[Senate Hearing 111-767]
[From the U.S. Government Publishing Office]
S. Hrg. 111-767
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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Washington, DC 20402-0001
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware JOHN McCAIN, Arizona
MARK L. PRYOR, Arkansas GEORGE V. VOINOVICH, Ohio
MARY L. LANDRIEU, Louisiana JOHN ENSIGN, Nevada
CLAIRE McCASKILL, Missouri LINDSEY GRAHAM, South Carolina
JON TESTER, Montana
ROLAND W. BURRIS, Illinois
MICHAEL F. BENNET, Colorado
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
C O N T E N T S
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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
NOMINATIONS OF DAVID F. HEYMAN, MARISA J. DEMEO, AND FLORENCE Y. PAN
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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 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.
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 new Department. It is very hard to believe we are
actually approaching 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 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.
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\1\ The prepared statement of Mr. Heyman appears in the Appendix on
page 26.
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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 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 risk-based 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 Security and, within it, the Office of Policy. We must
start by forging 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.
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?
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.
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.
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 non-Federal 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 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.
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 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 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 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 4\1/2\ 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.
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. DEMEO\1\ 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.
---------------------------------------------------------------------------
\1\ The prepared statement of Judge Demeo appears in the Appendix
on page 144.
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\1\ The prepared statement of Ms. Pan appears in the Appendix on
page 168.
---------------------------------------------------------------------------
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?
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.
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.
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 observers. 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.]
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 information-sharing 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.
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 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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