education, and 

criminal justice. 

During her time at MALDEF, she received numerous community 

service and leadership awards including recognition from the Hispanic Bar Association of the District of Columbia, the Congressional Black Caucus, NYU School of Law, the National Puerto 

Rican Coalition, and the U.S. Census Bureau. 

In 2004, Ms. Demeo joined the U.S. Attorney’s Office for the District of Columbia as an Assistant U.S. Attorney, where she served 

in the misdemeanor trial section, the felony trial section, the grand 

jury section, and the sex offense/domestic violence trial section. 

During her time at this office, Ms. Demeo handled 45 criminal 

trials and presented over 30 felony cases to the grand jury, which 

resulted in indictments. She received two awards for her work in 

this capacity. 

Ms. Demeo has also served as adjunct professor at Howard University School of Law, where she taught criminal procedure and 

immigration law. In 2005, Ms. Demeo was appointed by the District of Columbia Court of Appeals to the District of Columbia Access to Justice Commission, which is charged with the responsibility of increasing access for low- and moderate-income residents 

in the District to the civil justice system. She served on the Commission for 2 years. 

As you can gather from her extensive and diverse experience, 

Judge Demeo is highly qualified to serve as Associate Judge for the 

Superior Court of the District of Columbia. And I do want to end 

with just one observation, Senator. I have had the great privilege 

of working with Ms. Demeo, and I was always impressed. It is just 

not about demeanor. It is about good judgment. Understanding 

that there are two sides to every argument, and in most cases 

there are at least eight, even when it is a uncontested matter. But 

truly appreciating the purpose of the justice system and that all 

people have access and that justice is not a present but, rather, obviously, following the law and precedent and the facts that are before that particular judge. 

There is no doubt in my opinion and that of the Congressional 

Hispanic Caucus that she truly deserves confirmation, and I again 

appreciate the opportunity of making this introduction. 

Senator AKAKA. Well, I thank you very much for your statement. 

We will, of course, seriously consider your statement, and your 

work here in the Congress speaks for you greatly. I thank you so 

much for being here. I know you are busy, and we will continue 

with the hearing. But thank you so much for coming. 

Both of the nominees before us have strong legal backgrounds, 

as you have heard in the statements that have been made, and 

they have devoted much of their careers to work in the public sector. Judge Demeo currently is a magistrate judge on the D.C. Superior Court and worked before that court as an assistant district attorney. And Ms. Pan has worked as an assistant district attorney 

for the District of Columbia for over a decade, where she has successfully prosecuted many criminal cases. 

If confirmed, I am confident Judge Demeo and Ms. Pan have the 

experience to make valuable contributions to the D.C. Superior 


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Court bench, and I want you to know that we will try to move this 

confirmation as quickly as we can. 

Both of the nominees I know have filed responses to a biographical and financial questionnaire submitted by the Committee. Without objection, this information will be made a part of the hearing 

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 would ask you to please stand and raise your right hand. 

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? 

Judge DEMEO. I do. 

Ms. PAN. I do. 

Senator AKAKA. Thank you very much. Let the record note that 

the witnesses responded in the affirmative. 

I understand that you have family members here, and I would 

like to give each of you an opportunity to introduce your family and 

any friends or even supporters who are here with you before we 

proceed to your statements. 

Judge Demeo, will you please introduce your family? 

Judge DEMEO. Thank you very much. I would like to first introduce my parents, Palmer Demeo and Emilia Mauras Demeo; my 

sister, Priscilla; my cousin, Melissa Milam, and her husband, Terrell; and my partner, Angela Arboleda, who works for the Senate 

Majority Leader. 

Many other people have come here to support me today, people 

from the court, from the U.S. Attorney’s Office, from the Public Defender Service, and others who serve the community on the national and local level. Although I do not have time to thank them 

all individually, I do appreciate their support in being here, and it 

is this broad support that creates in me a sense of responsibility 

to serve the public and to do so fairly and impartially. 

Senator AKAKA. Thank you very much. 

Ms. Pan, will you please introduce your family and friends? 

Ms. PAN. Thank you, Mr. Chairman. I am joined here today by 

my husband, Max Stier; our two children, Zachary and Noah, who 

are 41⁄2 and 3, and they are wearing new suits. 

I am also joined by my parents, Wu-Ching and Felicia Pan, and 

they flew in from China to be here today. 

My sister, Gloria Pan, is here, and Andrea and Richard Danzig, 

who are my husband’s aunt and uncle, and Lisa Danzig, who is his 

cousin. 

I would also like to acknowledge and thank for their presence a 

number of friends who are here to support me today: Anne Bingaman is here, Chief Judge Lee Satterfield of the Superior Court is 

here. I very much appreciate his presence. 

And I am sorry, I forgot to introduce somebody very important, 

Yvonne Johnson, who is the caretaker for my children, and she is 

the reason that I can really be here today as a nominee. So I want 

to thank her as well. 


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1The prepared statement of Judge Demeo appears in the Appendix on page 144. 

Senator AKAKA. Thank you very much for introducing your families and friends and supporters. I am sure they are proud of all you 

have accomplished. 

Ms. Pan, I had the opportunity to chat with your husband, Max, 

about your nomination a few days ago. 

You probably will not be surprised to know that he considers you 

a very highly qualified person as well. [Laughter.] 

Ms. PAN. I appreciate his support. 

Senator AKAKA. And, Judge Demeo, will you please proceed with 

your statement? 

TESTIMONY OF MARISA J. DEMEO1 TO BE ASSOCIATE JUDGE, 

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Judge DEMEO. I did want to thank, although he had to leave 

early, Congressman Gonzalez and the Congressional Hispanic Caucus for their support throughout this process. I would also like to 

thank you, Mr. Chairman, and the Members of the Committee for 

scheduling this hearing and taking the time to consider my qualifications for the position of Associate Judge. It is a true honor to 

have the privilege to appear before you today. I would also like to 

thank the Committee staff as well for their hard work in collecting 

and reviewing my qualifications. 

I would like to thank Federal District Judge Emmet Sullivan and 

all the members of the D.C. Judicial Nominations Commission for 

forwarding my name to the White House. And I really do have to 

mention Federal District Judge Urbina, who is here today, and I 

want to thank him for all of his support. 

I also want to thank President Barack Obama for nominating me 

for the position and the staff in the White House who worked diligently and conscientiously throughout this process. 

My father’s parents were immigrants from Italy who came to this 

country with little education but with the belief that they wanted 

to have a better life and a willingness to work hard for that better 

life for them and their children. That hard work paid off when my 

father had the opportunity to attend Georgetown University. My 

mother was born and grew up in Puerto Rico, her own parents having only reached a high school education. Despite socioeconomic 

barriers, my mother, through faith in God and hard work, excelled 

in school, went to the University of Puerto Rico, and came to the 

United States for a better life. 

My parents met here in Washington, DC, and as they say, the 

rest is history. My parents raised my brother, my sister, and me 

in a strict environment in which we were taught the values of 

faith, family, integrity, education, and hard work. I also learned 

growing up the values of being humble and fair. With those values, 

I have studied hard, worked hard, and dedicated my career to the 

service of the public. 

Over the last 5 years, I have particularly dedicated myself to 

serving the District of Columbia by my work as a criminal prosecutor, as a magistrate judge, and as an adjunct professor at Howard University School of Law. I hope you will find, after reviewing 


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1The prepared statement of Ms. Pan appears in the Appendix on page 168. 

my record, that I would be a fair and impartial judge who would 

bring integrity and respect to the bench. Thank you. 

Senator AKAKA. Thank you very much for your statement, Judge. 

And now we will hear from Ms. Pan. Your statement, please. 

TESTIMONY OF FLORENCE Y. PAN 1 TO BE ASSOCIATE JUDGE, 

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 

Ms. PAN. Thank you, Mr. Chairman. I am reminded that there 

is one person I forgot to acknowledge who is here today, and I 

would like to thank John Neuffer, who is my brother-in-law, who 

is also here. I am sorry that I overlooked him the first time. 

I also want to thank Senator Bingaman for the kind remarks 

that he made in the introduction. 

I am very grateful for the opportunity to be here before the Committee as a nominee to be an Associate Judge on the D.C. Superior 

Court. I want to thank President Obama and the D.C. Judicial 

Nomination Commission for this great honor. 

I also want to thank the Committee for considering my nomination so expeditiously. I want to thank the Committee staff for the 

courtesy that they have shown me and their professionalism. 

In 1949, my grandparents fled mainland China when the Communist Party came to power. They settled in Taiwan, bringing with 

them my parents. My parents came to the United States in 1961 

to pursue graduate degrees in New York City. They chose to stay 

here because of the limitless opportunities that this country offered 

their children. 

I think it is fair to say that my presence before this Committee 

is a fulfillment of all that they hoped for and dreamed of when they 

made that decision to put down their roots here in America. 

I would also note that my nomination is particularly meaningful 

to my father because his father was a judge on an administrative 

court in China before he was forced to flee to Taiwan. 

For the past 10 years, I have been privileged to serve the citizens 

of the District of Columbia as an Assistant U.S. Attorney. I have 

appeared extensively in Federal, State, and local courts here in this 

jurisdiction, and I have had the opportunity to come into contact 

with myriad people from this community. 

My respect for the Superior Court and the judges who serve on 

this court is profound. I have seen the important work that they 

do firsthand. If confirmed, I will do my utmost to give the citizens 

of the District of Columbia the very highest quality of justice, and 

I pledge to approach my role as a judge with humility and diligence 

and to apply the law with thoughtfulness and impartiality. 

Thank you again for the opportunity to be here today, and thank 

you for your consideration of my nomination. 

Senator AKAKA. Thank you very much, Ms. Pan, for your statement. I will begin with the standard questions this Committee asks 

of all nominees, and I would like each of you to answer the questions. 

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? 


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Judge DEMEO. No, Mr. Chairman. 

Ms. PAN. No, Mr. Chairman. 

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? 

Judge DEMEO. No, Mr. Chairman. 

Ms. PAN. No, Mr. Chairman. 

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? 

Judge DEMEO. I do, Mr. Chairman. 

Ms. PAN. Yes, Mr. Chairman. 

Senator AKAKA. Thank you very much for your responses. 

Now, this is a question to both of you. You are both without 

question accomplished attorneys who have handled important cases 

for the U.S. Attorney’s Office and elsewhere. Why did you seek 

nomination to become a D.C. Superior Court judge? And what contributions do you hope to make, if confirmed? 

Judge DEMEO. If you wish, I can go first. I am seeking the position of an Associate Judge in order to continue my service to the 

public. My entire career has been dedicated to serving the public, 

and I find this to be a continuation of that service. I have always 

worked either in the nonprofit sector or for government agencies 

trying to ensure justice for communities at different levels, whether 

they be national or local. And in the last few years, being a resident of the District, being very committed to the community and 

the District, I have really focused my attention on trying to serve 

the local community. And I have done that recently as a magistrate 

judge, and I believe that I can develop that further as an Associate 

Judge. 

In terms of the qualities that I could bring, I hope, to the bench, 

it is to continue to emulate those judges whom I admire, and those 

are qualities such as developing knowledge of the law, bringing integrity to the bench, bringing fairness to the bench, being sensitive 

to diverse communities. Those are the qualities I hope to bring. 

Senator AKAKA. Thank you very much. Ms. Pan. 

Ms. PAN. I, too, have devoted my career to public service, and I 

see this as an extension of the work that I have been doing at the 

U.S. Attorney’s Office in trying to bring and promote the cause of 

justice here in the District of Columbia. I cannot think of a more 

fascinating or rewarding job than to be an Associate Judge on the 

Superior Court or a better opportunity to serve the community. 

I have seen the work of the court firsthand, as I mentioned in 

my opening statement, and in terms of the volume and the types 

of cases that are brought in that court, it has such an important 

impact on the community here in the District of Columbia, and I 

see this opportunity as a means of continuing to serve the community in this very important capacity. 

Senator AKAKA. Thank you. 

Ms. Pan, while you have many years of legal experience as an 

attorney for the Federal Government, you have never been a judge. 

Ms. PAN. That is correct. 


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Senator AKAKA. What do you anticipate your biggest challenge 

will be in becoming a judge? And how do you plan to overcome that 

challenge? 

Ms. PAN. Well, I think it will be a challenge to shift gears for myself, having for 10 years represented the United States of America. 

And I feel, however, as a prosecutor that my goal has been to do 

justice and not just to win a case. So I think that my role as a 

judge will be in many ways similar to my role even as an advocate 

at the U.S. Attorney’s Office. I think there will be certainly challenges for me because it will be new to me to be ruling on matters 

instead of arguing as an advocate, but I think that it is a challenge 

that I am prepared to take on. 

Senator AKAKA. Thank you. 

Judge Demeo, I would like to direct that question to you as well. 

What do you think your biggest challenge will be as you transition 

from a magistrate to an Associate Judge? And how will you address 

the challenge? 

Judge DEMEO. The biggest challenge is that the amount of responsibility that I will have will substantially increase. As a magistrate judge, I am limited in my jurisdiction to only handle very 

minor misdemeanor cases. I am in the Criminal Division. And if I 

am confirmed by the Senate, then I will move into an Associate 

Judge position, which would allow me the opportunity to handle 

very serious cases, felony cases eventually, jury matters, and so the 

responsibility to the community and to the parties before me will 

substantially increase because the stakes are that much greater. 

In terms of how I will address that challenge, I will continue to 

be a studier of the law because that is very important to me, to 

continue to learn the law and be an expert in it so that those who 

appear before me find me to be knowledgeable, so that I can have 

adequate rulings in line with what the law is; also to remain sensitive to all the parties, no matter how many cases I might hear, 

to always have an open mind and to ensure that I always treat the 

parties before me fairly, so that no matter what the result is, no 

matter if individuals lose or win, are found guilty or not guilty, my 

goal would be to have the parties leave feeling that they had a fair 

judge and they were satisfied with the system of justice that appears in the D.C. Superior Court. 

Senator AKAKA. Thank you. 

Ms. Pan, for the past decade, you have practiced criminal law as 

an Assistant U.S. Attorney. Having focused so heavily on criminal 

law in your career, please tell us how you plan to familiarize yourself with civil law and procedure? 

Ms. PAN. Mr. Chairman, my understanding is that the court has 

very good training programs for judges. I think that all of the 

judges on the Superior Court are required to learn new areas of the 

law. Because the court does have so many different calendars, specializing in so many different areas, there is no judge that starts 

on this bench who is an expert in all of them. 

I will certainly apply myself to learn the new areas of law, and 

I am quite excited, actually, to be able to develop expertise and to 

learn about different areas of law and to apply these different 

areas of law. 

Senator AKAKA. Thank you. 


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Judge Demeo, you have spent most of your career as a civil 

rights attorney. Since then, you have served as a magistrate judge 

on the D.C. Superior Court. How did you handle the transition 

from advocacy to take on the magistrate role of a neutral third 

party? 

Judge DEMEO. As Ms. Pan has already said, it is an adjustment 

to go from being an advocate in the courtroom to being the judge 

in the courtroom. I think that my diverse experience prepared me 

well because I have done civil rights advocacy on behalf of plaintiffs, but I have also done criminal prosecution on behalf of victims. 

And so when you think about the parties that appear in the courtroom, oftentimes it is plaintiffs versus defendants and one party 

against another. And I have really worked with both sides in my 

career. So being in the judge position has allowed me to take a step 

back already in the magistrate position and listen to the parties 

and be open to both sides because I do respect both sides. 

Senator AKAKA. Thank you. 

Ms. Pan, a judge often faces pressure to rule on complex issues 

both quickly and correctly. How has your experience as deputy 

chief of the appellate division prepared you to do this? 

Ms. PAN. Mr. Chairman, I think that my experience as deputy 

chief in the appellate division of the U.S. Attorney’s Office has prepared me very well to rule on matters of law quickly and decisively, 

and hopefully correctly. As deputy chief, I am required to keep up 

with all the law—and, admittedly, this is criminal law, but I train 

Assistant U.S. Attorneys on different areas of the law. I field phone 

calls from courtrooms for people who need advice about what to do. 

And I think that the types of advice and the types of judgment 

calls I have had to make in my capacity as a deputy chief are in 

some ways very similar to making rulings as a judge. So I think 

that has prepared me very well. 

Senator AKAKA. You just heard the buzzer. We are being called 

to three votes on the floor, so let me ask my final question to both 

of you. 

During your years practicing law, you have appeared before 

many judges and no doubt learned a great deal from observing 

them. Will you describe some qualities you hope to emulate as a 

judge and those you hope to avoid? Judge Demeo. 

Judge DEMEO. I would like to emulate those judges who have 

demonstrated knowledge of the law. Obviously, you want to be before a judge who, when you are arguing the cases and the statute, 

knows what you are talking about. So I want to be one of those 

judges. 

I also want to make timely decisions. You do not want to wait 

around a long time trying to figure out what the judge is going to 

rule. You want clear rulings and an explanation of those rulings, 

and I would like to be that kind of judge. 

I also want to be a fair judge, a judge that, again, parties feel, 

regardless of the outcome, listened to them with an open mind and 

was fair. 

I guess the one big trait I hope to avoid is bad temperament on 

the court. I have seen plenty of judges through my career who have 

bad temperament, and it just does not set a good tone for the litigation before the court, for the parties, for the witnesses, for the obVerDate Nov 24 2008 12:38 Jan 05, 2011 Jkt 051028 PO 00000 Frm 00025 Fmt 6633 Sfmt 6633 P:\DOCS\51028.TXT SAFFAIRS PsN: PAT

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servers. And so I will work hard to avoid any issue that would 

raise those kinds of questions. 

Senator AKAKA. Thank you very much. Ms. Pan. 

Ms. PAN. Mr. Chairman, I agree very much with the sentiments 

just expressed by Judge Demeo. I think it is extremely important 

for judges to be fair and open-minded, willing to listen to the parties. And I think that parties will very much appreciate a judge 

who they feel has listened to their positions, and I would want to 

be that kind of a judge. 

I also think it is very important to be knowledgeable about the 

law because that is what allows a judge to make rulings promptly 

and hopefully correctly, and certainly the temperament issues that 

Judge Demeo identified, I would agree with that. I think it is very 

important for judges to always be professional and to treat people 

with courtesy and respect. And I would note that as an appellate 

lawyer, I have read many transcripts, and I know that my current 

colleagues at the U.S. Attorney’s Office will be reading my transcripts, and that will certainly give me an incentive to not say anything that I will regret later. 

Senator AKAKA. Well, thank you very much. There are no further 

questions at this time. 

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

submitted to you in writing. The hearing record will remain open 

until the close of business tomorrow for Members of the Committee 

to submit additional statements or questions. 

It is my hope that the Committee and the Senate will be able to 

act on your nominations in the near future, and as quickly as we 

can, too, and I want to wish both of you the best in what is ahead 

of you. I also want to thank you for bringing your families. It is 

really great to see why you are here. Of course, it is your families 

that have helped you along the way, and it really makes a huge 

difference to have their support. It was good to get to know your 

families today. 

So thank you very much for being here. This hearing is adjourned. 

[Whereupon, at 4 p.m., the Committee was adjourned.] 


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(23) 

A P P E N D I X 

PREPARED OPENING STATEMENT OF SENATOR LIEBERMAN FOR MR. 

HEYMAN 

We will move to our first nominee this afternoon, David Heyman, who has been 

nominated to serve as Assistant Secretary at the Department of Homeland Security, 

in charge of the Department’s Office of Policy. 

Mr. Heyman has a significant background in the area of homeland security policy. 

He is currently a Senior Fellow at the Center for Strategic and International Studies, and has led the Center’s Homeland Security Program since 2003. 

While at CSIS he has authored studies on a range of topics including the roles 

and missions of DHS, biosecurity, general aviation security and the balance between 

science and security. 

Prior to joining CSIS, he worked in the Clinton Administration as a senior policy 

advisor at the Department of Energy and at the White House Office of Science and 

Technology Policy. 

The Office of Policy plays a significant role within DHS, serving as the lead office 

for the development and coordination of department-wide policy. 

When this office was established by Secretary Chertoff in 2005, he proposed that 

it be headed by an Under Secretary for Policy. 

In the last two Congresses, Senator Collins and I have sponsored legislation that 

included this proposal. I still support the elevation of this position, and I expect to 

take up legislation that addresses this again this year. 

Mr. Heyman, if you are confirmed, you will face several notable challenges in the 

coming months and years. 

First, the Department is required by law to carry out the Quadrennial Homeland 

Security Review and report to Congress on the results by the end of this year. 

It is critical that the QHSR meet this deadline so it can serve as a timely vehicle 

we can use to examine the roles, missions, authorities, and funding priorities of 

DHS and other agencies with homeland security responsibilities. 

This Committee stands ready to work with the Administration to implement the 

results of this review in 2010, including through DHS authorizing legislation. 

Second, you will be faced with the challenge of policy coordination within the Department. 

Many of the operating components of the Department have their own policy offices, and responsibility for policy in areas such as cybersecurity and informationsharing has been ambiguous at times. 

If you are confirmed, it is critical that you take steps to improve policy coordination across the Department, to ensure that policy decisions are consistent and are 

made efficiently. 

Third, the Office of Policy has begun to play a greater role in the acquisition review process at DHS and is responsible for establishing strategic high-level requirements that can inform acquisition decisions. 

This new mission of the Office of Policy will help to ensure that the billions of 

dollars of acquisitions that are made by DHS each year are consistent with the Secretary’s priorities, and are developed in a way that avoids waste and unnecessary 

duplication. 

Fourth, the Office of Policy has played a very important role in coordinating policy 

related to border security and terrorist travel in recent years, and is responsible for 

ensuring that all DHS efforts in this arena are risk-based and results-driven. 

Since its inception, DHS has implemented a series of programs aimed at interdicting terrorist travel, including US-VISIT, ESTA, and WHTI, and it is vitally important that the Office of Policy be involved in the coordinating their current activities and helping to plan for the future. 


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Additionally, the current southwest border threat requires a strategic response 

that targets all of the Department’s formidable law enforcement resources, and the 

Office of Policy should have a significant role to play outlining policy options in the 

fight against the Mexican drug cartels. 

These are just a few of the critical issues that the Assistant Secretary of Policy 

must help the Secretary and DHS component agencies collectively address. 

I am confident that you have the background and competence to carry out the responsibilities of Assistant Secretary for Policy, and I look forward to your testimony. 

PREPARED OPENING STATEMENT OF SENATOR COLLINS FOR MR. 

HEYMAN 

I join the Chairman in welcoming David Heyman as the nominee to be the Assistant Secretary for Policy at the Department of Homeland Security. 

The Department of Homeland Security’s Policy Office is tasked with developing 

a comprehensive approach to policy and planning for the Department and bringing 

the various components of DHS, as well as its State, local, and private sector partners, together under a unified vision. 

As Assistant Secretary for Policy, Mr. Heyman would be directly responsible for 

establishing priorities and for seeing that they are implemented on a wide-range of 

homeland security issues. The Policy Office is now coordinating the Department’s 

Quadrennial Homeland Security Review that is scheduled to be completed by December. 

In addition, the Policy Office is responsible for reviewing the continued participation of countries in the Visa Waiver Program, and ensuring the implementation of 

the enhancements to the security of that program that were included in the 2007 

homeland security law, which was authored by this Committee. 

The Policy Office has already made significant strides in facilitating the conclusion of agreements with nations in the European Union to provide passenger name 

records on individuals traveling to the United States. Having this information will 

help identify individuals who may pose a danger to the United States—before they 

arrive at our borders. I look forward to hearing how Mr. Heyman would further 

strengthen the Visa Waiver Program and obtain agreements with all Visa Waiver 

Program countries to provide relevant law enforcement information on travelers to 

the Department, as required by the 2007 law. 

I also look forward to hearing Mr. Heyman’s views on how we should reauthorize 

chemical facility security legislation and the SAFE Port Act, which I co-authored, 

and how the Department should address growing cyber security threats. 

Mr. Heyman has a wealth of experience on homeland security policy issues from 

serving in positions both inside and outside of government. Most recently, Mr. 

Heyman was the Director of the Homeland Security Program at the Center for Strategic and International Studies where he studied a wide range of issues that are 

vital to the Department’s success. He has also served as a senior advisor to the Secretary of Energy and as a senior analyst in the White House Office of Science and 

Technology Policy. 

PREPARED OPENING STATEMENT OF SENATOR VOINOVICH FOR MS. 

DEMEO AND MS. PAN 

Mr. Chairman, thank you for convening today’s hearing. I also want to thank the 

nominees appearing before us today, both for their time and for their willingness 

to serve. 

As the Ranking Member on the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, I would like to make 

a few brief comments about today’s nominees for the Superior Court of the District 

of Columbia. 

I have reviewed both of these nominees’ biographical questionnaires to learn 

about their significant academic and professional achievements. I believe they are 

both well qualified to be Superior Court Judges. 

Ms. Pan is currently an Assistant United States Attorney for the District of Columbia. She previously served as an advisor in the Department of the Treasury, as 

an attorney in the Criminal Appellate Section of the Department of Justice, as a 

Bristow Fellow in the Office of the Solicitor General, and as a law clerk to the Second Circuit Court of Appeals and the U.S. District Court for the Southern District 

of New York. 

Ms. Demeo is currently a Magistrate Judge in the Criminal Division of the District of Columbia Superior Court. She previously served as an Assistant United 


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States Attorney for the District of Columbia, as an attorney for the Mexican American Legal Defense and Education Fund, and as an attorney in the Civil Rights Division of the Department of Justice. 

Clearly, both of these nominees have significant professional backgrounds that 

would serve them well on the bench. 

Mr. Chairman, you know that I believe it takes a unique individual to balance 

the responsibilities of protecting citizens’ rights and liberties with upholding and interpreting the law. I believe that, if confirmed, Ms. Pan and Ms. Demeo will both 

fulfill those responsibilities with honor, courage, and character befitting the court. 

I hope that the Committee and the full Senate will consider both of these nominations in the very near future. 

Thank you. 


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