S.Hrg.119-323

1[Senate Hearing 119-323]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-32356               TO CONSIDER THE NOMINATIONS OF: MR. BRAD-7                LEY D. HANSELL TO BE UNDER SECRETARY8                OF DEFENSE FOR INTELLIGENCE AND SECU-9                RITY; MR. EARL G. MATTHEWS TO BE10                GENERAL COUNSEL OF THE DEPARTMENT OF11                DEFENSE; MR. DALE R. MARKS TO BE ASSIST-12                ANT SECRETARY OF DEFENSE FOR ENERGY,13                INSTALLATIONS, AND ENVIRONMENT; AND THE14                HONORABLE BRANDON M. WILLIAMS TO BE15                UNDER SECRETARY OF ENERGY FOR NUCLEAR16                SECURITY17=======================================================================1819                                HEARING2021                               BEFORE THE2223                      COMMITTEE ON ARMED SERVICES24                          UNITED STATES SENATE2526                    ONE HUNDRED NINETEENTH CONGRESS2728                             FIRST SESSION2930                               __________3132                             APRIL 8, 20253334                               __________3536         Printed for the use of the Committee on Armed Services3738[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3940                 Available via: http://www.govinfo.gov41                                __________4243                   U.S. GOVERNMENT PUBLISHING OFFICE4463-039 PDF                  WASHINGTON : 202645-----------------------------------------------------------------------------------4647                      COMMITTEE ON ARMED SERVICES4849              ROGER F. WICKER, Mississippi, Chairman5051 DEB FISCHER, Nebraska			JACK REED, Rhode Island52 TOM COTTON, Arkansas			JEANNE SHAHEEN, New Hampshire53 MIKE ROUNDS, South Dakota		KIRSTEN E. GILLIBRAND, New York54 JONI ERNST, Iowa			RICHARD BLUMENTHAL, Connecticut55 DAN SULLIVAN, Alaska			MAZIE K. HIRONO, Hawaii56 KEVIN CRAMER, North Dakota		TIM KAINE, Virginia57 RICK SCOTT, Florida			ANGUS S. KING, Jr., Maine58 TOMMY TUBERVILLE, Alabama		ELIZABETH WARREN, Massachusetts59 MARKWAYNE MULLIN, Oklahoma	        GARY C. PETERS, Michigan60 TED BUDD, North Carolina		TAMMY DUCKWORTH, Illinois61 ERIC SCHMITT, Missouri			JACKY ROSEN, Nevada62 JIM BANKS, INDIANA			MARK KELLY, Arizona63 TIM SHEEHY, MONTANA                  	ELISSA SLOTKIN, MICHIGAN6465 		   John P. Keast, Staff Director66 		Elizabeth L. King, Minority Staff Director6768                                  (ii)6970                           C O N T E N T S71_________________________________________________________________7273                             april 8, 20257475                                                                   Page76To Consider The Nominations of: Mr. Bradley D. Hansell to be          177  Under Secretary of Defense for Intelligence and Security; Mr.78  Earl G. Matthews to be General Counsel of the Department of79  Defense; Mr. Dale R. Marks to be Assistant Secretary of Defense80  for Energy, Installations, and Environment; and Hon. Brandon M.81  Williams to be Under Secretary of Energy for Nuclear Security.8283                           Members Statements8485Wicker, Senator Roger F..........................................     18687Reed, Senator Jack...............................................     38889                           Witness Statements9091Pfluger, Hon. August, U.S. Representative From Texas, 11th            592  District.9394Scott, Senator Rick..............................................     69596Williams, Hon. Brandon M. to be Under Secretary of Energy for         697  Nuclear Security.9899  Advance Policy Questions.......................................    45100101  Questions for the Record.......................................    64102103  Nomination Reference and Report................................    76104105  Biographical Sketch............................................    77106107  Committee on Armed Services Questionnaire......................    78108109  Signature Page.................................................    85110111Hansell, Mr. Bradley D., to be Under Secretary of Defense for         9112  Intelligence and Security.113114  Advance Policy Questions.......................................    85115116  Questions for the Record.......................................   107117118  Nomination Reference and Report................................   121119120  Biographical Sketch............................................   122121122  Committee on Armed Services Questionnaire......................   123123124  Signature Page.................................................   128125126Matthews, Mr. Earl G., to be General Counsel of the Department of    12127  Defense.128129  Advance Policy Questions.......................................   128130131  Questions for the Record.......................................   138132133  Nomination Reference and Report................................   156134135  Biographical Sketch............................................   157136137  Committee on Armed Services Questionnaire......................   161138139  Signature Page.................................................   170140141Marks, Mr. Dale R., to be Assistant Secretary of Defense for         16142  Energy, Installations, and Environment.143144  Advance Policy Questions.......................................   170145146  Questions for the Record.......................................   186147148  Nomination Reference and Report................................   204149150  Biographical Sketch............................................   205151152  Committee on Armed Services Questionnaire......................   207153154  Signature Page.................................................   213155156                                 (iii)157158  TO CONSIDER THE NOMINATIONS OF: MR. BRADLEY D. HANSELL TO BE UNDER159    SECRETARY OF DEFENSE FOR INTELLIGENCE AND SECURITY; MR. EARL G.160 MATTHEWS TO BE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE; MR. DALE161       R. MARKS TO BE ASSISTANT SECRETARY OF DEFENSE FOR ENERGY,162 INSTALLATIONS, AND ENVIRONMENT; AND THE HONORABLE BRANDON M. WILLIAMS163          TO BE UNDER SECRETARY OF ENERGY FOR NUCLEAR SECURITY164165                         TUESDAY, APRIL 8, 2025166167                              United States Senate,168                               Committee on Armed Services,169                                                    Washington, DC.170    The Committee met, pursuant to notice, at 9:38 a.m. in room171SD-G50, Dirksen Senate Office Building, Senator Roger Wicker172(Chairman of the Committee) presiding.173    Committee Members present: Senators Wicker, Fischer,174Cotton, Rounds, Ernst, Sullivan, Cramer, Scott, Tuberville,175Mullin, Budd, Schmitt, Banks, Sheehy, Reed, Shaheen,176Gillibrand, Blumenthal, Hirono, Kaine, King, Warren, Peters,177Rosen, Kelly, and Slotkin.178179          OPENING STATEMENT OF SENATOR ROGER F. WICKER180181    Chairman Wicker. Thank you, and I welcome our four182witnesses, and their families. and I thank them for being here183this morning, and a guest or two.184    Mr. Brandon Williams has been nominated to be Under185Secretary of Energy for Nuclear Security, and the Administrator186of the National Nuclear Security Administration (NNSA). As the187Administrator, Mr. Williams would be responsible for rebuilding188and modernizing our long, neglected nuclear weapons stockpile.189    Failure here is not an option. Over the past several years,190we've watched as Russia, China, and North Korea have rapidly191expanded their nuclear arsenals and developed new types of192weapons, weapons for which we are so sorely unprepared.193    The Committee is focused on ensuring that the Department of194Defense (DOD) and the NNSA deliver results. As the195congressional Strategic Posture Commission made clear,196modernizing our country's nuclear deterrent is a national197imperative. I look forward to hearing how Mr. Williams intends198to pursue this objective.199    Mr. Bradley Hansell has been nominated to be Under200Secretary of Defense for Intelligence and Security. In addition201to serving as the Secretary of Defense's principal advisor on202intelligence, counterintelligence security, and law enforcement203matters. The Under Secretary is tasked with protecting the204Department's most sensitive information from our adversaries.205This includes ensuring the provision of timely and accurate206intelligence to our forces, overseeing the security clearance207vetting process, guarding against insider threats, and208protecting our industrial base from China's aggressive campaign209of espionage and theft.210    Mr. Hansell served as a Naval officer and an Army Green211Beret. During his distinguished career in uniform, he saw212firsthand that quality intelligence is crucial to executing the213mission. That experience and his work in the private sector214gives me confidence he will do an excellent job. I look forward215to hearing Mr. Hansell outline his priorities for our216intelligence and security enterprise.217    Mr. Earl Matthews has been nominated to be the General218Counsel of the Department of Defense. He has a distinguished219career as a judge advocate in the Army Reserve and the Army220National Guard, serving as the senior headquarters staff judge221advocate for the DC National Guard. Mr. Matthews also brings222extensive civilian government experience. He worked for223Secretary Mattis in 2017 before moving over to the Army General224Counsel Office where he served as acting General Counsel of the225Army.226    President Trump and Secretary Hegseth have taken bold in227this series, steps to reform the Department of Defenses. As we228all know, purposeful and thoughtful reform requires purposeful229and thoughtful lawyers. I'm confident that Mr. Matthews230possesses both qualities. I look forward to hearing his opinion231about what the DOD Office of General Counsel is doing right,232and I want to hear his ideas for how he would do things233differently.234    Mr. Dale Marks has been nominated to be the Assistant235Secretary of Defense for Energy, Installations, and236Environment, a role which ensures the operational readiness and237resiliency of the Department of Defense. If confirmed, Mr.238Marks would oversee the management of military installations239and infrastructure; the bedrock of the safety and well-being of240servicemembers and their families.241    This critical position will play a key part in the242implementation of several reforms from last year's NDAA243[National Defense Authorization Act]. Among them are the244mandate retire requiring the minimum 4 percent plant245replacement value for DOD facilities. Let me repeat that. Among246them are the mandate in the NDAA requiring a minimum 4 percent247plant replacement value for DOD facilities. Leveraging of area-248wide contract authorities, and a review of Biden era green249energy policies that focus more on climate change than on250combat lethality. I look forward to hearing from Mr. Marks251about how he intends to tackle these important issues.252    So, we have a lot to talk about today, and I turn to my253friend and colleague, Ranking Member Reed.254255                 STATEMENT OF SENATOR JACK REED256257    Senator Reed. Thank you very much, Mr. Chairman.258    Welcome, gentlemen. Congratulations on your nominations.259I'd also like to welcome your families and friends who are here260today in support of you, as they have been throughout your261life. I also want to recognize Representative Pfluger who will262introduce Mr. Marks and Mr. Matthews momentarily. Thank you,263sir.264    Mr. Williams, you've been nominated to be the Under265Secretary of Energy for Nuclear Security and Administrator of266the National Nuclear Security Administration, or NNSA. If267confirmed, you'll be responsible for the programs and personnel268responsible for modernizing and overseeing our nuclear269stockpiles and production facilities.270    I'm concerned that the Trump administration has already271undermined this mission. Last month, nearly 200 NNSA nuclear272engineers were abruptly fired, then hastily rehired. Another273150 employees took the deferred retirement option. Just last274week, more than 8,500 employees at the Department of Energy,275about half of the entire workforce, were identified by the276Office of Management and Budget (OMB) to be fired, including277500 NNSA employees. The potential damage to the NNSA and the278threat to the safety of all Americans should be alarming.279    Mr. Williams is a former Congressman, Navy veteran, and280entrepreneur. I would like to know how you will approach this281challenge, and how you'll work to protect the vital workforce282of the NNSA.283    Mr. Hansell, you have been nominated to be Under Secretary284of Defense for Intelligence and Security. If confirmed, you'll285have a dual-hat role as the principal intelligence advisor to286the Secretary of Defense and the Director of Defense287Intelligence in the Office of the Director of National288Intelligence.289    The complexity of the global threat environment we face is290unprecedented. China, Russia, Iran, North Korea, and many other291actors pose serious challenges on national security, and you'll292be responsible for ensuring the defense intelligence enterprise293is equipped with the resources and capabilities it needs to294meet these challenges. These are immensely complicated networks295that we face, but your experience in the Navy, Army, and the296private sector will be valuable in such a complex position.297    Mr. Hansell, I welcome your thoughts about how you intend298to foster your transformation within the intelligence299enterprise, and ensure that the military has timely and300accurate information to defend the Nation.301    Military leaders often say that America's network of allies302and partners is our greatest asymmetric advantage over our303global competitors. If confirmed, you'll be in charge of304managing and facilitating our intelligence relationships with305foreign military partners.306    I fear that many of the actions taken to the President and307just avoidance such as cabinet members discussing classified308information on Signal to eliminating foreign assistance to309placing tariffs on many of our closest allies undermines these310longstanding relationships, and makes it less likely that they311will trust us with their most sensitive information. I hope312you'll lay out your plan for ensuring that our network of313allies and partners remain strong.314    Mr. Matthews you have been nominated by to be the General315Counsel of the Department of Defense. The General Counsel316serves as the chief legal officer of the Department of Defense,317and as the primary legal advisor to the Secretary of Defense.318    If confirmed, you would provide legal advice and counsel on319the full scope of Defense Department missions and320responsibilities. Including the roles and functions of the321military, contracting and acquisitions, military healthcare,322law of armed conflict, military justice, and more. Frankly, I323am concerned about the legality of certain activities the Trump324administration has ordered the military to execute over the325past several months. Public trust in the military can never be326taken for granted, and civilian control of the military is a327sacred duty that must be carried out responsibly.328    Mr. Matthews, you have extensive experience as a judge329advocate in the U.S. Army and the Army National Guard, and I330expect you to always exercise independent professional331judgment, and to give your best legal counsel to the Secretary332of Defense even if, or especially, if that advice is not what333they would want to hear. I would like to know how you'll plan334to demonstrate this ethos and represent all servicemembers with335the professionalism they deserve.336    Finally, Mr. Marks, you have been nominated to be Assistant337Secretary of Defense for Energy, Installations, and338Environment. If confirmed, you'll oversee the defense339Department's physical footprint, provide management of military340installations worldwide, and coordinate environmental safety341and occupational health programs.342    Your extensive background in the U.S. Air Force, managing343infrastructure, testing, logistics, and other issues should344serve you very well. There are a number of significant345challenges you'll need to address. In particular, military346construction has been underfunded for many years, forcing347servicemembers and defense civilians to manage their missions348with inadequate infrastructure. Similarly, enlisted barracks in349the military housing privatization initiative require greater350oversight to meet the standards that our servicemembers and351military families deserve. These are issues that this Committee352has addressed extensively over the years.353    Further, as extreme weather and growing energy demands354impeded readiness, you'll need to pursue new ways to improve355the resilience of military installations and support356operational energy programs to extend the capabilities of our357warfighters. Mr. Marks, I welcome your thoughts on how you'll358address each of these interrelated challenges.359    I thank the nominees, again, for your willingness to serve360our Nation. I look forward to your testimony. Thank you very361much, Mr. Chairman.362    Chairman Wicker. Thank you, Senator Reed. I very much363appreciate that. Mr. Matthews, I see that one of my good364friends and colleagues from the House of Representatives August365Pfluger has humbled himself to come over here to the366    U.S. Senate and introduce you. We very much appreciate the367effort of Representative Pfluger, and I now turn to him for368whatever remarks he may make.369370  STATEMENT OF HON. AUGUST PFLUGER, U.S. REPRESENTATIVE FROM371                      TEXAS, 11TH DISTRICT372373    Representative Pfluger. Thank you, Chairman Wicker, and374Ranking Member Reed, and all the distinguished Members of this375Committee for allowing me to be here today.376    It truly is an honor to introduce my dear friend and former377colleague from the National Security Council staff, Earl378Matthews. Earl is President Trump's nominee to be the next379General Counsel of the Department of Defense, and I380wholeheartedly believe that he is the right person at the right381time with the right skillset to fill this critical national382security role. I would urge his swift confirmation.383    I've known Earl for 6 years now, and we first met when he384was the senior director for defense on the National Security385Council, and he took a chance on hiring me. Do not let that in386any way cloud your judgment on him. He is a great person. But387during this time, I've witnessed Earl's successful leadership388capabilities firsthand as he led a handpicked 11-person team of389civilian and military professionals charged with advancing the390President's defense policy agenda through the interagency.391    In fact, Earl, was instrumental in establishing the U.S.392Space Force, one of the most visionary and transformative393decisions for our national security. Despite facing significant394resistance within the Pentagon Bureaucracy, Earl led the charge395on behalf of President Trump to make this vision a reality.396    Earl's story is one of resilience, one of dedication, and397service. Born in Philadelphia into a family with a proud398generational tradition of military service, he faced adversity399early in life when he lost his mother shortly after his birth.400He was raised by his maternal aunt, Marietta, a retired401Pennsylvania government employee, whose guidance and support402undoubtedly shaped the man he is today.403    She is here today alongside her husband and so many of404Earl's family members and friends and they're that they are405here to show their unwavering support. They're directly behind406us. I can't think of a more proud and affirming statement than407to have your own family and your own friends at a confirmation408hearing of this importance.409    I can say without a reservation that there is no one more410qualified or more deserving to serve as General Counsel of the411Department of Defense than Earl Matthews, who has served with412character, with integrity, and with dedication that is413worthwhile of our great national security enterprise and of the414Department of Defense.415    Chairman, Ranking Member, thank you for allowing me to416introduce my good friend, someone who is incredibly qualified417to fill this position. I yield back.418    Chairman Wicker. Thank you, Representative Pfluger. We very419much appreciate it, and thank you for pointing out the friends420and family members who are present. We welcome them and hope421that they enjoy the hearing. So, Representative Pfluger, you422are free to go. You're welcome to stay, but I know you're very,423very busy. We do appreciate your input.424    I now turn to my distinguished colleague, Senator Scott,425who I understand will be saying some words of support for Mr.426Marks. Senator Scott, you are recognized.427428                STATEMENT OF SENATOR RICK SCOTT429430    Senator Scott. Chairman Wicker, Ranking Member Reed, and431Members of this Committee. It's a great honor to introduce Mr.432Dale Marks to be the next Assistant Secretary of Defense for433energy installation environment. I'll also like to recognize434his wife Patty and his son Tony, who are here to support Mr.435Marks.436    This role is crucial in ensuring the readiness of our437military installations success of our energy policies, and the438resilience of our services. In Mr. Marks, President Trump chose439a leader who could deliver for Americans and for the men,440women, and families of our Armed Forces.441    Mr. Marks is a former fighter pilot and a combat wounded442veteran. After his distinguished military career, he continued443his service in a civilian capacity where he rose to the ranks444of the senior executive service. He's currently serving as the445executive director of the 96-Test Wing Air Force Material446Command at Eglin Air Force Base in the great State of Florida.447    In and out of uniform, Dale has demonstrated his ability to448build teams, promote accountability, and make decisions,449prioritizing long-term success. The issues that the Department450of Defense face are not just military challenges, they're451leadership and oversight issues. This position is essential to452ensuring that our military installations remain strong, our453energy policies support mission success and our environmental454strategies enhance, not hinder operational readiness and455support peace through strength. At a time when global energy456security and resilient infrastructure are paramount, we need a457leader who understands both the strategic and operational458challenges facing our military and the implications of high-459level decisions to the folks on the ground. Mr. Mark's460professional record, broad expertise, deep experience, and461proven commitment to our Nation, make him exceptionally well462qualified for this position. Working with President Trump, the463Secretary of Defense, and the entire administration, he will464keep our forces ready and prepared to protect and serve.465    I urge this committee to fully consider and support his466nomination, and look forward to his testimony today.467Congratulations.468    Chairman Wicker. Thank you very, very much, Senator. We,469appreciate it. Now we will hear opening statements by each of470our nominees, and without objection, we will take them in the471order of Mr. Williams, then Mr. Hansell, then Mr. Matthews, and472finally, Mr. Marks. Mr. Williams, you'll recognized for your473opening statement, sir.474475STATEMENT OF HON. BRANDON M. WILLIAMS TO BE UNDER SECRETARY OF476                  ENERGY FOR NUCLEAR SECURITY477478    Mr. Williams. Chairman Wicker, Ranking Member Reed, thank479you for inviting me to be considered by this Committee for this480important position. Also, thank you, Senator Fischer. I know481that the mission of the NNSA is near and dear to your heart as482well as you Senator King. Thank you, all of the distinguished483Members of this critically important Committee. It's truly an484honor to appear to appear before you today.485    I'd like to offer my appreciation to President Trump for486nominating me. I'm honored and grateful to be considered, and487if confirmed, I will work diligently to strengthen the488capability, credibility, and communication of our strategic489deterrence. I share the President's commitment to peace through490strength and look forward to serving on our energy Secretary491Chris Wright's leadership.492    I would like to recognize my family who could attend493today's hearing. First, my beloved wife, Stephanie of 32 years494as a Navy Ensign. I asked her father an Army colonel with three495bronze stars and two Vietnam combat tours, if I could have his496daughter's hand in marriage. Stephanie has outranked me ever497since.498    As a child, she lived in Germany during her father's499battalion command, which protected the most critical territory500in Europe, the Fulda Gap. Stephanie experienced firsthand the501Soviet threat and the specter of nuclear war. I can say that we502both have a visceral understanding of the importance of503strategic deterrence. I'm pleased also that my son Marshall,504our son Marshall, could be present today.505    At the Department of Energy (DOE), the National Nuclear506Security Administration has functioned in relative obscurity507for many decades but has recently been thrust back into the508public consciousness. In my estimation, the men and women of509the NNSA comprise one of the greatest scientific and510engineering organizations in human history. They are511exceptional machinists, technicians, marksmen, logisticians,512engineers, computer and data scientists, physicists, and513weapons designers.514    This workforce, since the Manhattan Project, continues to515ensure the safety, security, reliability, and effectiveness of516our nuclear stockpile. If given the opportunity to lead this517extraordinary organization, I will do so humbly, in the shadow518of great Americans like Admiral Rickover, Ernest Lawrence, and519Robert Oppenheimer.520    I have watched many hours of questioning and testimony from521this Committee, and I know that you're aware the hour is late522and the need is urgent to restore our nuclear weapons523enterprise. During your hearings, I've repeatedly heard the524concerns of our military commanders, of our strategic forces.525This Committee has provided critical bipartisan leadership and526keen foresight to respond to the growing threat from China,527Russia, and others.528    You have set in motion the necessary modernization efforts.529Respect is also due to my colleagues and my friends in the530House of Representatives. As a Member of Congress, I served as531the chairman of the Energy Subcommittee for the Science Space532and Technology Committee, where I had oversight over our533prestigious DOE National Labs and was privileged to visit many534of them.535    Independent of my committee obligations, I actively sought536briefings from NNSA leadership and staff on the challenges and537needs of maintaining and strengthening our strategic deterrence538posture. I am aware of the many historic challenges that NNSA539now faces. Again, it's with humility that I ask to be entrusted540with this important mission.541    I am deeply committed to America's strategic deterrence. In542May, 1989, I witnessed firsthand the student protests in543Tiananmen Square, and later that fall, enrolled in an544introductory class on strategic deterrence and soon volunteered545for nuclear submarine duty. During my nearly 6 years of Navy546Service, I made six strategic deterrence patrols in the547Pacific, aboard the ballistic missile submarine, USS Georgia.548On board, I served as the strategic missile officer, nuclear549weapons safety officer, nuclear weapons security officer, and550nuclear weapons radiological controls officer. I was551responsible for the launch codes on Georgia, and for thousands552of hours, I supervised the submarine's nuclear reactor and553engine room operations.554    I then completed a master's degree at the Wharton School in555Operations and Finance, and later co-founded a software company556dedicated to modernizing industrial manufacturing. My mission,557if confirmed by this esteemed body, is to accelerate the558restoration of our nuclear weapons enterprise, rebuild trust559with Congress, and within NNSA's customers, the Department of560Defense, STRATCOM, the Department of State and others, and561prioritize strengthening the relationships with our nuclear562assurance partners overseas.563    The U.S. Department of Energy and NNSA will continue to564meet the strategic defense mission of this Nation and of our565allies as the world grows more perilous through nuclear566proliferation. If confirmed, I will work to keep nuclear567materials out of the hands of bad actors and to protect568Americans at Home from nuclear terrorism.569    I am truly humbled to be considered, and look forward to570answering your questions.571    [The prepared statement of The Honorable Brandon M.572Williams follows:]573574        Prepared Statement by The Honorable Brandon M. Williams575    Chairman Wicker, Ranking Member Reed, thank you for inviting me to576be considered by this committee for this important position. Also,577thank you, Senator Fischer--I know that the mission of the NNSA is near578and dear to your heart. And thank you to all of the distinguished579Members of this critically important Committee; it is truly an honor to580appear before you today.581    I would like to offer my appreciation to President Trump for582nominating me. I am honored and grateful to be considered, and if583confirmed, I will work diligently to strengthen the capability,584credibility, and communication of our strategic deterrence. I share the585President's commitment to peace through strength and look forward to586serving under Energy Secretary Wright's leadership.587    I would like to recognize my family who could attend today's588hearing. First is my beloved wife, Stephanie, of 32 years. As a Navy589Ensign, I asked her father--an Army Colonel with three Bronze Stars and590two Vietnam combat tours--if I could have his daughter's hand in591marriage. Stephanie has outranked me ever since. As a child, she lived592in Germany during her father's battalion command which protected the593most critical territory in Europe--the Fulda Gap. Stephanie experienced594firsthand the Soviet threat and the specter of nuclear war. We both595have a visceral understanding of the importance of strategic596deterrence.597    I am pleased that our son, Marshall, could also be present today.598    At the Department of Energy, the National Nuclear Security599Administration has functioned in relative obscurity for many decades600but has recently been thrust back into the public consciousness. In my601estimation, the men and women of the NNSA comprise one of the greatest602scientific and engineering organizations in human history. They are603exceptional machinists, technicians, marksmen, logisticians, engineers,604computer and data scientists, physicists, and weapons designers. This605workforce, since the Manhattan Project, continues to ensure the safety,606security, reliability, and effectiveness of our nuclear stockpile. If607given the opportunity to lead this extraordinary organization, I will608do so humbly, in the shadow of great Americans like Admiral Rickover,609Ernest Lawrence, and Robert Oppenheimer.610    I have watched many hours of questioning and testimony from this611committee, and I know that you are aware that the hour is late and the612need is urgent to restore our nuclear weapons enterprise. During your613hearings, I have repeatedly heard the concerns of the military614commanders of our strategic forces. This committee has provided615critical bipartisan leadership and keen foresight to respond to the616growing threat from China, Russia, and others. You have set in motion617the necessary modernization efforts. Respect is also due to your618colleagues and my friends in the House of Representatives.619    As a Member of Congress, I served as the Chairman of the Energy620Subcommittee for the Science, Space, and Technology Committee, where I621had oversight over our prestigious DoE National Labs and was privileged622to visit many of them. Independent of my committee obligations, I623actively sought briefings from NNSA leadership and staff on the624challenges and needs of maintaining and strengthening our strategic625deterrence posture. I am aware of the many historic challenges that626NNSA now faces. Again, it is with humility that I ask to be entrusted627with this important mission.628    I am deeply committed to America's strategic deterrence. In May6291989, I witnessed firsthand the student protests in Tiananmen Square630and, later that fall, enrolled in an introductory class on Strategic631Deterrence and soon volunteered for nuclear submarine duty. During my632nearly 6 years of Navy service, I made six strategic deterrence patrols633in the Pacific aboard the ballistic missile submarine USS Georgia. On634board, I served as the strategic missile officer, nuclear weapons635safety officer, nuclear weapons security officer, and nuclear weapons636radiological controls officer. I was responsible for the launch codes637on Georgia and, for thousands of hours, supervised the submarine's638nuclear reactor and engine room operations.639    I then completed a Master's degree at the Wharton School in640Operations and Finance and later co-founded a software company641dedicated to modernizing industrial manufacturing.642    My mission, if confirmed by this esteemed body, is to accelerate643the restoration of our nuclear weapons enterprise, rebuild trust with644Congress and with NNSA's customers--the Department of Defense,645STRATCOM, the Department of State, and others--and prioritize646strengthening the relationships with our nuclear assurance partners647overseas. The U.S. Department of Energy and NNSA will continue to meet648the strategic defense mission of this Nation and our allies.649    As the world grows more perilous through nuclear proliferation, if650confirmed, I will work to keep nuclear materials out of the hands of651bad actors and to protect Americans at home from nuclear terrorism.652    I am truly humbled by this consideration and look forward to653answering your questions.654655    Chairman Wicker. Thank you very, very much, Representative656Williams. Mr. Hansell.657658 STATEMENT OF MR. BRADLEY D. HANSELL TO BE UNDER SECRETARY OF659             DEFENSE FOR INTELLIGENCE AND SECURITY660661    Mr. Hansell. Chairman Wicker, Ranking Member Reed, and662distinguished Members of this Committee, thank you for the663opportunity to appear before you today and for your664consideration of my nomination to be the Under Secretary of665Defense for Intelligence and Security.666    I would like to thank President Trump, and Secretary667Hegseth, for the trust and confidence they have placed in me.668    Nearly 5 years ago, I was honored by this Committee's669strong bipartisan support for my nomination to be the Deputy670Under Secretary. While the full Senate was not able to hold a671floor vote before the election, I'm here today to earn your672broad support for my nomination as the Under Secretary.673    My first inspiration to serve this country started with674those in my family who served before me. For three generations,675my family has sworn to protect and defend the Constitution. I676will always recall my grandfather's pride when speaking about677his service as a young sailor in the Pacific. Both of his sons678became Naval officers, and both of my brothers, here today,679currently serve. Michael is a civilian with the Navy, and my680brother Brian, currently commands in the Marine Corps F-35681Squadron.682    My commitment and passion for service deepened with my own683as both a Naval officer and an Army Special Forces officer. One684of the most powerful driving factors of my life came from the685privilege of commanding soldiers in combat. I felt there686existed a social contract that some of the most impressive men687and women of our country would do what is asked when it's asked688with incredible risk to their own lives. In return, their689leaders hold the secret responsibility to do everything in690their power to ensure, when necessary, it's the right decision691and every possible advantage is afforded to them.692    My role to fulfill this responsibility in uniform ended693after being wounded in Afghanistan. I am beyond grateful for694the opportunity, if confirmed, to work tirelessly in support of695that same contract and with it, the warfighter.696    I would like to thank my truly exceptional wife, who's with697me today, who impresses me every day in her own right for her698willingness to sacrifice in support of this cause. As well as699Connor, our 1-year-old son, who we hope someday gets to feel700the joy of serving a cause greater than himself.701    I believe the combination of experiences in my career have702made me uniquely qualified to drive meaningful impact in this703role. My deep understanding of intelligence ranges from the704tactical to strategic level. As a Green Beret, my team705conducted the entire intelligence cycle to include the706development and utilization of intelligence sources, which I707then relied on when planning and leading combat missions. I708know the value of getting it right, and the human price of709getting it wrong.710    As a senior director on the NSC staff, I leveraged711intelligence in the formulation of policy, and led efforts in712my portfolio to address the responsiveness of the IC713[Intelligence Community] and foundational coordination714challenges between IC components. In the private sector I715leveraged my leadership and business operations expertise to716advise companies on improving performance. As a leader in the717BCG's [Boston Consulting Group] public sector practice. I also718had the opportunity to apply industry best practices to the719very unique government domain, as we partnered with leaders in720both the DOD and the IC to address their challenges.721    Effective management of the Defense Intelligence and722Security Enterprise is essential, and we must align efforts to723maximize effects down range and return on our investment. This724includes ensuring we have the right technology and725organizational structure to enable our personnel--some of726America's best--to increase their impact in today's operational727environment, and to position the enterprise for the rapidly728changing landscape of the future.729    We must better enable intelligence to inform Department730investments, effectively matching capabilities with threats.731With program costs incredibly high--and the cost of732misallocation on the modern battlefield even higher--the733premium on intelligence effectively informing the entire734acquisition lifecycle is at an all-time high.735    Last, we must ensure the Department has all the tools736required to most effectively compete along the full continuum737of conflict. Our adversaries are increasingly conducting malign738activity below a threshold that has traditionally triggered a739military response. Enhancing our Irregular Warfare capabilities740will allow us to provide risk-informed options to better741compete short of armed conflict and re-establish deterrence in742line with the Secretary's priority. I believe offensive cyber743capabilities and an increased focus on Defense HUMINT [human744intelligence] are areas for opportunity. Finally, offensive745counterintelligence efforts are essential and imposing a cost746on our adversaries.747    If confirmed, I look forward to implementing these efforts,748and serving the amazing men and women of the enterprise to749support the Secretary's priorities. In closing, I'm deeply750committed to working with this Committee and with Congress to751provide information needed to carry out oversight752responsibilities.753    Thank you for your time today and consideration of my754nomination. I look forward to your questions.755    [The prepared statement of Mr. Bradley D. Hansell follows:]756757              Prepared Statement by Mr. Bradley D. Hansell758    Chairman Wicker, Ranking Member Reed, and distinguished Members of759this Committee, thank you for the opportunity to appear before you760today and for your consideration of my nomination to be the Under761Secretary of Defense for Intelligence and Security.762    I would like to thank President Trump and Secretary Hegseth for the763trust and confidence they have placed in me.764    Nearly 5 years ago, I was honored by the Committee's strong765bipartisan support for my nomination to be the Deputy Under Secretary.766While the full Senate was not able to hold a floor vote before the767election, I am here today to earn your broad support for my nomination768as the Under Secretary.769    My first inspiration to serve this country started with those in my770family who served before me. For three generations, my family has sworn771to protect and defend the Constitution. I will always recall my772grandfather's pride when speaking about his service as a young sailor773in the Pacific. Both of his sons became Naval Officers and both of my774brothers, here today, currently serve. Michael is a civilian with the775Navy; and Brian is currently commanding a Marine Corps F-35 squadron.776    My commitment and passion for service deepened with my own, as both777a Naval Officer and an Army Special Forces Officer. One of the most778powerful driving factors of my life came from the privilege of779commanding soldiers in combat. I felt there existed a social contract,780that some of the most impressive and brave men and women of our country781would do what is asked, when it's asked, with incredible risk to their782own lives. In return, their leaders hold a sacred responsibility to do783everything in their power to ensure, when necessary, it's the right784decision and every possible advantage is provided to them.785    My role to fulfill this responsibility in uniform ended after being786wounded in Afghanistan. I am beyond grateful for the opportunity, if787confirmed, to work tirelessly in support of that same contract, and788with it the warfighter.789    I would like to thank my truly exceptional wife, who impresses me790every day in her own right, for her willingness to sacrifice in support791of this cause. As well as Connor, our 1-year-old son, who we hope792someday gets to feel the joy of serving a cause greater than himself.793    I believe the combination of experiences in my career has made me794uniquely qualified to drive meaningful impact in this role. My deep795understanding of intelligence ranges from the tactical to strategic796level. As a Green Beret, my team conducted the entire intelligence797cycle, to include the development and utilization of intelligence798sources, which I then relied on when planning and leading combat799missions. I know the value of getting it right and the human cost of800getting it wrong. As a Senior Director on the NSC staff, I leveraged801intelligence in the formulation of policy and led efforts in my802portfolio to address the responsiveness of the IC and foundational803coordination challenges between IC components. In the private sector, I804leveraged my leadership and business operations expertise to advise805companies on improving performance. As a leader in Boston Consulting806Group's public sector practice, I also had the opportunity to apply807industry best practices to the unique government domain, as we808partnered with leaders in both the DOD and IC to address their809challenges.810    Effective management of the Defense Intelligence and Security811Enterprise is essential, and we must align efforts to maximize effects812downrange and the return on our investment. This includes ensuring we813have the right technology and organizational structure to enable our814personnel--some of America's best--to increase their impact in today's815operational environment, and to position the enterprise for the rapidly816changing landscape of the future.817    We must better enable intelligence to inform Department818investments, effectively matching capabilities with threats. With819program costs incredibly high--and the cost of misallocation on the820modern battlefield even higher--the premium on intelligence effectively821informing the entire acquisition life cycle is at an all-time high.822    Last, we must ensure the Department has all the tools required to823most effectively compete along the full continuum of conflict. Our824adversaries are increasingly conducting malign activity below a825threshold that has traditionally triggered a military response.826Enhancing our Irregular Warfare capabilities will allow us to provide827risk-informed options to better compete short of armed conflict and re-828establish deterrence. I believe offensive cyber capabilities and an829increased focus on Defense HUMINT are areas for opportunity. Finally,830offensive counterintelligence efforts are essential in imposing a cost831on our adversaries.832    If confirmed, I look forward to implementing these efforts and833serving the amazing men and women of the enterprise in support of the834Secretary's priorities.835    In closing, I am committed to working closely with this Committee836and with Congress to provide the information needed to carry out837oversight responsibilities.838    Thank you for your time today, and consideration of my nomination.839I look forward to your questions.840841    Chairman Wicker. Thank you very much, Mr. Hansell. Thank842you for your service, and as a matter of fact, you were843severely injured in combat in Afghanistan, and it's somewhat of844a miracle that you're here. We commend you for your service,845and we are we commend those caregivers, and medical personnel846that helped you recover. So, thank you for your testimony.847    Mr. Matthews, you are next, and you're recognized.848849STATEMENT OF MR. EARL G. MATTHEWS TO BE GENERAL COUNSEL OF THE850                     DEPARTMENT OF DEFENSE851852    Mr. Matthews. Chairman Wicker, Ranking Member Reed, and853distinguished Members of the Committee, good morning. Thank you854for the opportunity to appear before you today as the855President's nominee to serve as the General Counsel of the856Department of Defense. It is a high honor and distinct857privilege to be considered for this role.858    I'm sincerely grateful for the kind introductory remarks of859my dear friend, Congressman August Pfluger. I'm also deeply860appreciative of the many friends and family members present861today, in support of my nomination. I do want to recognize my862wife, Tyra, whose love and support is instrumental to me being863here today. I also must give special recognition to my aunt,864Marietta Matthews Alston, my mother's sister, who raised me as865her own child, upon my mother's death when I was less than 1866month old.867    I'm deeply grateful to President Trump for the special868trust and confidence he has reposed in me by my nomination. I'm869also thankful to the Secretary of Defense, Pete Hegseth, for870his continued support and trust. If confirmed by the Senate, my871lodestar will be to ensure that the military and policy872objectives of the President and the Secretary of Defense are873achieved in a manner consistent with the Constitution and laws874of the United States.875    My commitment to you, if confirmed, is that the DOD876enterprise writ large will receive timely and accurate legal877advice and counsel to ensure that all activities and operations878of the Department are conducted in accordance with applicable879law, including the Law of Armed Conflict relative to the880conduct of combat operations.881    My commitment to the role for which I have been nominated882is undergirded by my family's long lineage of service to the883United States. Our legacy of military service dates back to the884Civil War. At least one member of my family has served on885Active Duty in uniform during every conflict in which our886country has participated from World War I through the recent887conflicts in Iraq and Afghanistan,888    I am named after my maternal grandfather, who was a soldier889in the United States Army. All three of my maternal uncles890served in the Armed Forces of the United States. Both of my891mother's older brothers served in combat during the Vietnam892War. One, my uncle, Norman Matthews, a retired career non-893commissioned officer in our United States Air Force is with us894here today. I spent my summers visiting my Uncle Norman at895various military installations across the United States and896gained an appreciation for military life.897    As a boy, however, the male role model most present in my898life and the person who most shaped and influenced the person899that I am today was my uncle, Russell B. Matthews. My uncle900Russ was an 0311 marine who graduated from recruit training at901Paris Island as an 18-year-old in 1966, who served a combat902tour in the Republic of Vietnam.903    After his 4 years in the Marine Corps, he returned home to904Philadelphia and spent a full career as an employee of the905United States Postal Service. He instilled in his eldest nephew906a love of books and a love of country. My two uncles and other907combat veterans in my inner city Philadelphia neighborhood908inspired me to want to serve our country as they did. I applied909for a Reserve commission in the Army JAG Corps in 1998 when I910was a third-year student at the Harvard Law School.911    I joined our army because I believe in this fundamental912mission to fight and win the Nation's wars. I have been a913member of both the profession of arms and the profession of law914for over 25 years. I spent over four of those years deployed to915combat or hazardous duty zones as a member of the 22d Civil916Affairs Battalion attached to the 3d Infantry Division917(Mechanized).918    I crossed the berm from Kuwait into Iraq in March 2003 and919was one of the first Army lawyers to reach Baghdad on April 8th920of that year, 22 years ago today. I spent my first tour in Iraq921working under the Coalition Provisional Authority to rebuild922the Iraqi Judiciary post-Saddam, and I served as a legal923advisor at a detention facility in Baghdad, where I saw Iraqi924and third-country national detainees being treated with925humanity, dignity, and respect as required by the Law of Armed926Conflict, and that is the standard for our forces.927    I routinely interacted with the International Committee of928the Red Cross during my time in Baghdad. My first tour in Iraq929enhanced my understanding of the critical role played by DOD930lawyers and expanding and sustaining the rule of law. I remain931firmly and deeply committed to the rule of law.932    I have been privileged to serve as a judge advocate during933operational deployments to Bosnia, twice to Iraq, to934Afghanistan, and to the Horn of Africa. Additionally, I have935served a civilian tour in Afghanistan as an intelligence936officer, working closely with interagency partners in support937of the joint warfighter.938    I have completed additional assignments as a military939lawyer in both the Office of the Judge Advocate General (JAG)940of the Army, in the office of the legal counsel to the Chairman941of the Joint Chief of Staff. In the civilian capacity. I have942served as a career DOD attorney at the Defense Intelligence943Agency and as a senior political appointee in my role as944Principal Deputy General Counsel and acting General Counsel of945the Department of the Army, the largest component within DOD.946    In my previous roles, I have been privileged to work with947the consummate legal professionals of the Office of General948Counsel of the Department of Defense, and to have collaborate949later collaborated with that office on numerous legal issues. I950have interacted professionally with nearly every person who has951served as DOD General Counsel or acting General Counsel over952the last 22 years. I revere the office and hold its mission953sacrosanct.954    If confirmed, it'll be my honor as a temporary custodian to955preserve an advance the DOD OGC mission in support of our956Constitution and laws, in support of the men and women of the957Department, both military and civilian of their families, and958of the American people that Department of Defense exist to959protect.960    If confirmed, I'm also committed to working with this961Committee and its staff to ensure that the Congress is fully962and currently informed of the activities, initiatives, and963operations of the Department of Defense.964    Thank you again for allowing me to be here today. I welcome965your questions.966    [The prepared statement of Mr. Earl G. Matthews follows:]967968               Prepared Statement by Mr. Earl G. Matthews969    Chairman Wicker, Ranking Member Reed, distinguished Members of the970Committee, good morning. Thank you for the opportunity to appear before971you today as President Trump's nominee to serve as the General Counsel972of the Department of Defense. It is a high honor and distinct privilege973to be considered for this role. I'm sincerely grateful for the kind974introduction by my dear friend and former teammate on the National975Security Council staff, Congressman August `Pfoto' Pfluger I have too976many friends present today in support of my nomination to acknowledge977everyone by name, however, you know who you are and I deeply978appreciative of each of you for being here. I do want to recognize my979wife Tyra, without whose love and support I would not be here today. I980must also give special recognition to my aunt, Marietta Matthews-981Alston, my mother's sister. Aunt Marietta raised me as her own child982upon my mother's death when I was a less than 1 month old infant. I983want to recognize her husband, my dear Uncle Ken Alson, his brother my984Uncle David Alston, my uncle Norman Matthews, a Vietnam-Veteran and985retired career non-commissioned officer in the USAF, his wife my Aunt986Brenda Matthews, my aunt Paula Gilmore and her husband Leroy Handy.987    I am grateful to the President for the special trust and confidence988he has reposed in me by this nomination. I am also thankful to989Secretary of Defense Pete Hegseth for his support and trust.990    I first began working for then candidate Donald J. Trump on the991pre-election Department of Defense transition team in the summer of9922016. I was then and I remain today inspired by the President's America993First, Peace through Strength national security agenda. If confirmed by994the Senate, my lodestar will be to ensure that the military and policy995objectives of the President and the Secretary of Defense are achieved996in a manner consistent with the Constitution and laws of the United997States. My commitment to you, if confirmed, is that the DOD enterprise998writ large will receive timely and accurate legal advice and counsel to999ensure that all activities and operations of the Department are1000conducted in accord with the law.1001    My commitment to the role for which I have been nominated is1002undergirded by my family's long lineage of service to the United1003States. Our legacy of military service dates back to the Civil War. At1004least one member of my family has served on active duty in uniform1005during every conflict in which our country has participated from World1006War I through the recent conflicts in Iraq and Afghanistan. I am named1007after my maternal grandfather who was a soldier in the United States1008Army. All three of maternal uncles served in the Armed Forces of the1009United States. Both of my mother's older brothers served in combat1010during the Vietnam War. As a boy, the male role model in my life and1011the person who most shaped and influenced the person I am today was my1012uncle, Russell B. Matthews. Uncle Russ was an O-3-11 Marine who1013graduated from Paris Island as a 18 year old in 1966 and who served a1014tour in the Republic of Vietnam. After his 4 years in the Marine Corps,1015he returned home to Philadelphia and spent a full career as an employee1016of the U.S. Postal Service. He instilled in his oldest nephew a love of1017books and a love of country. My 2 uncles and other combat veterans in1018my inner city Philadelphia neighborhood inspired me to want to serve1019our country as they did. My service as a military officer has been the1020realization of a boyhood dream. I applied for a reserve commission in1021the Army JAG Corps in 1998 when I was a third-year student at the1022Harvard Law School. I joined our Army fundamentally because of1023patriotism, because I believe in our Army's foundational mission, to1024fight and win the Nation's wars and because, although I abhor war, I1025knew that if our country ever did go to war, I wanted to be in it.1026    I have been a member of both the Profession of Arms and the1027Profession of Law for over 25 years. As a member of a forward deployed1028civil affairs battalion attached to the 3d Infantry Division1029(Mechanized), I crossed the berm from Kuwait into Iraq in March 20031030and was one of the first Army lawyers to reach Baghdad during the first1031week of April of that year. I spent my first tour in Iraq detailed as1032an Operations Officer assigned to the Coalition Provisional Authority's1033Ministry of Justice Advisory Team and as a legal adviser at a major1034detention facility in Baghdad. My first tour in Iraq enhanced my1035understanding of the critical role of DOD lawyers in expanding and1036sustaining the rule of law. This devotion to the rule of law has not1037abandoned me since. I have been privileged to serve as a uniformed1038judge advocate in deployments to Bosnia-Herzegovina, Iraq twice,1039Afghanistan, and to the Horn of Africa. I served an additional civilian1040tour in Afghanistan as an intelligence officer working closely with1041interagency partners in support of the American War fighter Throughout1042my military and civilian careers it has been my privilege to serve in1043the company of and in direct support of American heroes. I have served1044additional stateside tours a uniformed attorney in both the Office of1045the Judge Advocate General of the Army and the Office of the Chairman1046of the Joint Chiefs of Staff. In a civilian capacity, I have served as1047a career DOD civilian attorney at the Defense Intelligence Agency and1048as senior political appointee in my role as Principal Deputy General1049Counsel and Acting General Counsel of the Department of the Army. I1050have additionally served in a non-legal policy coordination role as1051Deputy Assistant to the President and Senior Director for Defense on1052the NSC staff at the White House.1053    In all of my previous roles, it has been my good fortune to1054interact with the highly skilled men and women of the Office of the1055General Counsel of the Department of Defense and to have worked with1056attorneys in that office closely, especially during my service on the1057Joint Staff, the Army Office of General Counsel and the NSC staff.1058Indeed the first actual General Counsel of the Department I met was1059William J. Haynes in Baghdad in the summer of 2003. I have interacted1060in at least some way with nearly every person who has served as DOD1061General Counsel since. I revere the office and hold its mission1062sacrosanct. If confirmed, it will be my honor to preserve and advance1063that mission in support of our Constitution, in support of the men and1064women of the Department, both military and civilian, their families and1065the American people that the Department exists to protect. If1066confirmed, I am also committed to working with this committee and its1067staff to ensure the Congress is fully and informed of the activities,1068initiatives and operations of the Department of Defense. Thank you1069again for allowing me to be here today. I welcome your questions.10701071    Chairman Wicker. Thank you, Mr. Matthews. Mr. Marks.10721073  STATEMENT OF MR. DALE R. MARKS TO BE ASSISTANT SECRETARY OF1074       DEFENSE FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT10751076    Mr. Marks. Chairman Wicker, Ranking Member Reed, and1077distinguished Members of this Committee, it is an honor to be1078considered for the role of Assistant Secretary of Defense for1079Energy, Installations, and Environment. I'm incredibly humbled1080by the opportunity.1081    Thank you to Senator Scott for his gracious introduction,1082unwavering support for the Florida Defense communities where1083I've had the privilege of serving for the past 8 years. I'm1084deeply grateful to President Trump for his trust and confidence1085in me. I especially want to thank Secretary Hegseth for his1086laser-focused efforts on behalf of our warfighters.1087    Three factors motivate me to serve this Nation and its men1088and women in uniform. The first is my faith and trust in1089Almighty God and the provision of his endless grace in my life.1090All glory is his. The second is my family, starting with my1091beautiful wife, Patty, who has stood by my side through far1092more than anyone should ever ask. My son, Tony, also here1093today, who inspires me with his creativity and perseverance1094daily. Then my three other children who could not be here1095today; Michelle, Kristen, and Robert, and their amazing1096spouses. I am continually impressed by the servant leaders they1097have become, and then of course, I must mention the blessings1098of four grandchildren. I also want to thank my many friends and1099colleagues who have helped me in my journey to this moment.1100    The third factor is a deep and abiding love for our great1101Nation. I've spent more than half my life serving our country,1102with almost a third of that deployed in combat to some far-off1103land, even as the civilian in support of our national defense.1104I've had the immense privilege of serving tours at the1105Pentagon, combating commands, major commands, and sub commands,1106and as I do today, leading at the installation level, I've also1107served alongside all our service partners and numerous allies1108to defend our Nation.1109    It is a privilege to be asked to continue to serve in this1110capacity. The Department of Defense under President Trump is1111committed to achieving peace through strength. This is our1112solemn mission. The strength and lethality of our military is1113built not only on the weapon systems that defend us, but also1114on the readiness of our servicemembers and their families to1115accomplish this mission.1116    To that end, it confirmed, three fundamental principles1117will guide me. I'm a fighter pilot. I have to keep it simple.1118The first is to protect the mission. The second is to take care1119of our people, and the third is to partner for success.1120Protecting the mission means addressing a wide range of1121emerging threats to the Homeland and our energy supply. We1122cannot reliably provide the energy and fuel emission requires1123and expect to modernize our facilities as well. If we continue1124to do things the same way we always have.1125    Holding the status quo got us to where we are today. So,1126it's going to take a new mindset and a new collective approach1127to see different results. Many people believe change is hard,1128and I would submit change is hard because resistance to change1129is too easy. We must tackle these incredibly difficult1130challenges to mission assurance with expanded opportunities to1131enhance our readiness and resilience while faithfully1132stewarding the natural resources entrusted to us.1133    The second is taking care of our people. This is more than1134just quality life. This, to me, is a readiness issue. I know1135firsthand that our warfighters cannot deliver 100 percent of1136their effort to the mission if they're required to deal with1137safety and health challenges in their homes. They cannot wonder1138if the buildings they work in have functioning plumbing or that1139the cyber-systems and electricity are going to fail. I'm1140committed to fixing these things now to ensure our critical1141installation assets globally serve as a force enabler,1142providing a distinct advantage to our warfighters over our1143adversaries.1144    Third is partnering for success. The DOD exists in over 8001145locations around the globe. This means we need to be good1146community partners. Working with both our civic and business1147leaders to improve the resilience of our military installations1148inside and outside the fence line. These partnerships promote1149the value of military installations and strengthen communities1150and states through collaborative planning and implementation in1151support of America's military.1152    I commit that, if confirmed, I will work tirelessly to1153apply these principles to prioritize limited resources to1154enhance the warfighting capacity and lethality that will deter1155and if called upon defeat our adversaries. Finally, if1156confirmed, I will work with this Committee and this Congress to1157provide our Armed Forces with the capabilities needed to defend1158and protect our homeland.1159    Thank you and I look forward to your questions.1160    [The prepared statement of Mr. Dale R. Marks follows:]11611162                Prepared Statement by Mr. Dale R. Marks1163    Chairman Wicker, Ranking Member Reed, and distinguished members of1164this Committee, it is an honor to be considered for the role of1165Assistant Secretary of Defense for Energy, Installations, and1166Environment.1167    I am incredibly humbled by this opportunity. Thank you, Senator1168Scott, for your gracious introduction and unwavering support for the1169Florida defense communities where I have had the privilege of serving1170for more than 8 years.1171    I am deeply grateful to President Trump for his trust and con.dence1172in me. I especially want to thank Secretary Hegseth for his laser-1173focused efforts on behalf of our war.ghters.1174    Three factors motivate me to serve this Nation and its men and1175women in uniform. The .rst is my faith and trust in Almighty God and1176the provision of His endless grace in my life. All glory is His.1177    The second is my family, starting with my beautiful wife, Patty,1178who has stood by my side through more than anyone should ever ask; my1179son Tony, also here today, who inspires me with his creativity and1180perseverance daily; and then my three other children who could not be1181here today: Michele, Kristen, Robert and their amazing spouses. I am1182continually impressed by the servant-leaders they have become. And1183then, of course, I must mention the blessing of four beautiful1184grandchildren.1185    The third factor is a deep and abiding love for our great nation. I1186have spent more than half my life serving our country, with almost a1187third of that deployed in combat to some far-off land, even as a1188civilian, in support of our National Defense. I have had the immense1189privilege of serving tours at the Pentagon, Combatant Commands, Major1190Commands, and sub-commands, and as I do today, leading at the1191installation level. I have also served alongside all our Service1192partners and numerous allies to defend our Nation.1193    The Department of Defense, under President Trump, is committed to1194achieving Peace Through Strength. This is our solemn mission. The1195strength and lethality of our military is built not only on the weapon1196systems that defend us but also on the readiness of our servicemembers,1197and their families, to accomplish this mission.1198    To that end, and if confirmed, three fundamental principles will1199guide me--I'm a fighter pilot so I have to keep it simple. The first is1200to take care of our people, the second is to protect the mission, and1201the third is to partner for success.1202    Taking care of our people is more than just quality of life--this,1203to me, is a readiness issue. I know firsthand that our warfighters1204cannot deliver 100 percent of their effort to the mission if they are1205required to deal with safety and health challenges in their homes. They1206cannot wonder if the buildings they work in have functioning plumbing1207or if the cyber-systems and electricity are going to fail. I am1208committed to fixing these kinds of issues now to ensure our critical1209installation assets globally serve as a force enabler, providing a1210distinct advantage to our warfighters over our adversaries.1211    The second is protecting the mission. This means addressing a wide1212range of emerging threats to the Homeland and our energy supply. We1213cannot reliably provide the energy and fuel the mission requires, and1214expect to modernize our facilities as well, if we continue to do things1215the same way we always have. Holding to status quo got us to where we1216are today, so it is going to take a new mindset and a new collective1217approach to see different results. Many people believe change is hard.1218I would submit change is hard because resistance to change is far too1219easy. We must tackle these incredibly difficult challenges to mission1220assurance with expanded opportunities to enhance our readiness and1221resilience, while faithfully stewarding the natural resources entrusted1222to us.1223    Third is partnering for success. The DOD exists in over 8001224locations around the globe. This means we need to be be good community1225partners, working with both our civic and business leaders to improve1226the resilience of our military installations inside and outside the1227fence line. These partnerships promote the value of military1228installations and strengthen communities and states through1229collaborative planning and implementation in support of America's1230military.1231    I commit that if confirmed, I will work tirelessly to apply these1232principles to prioritize limited resources to enhance the warfighting1233capacity and lethality that will deter and, if called upon, defeat our1234adversaries.1235    Finally, if confirmed, I will work with this Committee and this1236Congress to provide our armed forces with the capabilities needed to1237defend and protect our Homeland. Thank you, and I look forward to your1238questions.12391240    Chairman Wicker. Thank you to all of our witnesses for1241their opening statements, and again, we very much thank the1242family, and friends who have come to give you support.1243    We now must ask all of you a series of standard questions,1244this Committee poses to all civilian nominees. So, if you would1245all turn on your speakers and just answer together verbally.1246    Have you adhered to applicable laws and regulations1247governing conflicts of interest?1248    [Witnesses answer in the affirmative.]1249    Chairman Wicker. Have you assumed any duties or taken any1250actions that would appear to presume the outcome of the1251confirmation process?1252    [Witnesses answer in the negative.]1253    Chairman Wicker. Exercising our legislative and oversight1254responsibilities makes it important that this Committee, its1255subcommittees, and other appropriate committees of Congress1256receive testimony, briefings, reports, records, and other1257information from the executive branch on a timely basis. Do you1258agree if confirmed to appear and testify for this Committee1259when requested?1260    [Witnesses answer in the affirmative.]1261    Chairman Wicker. Do you agree to provide records,1262documents, and electronic communications in a timely manner1263when requested by this Committee, its subcommittees, or other1264appropriate committees of Congress, and to consult with the1265requester regarding the basis for any good faith delay or1266denial in providing such records?1267    [Witnesses answer in the affirmative.]1268    Chairman Wicker. Will you ensure that your staff complies1269with the deadlines established by this Committee for the1270production of reports, records, and other information,1271including timely responding to hearing questions for the1272record?1273    [Witnesses answer in the affirmative.]1274    Chairman Wicker. Will you cooperate in providing witnesses1275and briefers in response to congressional requests?1276    [Witnesses answer in the affirmative.]1277    Chairman Wicker. Finally, will those witnesses and briefers1278be protected from reprisal for their testimony or briefings?1279    [Witnesses answer in the affirmative.]1280    Chairman Wicker. All right. That concludes those questions,1281and I would note for the record, satisfactory answers on the1282part of all four of our witnesses.1283    Okay. I got 5 minutes. Let's see how well I can do here.1284Mr. Marks you mentioned facilities. Thank you for doing that. I1285assume you noticed that I stressed the 4 percent requirement1286contained in the most recent NDAA, and that I mentioned it1287actually twice. Did you notice that?1288    Mr. Marks. I did sir.1289    Chairman Wicker. Do you think there's a reason that I read1290that twice?1291    Mr. Marks. Senator, it's vitally important, and I1292appreciate the conversation we had in your office as well.1293    Chairman Wicker. Okay. Well, if you're confirmed, and I'm1294sure you will be, will you make sure, and will you commit to1295this Committee that you're going to follow that requirement and1296actually tend to this?1297    Mr. Marks. Yes, Senator.1298    Chairman Wicker. I very much appreciate that.1299    Now, let's see. Mr. Hansell, let's talk about economic1300warfare and irregular warfare. You might tell us what your view1301is of exactly what that is. But I assume you believe that we1302have a lot more to do in on this issue with regard to our1303pacing challenge that the Chinese--but do believe it's time for1304one person to have the coordinating responsibility for all of1305this economic warfare and irregular warfare?1306    Mr. Hansell. Senator, I appreciate the question. It's a1307rather large one. I certainly acknowledge that economic1308security is national security, but relevant to my portfolio.1309What I think you're referencing is the aggressive malign1310activity, short of armed conflict, that China is conducting. Is1311the reason of why I've outlined in my opening statement, one of1312my priorities of providing the Secretary more risk-informed1313options to compete along the full continuum of conflict. That1314would certainly entail an increased focus on irregular warfare.1315    As to the structure, I'm not yet in the Department and1316can't speak authoritatively about the best structure, but I can1317tell you from my Government experience and the threat that the1318Chinese activity is incredibly adept at exposing the seams in1319our Government structure. I think we need very aggressive1320integrated coordination in order to best leverage our1321capabilities. I think that, certainly, economic warfare, that1322would be an interagency whole-of-government approach.1323    But within DOD itself, I do believe that, if confirmed, my1324office would be--I would advocate for my office to have a1325leadership role in such coordination.1326    Chairman Wicker. Very good.1327    I'm glad you'll look at that, and you, of course, you1328cannot assume what you'll find when you get in there. But let1329me just observe that the DOD has more than a dozen players in1330this space. I would hope that perhaps your shop could take a1331lead role in coordinating all the activities among more than a1332dozen organizations.1333    Now, Representative Williams, you've got one thing to1334concentrate on, and that is modernizing our U.S. nuclear weapon1335stockpile. Working with Chairman Fischer and Ranking Member1336King in making this the largest civil works project in the1337history of our Government work.1338    I hope you will stay away from ill-advised attempts to1339undermine the autonomy of the NNSA. Can I have your personal1340assurance that you'll focus on modernizing the U.S. nuclear1341weapons stockpile, and oppose any moves to undermine the1342independence of NNSA, or distract from its core mission, which1343I just outlined?1344    Mr. Williams. Chairman Wicker, thank you for the question.1345Yes, I will certainly endeavor, should I be confirmed, to1346produce the weapons of our strategic deterrence. I'm deeply1347committed to that. I've been a customer of those and care1348deeply about that mission.1349    Since the Atomic Energy Commission, going back to the1350beginning, right after the Manhattan Project, civilian control1351and independence of our nuclear weapons enterprise has been1352essential. I think it's a part of American beliefs that there1353should be that separation. I will endeavor, should I be1354confirmed, to keep that independent.1355    Chairman Wicker. That's helpful.1356    Let me take a bit of liberty here. Mr. Matthews, there's1357been a problem in the past with DOD OGC, and I certainly hope1358you're going to help us rectify this. We make requests, we get1359responses very late from various components of the Department,1360unnecessary redactions of sentences, long passages in documents1361that we receive.1362    If confirmed, how would you use your role as General1363Counsel to ensure that the DOD responds to this Committee, as1364you now promised to do, in full, transparent, and timely1365manner, and avoid this practice of incomplete, late, and1366redacted responses?1367    Mr. Matthews. Thank you for the question, Mr. Chairman. I1368can say that, if confirmed, I'm going to return your phone1369calls, Mr. Chairman, and those of Ranking Member Reed, or any1370Member of this Committee. I view the Congress of the United1371States as the Board of Directors for the Department of Defense,1372and I consider it my responsibility, if confirmed, to be1373responsive.1374    Chairman Wicker. Okay. Well, I appreciate that. You know,1375we can have a hearing Senator Reed down in the classified SCIF,1376if we need to, but once we get down there the redactions need1377to be lifted. So, I'll leave it at that, and I thank my1378colleagues for indulging me.1379    Senator Reed.1380    Senator Reed. Thank you very much, Mr. Chairman.1381    Mr. Williams you will be the senior lawyer in the1382Department of Defense. Secretary Hegseth has made it very clear1383in multiple ways that he has not much respect for lawyers.1384Among his first actions, he dismissed the JAGs for the Army,1385Navy, and Air Force. These officers are absolutely critical to1386guide the Department, particularly in complying with the Law of1387Armed Conflict and ensuring that the military shares1388restrictions and rules including that would touch upon any type1389of domestic deployment.1390    Mr. Matthews, do you commit to following the rule of law1391and the Constitution even if you the Secretary disagrees?1392    Mr. Matthews. Unreservedly, sir? Yes, I do.1393    Senator Reed. Thank you.1394    Do you commit to always exercising your professional legal1395judgment free of political influence?1396    Mr. Matthews. I do, Senator1397    Senator Reed. Federal law states clearly that no DOD1398employee may interfere with the provision of independent advice1399by TJAGs to military service leadership and by JAG officer to1400commanders. Do you commit to fostering and continuing and1401protecting this independence?1402    Mr. Matthews. Yes, Senator. I will always follow the law.1403    Senator Reed. Will you ensure that the acting IG [Inspector1404General] will not be influenced or interfered with as he1405conducts his duties, including the evaluation of Signalgate?1406    Mr. Matthews. If confirmed, Senator, yes, I do.1407    Senator Reed. Thank you very much.1408    Mr. Williams you've been charged with a very challenging1409assignment; leading NNSA. As I indicated in my opening remarks,1410in mid-February, 177 employees were laid off, and 153 took1411early retirement. Now, 150 of those, of the 177 returned, they1412were called back because they realized, they couldn't function1413without them. But NNSA has been chronically understaffed for1414the years. Now, as I mentioned too, there they've declared that1415DOE will shed 8,500 employees, and that boils down to about 5001416civilians at NNSA.1417    How can you make the organization function when morale has1418been spiraling downwards because of these personnel changes and1419simply the lack of personnel?1420    Mr. Williams. Thank you for the question, Ranking Member1421Reed. I have read those reports, although I have no firsthand1422direct knowledge of any of those decisions within the1423Department of Energy or within NNSA. As I mentioned in my1424opening statement, the men and women of NNSA are an exceptional1425organization, I think, actually in human history. They will be1426essential to accomplish the scope of the task that's been1427outlined by this Committee the resources that have been1428entrusted over the last decade of a, of a real rebuilding of1429it. I can assure you that I will advocate for the men and women1430of NNSA that we can accomplish that mission together.1431    Senator Reed. Well, I hope you do, because if you lose 5001432personnel, you'll be sitting up at night not just worrying, but1433also watching our weapons.1434    Mr. Hansell, you as the USDIS are responsible for carrying1435out section 714 of title 10, which authorizes the Secretary of1436Defense to provide protection and personal security in the1437United States to designated individuals who are under a serious1438and credible threat to their safety.1439    The most recent annual threat assessment of the U.S.1440Intelligence Community (IC) in March of this year stated Iran1441seeks to target former and current U.S. officials it believes1442were involved in the killing of Islamic Revolutionary Guard,1443Quds Force Commander Qasem Soleimani in January, 2020, and1444previously has tried to conduct lethal operations in the United1445States.1446    There are two former Defense officials, Secretary Esper and1447Joint Chiefs of Staff General Milley, who have had their1448protection removed. Do you believe that decisions related to1449whether or not this protection should be based on the1450assessment of the threat by the Intelligence Community?1451    Mr. Hansell. Thank you for the question, Senator. I'm very1452aware of the specific 714 language, and specifically, it's new1453ability for this Secretary to delegate this responsibility to1454the Under Secretary for Intelligence Security versus the prior1455restriction to the Deputy Secretary.1456    I am very familiar with the regulation, and that there's1457two categories, one, that of folks that can receive this1458benefit because the nature of the position. Second is a1459population mostly DOD, and DOD retired. That is based on1460circumstances; one of those being serious, credible threats,1461the other being overwhelming operational circumstances, and1462that the law says that that determination shall be made based1463on a threat assessment.1464    So, to answer your question specifically, the law is clear1465that a threat assessment should inform that. I am also aware of1466the congressional notification requirements in that law. If1467confirmed, would intend to follow it as written, and I think1468additionally, make an overall assessment of the program to1469ensure we have a sustainable resource, sustainable framework1470that allows us to mitigate risk to force in a standardized way.1471    Senator Reed. So, your view is that the threat assessment1472should be the predicate for removing or providing protection.1473Can Congress get the copy of the threat assessment that was1474used in the decision to take away this protection?1475    Mr. Hansell. Senator, I have no information about1476historical. I'm not in the Department now, about historical1477decisions, but if confirmed and if delegated this1478responsibility, I would have access to those threat assessments1479and accordance with regulations, would share those.1480    Mr. Williams. Thank you very much.1481    Chairman Wicker. Thank you, Senator Reed. Senator Fischer.1482    Senator Fischer. Thank you, Mr. Chairman, and thank you1483gentlemen for all putting yourselves forward to serve your1484country. We deeply appreciate that.1485    The National Nuclear Security Administration, NNSA,1486designs, builds, stores, and disposes of our Nation's nuclear1487weapons. Our stockpile remains safe, secure, effective, and1488credible thanks to the hard work done every single day by NNSA1489and our National Security Laboratories.1490    Mr. Williams, I appreciate our earlier conversations and1491agree that NNSA faces immense challenges. After the end of the1492cold war, NNSA infrastructure recapitalization efforts were1493abandoned, and now we must modernize most of the enterprise1494without interrupting the production of new nuclear weapons.1495Many of these facilities are truly one of a kind, and must be1496custom designed and built to safely process plutonium, uranium,1497tritium, lithium, anti-high explosives.1498    Fortunately, we are not starting from a blank State. The1499NNSA has produced an enterprise blueprint that shows all the1500facilities that need to be built over the next 25 years, and1501then sequences them in priority, linking them to a new warhead1502production effort. We also have an opportunity as we build new1503infrastructure to replace old facilities, some of which date1504back to the Manhattan Project, to incorporate modern1505manufacturing processes. We can produce nuclear weapons faster,1506more efficiently, and reduce risk in that process.1507    Mr. Williams, if confirmed, how would you approach the1508challenges of recapitalizing NNSA's infrastructure?1509    Mr. Williams. Well, Senator Fischer, thank you for that1510question. That is the key question. I think as I have studied1511the problem, and read the stockpile reports, and read the1512blueprint enterprise that you mentioned, as well as the GAO1513[Government Accountability Office] reports, CRS [Congressional1514Research Service] reports, I think the scope and scale is, as1515you describe. We have to deliver the program of record, the1516lifetime extensions of our existing stockpile, as well as1517rebuild the infrastructure to modernize.1518    A lot of that comes, I think, through reassessing our1519relationship with risk. The reevaluating the risk that we take,1520I think we have to make sure we have the workforce that we1521retain, the workforce that we have. As I mentioned it's not1522just a weapon scientist, it's machinist, its technicians.1523    It's every level of the organization that is needed to keep1524the very special qualities and skills that we have acquired1525that we can't afford to lose. Then I think it will require1526leadership focused on the mission. I think one of the things1527that drives all of us, it certainly drove the Manhattan1528Project, is understanding the current threat.1529    I think that it's very sobering and awakening for all of us1530to suddenly be talking about strategic deterrence, talking1531about threats that we thought perhaps as a nation had gone away153230 years ago, and of course, the men and women, the NNSA never1533believed that, nor the Combat Commanders of STRATCOM.1534    I think there's a focus of the mission and leadership. I1535think there's innovation, and I think it's focused on the1536workforce as well as keeping Congress informed that you'll1537continue to support this mission.1538    Senator Fischer. I hope, if confirmed, that you will look1539at that leadership, look at the workforce, be able to look at1540some of the complex construction projects that are out there,1541and figure out how to improve the management of those as well.1542    Mr. Williams, there are seven life extension programs and1543major altercations currently underway. These nuclear weapons1544must be delivered on schedule, and several are synced to new1545delivery systems that are currently under development by the1546Department of Defense. So, maintaining that close connection1547between NNSA and the Department of Defense on these programs,1548that is key to the success for all the programs that are1549involved here.1550    If confirmed, how will you ensure that NNSA fully1551understands the Department of Defense's requirements for these?1552    Mr. Williams. Senator Fischer, thank you for that question.1553Of course, I'll be participating in the Nuclear Weapons1554Council. I would like to come out to STRATCOM, meet with the1555leaders, General Cotton, and the leaders of STRATCOM. They are1556the most important customer of NNSA. If confirmed, I would very1557much like to hear their input and have a very transparent1558conversation with them. There are a great number of details and1559classified information that I've not been privy to, that I look1560forward to immersing myself in to make sure I understand all1561the details of delivering what, frankly, our strategic forces1562require to deter our enemies.1563    So, very committed to work with you and with this committee1564to make sure I'm following through on all of those, should I be1565confirmed.1566    Senator Fischer. Your role in that Nuclear Weapons Council1567is important in that process, if you are confirmed. So, thank1568you for that.1569    Chairman Wicker. Thank you very much, Senator Fischer.1570Senator Hirono.1571    Senator Hirono. Thank you, Mr. Chairman.1572    Welcome to all of our nominees. I ask the following two1573initial questions of all nominees before any of my committees1574to ensure the fitness to serve. So, we'll start with Mr.1575Matthews, and we'll go right down the line. Since you became a1576legal adult, have you ever made unwanted requests for sexual1577favors, or committed any verbal, or physical harassment or1578assault of a sexual nature? Please, down the line.1579    [Witnesses answer in the negative.]1580    Senator Hirono. Have you ever faced discipline or entered1581into a settlement relating to this kind of conduct?1582    [Witnesses answer in the negative.]1583    Senator Hirono. For Mr. Marks, several military training1584areas very critical to INDOPACOM. These landless leases in1585Hawaii are set to expire in 2029, right around the corner.1586These leases, as I mentioned, are critical to ensuring U.S. and1587allied military forces can adequately train in the Pacific.1588However, the lands involve also hold cultural significance to1589the Native Hawaiian community.1590    If confirmed, will you ensure that these negotiations,1591which will expire, is conducted in a manner that respects local1592communities and the environment, while still prioritizing1593military readiness?1594    Mr. Marks. Senator, thank you for that question. I know1595this is critically important to you, and, yes, Senator, if1596confirmed, I will work not only with the military services, but1597the local community. Hawaii plays a very strategic role for1598INDOPACOM, and I would want to ensure that both the respect of1599the communities as well as the incredible importance of those1600training areas is recognized and we find the best possible1601solution.1602    Senator Hirono. In fact, the DOD has recognized the1603importance of these negotiations, and there is a person name1604and Noa Kalupi who is charged with making sure that these1605negotiations include the voices of the community. So, it's good1606that you are aware or that you will be aware of the necessity1607of how we're going about things. I would also note that it is1608very important to the community that these negotiations occur1609as transparently as possible so that the community feels as1610though the military is acting in good faith, and listening to1611their voices.1612    Again for you, the DOD stakeholders are coastally1613coordinating with the EPA. Hawaii State agencies, and the1614public to complete the closure of the Red Hill Bulk Fuel1615Storage Facility. You probably are aware that the, the spills1616that occurred at the Red Hill facility resulted in some 93,0001617people being impacted. They had to go to hotels and find other1618arrangements. This led to a questioning by the community of how1619the Navy, basically, but to the community, the Navy, the1620military was conducting it itself.1621    So, will you commit to overseeing the safe, timely closure1622of Red Hill, which will require taking a transparent role with1623the public to restore the confidence and the trust of the1624community in the military?1625    Mr. Marks. Senator, thank you. The transparency is vital to1626partnership. Good partnership is built on trust and good1627relationships. So, Senator, if confirmed, I will commit to work1628not only with the Navy as this moves forward, to ensure we're1629taking the proper steps for both mission capability and what is1630in the best interest of the community.1631    Senator Hirono. The closing of Red Hill is not over in that1632there are remediation and environmental issues that still must1633be addressed. I would ask that you address them in a timely1634manner with the resources that will be required.1635    Mr. Marks. Yes, Senator, absolutely, and in fact, it was1636just a couple weeks ago, I had the privilege of meeting with1637the Hawaii coordination cell so that they could begin to get me1638up to speed, so that I could understand the issue more1639thoroughly. I do appreciate it more deeply.1640    Senator Hirono. I also want to mention that our military1641base, our installations, I should say, are in various states of1642disrepair, frankly, and especially in Hawaii, which have aging1643facilities, energy vulnerabilities, and poor infrastructure.1644So, I'm putting into the NDAA a requirement that all of our1645services conduct or put together a 30-year infrastructure1646improvement plan so that we have something going forward that1647will more properly ensure that our infrastructure needs are1648being addressed and met. So, would you support such a planning1649process for our services?1650    Mr. Marks. Senator, as a strategist, I believe in long-term1651planning, and so, I appreciate the initiative that you've1652introduced. If confirmed would want to work not only with you,1653this Committee, but the services on a way to achieve how we get1654a greater future look at the investments on our infrastructure.1655    Senator Hirono. Mr. Chairman, could I just ask one question1656of Mr. Matthews?1657    Chairman Wicker. Oh, sure.1658    Senator Hirono. This won't take long. So, I'm glad that you1659testified that you will follow the rule of law and the1660independence of the JAG officers. That's very important. Do you1661have any concerns about the fact that the military services1662senior JAG attorneys were fired?1663    Mr. Matthews. Good morning, Senator Hirono. Thank you for1664the question. Not being in the Department, I wasn't privy to1665the reason for the decision of Secretary Hegseth to request1666nominations for the Judge Advocates General. I will say that1667from my understanding, the Navy TJAG had resigned before the1668beginning of the Administration. So, I don't believe it was1669actually said he was fired. I think the Secretary requested1670nominations for the Army and the Air Force Advocate General, I1671think he acted according to law when he did so. I would say1672that I share your concern about the independence of legal1673advice.1674    Senator Hirono. You can imagine we have some concerns about1675what happened because no reasons were given. Thank you, Mr.1676Chairman.1677    Chairman Wicker. Perhaps you can followup also on the1678record, Senator Hirono. Thank you very much. Senator Sullivan.1679    Senator Sullivan. Thank you, Mr. Chairman.1680    I want to thank all the nominees and their families. By the1681way, some really, really impressive group of nominees, all1682veterans, all served in incredible capacities, Purple Heart1683recipients. This is very impressive. So, thank you to all of1684you. I'm not going to quiz you on the great Billy Mitchell,1685father of the U.S. Air Force who said that Alaska was the most1686strategic place in the world. I know you already know all that.1687I just want from each nominee your commitment to come to1688Alaska, to see this strategic place and see our wonderful1689military forces there. Can I get each of you to commit to that1690starting with you, Mr. Matthews?1691    Mr. Matthews. If confirmed, Senator, it's my first trip.1692    Senator Sullivan. Excellent. Well, that's a great answer.1693Can anyone else top that?1694    Chairman Wicker. Doesn't have to be the answer.1695    Senator Sullivan. That's a great answer. Maybe you can come1696before you're confirmed. No, I'm kidding. Good answer.1697    Mr. Hansell. Senator, as I testified to you 5 years ago1698about the increased importance in economic national security of1699the area, I think that trend will continue and thus1700appropriately. I look forward to visiting.1701    Senator Sullivan. Great. Thank you.1702    Mr. Williams. Senator, I'd be honored. Would likely be in1703July or August with my fishing gear.1704    Senator Sullivan. No. You're coming in February, where it's170540 below 0.1706    [Laughter.]1707    Mr. Williams. That's so long as we can visit Adak. I've1708always heard about it.1709    Senator Sullivan. Okay. Well, I'm getting to Adak here in a1710minute.1711    Mr. Marks. Senator, as we discussed it, as goes Alaska, so1712goes defense of the Homeland. It'd be at an honor to visit1713Alaska.1714    Senator Sullivan. Right. Thank you, and, again, I really1715appreciate all the great opening statements. Mr. Matthews, your1716statement and your family's service. Just remarkable. It's1717super impressive. I'm glad so many of your family members are1718there. You and I had a good discussion. You're very smart1719lawyer. You have a great background. Just to be clear, as we1720discussed, your loyalty, of course, in this job is to the1721Constitution, correct?1722    Mr. Matthews. Yes, sir. To the constitutional laws of the1723United States.1724    Senator Sullivan. Good. Perfect, and you've been doing that1725your whole career, loyalty to the Constitution and the United1726States?1727    Mr. Matthews. Yes, sir.1728    Senator Sullivan. Excellent. Let me go to you, Mr. Matthews1729and Mr. Marks. I want to talk just briefly about the 8(a)1730contracting program that we talked about in my office.1731    I was recently in the great State of Alabama, Huntsville,1732Alabama. There's a lot of 8(a) contractors there. You know,1733this is a program that's been in law for decades. It helps1734economically disadvantaged communities. But where I don't think1735it gets a lot of press is just how effective, efficient--I1736mean, our military, our Pentagon needs effective, efficient1737ability to deliver services.1738    These companies in Huntsville, I saw a company, it was1739Alaska Native company that took a--the request for an armored1740wheeled vehicle, a Navy harpoon anti-ship system to combine1741them together. They did it in 2 weeks, the design. Then, they1742had manufacturing done where this new system was out on the1743beaches of Taiwan in less than a year. The government gets to1744keep the IP. All done in Huntsville, Alabama. It was1745unbelievable. The OEMs, the big primes, it would take them 101746years to do something like that.1747    So, Mr. Matthews and Mr. Marks, can I get your commitment1748to work with this Committee? You know, there's some people out1749there--oh, these are DEIs [diversity, equity, and inclusion].1750This has nothing to do with DEI. This is efficient, effective,1751good for the Pentagon work, and I just want to make sure you1752guys agree with me on that. Can I get your commitments on that?1753    Mr. Matthews. Senator, you have my firm commitment. I think1754we should not paint broad brush Alaska Naval corporations1755particularly have played a unique role in support of the1756national defense, and we can't ignore that1757    Senator Sullivan. Made it much more effective and efficient1758and deadly. Correct?1759    Mr. Matthews. Exactly, sir.1760    Senator Sullivan. Mr. Marks?1761    Mr. Marks. Senator, if confirmed, you have my commitment.1762Anything that can get capability into the hands of the1763warfighter more quickly, that helps us defend our Nation is a1764vital importance, and we should support that.1765    Senator Sullivan. Great. Let me very quickly talk about1766Adak. The INDOPACOM Commander, NORTHCOM commander, CNO of the1767Navy have all recently testified either in classified or1768unclassified hearings saying, look, you look at a map, you look1769at the Russians and the Chinese, how aggressive they're being1770in the North Pacific, in the Arctic. We need to reopen that1771base. There was a Navy team that was there just last week, and1772can I get your commitment to work with me on that? Looking at1773that really, really critical base that used to be a sub base.1774Senator Hirono was talking about Red Hill. Adak has one of the1775largest fuel storage depots anywhere on the planet Earth. It's1776all infrastructure is still ready available. Can I get your1777commitment to work with me on that?1778    Mr. Marks. Yes, Senator, you have my commitment, if1779confirmed.1780    Senator Sullivan. Great. Thank you, Mr. Chairman.1781    Chairman Wicker. Thank you, Senator Sullivan. Senator King.1782    Senator King. Thank you, Mr. Chairman. Welcome to all the1783nominees.1784    I want to echo Senator Sullivan's comments. Extraordinarily1785well qualified in the work you have done to serve this country1786prior to this day as exceptional. I want to express my1787appreciation and recognition of that. I also, and want to have1788to go back to our wonderful chairman, John McCain, and remind1789the Senator that Billy Mitchell was court-martialed, but that's1790another story.1791    Senator Sullivan. But I think he got his rank back after1792that.1793    Senator King. This is something that's been going on for 101794years in this Committee.1795    Chairman Wicker. Turns out he knew what he was talking1796about.1797    Senator Sullivan. He did. Thank you, Mr. Chairman.1798    Senator King. Okay. Mr. Williams, I know Senator Reed1799raised this question, but I'm gravely concerned about this memo1800that was mentioned on Friday of the possibility of 500 people1801in the NNSA as non-essential. That's 20 percent of the1802workforce, and the testimony was, it's one of the greatest1803scientific and engineering organizations in human history. I1804just don't understand how that wonderful organization, which is1805that's true, 20 percent are non-essential?1806    By the way, I did a little calculation. That's two-tenths1807of 1 percent of the NNSA budget is those 500 people. So, what's1808to be gained by reducing the staff by 20 percent of this1809essential agency in this moment of the rebuilding of our1810nuclear triad?1811    Mr. Williams. Senator King, thank you for that question,1812and for your attention on the workforce, which I think is1813absolutely critical. If confirmed, I commit to you that I will1814stand up for the men and women of NNSA that I will advocate for1815them. We're facing a moment in history where NNSA must perform,1816and I think there's opportunities for us to innovate at NNSA,1817to deliver on the program of record and the expectations that1818this committee has set and that will stand up to our1819adversaries.1820    Senator King. You're absolutely right. This is a no fail1821mission. In fact, because of the modernization program that1822we're in the midst of, the demands on NNSA have never been1823greater, probably since the founding of the agency. So, I hope1824you will stand up for that workforce. By the way, there's an1825issue here, not only of the people, 500 people being said,1826they're non-essential. The effect on morale in the workforce, I1827think is something to be considered.1828    So, I hope you can address this early in your tenure and be1829sure that the workforce is protected, and that the morale, and1830the esprit of the agency can be maintained. Will you commit to1831that?1832    Mr. Williams. Mr. King, if confirmed, I will certainly1833commit to that. I will tell you that my commitment to this1834deterrence really did begin in Tiananmen Square in May 1989, an1835observation of the student protest there. I was in the Pacific1836on a nuclear submarine during the third crisis of the Taiwan1837Strait, when the Communist Chinese first launched missiles in1838the modern age that dropped short and flew over Taiwan in a1839show of force.1840    In the aftermath of that, as I recall, we sailed a carrier1841battle group through the Strait of Formosa to show our resolve.1842We can't do that today, that concerns me. This program is of1843historic importance.1844    Senator King. I couldn't agree more. Mr. Hansell, I always1845ask intelligent officials the same question. Will you tell the1846President the truth, even if it's something he doesn't want to1847hear?1848    Mr. Hansell. Absolutely. I would do so, and I think the1849President and the Secretary would require me to do so.1850    Senator King. The former Director of National Intelligence1851(DNI) Dan Coats put it very succinctly. He said, ``The job of1852the Intelligence Community is to find the truth and tell the1853truth.'' Just parenthetically, who started the war in Ukraine?1854    Mr. Hansell. Senator, it's a military fact that Russia1855invaded Ukraine, both in 2014 and 2022, as recently outlined in1856the unclassified ATA, Annual Threat Assessment.1857    Senator King. You just earned my vote. Thank you, sir. Mr.1858Williams, I'm going to overlook the Harvard Law School1859experience. I think several other Senators on this committee1860labor under that disability. Can you recall an occasion in all1861of your career as a lawyer for the military, when you said no1862to an officer, that they--to something, an order that they1863wanted to pursue that you told them was contrary to the1864Constitution or the laws of this country?1865    Mr. Matthews. Senator, I typically try to avoid that1866situation by providing advice in advance. But I can recall1867experiences where there were violations of the Law of Armed1868Conflict, which I had to point out when I was in Afghanistan 11869year when we had platoon leader who was--had some detainees,1870and he was making them walk in front of the formation over1871across Improvised Explosive Device (IED) infected land. It was1872a violation of Law of Armed Conflict. It's not how we do it. We1873separate our prisoners and speed them to the rear. So, that was1874something that I had to point out.1875    Senator King. You made it clear and reversed the decision?1876    Mr. Matthews. Oh, there was an investigation. That's1877correct, sir.1878    Senator King. Thank you. Thank you, Mr. Chairman.1879    Chairman Wicker. Thank you, Senator King. Senator1880Tuberville.1881    Senator Tuberville. Thank you, Mr. Chairman.1882    Thank you, gentlemen, for being here, and your willingness1883to serve. Mr. Marks, I want to talk a little bit about an issue1884that affects many of our installations across the country,1885including my home State, Redstone Arsenal, Huntsville. The1886issue is military construction, better known as MILCON. We need1887to move fast, and traditional military construction process is1888way too slow. You know, back at Redstone Arsenal, there are two1889out warehouses, as we speak, that are going up. One military1890corps engineers is building, and the other is by the FBI1891[Federal Bureau of Investigation].1892    These warehouses are roughly the same size, but the FBI1893facility has a lot more bells and whistles, yet the military1894warehouse is going to take double the amount of time to build1895and 150 percent over the cost of what it's cost in the FBI1896building. How on earth does this make sense? It is a disaster,1897and I'm sure we're having those problems across the country.1898    Can I get your commitment to go and look at this situation?1899Lieutenant General Chris Mohan, the AMC Commander down there is1900really looking into this, and I think he could help us with1901some of this in the future. We need to cut back on the time and1902the cost on a lot of these buildings, Mr. Marks.1903    Mr. Marks. Senator, thank you for that question, and I1904couldn't agree more. We absolutely need to look at additional1905best practices on ways to speed up our MILCON to include how it1906aligns with our programs. If confirmed, I absolutely would want1907to dig deeper with you on this to ensure that I see how we can1908potentially go faster.1909    Senator Tuberville. Thank you.1910    Another quick question for you, Mr. Marks. You recently1911discussed drone incursions with my staff. Can you tell the1912Committee about that conversation and your experience?1913    Mr. Marks. Senator, thank you. What we have seen across the1914country, and especially there at Eglin, is an increase in drone1915activity, and in fact, activities surrounding our1916installations, whether that is foreign national turnarounds or1917other investments, things that we need to make.1918    So, Senator, in the local area at the installation I1919currently serve at, we've increased our investment to include1920increased detection capability, so that we can then use the1921authorities that we have been provided at the installation1922level to defend those installation. Senator, if confirmed, I1923would want to see it expanded so that we can work with the1924combatant commanders to ensure we are defending our local1925installations here in the Homeland.1926    Senator Tuberville. Thank you. Very much needed.1927    Mr. Hansell, as you know, one of the organizations you will1928oversee is USD(I&S). If you are confirmed, is the Missile and1929Space Intelligence Center (MSIC), which is a component of the1930Department of Intelligence. It's located in Huntsville,1931Alabama. MSIC provides world-class analysis and performance of1932foreign weapons systems.1933    Mr. Hansell, can you talk a little bit about how important1934it is for our warfighters to assess the kind of foreign1935material data that MSIC provide?1936    Mr. Hansell. Yes, Senator. I'd first highlight the1937importance of MSIC, as the important relative to the growing1938importance of the space domain. It becomes ever more critical1939to our national security, as well as, I think critical intel1940from MSIC should be used to inform the Golden Dome architecture1941design at every stage of the milestone.1942    Senator Tuberville. Thank you.1943    Mr. Williams, NNSA has been plagued by cost overrun1944schedule delays, project cancellation related to construction1945of nuclear facility, including Ukraine, uranium processing1946facility, the Savannah River Plutonium Processing facility, and1947others. If confirmed, what specific steps would you take to1948ensure that these project management failures are not repeated1949in the future?1950    Mr. Williams. Thank you, Senator, and that is right at the1951heart to the plutonium pit production that you mentioned in1952Savannah River, as well in Los Alamos, you know, is the1953critical path to restoring our ability to make new nuclear1954weapons and to ensure the long-life extension of our existing1955stockpile. There's a number of classified details that I've not1956been briefed on in that, but that is, I commit to you, should I1957be confirmed, that is absolutely a commitment to get that back1958and to deliver for the weapons programs.1959    Senator Tuberville. Thank you.1960    Mr. Matthews, if confirmed, what role would you have in1961advising the President and the Secretary on reforming the JAG1962Corps?1963    Mr. Matthews. Thank you, Senator, for the question. If1964confirmed, I would be a legal advisor to the Secretary of1965Defense and not to the President unless he asked me. But if the1966President were to ask me, I would render--I would consider the1967question he asked, and in light of the facts and information1968available to me, I would make a recommendation. The JAG Corps,1969the Judge Advocate General Corps, the Joint Force, JAG play an1970important role in ensuring the delivery of military justice,1971ensuring compliance with the Law of Armed Conflict, a whole1972myriad of activities, and so, it's important that we get it1973right.1974    Senator Tuberville. Thank you.1975    Chairman Wicker. Thank you, Senator Tuberville. Mr. Marks1976are you going to visit Huntsville before or after you visit1977Alaska.1978    [Laughter.]1979    Chairman Wicker. Just take that for the record. Senator1980Warren.1981    Senator Warren. Thank you, Mr. Chairman, and1982congratulations to all of our nominees.1983    So, after a 2018 Reuters investigation found that military1984families were living in homes that were filled with mold, pest1985infestations, and other safety hazards, this committee opened1986an inquiry and instituted a slate of reforms in 2019 to hold1987private military housing contractors accountable.1988    One of these reforms was the creation of a Tenant Bill of1989Rights to ensure that military families have the quality1990housing that they deserve. Another was the creation of a public1991data base for military families to report when their landlords1992failed to provide that quality housing. So, I'm glad that the1993DOD finally created that data base called the Housing Feedback1994System last year. I'm sorry that servicemembers had to wait 51995years for it. DOD needs to do better to rebuild trust with1996military families.1997    Mr. Marks, if you are confirmed, it will be your job to1998make sure that servicemembers and their families have safe,1999high quality, and affordable housing. So, will you commit to2000preserving and using DODs Housing Feedback System to hold2001private military housing contractors accountable?2002    Mr. Marks. Senator, thank you for that, and as someone who2003has been a military housing resident, I greatly appreciate the2004additional oversight to include that data base, which has been2005implemented. I've watched that rollout at the local2006installation level. If confirmed, you have my commitment we2007will continue to build transparency and trust with our2008residents. We owe them that.2009    Senator Warren. Good, I appreciate that, and I appreciate2010your strong response here.2011    So, while the reforms we've put in place are an important2012start, military families are still being treated like second-2013class citizens by unscrupulous landlords. At Fort Belvoir, the2014housing conditions in these private homes were so reprehensible2015that families couldn't even live there, but the families had to2016continue paying rent for their unlivable homes while they may2017do in temporary housing.2018    Mr. Marks, do you agree that military families deserve the2019same tenant protections provided to their civilian neighbors?2020So, for example the right to terminate their leases if their2021landlord fails to address safety hazards, or the right to sue2022their landlord for relief if their family got sick because of2023poor conditions in the home?2024    Mr. Marks. Senator, we owe our residents the highest2025standards of quality in homes and to continue to make robust2026the both informal and formal dispute resolution processes. If2027confirmed, I would want to work with you in this Committee to2028see what we can do.2029    Senator Warren. My question is, should our military2030families have the same rights that their civilian neighbors2031have to insist under local and State laws to get protection?2032    Mr. Marks. Senator, I understand there are some laws to2033include the Enclave Act that needs to be addressed, and so,2034what I would want to do is, if confirmed, dig deeper to see how2035we could address that. I do believe that residents do need to2036have robust rights to include where they live.2037    Senator Warren. Well, you know, we already have a pretty2038bad example here because these families at Fort Belvoir tried2039to file claims under the Virginia Consumer and Housing2040Protection Laws, and their complaints were dismissed because of2041the Enclave doctrine. This is the doctrine that says on Federal2042lands, tenants may not be entitled to the same rights as other2043members of the State or community.2044    I want to work with my colleagues to address this in the2045NDAA, but DOD also recently provided a response to a letter2046that I sent with Senators Ossoff and Kaine, that said the2047military services already have the authority to require private2048military housing companies to take corrective action and can2049negotiate to provide families with additional rights.2050    So, let me ask you, Mr. Marks. Will you work with this2051Committee and the military services to fight for and enforce2052military families housing protection rights, and ensure they2053receive the safe and quality, high quality housing they're2054entitled to2055    Mr. Marks. Senator, if confirmed, you have my commitment to2056work with this Committee, you and others, and the services on2057behalf of our residents. We owe them that for the service that2058they give our great Nation.2059    Senator Warren. I appreciate that, and I hope this is2060something we'll take up in the NDAA. We have a duty to make2061sure that military families' homes are safe so they can stay2062focused on the mission of keeping the rest of us safe.2063Substandard housing conditions hurt military readiness. That's2064a problem we could fix. Thank you, Mr. Chairman.2065    Chairman Wicker. Thank you, Senator Warren. Senator2066Gillibrand.2067    Senator Gillibrand. Thank you, Mr. Chairman.2068    Mr. Hansell, currently, there's discussions within the DOD2069about whether the NNSA and the U.S. Cyber Command should be2070dual-hatted. Do you believe all of the prior reviews of this2071arrangement, including one just 3 years ago, that have found2072substantial benefits to that structure, or do you feel that2073this should be reconsidered, and an open question? What's your2074recommendation for the future arrangement of a dual-hatted2075arrangement?2076    Mr. Hansell. Thank you for the question, Senator. Without2077being in the Department, having the most current information, I2078can't make a full assessment, but I did testify on this 5 years2079ago. I'm very aware in the time, in a seating time how robust2080the capabilities that U.S. CYBERCOM have become and how the2081criticality of the cyber domain for national security. I am2082very aware of all the lengthy amount of thought that has gone2083into this to date, the Dunford Commission and the current SSG2084[Staff Sergeant] implementation guide that Secretary Austin put2085in place, and would certainly leverage all thinking to date in2086any analysis.2087    Although I don't have a specific recommendation on this, I2088do believe just like in the private sector, that every2089organization to include the defense intelligence and security2090enterprise has to constantly assess itself to make sure it's2091aligned with the right tools in our organizational structure to2092maximize effects.2093    I would just note that I'm very aware of this committee's2094language that any recommendation to change the dual-hat comes2095with a need for the both the Secretary and the Chairman to2096certify no degradation in operational capability to CYBERCOM2097for our national security. Certainly, if confirmed, and I2098conduct a review, would advise the Secretary accordingly to2099that.2100    Senator Gillibrand. Office of the Under Secretary of2101Defense (OUSD) is one of the full-time participants of the2102DOD's cross-functional team for anomalous health incidents. A2103DOD Inspector General report from March 2023 recommended a2104review and update any applicable counterintelligence guidance2105and policy documents to address AHI-related information and2106counterintelligence. To my knowledge, this has still not been2107completed. Will you commit to reviewing and implementing the2108recommendations of the DOD IG report?2109    Mr. Hansell. I will, Senator, I think it is absolutely2110critical. I know firsthand the importance of taking care of2111those that are willing to put themselves on the line in the2112service of our country. If confirmed, I would ensure that the2113defense intelligence enterprise continues to make AHI a2114counterintelligence-reportable event so that we can determine2115any relatedness to foreign intelligence service activities.2116    Senator Gillibrand. Thank you.2117    Mr. Matthews, Secretary Hegseth just took the unbelievable2118action of firing the Judge Advocates General of the Military2119Departments. The senior military lawyers were put in place to2120provide independent legal advice. The law currently states no2121officer employee of the Department of Defense may interfere2122with the ability of a Judge Advocate General to give2123independent legal advice.2124    I know Senator Reed asked you a similar question and you2125said that you will follow the law, and you will work to2126maintain independence. How are your JAGs supposed to feel about2127this, and how are you going to assure them that they will not2128be subject to political pressure?2129    Mr. Matthews. Good morning, Senator. Thank you for the2130question, and thank you for your work on military justice2131reforms throughout the years. You know, many, JAGs, Senator,2132it's hard to control them. Because you came up with the special2133trial council concept and they opposed it. So, when they have2134an issue, they will not hesitate to speak up, and they will. It2135is been my experience. The Judge Advocates and the Joint Force2136are willing to they have options. They can leave Government2137service, they can become lawyers at corporate law firms or2138corporations. So, they're going to do the right--they're not in2139these jobs for money. So, they're going to do the right thing2140regardless, Senator. So, I think their moral fiber, their2141courage, they've been trained to do, to choose the harder2142right, over the easier one.2143    Senator Gillibrand. Well, we are counting on them to exert2144their independence, and their legal acumen, and to really2145strengthen the military justice system, which has not been2146working well. So, it's on you to make sure they feel supported,2147to make sure they have the tools and resources they need to2148make sure they don't feel that they are being politically2149bullied to certain outcomes.2150    I'm also very concerned that Secretary Hegseth is2151considering downgrading the Judge Advocate General from 3-stars2152to 2-stars. I'm sure you are aware that we have 20 years of2153precedent that put that change in place so that they would have2154independence. Do you think this rank reduction is appropriate?2155    Mr. Matthews. Senator, I think that this Congress gave the2156Secretary the discretion to determine what grade they serve at.2157As you well know, Senator, when Senator Graham led the fight to2158have the Generals serve at the 09 level, it was required that2159they be at the 09 level. That was changed. We all have agreed2160that there was two there. Pentagon, it's too top heavy with2161stars. I think there's an overall assessment of the rank2162structure within the Department at the headquarters of the2163Army, Navy, and Air Force.2164    It may be that other principal staff officers on the Army,2165Navy and Air staffs also lose their grades. I think the quality2166of the legal advice is not impacted by the grades that an2167officer serves at. When I joined the Army, and the Judge2168Advocates General were 2-stars, and they gave frank advice.2169    Commanders are always going to rely upon their Judge2170Advocates because they want to stay out of trouble. So, they2171play a vital role at the commanding commander at the 06 level.2172So, I think that rank Is important, but more important is the2173quality of the legal advice that they're going to be issuing.2174    Senator Gillibrand. Thank you, Mr. Matthews.2175    We will be counting on you to bring a military justice2176system that is worthy of the sacrifice of our men and women who2177serve.2178    Mr. Matthews. Yes, ma'am.2179    Chairman Wicker. Mr. Matthews, you've made a very frank and2180honest answer to that question, and I appreciate it. Thank you.2181Senator Gillibrand. Senator Scott.2182    Senator Scott. Thank you, Chairman.2183    Well, first off, congratulations, each of you on your2184nominations. I know, I think every one of you is going to do a2185great job. Let me start with Mr. Matthews. I've always had2186concerns about how much influence JAG officers have. I'd be a2187little bit different than my colleague has just talked about.2188But in the combat, we have people that are responsible for our2189men and women in uniform to lead them in battle.2190    How much influence does it have a JAG officer on their--I2191mean, I understand the JAG officers give them legal advice, but2192ultimately, they're not the decision-maker. You keep hearing2193stories that the lawyers are making--are running every time2194that we have to go. We put men and women in harm's way. If2195we're going to put men and women in harm's way, I want somebody2196that's a warfighter rather than a JAG officer to be the one2197that's making the final decision. So, how it actually works?2198    Mr. Matthews. Thank you for the question, Senator. A couple2199of things. One JAG officers are warfighters. We who wear a2200uniform, we're part of the Joint Force, we're soldiers. We want2201to destroy the enemy just like anybody else. JAG officers are2202running the command, that's a command failure in my opinion,2203because we're advisors. We only advise the commander. The2204policymakers should be making decisions that would be as if the2205counsel to the Senator is telling the Senator what to do.2206That's not how it works. We can only advise, and so, that's my2207response, Senator.2208    Senator Scott. So, the decision, the tactical decisions are2209not made by JAG officers?2210    Mr. Matthews. They should not be. Now, I will say, Senator,2211in 20 years of counterinsurgency and counter-terrorism2212operations, we have exercised a great deal of restraint and2213conduct of combat operations and lethal activities, and so, the2214law of war is quite permissive, but the ROE [Rules of2215Engagement], which is policy not a legal requirement, has been2216quite restrictive.2217    That's impacted our ability to get after the enemy.2218Sometimes, we should always adhere for the law of war, of2219course, distinction and proportionality, military necessity,2220humanity. But I think we live in a risk-adverse culture.2221Commanders are always concerned about getting relieved about2222getting a 15-6 investigation where they killed somebody in a2223civil incident, and that's going to impact their ability to be2224promoted. So, that's an issue that I think you properly2225identified, Senator.2226    Senator Scott. Thank you, Mr. Hansell, in 2019, we2227experienced a tragic church attack at the Pensacola Naval Air2228Station. After that tragic day, I fought hard as Florida's2229Senator to get legislation passed to ensure we properly vet2230every foreign national, regardless of the country of origin, or2231any partnerships we have with these countries. I was glad that2232we were able to make this get this become law, but we have to2233remain vigilant.2234    Can you discuss how we can continue to expand security2235armed bases and protect the brave individuals of our military2236forces and their families?2237    Mr. Hansell. Absolutely. Senator, being from the Panhandle,2238very aware of the incident and your fight for the legislation2239after it. If confirmed, part of my----2240    Senator Scott. Because you know what was happening, it was2241the military wasn't deciding who was allowed on our base. The2242State Department was making the decision about who was allowed2243on our base, not the Department of Defense, which made no sense2244at all.2245    Mr. Hansell. As I testified before, and I assume I will2246more today, is it's these seams in government that we have to2247really be careful of. I think after this legislation though,2248it's very clear about the vetting requirements needed for2249international military students. I would say as disturbed as I2250am about the status of our vetting security clearance, vetting2251capabilities in the Department right now, there can be no2252exception about the application of them in securing our2253personnel.2254    I would just say in addition to, since that incident,2255there's been new threats arising. One that is of a concern of2256mine is this threat of UAS on our installations, and would2257certainly work with my colleagues in policy and the Counter UAS2258Task Force to best address that.2259    Senator Scott. Thank you.2260    Mr. Marks, you know, constantly we get reports that our2261military's not ready to go to battle today. If something2262happened today, they're not ready to go to battle. So, what are2263the things that you can do to make sure that our men and women2264are prepared?2265    Mr. Marks. Senator, I greatly appreciate that question. One2266of the greatest ways that, I believe, that we can help our2267servicemembers is to ensure that the places that they live and2268work are of a high enough standard in quality, so that they're2269not distracted by the things that would keep--take them from2270their mission preparedness to ensure that they're 100 percent2271ready to go do the work that they need to do.2272    Senator Scott. Thank you. Thank you, Chairman.2273    Chairman Wicker. Thank you, Senator Scott. Senator Rosen.2274    Senator Rosen. Well, thank you, Chairman Wicker, Ranking2275Member Reed for holding this hearing.2276    I want to thank Congressman Williams for meeting with me2277last week. Thank you. I'm going to direct my questions to you,2278Congressman. You know, the Nevada Test Site, now known as the2279Nevada National Security Site, NNSS, but we really still call2280it the Test Site Nevada--so, I'll defer to that--it is larger2281than all NNSA sites combined, and to the Ranking Member, our2282site, it's equivalent to the size of the State of Rhode Island.2283So, but----2284    Senator Reed. High tide or low tide?2285    [Laughter.]2286    Senator Rosen. We'll strike that from the record. There you2287go. Anyway, the Nevada's Test Site played a critical role in2288nuclear weapons development. It was ground-zero for the2289majority of the United States explosive nuclear testing from22901951 to 1992, when 100 atmospheric and 828 underground tests2291were conducted during this era, which we must not ever return2292to. Millions of people and acres of land were contaminated by2293radiation.2294    Since President George H. W. Bush signed the moratorium in22951992, the NNSA has utilized the Stockpile Stewardship Program2296in Nevada's underground laboratory to conduct subcritical2297experiments to certify the reliability, safety, and2298effectiveness of our nuclear stockpile. What we're doing in2299Nevada is working. For decades, the directors of the National2300Laboratories, the commanders of U.S. Strategic Command, the2301Secretaries of Defense and Energy, including through the2302entirety of the first Trump administration, have annually2303certified the military effectiveness of our stockpile.2304    Nonetheless, some in President Trump's orbit have suggested2305that the U.S. should resume explosive nuclear testing. Can you2306imagine that? Despite no evidence supporting this position, and2307if it is above ground explosive testing, the amount of exposure2308and destruction would be felt worldwide.2309    So, in addition to placing Nevadans at risk, experts warn2310that breaking the moratorium would likely prompt Russia and2311China to follow, as they have more to gain from testing than we2312do. Given our superior scientific and computer modeling2313capabilities, this could ignite a dangerous, deadly, and costly2314nuclear arms race for no reason.2315    So, Congressman Williams, if President Trump were to ask2316your advice about returning to explosive nuclear tests, how2317would you counsel him on the national security implications,2318and what would you recommend?2319    Mr. Williams. Senator Rosen, thank you for that question.2320Thanks very much for hosting me and that conversation. It's2321very insightful and very much appreciated. As you pointed out2322we have 928 nuclear tests that we performed, more than any2323other nation, and we collected more data than anyone else. It2324is precisely that data that has underpinned our scientific2325basis for confirming the stockpile since the moratorium in23261992. The decision whether to continue testing, critical2327testing, super critical testing, would certainly be above my2328pay grade, should I be confirmed, as the Administrator----2329    Senator Rosen. Would you recommend explosive nuclear2330testing in place of our subcritical testing that we do at the2331U1A tunnel effectively in all of these years?2332    Mr. Williams. Sorry, to get to my answer is, I would not2333advise thank you testing, and I think we should rely on the2334scientific information.2335    Senator Rosen. Thank you. I'm going to stay on this because2336resuming explosive testing at the Nevada National Security Site2337would risk severe economic and environmental impacts, not just2338in Nevada, but primarily in Nevada, placing more than 2 million2339people at risk who live in Las Vegas. Not to mention the down2340winders states going East. We know that at least 32 accidental2341venting accidents occurred during the last period of2342underground testing. That's why there's strong statewide2343bipartisan opposition to testing, including from our Republican2344Governor.2345    So, again, Congressman Williams, how would the risk of2346radiological release and groundwater contamination posed by2347underground nuclear testing, along with the risk to Las Vegas2348economy, feature in your advice to the president, if he were2349even to indicate interest in resuming, even below ground or any2350type of explosive nuclear testing?2351    Mr. Williams. Senator, thank you. The question, my primary2352concern would be for our deterrents. That we're deterring our2353enemies, and the environmental impact, of course, would be very2354important and impactful to the citizens of Nevada. I think2355before those kinds of activities were to take place,2356particularly so close to a populated area like Nevada, those2357would be very important considerations.2358    Senator Rosen. Thank you. Thank you for your time.2359    Chairman Wicker. Thank you very much. Senator Kelly.2360    Senator Kelly. Thank you, Mr. Chairman.2361    Mr. Hansell, as Under Secretary of Defense for Intelligence2362and Security, you would be responsible for the overall security2363of classified information. Recent reporting has highlighted2364that foreign governments are increasingly trying to exploit2365recently fired probationary Federal employees for classified2366information. As you know, some of those probationary employees2367have actually worked for DOD for some period of time. If they2368were promoted, they go to the probationary status.2369    Our national security secrets are more at risk now,2370because--this is my view on this--because of this2371Administration's sledgehammer approach to our Federal2372workforce. This is not about the loyalty of our civilian2373service, but rather about the careless manner in which they2374were being fired.2375    While this isn't a new problem, this administration's2376actions have made it a bigger one. So, already, we're aware of2377an ongoing effort by the PRC [People's Republic of China] to2378contact and recruit members of the U.S. military to learn how2379our military operates so effectively in certain areas.2380Certainly, combat aviation is one of those. We have an edge2381because of our training and our tactics and our, you know, long2382history, especially in combat aviation, but in other areas as2383well.2384    We should not be making this information available to our2385adversaries. So, last year, I introduced a piece of legislation2386called the No Work with Adversaries Act with Senator Cotton to2387help try to tackle this problem. I'm going to be introducing2388this legislation again next year. So, if confirmed, Mr.2389Hansell, how do you plan to shore up our military's defenses2390and ensure servicemembers and DOD civilians are alerted to the2391threat that's out there from the PRC and our adversaries?2392    Mr. Hansell. I appreciate the question, Senator, and I'm2393certainly aware of the magnitude and breadth of TTPs, and the2394agility of the TTPs being used by our adversaries, namely2395Chinese espionage in this situation. Specifically, very aware2396of the legislation you've introduced regarding training of some2397of our fighter aircraft pilots.2398    From outside in, not yet, having been in the Department, I2399would say is my hypothesis that far--is most veterans and2400servicemembers don't have any malice intent. This, I bet the2401bad apples are far and few between. I think this is an example2402where we need to have clear guidance that's understood by2403servicemembers, and develop the tools that enable them to2404navigate the commercial space at a speed of relevance. I'm very2405concerned about the Department's ability in foci identification2406and mitigation, along a slew of variables in the industrial2407base. But this would be a perfect example. You know, reading2408the legislation not only pass through entities, but the amount2409of subsidy that triggers the legislation is something that I2410think we have a burden to provide the servicemembers, the tools2411to do the right thing. Which I think is their natural instinct.2412    Senator Kelly. Yes, I agree with you. Most servicemembers2413do not have any intent to share information, though. Just one,2414the right person with the right knowledge can do significant2415damage to our national security. I think it's also important2416that everybody understands that the risk is out there, and the2417PRC is actively trying to recruit.2418    You know, my understanding is there have been times where2419folks think they're working for one company and they're2420actually working for the PRC. So, getting the information out2421there is incredibly important. So, I hope you work with us on2422that.2423    Mr. Williams, recent efforts to eliminate Federal workers2424and contractors could have significant consequences for NNSA's2425mission. So, how do you assess the impact of potential2426workforce reductions on stockpile sustainment, non-2427proliferation, and modernization programs? Briefly, I don't2428want to go over my 30 seconds.2429    Mr. Williams. Yes. Thank you for the question, Senator, and2430thanks also for working with me on NEPA reform issues under the2431NDAA. I think it was a little over a year ago. If confirmed, I2432will speak up for the men and women of the NNSA and advocate2433for them. I think we know how critical they are to restoring2434our nuclear deterrence, our nuclear weapons enterprise. So, all2435of the discussions about personnel, we're rising to meet a2436historic demand right now. I think innovation is key to that. I2437think efficiency is key to that, but we need the specialized2438workforce that has been developed at NNSA.2439    Senator Kelly. All right, and I encourage you to push back2440against any further cuts to our NNSA workforce when it could2441undermine, especially, the nuclear security mission. Thank you.2442    Chairman Wicker. Thank you very much, Senator Kelly.2443Senator Slotkin.2444    Senator Slotkin. Thank you, Chairman.2445    Mr. Matthews, I mean, to all the nominees, congratulations.2446Mr. Matthews, if confirmed, you will be the senior most lawyer2447in the Department of Defense, an incredibly important job. When2448the Secretary of Defense and the Commander-in-Chief want to2449employ and deploy the Department of Defense, it will come to2450you to decide whether the requests meet those legal standards.2451    I'm concerned that Secretary Hegseth is looking to chart2452his own path on legal issues. As I understand it, in March, he2453brought in his personal lawyer, Timothy Parlatore, to oversee2454sweeping reforms of the JAG Corps, those thousands of military2455lawyers in the Department of Defense who meter out how military2456lawyers are trained, and the decisions that they make. If2457confirmed, would you be Timothy Parlatore's boss, or would he2458be your boss? Can you turn on your mic for us?2459    Mr. Matthews. Thank you for question, Senator. Senator,2460President Trump nominated me to be the chief legal officer of2461Department of Defense. I will be the chief legal officer of the2462Department of Defense and the principal staff assistant to the2463Secretary on all legal matters. I've been reading newspaper2464articles about Mr. Parlatore, but I don't know him. He just2465became a judge advocate, so, I'm not aware of these efforts,2466but I'll be the chief legal officer of the Department of2467Defense. Senator, I'm not an empty suit. I'm a serious guy, and2468I have to speak up.2469    Senator Slotkin. That's what we want. We want the Senate-2470confirmed official to be the senior lawyer. I hope that his2471personal lawyer doesn't start to employ sweeping reforms given2472what the Secretary has already done with the JAG Corps.2473    In that role, which we want you to serve, you'll be asked2474to meter out really big decisions for the Department of2475Defense. There are times when Presidents and Secretaries of2476Defense ask for things that violate the Constitution. You are2477standing in the breach making those tough calls, as we2478discussed in, in our office. Can you just confirm for me that2479and a couple of things that if you are told that Active Duty2480military is being asked to bring--to come in to suppress2481nonviolent protests in violation of Posse Comitatus, will you2482determine and advocate that that not be a way the Department of2483Defense is employed?2484    Mr. Matthews. Senator, I will advise on the law, and I'll2485tell my clients what the law is.2486    Senator Slotkin. Well, I think the law is pretty clear2487about Active Duty suppressing nonviolent protests in violation2488of Posse Comitatus. What about U.S. military holding U.S.2489citizens indefinitely without charge or access to courts? Will2490you push back on any attempt to use those unlawful powers?2491    Mr. Matthews. Senator, you raised a hypothetical scenario,2492which is extraordinary. I'm not aware of that occurring today,2493or----2494    Senator Slotkin. I hope it never happens. We hope it never2495happens, but it's clearly illegal, right? I mean, the----2496    Mr. Matthews. I can imagine no situation where a U.S.2497citizen could be held indefinitely without any access to court2498or due process. I don't see that, Senator.2499    Senator Slotkin. Great. I hope you'll push back on that.2500What about if you are asked to punish military personnel for2501expressing lawful political views outside of their official2502duties, would you advocate for military punishment in that2503case?2504    Mr. Matthews. Senator, the General Counsel of Department of2505Defense, if I'm confirmed, we don't punish anybody. I'm a2506lawyer. I provide legal----2507    Senator Slotkin. Well, make a recommendation. Your2508recommendation.2509    Mr. Matthews. What's the scenario, again, Senator?2510    Senator Slotkin. That a member of the military expresses a2511lawful political view outside of their official duties.2512    Mr. Matthews. I think lawful political view is in the eye2513of the beholder, Senator. As you know, members of the Joint2514Force or the Armed Forces have truncated First Amendment2515rights. So, if they're making disparaging remarks about Members2516of the Senate or of the Commander-in-Chief, that's an issue2517that we need to study.2518    Senator Slotkin. So, if in their private life they express2519a view that they might consider voting for a Democrat, is that2520something you would recommend advocating some sort of reprimand2521for?2522    Mr. Matthews. Senator, I don't have anything against2523Democrats. Not to be flippant, but no ?-it's a hypothetical,2524but I can't imagine a scenario like that, Senator.2525    Senator Slotkin. Well, I mean, we, we see 4-star Generals2526being fired because of their alleged views, right? We're seeing2527people remove JAGs. People, I am assuming you've served with,2528for years, be removed for doing their jobs, because they don't2529comport with the political views of the Secretary of Defense.2530So, it's not a hypothetical to ask whether someone's going to2531be punished for their political views outside of work.2532    Mr. Matthews. Senator, I haven't seen any evidence that the2533JAGs were removed because of political views. I've not seen2534that. Maybe you have access to stuff I haven't seen.2535    Senator Slotkin. Well, I think it's--can we agree? It's2536highly unusual to remove that many JAGs at once. Have you ever2537seen in your career the removal of that many JAGs at one time?2538    Mr. Matthews. Again, Senator, one----2539    Senator Slotkin. Have you ever seen it? You've been there2540for a long time.2541    Mr. Matthews. I have not seen it in my career, but I'll2542tell you this, that one of the persons of those Advocates2543General resigned before the Administration even started. So,2544we're talking about two people Senator, and the actions taken2545by the Secretary were lawful, to my understanding.2546    Senator Slotkin. I'm out of time, so I yield back.2547    Chairman Wicker. Thank you, Senator Slotkin, and Senator2548Peters.2549    Senator Peters. Thank you, Mr. Chairman.2550    Mr. Marks in response to an advanced policy questions that2551was posed to you, you've indicated that you would, ``continue2552to aggressively address PFAS [Per- and Polyfluoroalkyl2553Substances] in a comprehensive manner across the Department.''2554I'm certainly glad to hear that, and, certainly, I am glad to2555hear because it's the top priority for me. Particularly with2556the number of sites that we have in Michigan that need to be2557addressed, and I'm hopeful we can agree on some expectations.2558    So, I'm going to ask you four questions, and if you can2559just answer yes or no, this would be incredibly helpful when it2560comes to PFAS cleanup. First off, yes or no, would you be2561willing to remediate where PFAS exceeds Federal or State2562standards?2563    Mr. Marks. Senator, I would adhere to the laws of the2564standards, and we would remediate to those, if confirmed.2565    Senator Peters. Both Federal and State, cleaning up to the2566extent that meets both Federal and State PFAS standards to2567ensure PFAS Safety?2568    Mr. Marks. Senator, again, we want to clean up to the2569standards as indicated by law and policy?2570    Senator Peters. Next ensuring remediation is completed2571efficiently and effectively?2572    Mr. Marks. To the degree possible. Absolutely, Senator.2573    Senator Peters. Finally, improving transparency and2574engaging with community stakeholders throughout the process?2575    Mr. Marks. Senator Transparency is key, and yes, if2576confirmed, we would want to uphold that.2577    Senator Peters. Great, and transparency is essential. The2578one of the frustrations we've had is the communications in our2579local communities, and I would hope that would be different, if2580you are confirmed.2581    Mr. Marks. Again, Senator, you have my commitment, if2582confirmed, we'll work hard on transparency.2583    Senator Peters. Great. Thank you.2584    Mr. Hansell, congratulations on your nomination. I'm glad2585that we were able to meet in my office prior to this meeting,2586and talk about priorities related to technology acquisition2587process in the Intelligence Community. As we discussed, if you2588recall in my office, the bulk of new information technology2589development in the commercial sector the DOD's traditional2590acquisition practices. We think they need to be updated and2591streamlined to quickly adapt and to integrate to commercial2592technologies that are advancing a whole lot faster than we're2593seeing in the traditional sources.2594    But this kind of change is particularly challenging for the2595IC community given the needs for additional safeguards and2596classification. So, my question for you, sir, is if confirmed,2597how will you work to speed up commercial technology adoption?2598    Mr. Hansell. Senator, thank you for the question. I'm very2599aware of it. In my private sector experience, I've seen the2600challenges highlighted in the FoRGED Act. As advisor to DOD IC2601clients, I saw firsthand the opportunity cost of not enabling2602decisive action. In advising private sector clients trying to2603do business in the Intelligence Community, Defense Department,2604I saw the loss of effects of not being a good customer and not2605cutting the red tape.2606    I agree with you, in areas with more classification, these2607problems are exasperated. I think we certainly--the first thing2608I would do is in line with the FoRGED Act, I think we need to2609be more aggressive, is make sure there's not an over2610classification. I've seen too many times where folks are using2611over classification as a barrier entry to deter competition and2612that is not getting the best effects down range for the2613warfighter. We have to stop that.2614    Another example. The red tape is, when between an FCL2615[Facility Clearance] accreditation, SCIF [Sensitive2616Compartmented Information Facility] accreditation, security2617clearance backlog, when in the private sector, it's sometimes2618is better to buy a company for accreditation than to go through2619the process. I think we can agree the process is extremely2620broken. What I would do, I think, top two things I would do is,2621one, I think that there's incredible amount of people out there2622that want to provide services to the Intelligence Community,2623Defense Department, but don't understand the problems which2624exist because we've overed them. So, I would work to build2625bridge with leaders inside industry.2626    Senator Peters. Right. Well, I look forward to working with2627you, if confirmed, on all of that.2628    Mr. Hansell. Thank you, Senator.2629    Senator Peters. There's a lot to do there.2630    Mr. Williams, the National Nuclear Security Administration,2631which you have been nominated to head, is responsible for a lot2632of very big things, as you know. First and foremost,2633maintaining, enhancing the safety, security, and effectiveness2634of our nuclear stockpile. It's a big job. Yet, we have Elon2635Musk and his DOGE that have made, unfortunately, this agency a2636top target for staffing cuts, which to me, and I think many2637Americans believe is reckless.2638    Mr. Williams, how can the National Nuclear Security2639Administration protect our most sensitive nuclear assets and2640meet its additional responsibilities without sufficient staff?2641    Mr. Williams. Thank you, Senator, for the question. I think2642of course, I'm not in the Department, so I'm not really2643familiar with what the plans are. I'm not familiar other than2644the news reports. However, I will commit to you that, should I2645be confirmed, that I will be an advocate for the men and women2646of the NNSA. They comprise a unique workforce at a unique2647period of time when we have to meet the mission of2648reconstituting our nuclear weapons enterprise. So, that's my2649commitment, Senator. That I'll be an advocate on behalf of the2650men and women of the NNSA.2651    Senator Peters. I'm out of time, but just real quick. If2652confirmed, will you allow DOGE to dictate staffing decisions in2653your agency, if confirmed, or will you push back?2654    Mr. Williams. Senator, I'm not aware of how DOGE operates,2655but the NNSA Act by Congress puts personnel issues under my2656authority, should I be confirmed as the administrator, and I2657will be certain to protect and exercise that authority that's2658given by Congress.2659    Senator Peters. Very well. Thank you, Mr. Chairman.2660    Chairman Wicker. Senator Shaheen.2661    Senator Shaheen. Thank you, Mr. Chairman, and welcome to2662all of the nominees this morning.2663    Mr. Marks, the former Pease Air Force Base in New Hampshire2664was one of the first places where PFAS was discovered after the2665base had been closed. It contaminated the water supply for the2666city of Portsmouth, and the Air Force was very responsive in2667coming and helping the city deal with that, putting carbon2668filters on the wells so that the water was cleaned up, and now2669they have been cleaning up the groundwater since then. So, I2670was reassured to hear your responses to Senator Peters about2671your commitment on PFAS.2672    But I am concerned with reports that I'm hearing from New2673Hampshire, from those people who are part of the Restoration2674Advisory Board that DOD's travel policy restrictions are2675hindering public participation in community PFAS engagement2676meetings. So, again, I was reassured when you committed to2677supporting community engagement on this issue. But do you agree2678that there is a responsibility to meet regularly with those2679restoration advisory boards, and if possible, to do that in2680person where possible so that it increases transparency and2681engagement with communities?2682    Mr. Marks. Senator, thank you for that. I'm unfamiliar2683directly with that part of the issue. However, partnership is2684exactly what needs to take place in communities to be2685successful. If confirmed, I would want to work with the2686services to better understand why they were not allowed to2687travel.2688    I understand the orders that have come forth on that, but2689my understanding is also that mission can go forward. So, I2690would like to dig deeper, if confirmed, to understand more, but2691it would be my encouragement to have those in-person meetings.2692I think they're the most effective methodology.2693    Senator Shaheen. Well, thank you. I appreciate that, and I2694agree, and I would just point out that because of the early2695recognition of PFAS contamination, Pease was the site where the2696Agency for Toxic Substances and Disease Registry, which is now2697being cut, did a health study that is still ongoing. It's about2698to wrap up with, I think, about 9 sites around the country to2699determine the long-term health effects of PFAS.2700    But for us in New Hampshire, the impact from the former2701Pease Air Force Base has been significant. Because there were2702two childcare centers that were affected by the contamination,2703and parents were very concerned about what that impact will be2704long-term on their children.2705    Mr. Matthews, I understand you were present in meetings at2706the Department of Defense on January 6th, and that you2707subsequently wrote a report outlining fallacies in previous2708testimoneys to Congress. I appreciate that. But I'd like to2709know how you intend to ensure that all DOD attorneys provide2710legal advice that's free from political influence.2711    Mr. Matthews. Thank you, Senator. Senator, I think that2712that's the standard. That's the expectation that they will be2713free from political influence. It's your job, and so, I will2714reinforce that requirement throughout the Department to the2715extent I can ask that, if confirmed.2716    Senator Shaheen. You are a member of the Army JAG Corps, is2717that correct?2718    Mr. Matthews. I'm a Reserve officer in the Army JAG Corps.2719Yes, ma'am.2720    Senator Shaheen. Well, I'm sure you're aware that the2721Secretary of Defense fired the Army and Air Force JAGs at the2722beginning of May, starting at the beginning of May. A number of2723my colleagues on this panel have requested answers for why that2724happened. But do you have any knowledge of that?2725    Mr. Matthews. I wasn't at the Department. I have no special2726insight, ma'am. I do know that the--my understanding was that2727Secretary Hegseth announced that the President will be2728accepting nominations for those positions. Air Force, and Army,2729and Navy Judge Advocate General, and that the incumbents for2730the Army and Air Force did resign after it was announced that2731nominations were being sought. But I have no insight into why2732that occurred.2733    Senator Shaheen. But just to be clear, do you consider your2734job as a JAG officer to be political in any way?2735    Mr. Matthews. No, ma'am.2736    Senator Shaheen. Thank you.2737    Mr. Matthews. People in uniforms should stay out of2738politics, ma'am. That's my view.2739    Senator Shaheen. Well, I appreciate that, and I hope that2740that's a value that the Department of Defense and Secretary2741Hegseth will continue to reinforce.2742    Mr. Williams, I just want to followup on Senator Peter's2743question about the firings at NNSA, because as he pointed out,2744there are fewer qualified, experienced personnel now who are2745safeguarding our nuclear weapons. That when the first firings2746happened at NNSA of 3,000 people who were deemed non-essential,2747that people had to be hired back because the firings were not2748targeted enough to recognize who was essential and who wasn't.2749    I would hope that if you are confirmed, that you would be2750very clear about what personnel are essential to ensuring that2751our nuclear stockpile is safe.2752    Mr. Williams. Senator Shaheen, thank you for that question.2753Thanks also for visiting the Air Force Research Lab in Rome,2754New York, where you and I were together a little over a year2755ago. So, thanks for showing interest in the former Griffith Air2756Base. I just wanted to tell you that2757    Senator Shaheen. I don't think that was me, Mr. Williams.2758    Mr. Williams. Was it not?2759    Senator Shaheen. It was not.2760    Mr. Williams. I wish it had been.2761    [Laughter.]2762    Mr. Williams. To answer to your question. The mission of2763NNSA is so critical right now in our national history. The2764workforce is absolutely critical to meeting the needs right2765now. If confirmed, I would work very carefully and closely to2766see what changes, if any, in personnel and scope would be2767necessary.2768    Honestly, I would welcome analysis and evaluation of, are2769we innovating? Are we spending money in NNSA in an optimal way?2770But those decisions, as I've said, I will advocate for the men2771and women of NNSA, and know that they have special skills and2772special experience that cannot be easily replicated.2773    Senator Shaheen. Thank you. Thank you, Mr. Chairman.2774    Chairman Wicker. Thank you, Senator Shaheen. Mr. Reed,2775further questions?2776    Senator Reed. No, Mr. Chairman.2777    Chairman Wicker. This concludes today's hearing. I want to2778thank our witnesses for their testimony, and again, thank their2779friends and families for joining us, and for staying with us.2780For the information of Members and staff, questions for the2781record will be due to the Committee within two business days of2782the conclusion of the hearing. With that, we are adjourned.2783    [Whereupon, at 11:48 a.m., the Committee adjourned.]27842785                                ------27862787    [Prepared questions submitted to The Honorable Brandon M.2788Williams by Chairman Wicker prior to the hearing with answers2789supplied follow:]27902791                        Questions and Responses2792                       duties and qualifications2793    Question. In accordance with title 42, U.S. Code, section 7132(c)),2794the Under Secretary of Energy for Nuclear Security serves concurrently2795as the Administrator for Nuclear Security of the National Nuclear2796Security Administration (NNSA), as set forth in title 50, U.S. Code,2797section 2402. The Under Secretary must have an extensive background in2798national security, organizational management, and appropriate technical2799fields, and be well-qualified to manage the nuclear weapons,2800nonproliferation, and materials disposition programs of the NNSA in a2801manner that advances and protects the national security of the United2802States.2803    What background, experience, and expertise do you possess that2804qualify you for appoint as the Under Secretary for Nuclear Security and2805Administrator for Nuclear Security, National Nuclear Security2806Administration (NNSA)?2807    Answer. As a Veteran of the United States Navy Nuclear Submarine2808Service, I believe my experience completing six strategic deterrent2809patrols aboard the USS Georgia (SSBN 729B) while serving as the2810Strategic Missile Officer, Nuclear Safety Officer, Nuclear Weapons2811Radiological Controls Officer, and Nuclear Weapons Security Officer,2812has never been more important at NNSA. My Nuclear Navy experience2813qualifies me to supervise the operation of two naval nuclear reactor2814designs (5SW and S8G), which I have thousands of hours of supervisory2815experience, and which I was designated as the naval courier for the2816receipt of nuclear weapons and materials for USS Georgia. After leaving2817the Nuclear Navy, I pursued a graduate degree from the Wharton School2818of Business at the University of Pennsylvania. Following which, I2819founded a software company focused on modernizing and securing2820industrial controls for process manufacturing industries. Most2821recently, I served as a Member of Congress for New York's 22d2822congressional District, in which capacity I was named Chairman of the2823House Committee on Science, Space, and Technology Energy Subcommittee,2824which I had oversight authority of DOE National Labs. If confirmed, I2825believe this background, experience, and expertise will best equip me2826for the role that I have been nominated for.2827    Question. What is your understanding of the duties and functions of2828the Under Secretary for Nuclear Security? Of the duties and functions2829of the Administrator, NNSA?2830    Answer. If confirmed, as Under Secretary for Nuclear Security, I2831will report directly to Energy Secretary Wright. My role will be to2832inform and execute his and the President's vision on nuclear security2833and the Department of Energy's (DOE) mission. If confirmed, as NNSA2834Administrator, I will be responsible for executing NNSA's missions of2835maintaining and enhancing the safety, security, and effectiveness of2836the U.S. nuclear weapons stockpile; reducing the global danger from2837weapons of mass destruction; providing the U.S. Navy with safe and2838militarily effective nuclear propulsion; and responding to nuclear and2839radiological emergencies in the United States and abroad.2840    Question. Do you perceive there to be any differences or dissonance2841between the requirements of each such position? If confirmed, under2842whose authority, direction, and control, would you serve in each such2843position?2844    Answer. The Under Secretary for Nuclear Security serves as NNSA2845Administrator. Per the NNSA Act, ``in carrying out the functions of the2846Administrator, the Under Secretary shall be subject to the authority,2847direction, and control of the Secretary.''2848    Question. If confirmed, what additional duties and2849responsibilities, if any, do you expect that the Secretary of Energy2850would prescribe for you?2851    Answer. I am unaware of any additional duties and responsibilities2852that I may be assigned at this time.2853    Question. If confirmed, what would be your main priorities in each2854of the roles for which you have been nominated?2855    Answer. My main priority for the NNSA is to deter the enemies of2856the United States and of those allies with whom we have extended our2857deterrent shield. I am to do this by building and maintaining strategic2858weapons that are safe, secure, effective, and reliable. I will2859emphasize meeting the programs of record for our customers first. I2860want to prioritize the rebuilding of the nuclear weapons enterprise,2861deliver on the Life Extension Programs (LEP) Programs of Record,2862innovate in our ability to respond to emergency and emergent threats2863and continue to pursue non-proliferation and counter-proliferation2864priorities. I also firmly believe that NNSA must rebuild credibility2865with NNSA customers, including the Department of Defense.2866    Question. What are the major challenges you would expect to2867confront if confirmed as the Under Secretary and Administrator?2868    Answer. The fundamental challenge NNSA faces is the need to2869simultaneously replace its aging and failing infrastructure while2870continuing to meet Department of Defense (DOD) requirements for warhead2871modernization. Maintaining leadership focus on these priorities should2872not come at the expense of investment in expanding scientific2873capabilities to expedite future modernization efforts. In addition,2874nuclear proliferation challenges are growing in an increasingly complex2875threat environment.2876    Question. If confirmed, how would you address these challenges?2877    Answer. If confirmed, I will focus significant leadership attention2878on historical project management challenges, and identify best2879practices used in private industry that could be adapted for use at2880NNSA. I will work to develop collaborative relationships with partner2881organizations, especially DOD and Congress, to identify challenges2882early and work to identify solutions. I will review the approaches and2883systems that NNSA is adopting the nuclear deterrent with an eye toward2884identifying efficiencies. While NNSA has a significant Federal2885oversight role of its management and operating (M&O) contractors who2886manage day-to-day operations at the labs, plants, and sites, I will2887make sure M&O contract incentives are properly utilized.2888    Question. If confirmed, what duties and responsibilities would you2889assign to the Principal Deputy Assistant Administrator?2890    Answer. The Principal Deputy Administrator, subject to the2891authority of the Administrator, shall oversee the implementation and2892accountability of contracts, procurement, administrative, budget, and2893planning activities. In addition, the Principal Deputy Administrator2894will engage with stakeholders, partners, and suppliers to NNSA to2895develop efforts for resiliency, efficiency, and innovation to the2896nuclear weapons enterprise.2897                         conflicts of interest2898    Question. Federal ethics laws, to include 10 U.S.C. Sec. 208,2899prohibit government employees from participating in matters where they,2900or certain family members or organizations with which they have certain2901relationships, have a financial interest.2902    Do you agree, without qualification, if confirmed, to disclose any2903potential conflicts of interest, including investments, business ties,2904family relationships, or other connections that could be perceived as2905influencing your decisionmaking?2906    Answer. Yes.2907    Question. Do you agree, without qualification, if confirmed, that2908if a conflict of interest arises, you will recuse yourself from2909participating in any relevant decisions regarding that specific matter?2910    Answer. Yes.2911    Question. Do you commit, without qualification, if confirmed, to2912decisionmaking on the merits and exclusively in the public interest,2913without regard to private gain or personal benefit?2914    Answer. Yes.2915               nnsa organization and management structure2916    Question. The NNSA Act of 2000, as amended, establishes that the2917Administrator for Nuclear Security``. . . shall be subject to the2918authority, direction, and control of the Secretary [of Energy]. Such2919authority, direction, and control may be delegated only to the Deputy2920Secretary of Energy, without re-delegation.''2921    What is your view on the relationship between the Secretary of2922Energy and the Administrator of NNSA in statute and in recent practice?2923    Answer. Per the NNSA Act, NNSA is subject to the authority,2924direction, and control of the Secretary. To ensure NNSA is successful2925in executing its mission, I believe the NNSA Administrator must have a2926robust relationship with the Secretary of Energy and Deputy Secretary2927of Energy. If confirmed, I will work closely with the Secretary and2928Deputy Secretary to bolster NNSA's efficiency and impact.2929    Question. How is the ``semi-autonomous'' nature of the NNSA, as set2930forth in the by the NNSA Act, reflected in NNSA's organizational2931structure? What makes NNSA different from the domains of the other2932Under Secretaries of the Department of Energy (DOE)--in both law and2933practice?2934    Answer. The NNSA Act established NNSA as a semi-autonomous2935organization under DOE to execute its national security programs. This2936statutory authority is unique in that it provides the Administrator2937authority over key operational functions, such as policy development,2938personnel, and procurement. The NNSA Act also delineates specific2939identified positions, such as the Administrator, Principal Deputy2940Administrator for Nuclear Security, Deputy Administrator for Defense2941Programs, Deputy Administrator for Defense Nuclear Nonproliferation,2942Deputy Administrator for Naval Reactors, and a General Counsel.2943    Question. With a view to improving organizational management and2944operational effectiveness, would you recommend any changes to the2945structure of NNSA?2946    Answer. Independent studies in recent years have noted that NNSA's2947management of the nuclear security enterprise is generally improving.2948There is always room for improvement. Given NNSA's unique structure and2949relationships with its management and operating contractors (M&O),2950sustaining transparent communication and facilitating productive2951relationships with stakeholders is fundamental to effective governance2952and management. NNSA must deliver on its missions cost-effectively and2953efficiently. If confirmed, I will work with the NNSA leadership team to2954ensure that the agency executes program and project management2955efficiently, with the highest acumen and in a fiscally responsible2956manner.2957           relationship with the department of defense (dod)2958    Question. If confirmed, you will be a member of the Nuclear Weapons2959Council (NWC), together with the Under Secretaries of Defense for2960Acquisition and Sustainment, Policy, and Research and Engineering, as2961well as the Vice Chairman of the Joint Chiefs of Staff and the2962Commander of U.S. Strategic Command. Since the 1946 Atomic Energy Act,2963when it was designated as the ``Military Liaison Committee,'' the2964primary purpose of the NWC is to serve as the civilian-military2965interface and set the military requirements for the nuclear weapons2966stockpile, which form the basis of the core mission of NNSA. The2967Department of Defense (DOD) is, in a sense, NNSA's primary customer.2968    How would you assess the relationship between NNSA and the DOD, at2969both senior management levels, as well as at working levels?2970    Answer. I have not yet had the opportunity to witness these2971relationships first-hand, but I understand NNSA and DOD continue to2972integrate their work well and maintain a positive working relationship.2973NNSA and DOD must continue to successfully integrate each of their2974unique capabilities, responsibilities, and schedules to maintain a2975safe, secure, and effective nuclear deterrent.2976    Question. If confirmed, what steps would you recommend to improve2977this relationship?2978    Answer. If confirmed, I plan to maintain regular engagements with2979my DOD counterparts to ensure consistent communications and2980coordination so that NNSA remains a dynamic partner ready to support2981the nuclear security mission.2982    Question. Do you believe that NNSA is adequately responsive to the2983requirements set by the DOD?2984    Answer. Yes, though I understand the demand on the nuclear security2985enterprise has significantly increased. If confirmed, I will work to2986ensure continual communication and collaboration with DOD and, if2987necessary, improve NNSA's ability to respond to DOD requirements.2988Likewise, I will endeavor to inform DOD requirements by communicating2989NNSA's current and planned capacity, and work to ensure that NNSA2990modernization and recapitalization efforts are poised to provide2991options for future DOD requirements.2992    Question. Do you believe it important for the NWC to ensure the2993NNSA is adequately funded through the interagency budget process to2994meet DOD's requirements?2995    Answer. I believe NNSA must submit a budget capable of supporting2996the activities necessary to meet DOD requirements. If confirmed, I will2997work with the Secretary of Energy, the Office of Management and Budget,2998and the NWC to make sure NNSA understands DOD requirements and requests2999the necessary funding to meet those requirements.3000                              nnsa budget3001    Question. The workload of the NNSA has seen an unprecedented3002increase over the past several years, an increase that is expected to3003continue for the foreseeable future. However, growth in the NNSA budget3004has consistently failed to keep pace with inflation and failed to fully3005resource a variety of projects understood to be critical capability3006needs, such as tritium and conventional high explosives production.3007    Multiple independent commissions, including the Commission on the3008National Defense Strategy, and the Commission on the Strategic Posture3009of the United States have highlighted that U.S. defense investments are3010inadequate for addressing the international security threats facing the3011United States. These conclusions have been echoed by many Members of3012Congress.3013    Question. Do you agree that sustained real growth in the defense3014budget, including the national security functions of the Department of3015Energy, of at least 3 to 5 percent is necessary to meet global security3016challenges without incurring significant additional risk?3017    Answer. I have not been fully briefed to be able to sufficiently3018evaluate the defense budget's needs. If confirmed, I will work with DOE3019colleagues, my Federal counterparts, and additional stakeholders to3020request the necessary funding to meet our national security needs to3021keep America safe.3022    Question. 10 U.S.C. 179 requires the Nuclear Weapons Council to3023examine the NNSA budget before its submission to the Office of3024Management and Budget (OMB) to ensure it can meet DOD requirements, and3025provide confirmation of such review to Congress.3026    If confirmed, do you commit, without qualification, to complying3027with the requirements of 10 U.S.C. 179 with regard to the annual NWC3028examination of the NNSA budget prior to its submission to OMB?3029    Answer. Yes.3030    Question. How would you ensure compliance with this provision,3031including ensuring the NWC is accorded adequate time to review the3032budget before its submission to OMB?3033    Answer. I have not had the opportunity to be briefed on this, but I3034understand there is an existing process. If confirmed, I plan to work3035with the NWC and the Secretary of Energy to facilitate review of the3036NNSA budget and deliver timely responses to any NWC stakeholder3037inquiries.3038    Question. If confirmed, by what standards would you measure the3039adequacy of the NNSA budget?3040    Answer. The adequacy of the NNSA budget must be measured by3041evaluating how effectively the NNSA's strategy documents are being3042implemented to meet statutory obligations and accomplish the3043Administration's policies. If confirmed, I will work with my NNSA3044colleagues, Federal counterparts, and additional stakeholders to3045determine the appropriate resource levels required for the NNSA budget3046to fulfill its statutory responsibilities and accomplish the3047administration's policy goals.3048                    nuclear policy and modernization3049    Question. United States nuclear forces are the bedrock of our3050Nation's defense, underpin our most critical alliances, and have3051deterred nuclear aggression and great power conflict for more than 703052years. Unfortunately, long deferred investments have left us with3053systems and production capabilities beyond or nearing the end of their3054useful lives. These capabilities must be updated to maintain a viable3055nuclear deterrent.3056    Do you agree with the assessment of past Secretaries of Defense3057that nuclear deterrence is the Nation's highest priority mission and3058that modernizing our Nation's nuclear forces is a critical national3059security priority?3060    Answer. Yes, I do. Since the end of World War II, our nuclear3061stockpile has served as the bedrock of our Nation's defense. If3062confirmed, I look forward to coordinating with NNSA's counterparts in3063DOD to ensure we retain a modern, capable, and effective nuclear3064deterrent.3065    Question. If confirmed, do you commit to support and advocate for3066full funding for efforts to comprehensively modernize the Nation's3067nuclear weapons stockpile, including supplemental capabilities like the3068warhead for the sea-launched cruise missile, the supporting sustainment3069and production infrastructure, and experimental capabilities, and3070accelerate such programs wherever possible?3071    Answer. Yes. If confirmed, I commit my support for both the3072modernization of the U.S. nuclear weapons stockpile, including SLCM-N,3073as well as the recapitalization of the production and science and3074technology infrastructure that support it.3075    Question. In its unanimous bipartisan conclusions, the 20233076Strategic Posture Commission (SPC) highlighted the rapidly growing3077threats facing the United States, now and in the coming decades from3078China's unprecedented nuclear and military force expansion, Russia's3079aggression and investment in destabilizing strategic capabilities, and3080growing regional nuclear and missile threats from North Korea and Iran.3081To address these threats, the SPC recommended, among other steps, that3082the U.S. should expedite its ongoing nuclear force modernization3083activities, modify its strategic nuclear force structure to account for3084the rapid growth of China's nuclear forces and the unprecedented need3085to deter two nuclear-armed peer adversaries, and urgently develop3086additional theater range nuclear options.3087    Do you agree with the conclusions of the SPC regarding global3088threats to U.S. interests?3089    Answer. I agree with the SPC's findings with regards to the threat3090environment, the challenges posed by cooperation among our adversaries,3091the potential for opportunistic aggression, and the real challenge of3092deterring and, if necessary, winning simultaneous conflicts in Europe3093and the Indo-Pacific. If confirmed, I look forward to being briefed on3094the work NNSA may have implemented so far in response to these threats3095and the work that remains to be done to leverage NNSA's capabilities to3096promote peace through strength and support wider global stability.3097    Question. What is your understanding of how Russia, China, and3098North Korea have expanded and/or modernized their nuclear force3099capabilities?3100    Answer. I understand the global security environment has become3101more complex in recent years. NNSA, along with its national3102laboratories, is uniquely capable of applying technical nuclear weapons3103program expertise to assess foreign nuclear weapons programs. If3104confirmed, I will seek the appropriate briefings on nuclear threats to3105focus NNSA's efforts on deterring and countering those that threaten3106U.S. interests.3107    Question. In your view, how does NNSA support strategic competition3108with the countries highlighted by the SPC and contribute to the overall3109national security of the United States?3110    Answer. Every element of the NNSA mission enables and ensures the3111United States' ability to strategically compete with our adversaries.3112NNSA's sustainment and modernization of our nuclear arsenal is the3113backbone of our national defense, ensuring the United States fields3114modern, reliable, and effective weapons to deter our adversaries.3115Recapitalization of the production enterprise demonstrates the United3116States' commitment to the nuclear mission over the long term and sends3117a signal to the rest of the world that the United States is able, and3118willing, to strategically address changes to the geopolitical3119environment by fielding modern capabilities. This also helps to3120dissuade adversaries from believing they can outpace our Nation in the3121nuclear domain.3122    NNSA's nonproliferation mission also helps ensure threats to the3123United States are minimized and, when applicable, nuclear agreements3124are verifiable to deter negotiating partners from abrogating them.3125NNSA's counterterrorism and counter-proliferation efforts ensure the3126spread of nuclear weapons will not occur without notice and that3127nuclear use cannot occur with impunity and non-attribution. The Naval3128Nuclear Propulsion mission is essential to advancing the United States'3129ability to project power globally. Collectively, NNSA's capabilities3130help underpin national security efforts to allow the United States to3131deter, compete, and project strength globally.3132    Question. Do you support continued collaboration with the United3133Kingdom in the maintenance of its independent nuclear deterrent?3134    Answer. Yes. The United Kingdom's independent nuclear deterrent3135plays an immense role in providing a nuclear umbrella to our NATO3136allies and, equally as important, acts to complicate adversarial3137military calculus. If confirmed, I would continue to support and3138advocate for our collaboration with the United Kingdom.3139    Question. Past administrations have conducted Nuclear Posture3140Review (NPR) to define the upcoming overarching U.S. nuclear policy and3141strategy. The last NPR, conducted in 2022 by the Biden administration,3142emphasized the importance of modernizing our stockpile, NNSA3143facilities, and the workforce. Although the Secretary of Defense is the3144primary cabinet official responsible for policymaking regarding nuclear3145weapons, the support of the Secretary of Energy and the Administrator3146for Nuclear Security are crucial to successful execution of the nuclear3147mission.3148    If confirmed, what would be your role in the conduct of the Trump3149administration's NPR, should it choose to conduct one?3150    Answer. If confirmed and the Administration decides to pursue an3151updated NPR, I will take an active role to ensure NNSA's capabilities3152and requirements are communicated and understood as part of this3153process. NNSA has unique responsibilities to deliver a deterrent that3154remains safe, secure, and effective for America.3155    Question. If confirmed, what changes, if any, to the policies3156outlined by the 2022 NPR would you recommend the Trump administration3157consider?3158    Answer. In my current capacity, I am not privy to potential3159deliberations that may be occurring regarding a future NPR. However, I3160will make sure NNSA executes the policy decisions outlined in any3161update. Given the complex challenges and strategic environment we face3162today, I believe that modernizing infrastructure across the enterprise,3163delivering capabilities to DOD, advancing future capabilities through3164research and development and restoring the domestic production of3165strategic materials will be enduring priorities for NNSA.3166    Question. Should the upcoming NPR call for the development of3167additional nuclear capabilities, will you commit, if confirmed, to3168supporting those additions and ensuring that NNSA fully supports the3169new requirements?3170    Answer. Yes.3171    Question. Arms control, when effective and verifiable, has been a3172valuable tool for managing competition and international security3173concerns. In contrast, unverifiable arms control regimes observed by3174only one party can generate instability.3175    Do you believe that further reductions should be taken only within3176the context of a formal, verifiable arms control agreement with Russia,3177China and other nuclear-armed powers?3178    Answer. Decisions regarding future arms control initiatives will be3179decided by the Administration. If confirmed, I will work with3180interagency partners to contribute to appropriate future arms control3181initiatives when feasible. In the meantime, I will ensure that NNSA's3182nuclear security enterprise is investing in the development, testing,3183and evaluation of monitoring and verification tools and concepts so3184that the United States can enter future arms control negotiations with3185confidence that we possess the necessary technologies and approaches3186for possible future monitoring and verification requirements.3187                        nuclear weapons council3188    Question. By statute, the Administrator for Nuclear Security is a3189member of the Nuclear Weapons Council. In your view, what are the most3190significant issues the Council should take up in the coming years?3191    Answer. While I am not privy to the internal deliberations of the3192NWC, I do believe that the NWC should take a strategic approach to3193prioritizing the execution of the existing Program of Record, which has3194been called necessary but insufficient, while identifying opportunities3195to accelerate or augment capabilities beyond those planned3196modernization programs. Successfully accomplishing these efforts and3197meeting DOD needs while limiting schedule delays and cost increases for3198infrastructure, warhead, and platform modernization will require NWC3199focus and prioritization. If confirmed, I look forward to collaborating3200with my fellow DOD colleagues through the NWC to continue pursuing the3201full-scale recapitalization of the enterprise while simultaneously3202executing necessary warhead modernization programs.3203    Question. If confirmed, will you commit to fully participating in3204NWC matters and personally attending meetings?3205    Answer. Yes.3206    Question. If confirmed, will you commit to working with the other3207members of the NWC and the interagency to ensure that annual budgets3208adequately support the modernization and sustainment of the U.S.3209nuclear weapons stockpile?3210    Answer. Yes.3211    Question. The Fiscal Year 2025 National Defense Authorization Act3212restructured the existing Assistant Secretary of Defense for Nuclear,3213Chemical, and Biological Defense Programs into the Assistant Secretary3214of Defense for Nuclear Deterrence, Chemical, and Biological Defense3215Policy and Programs. Congress took this action to cut through3216bureaucratic stovepipes in the Office of the Secretary of Defense and3217designate a single official as the principal civilian staff assistant3218responsible for nuclear policies, programs, and operations.3219    What is your understanding of the role of this position in relation3220to the Nuclear Weapons Council and with regard to the overall DOD3221relationship with the NNSA?3222    Answer. I expect this position will facilitate close coordination3223within DOD and the NWC and will streamline communication between DOD3224and NNSA. If confirmed, I look forward to discussions with DOD3225colleagues about how they are implementing this restructuring.3226                            defense programs3227    Question. Do you believe that the United States currently possesses3228the capabilities to ensure the stockpile is safe, secure, and3229reliable--without the need to resume nuclear explosive testing?3230    Answer. Yes. The United States continues to observe its 19923231nuclear test moratorium; and, since 1992, has assessed that the3232deployed nuclear stockpile remains safe, secure, and effective without3233nuclear explosive testing. Each year, the national security lab3234directors and the Commander of U.S. Strategic Command assess the3235stockpile and determine if there is anything that would require a need3236to return to underground nuclear explosive testing. If confirmed, I3237will continue to support the annual assessment process and will ensure3238NNSA continues to comply with these readiness requirements while also3239supporting a robust Stockpile Stewardship Program.3240    Question. What is your understanding of the current nuclear weapons3241stockpile modernization plan?3242    Answer. I understand NNSA is currently executing seven simultaneous3243stockpile modernization programs at different stages of design,3244engineering, production, and delivery. The Program of Record includes3245the B61-12, W88 Alt 370, W80-4, W87-1, W93, B61-13 and the development3246of SLCM-N. NNSA is also recapitalizing its production infrastructure3247and design, certification, and assessment capabilities to support the3248current and future deterrent. NNSA's primary focus remains delivering3249modernized warheads to DOD, and I understand that the nuclear security3250enterprise is actively working each of these programs.3251    Taken together, the current program of record will run through the32522030's and cover all three legs of the nuclear triad. Its successful3253delivery will increase the effectiveness and reliability of the U.S.3254nuclear stockpile while providing more flexible options to the3255President and enhancing U.S. security. While the program of record is3256planned through the 2030's, deterrence does not stop on any particular3257date. NNSA must continue to be responsive to DOD requirements while3258developing capabilities to meet deterrent gaps of any kind that may3259emerge well into the future. Above all, our nuclear modernization plan3260must deter the full range of threats posed by adversaries and ensure3261the United States has an enduring safe, secure, and effective nuclear3262stockpile.3263    Question. Do you have any concerns with this level of effort3264required of NNSA and, in particular, concurrency between the plants and3265the laboratories?3266    Answer. If confirmed, I will work closely with NNSA's laboratories,3267plants, and sites to ensure that NNSA and the nuclear security3268enterprise are able to deliver these critical programs on time and on3269budget. Though the work required of NNSA may seem daunting, I am3270encouraged by improved collaboration between NNSA's labs, plants, and3271sites in recent years that has resulted in tangible progress in3272delivering modernized weapons and recapitalized infrastructure. If3273confirmed, I look forward to accelerating progress in delivering the3274nuclear deterrent.3275    Question. Congress has authorized the Stockpile Responsiveness3276Program for the last several years in order to exercise design and3277engineering skills in support of the nuclear weapons mission, but this3278authority has not been fully utilized by NNSA.3279    If confirmed, how would you support the Stockpile Responsiveness3280Program and make full use of the authorities it provides NNSA?3281    Answer. The unique capabilities of the Stockpile Responsiveness3282Program (SRP) allow it to advance important technology and prototype3283systems with new capabilities that will be required to allow the United3284States to appropriately respond to future threats, technology trends,3285and international developments not addressed by existing programs. If3286confirmed, I will fully support, and request funding for, SRP to3287exercise and develop the nuclear security enterprise's ability to3288respond to emerging threats and to ensure DOE/NNSA can recruit, train,3289and retain the next generation of weapon designers and engineers, and3290to improve integration across the complex to prepare for future3291demands.3292    Question. If confirmed, what are your long-term plans for the3293National Ignition Facility and other critical experimental facilities?3294    Answer. The National Ignition Facility is critical to ensuring the3295safety and reliability of the Nation's nuclear stockpile. If confirmed,3296I look forward to being briefed on the long-term plans of the National3297Ignition Facility.3298    Question. What are your views of the Advanced Computing Program and3299what is your vision for the use of advanced computing in furtherance of3300NNSA missions?3301    Answer. The Advanced Computing Program enables NNSA to expertly3302model multiple, connected aspects of nuclear weapons performance. If3303confirmed, I will continue NNSA's commitment to acquire greater3304computational capabilities that support the use of sophisticated3305physics models and advanced artificial intelligence capabilities to3306more accurately represent nuclear phenomena and enable simulations of3307unprecedented resolution and precision, essential for evaluating the3308performance, safety, and reliability of U.S. nuclear weapons.3309    Question. What role do you see in the application of artificial3310intelligence and machine learning tools in support of NNSA missions?3311    Answer. Artificial intelligence will increasingly become an3312indispensable tool for NNSA. Alongside supercomputers, new AI-based3313workflows coupled with machine learning can address emerging3314challenges, including material discovery, design optimization, and3315advanced manufacturing within the nuclear security enterprise. If3316confirmed, I will evaluate the use of AI and machine learning and3317application across NNSA's mission space, whether in support of the3318stockpile or addressing nonproliferation, counterproliferation, and3319infrastructure challenges.3320    Question. The NNSA depends upon a unique mix of private sector and3321government sources for research, development, and manufacture of3322critical technologies to support its national security missions.3323However, U.S. superiority in key areas of innovation is decreasing or3324has disappeared. Our competitors are engaging in aggressive military3325modernization and advanced weaponry development. Much of the innovation3326in critical technologies suitable for national defense purposes is3327occurring outside of the traditional defense industry.3328    In your view, what technologies do you see as having the greatest3329impact on the missions of the NNSA in the future?3330    Answer. Applications using artificial intelligence (AI) could give3331NNSA a continued advantage over U.S. adversaries in the design and3332manufacture of nuclear weapons. AI and machine learning technologies3333have potential to optimize experimental designs, analyze diagnostic3334data and improve facility operations.3335    Additionally, advanced manufacturing techniques can accelerate3336production and improve the quality of components and systems used in3337nuclear weapons. If confirmed, I will work with NNSA's multiple program3338offices and the labs, plants and sites to leverage AI, machine3339learning, and advanced manufacturing for our national security3340missions.3341    Question. Do you believe NNSA is effectively developing this3342technology in comparison to our adversaries?3343    Answer. In my current capacity, I am not privy to activities NNSA3344may be undertaking to develop this technology. I agree that effective3345development and application of advanced technologies are essential to3346maintaining U.S. supremacy in the nuclear arena. I would, if confirmed,3347investigate current efforts and be prepared to provide a more complete3348answer.3349    Question. Are NNSA's investments in these technologies3350appropriately focused, integrated, and synchronized across all of the3351administration's missions and with the DOD, where appropriate?3352    Answer. One of the principal responsibilities of the NNSA3353Administrator is to ensure integration of efforts across NNSA3354laboratories, plants, and sites, including the application of advanced3355technology, and to integrate these efforts with DOD where needed. If3356confirmed, I will make this a key priority.3357    Question. In general, do you see NNSA as a good partner for3358innovative, private sector entities?3359    Answer. Yes. NNSA's labs, plants and sites, in tandem with private3360industry, provide cutting-edge, world class scientific and3361manufacturing capabilities and engagement. If confirmed, I will3362evaluate partnerships in the private sector for continued preeminence3363in critical fields related to the security of the nuclear stockpile.3364    Question. What steps would you take to improve the NNSA's ability3365to engage industry, particularly innovative firms outside the3366traditional Nuclear Security Enterprise?3367    Answer. In my current capacity, I am not privy to NNSA's3368engagements with industry partners, but I understand that NNSA3369routinely engages industry partners on its contracting opportunities3370through industry days, pre-proposal conferences, individual meetings3371and requests for information on various requirements. If confirmed, I3372commit to implementing suggestions from industry partners, when3373possible, as well as implementing lessons learned from contract3374competitions.3375                  construction and project management3376    Question. NNSA has been plagued by cost overruns, schedule delays,3377and project cancellations related to the construction of nuclear3378facilities, including the Uranium Processing Facility, the Savannah3379River Plutonium Processing Facility, and the High Explosive Synthesis,3380Formulation, and Production Facility.3381    In your opinion, what are the primary causes of these repeated3382failures in project management?3383    Answer. In the past, NNSA projects have failed due to ill-defined3384requirements, deficiencies in contractor performance and planning,3385inefficient oversight by Department personnel, procurement delays,3386inadequate accountability for contractors, and contract structures that3387insufficiently incentivized contractor performance. In addition, I3388understand NNSA has been negatively impacted by COVID-19 and inflation3389issues that have hit the entirety of the construction industry. If3390confirmed, I will work to adopt business best practices to support the3391completion of projects to meet the needs of the Nation.3392    Question. In your view, are the changes in NNSA project management3393practices undertaken over the last few years sufficient to address3394these problems?3395    Answer. Over the past few years, NNSA has made continued3396improvements to address project management challenges, but more work in3397this area is required. If confirmed, I will be looking for areas where3398we can adopt innovative strategies to more efficiently deliver NNSA's3399mission, such as the streamlining of project management requirements.3400    Question. If not, what additional steps would you take, if3401confirmed, to improve the availability of highly qualified talent3402capable of managing intensive capital infrastructure projects?3403    Answer. Attracting talented professionals to manage these3404challenging infrastructure projects is foundational to the success of3405the enterprise. If confirmed, I will ensure NNSA hiring requirements3406for these positions value commercial experience equivalent to Federal3407experience to attract highly qualified talent. I will also focus on3408building high performing teams in areas requiring the most attention in3409collaboration with the labs, plants and sites.3410    Question. If confirmed, what specific steps would you take to3411ensure that these project management failures are not repeated in the3412future?3413    Answer. If confirmed, some of my recommendations include holding3414those responsible for the project accountable, codifying the optimal3415level of oversight, taking decisive action when necessary, implementing3416lessons learned, strengthening cost estimating practices, and3417identifying opportunities for acceleration.3418    Question. What specific changed in policy, practice, organization,3419or regulation would you recommend in furtherance of this effort?3420    Answer. If confirmed, I will review current efforts and processes3421to ensure that my team continues to refine policy for consistent3422approaches in cost estimating, eliminate redundant policies and apply3423more streamlined processes that govern acquisition and project efforts.3424I will focus on contract structure and incentives to drive performance.3425    Question. In your view, does the Administrator for Nuclear Security3426need any additional authorities or flexibilities to address the root3427causes of these project management failures? Please explain your3428answer.3429    Answer. My understanding is that NNSA follows DOE Order 413.3B3430which governs program and project management for the acquisition of3431capital assets. I agree that rigorous project management principles are3432important. I support Energy Secretary Wright's recent memorandum which3433focuses on strengthening national laboratory efficiency and mission3434execution. If confirmed, I look forward to being briefed on its3435detailed application to NNSA's critical infrastructure mission3436activities and whether more changes are warranted.3437    Question. In 2014, largely in response to a string of the large3438project management failures, Congress created the Office of Cost3439Estimation and Program Evaluation (CEPE) in the Department of Energy.3440CEPE was modeled on the DOD Office of Cost Assessment and Program3441Evaluation (CAPE).3442    In your view, is CEPE sufficiently staffed to effectively provide3443the Administrator for Nuclear Security with costing and project3444management advice on the variety of projects within NNSA?3445    Answer. In my current capacity, I am not privy to NNSA's staffing3446details. If confirmed, I am aware that 50 USC 2411 details the CEPE3447Director's responsibilities, and under that statute I would be3448responsible for `` . . . ensur[ing] that the Director has sufficient3449personnel who have competence in technical matters, budgetary matters,3450cost estimation, technology readiness analysis, and other appropriate3451matters to carry out the functions required by this'' statute.3452    Question. Does CEPE have sufficient authority and access to DOE3453data and information to serve its statutory purpose?3454    Answer. I value the importance of data and information in3455performing NNSA's statutory mission. If confirmed, I will require3456accurate cost estimates and analyses to inform my decisions at NNSA,3457and I understand that this important work also informs the NWC and3458Congress. In my current capacity, I am not privy to their specific data3459sources. I will review whether CEPE has sufficient authority and3460access.3461    Question. CEPE reports directly to the Administrator for Nuclear3462Security. If confirmed, what steps will you take to ensure that CEPE3463has adequate access to you and other senior leaders in your3464organization, as necessary and appropriate?3465    Answer. Per 50 USC 2411, the ``Director shall be the principal3466advisor to the Administrator, the Deputy Secretary of Energy, and the3467Secretary of Energy with respect to cost estimation and program3468evaluation for the Administration.'' If confirmed, their independent3469analyses and reviews will inform my decisionmaking. I will foster a3470solid working relationship with the CEPE Director.3471    Question. If confirmed, specifically how would you undertake to3472support and sustain CEPE capabilities and independence?3473    Answer. If confirmed, it would be important to me that CEPE's3474capabilities are supported and sustained. In my current capacity, I am3475not privy to all of the capabilities that CEPE possesses. If confirmed,3476I would endeavor to understand these unique and important capabilities3477as soon as possible. I commit to taking the actions needed to sustain3478these capabilities.3479                           plutonium strategy3480    Question. NNSA has selected two sites for plutonium pit production:3481Los Alamos will produce approximately 30 pits per year and the Savannah3482River Plutonium Processing Facility (SRPPF) will produce up to 50 pits3483per year, for a projected two-site total of no fewer than 80 pits per3484year. These production targets were established several years ago,3485prior to revelations about the speed and scope of potential adversary3486nuclear force expansions.3487    Do you believe and overall production target of no fewer than 803488pits per year is sufficient to meet future demands for modernizing and3489adapting the U.S. nuclear weapons stockpile?3490    Answer. I have not yet been briefed on the projected demands of the3491U.S. nuclear deterrent, however, in 2018, the Nuclear Weapons Council3492endorsed NNSA's two-site approach to supply no fewer than 80 war3493reserve plutonium pits per year in alignment with DOD requirements. If3494confirmed, I pledge to work closely with NNSA and laboratory, plant,3495and site leadership to achieve full rate production and continue to3496explore opportunities to accelerate the production capacity required to3497support the nuclear deterrent.3498    Question. Do you support the two-site solution, initiated under3499President Trump's first term, for meeting statutory requirements for3500pit production?3501    Answer. Yes.3502    Question. What are your views on the January 16, 2025, district3503court settlement halting installation of classified equipment and3504construction of associated facilities at SRPPF until such time as NNSA3505prepares a new Programmatic Environmental Impact Statement?3506    Answer. I understand the settlement agreement, which brought an end3507to the lawsuit challenging the National Environmental Protection Act3508work done in support of plutonium pit production was mutually agreed3509upon by NNSA/DOE and the plaintiffs. Per the Agreement, NNSA will3510conduct a Programmatic Environmental Impact Statement (PEIS) and issue3511a Record of Decision based on the findings of the PEIS. The Department3512agreed to complete this process within two and a half years and3513committed to ensuring enhanced public participation. If confirmed, I3514will review the status of SRPPF to ensure this will not pose a problem3515for pit production in general or SRPPF in particular.3516    Question. What are your views on the Los Alamos site and its3517capabilities to achieve its pits per year production target to support3518the demands of the ongoing stockpile program?3519    Answer. I welcomed LANL, NNSA, and the nuclear security3520enterprise's achievement in producing the first war reserve plutonium3521pit for the W87-1 nuclear warhead last year. If confirmed, I will3522prioritize the rate production of plutonium pits at LANL and continue3523to explore opportunities to accelerate the production capacity required3524to support the nuclear deterrent.3525    Question. SRPPF has been plagued by issues with design and3526construction since the decision was made to covert the partially3527completed Mixed Oxide Fabrication Facility to into a facility for3528producing plutonium pits. The project also experienced significant cost3529growth and delays due to impacts from the COVID-19 pandemic and the3530post-pandemic spike in inflation.3531    What is your understanding of the status of SRPPF and the project's3532likelihood of supporting NNSA efforts to meet the statutory requirement3533to produce no fewer than 80 plutonium pits per year?3534    Answer. I understand that SRPPF will establish the capability to3535produce no fewer than 50 War Reserve pits per year and that the3536facility will be a secure, reliable and efficient pit production3537facility.3538    I understand that NNSA previously notified Congress of its3539inability to reach plutonium pit rate production by 2030. If confirmed,3540I will prioritize the advancement of SRPPF to enable NNSA to deliver3541plutonium pits at the rates needed to support stockpile modernization3542and NNSA's efforts to mitigate further delays and cost growth.3543    Question. If confirmed, what steps would you take to improve the3544performance of the project, both in terms of cost management and3545construction efficiency?3546    Answer. If confirmed, my recommendations include holding those3547responsible for the project accountable and identifying opportunities3548for acceleration. If confirmed, I will prioritize understanding NNSA's3549project management practices to ensure the project does not encounter3550past challenges.3551                uranium strategy and tritium production3552    Question. Since the United States Enrichment Corporation (USEC)3553ceased enrichment operations in 2013, DOE has relied on the existing3554stockpile of highly enriched uranium (HEU) to support Naval Nuclear3555Propulsion, as well as the down-blending of recycled HEU to meet3556requirements for unobligated LEU for tritium production, but the3557available supply of HEU is finite. To address this supply limitation,3558the Fiscal Year 2025 National Defense Authorization directed the3559Secretary of Energy to identify two to four sites for reestablishing3560unobligated domestic uranium enrichment, for both defense and civilian3561energy purposes, with an eye to begin construction no later than 2027.3562    If confirmed, will you support the Secretary of Energy in meeting3563the requirement in the fiscal year 2025 NDAA outlined above?3564    Answer. Yes, and I look forward to being briefed on NNSA's current3565plans to meet this requirement.3566    Question. The Fiscal Year 2025 NDAA specified that plans for3567reestablishing the enrichment capability should focus on ``modular,3568scalable facilities''. What are your ideas for how to proceed with such3569an effort?3570    Answer. If confirmed, I will pursue a flexible and resilient3571domestic uranium enrichment deployment strategy to meet defense mission3572requirements and the requirements in the fiscal year 2025 NDAA.3573    Question. A Government Accountability Office (GAO) report in 20143574entitled ``Interagency Review Needed to Update U.S. Position on3575Enriched Uranium That Can Be Used for Tritium Production'' concluded3576that the DOE's policy on identification of obligated uranium was based3577on three international agreements and a series of policy decisions. Of3578the three agreements, GAO concluded that only one explicitly addressed3579tritium production, but that past State Department findings had3580consistently interpreted the other two agreements as imposing peaceful3581use restrictions on LEU for tritium production.3582    Do you believe this GAO reading of all three agreements remains3583consistent with U.S. policy goals? In your view, should the State3584Department's prior findings be reevaluated?3585    Answer. I am unsure of the technical specifics of this report, but,3586if confirmed, will seek to determine whether actions are necessary to3587address these findings. Ensuring a continued supply of tritium is3588critical to the success of NNSA's mission. Noting that this report is3589more than a decade old, if confirmed, I would also seek to confirm3590whether the views of the treaty's partners have evolved. I am committed3591to the nuclear deterrent, nonproliferation, and naval reactor missions,3592and if confirmed, would ensure NNSA's production of tritium is3593consistent with U.S. international agreements and governmental policy.3594    Question. Section 3138 of the National Defense Authorization Act3595for fiscal year 2020 directed the Department of Energy to ``determine3596whether the Agreement [between the United States of America and the3597United Kingdom of Great Britain and Northern Ireland] for Cooperation3598on the Uses of Atomic Energy for Mutual Defense Purposes, signed at3599Washington, July 3, 1958, . . . permits the United States to obtain3600low-enriched uranium for the purposes of producing tritium in the3601United States.'' The Secretary of Energy affirmed that such procurement3602of low enriched uranium can occur.3603    What are your views on the accuracy of the Secretary of Energy's3604determination in this regard?3605    Answer. I support continued collaboration with the United Kingdom.3606I believe that all options should be on the table and thoroughly3607considered. If confirmed, I will work with the Secretary and this3608Administration to evaluate the previous determination.3609                         naval reactors program3610    Question. The Director of Naval Reactors is the Deputy3611Administrator for Naval Reactors in the NNSA and is responsible for the3612design and testing of the Navy's power reactors, its fuel, dismantling3613and decommissioning power reactors and the inspection and storage of3614spent Naval Reactor Fuel. Like other elements of the NNSA, the Naval3615Reactor program is conducting large nuclear construction projects to3616replace aging fuel storage ponds and fuel examination hot cells. The3617program is also dependent on high flux Advanced Test Reactor at the3618Idaho National Laboratory and will require enriched uranium in the late36192040's timeframe.3620    If confirmed, will you commit to providing to this committee your3621assessment of the current and planned construction projects,3622utilization of the Advanced Test Reactor at present and in the future,3623as well as planning for the capability to enrich uranium fuel that3624meets the future fleet requirements?3625    Answer. Yes, I will commit to working with Naval Reactors to3626provide updates on major construction recapitalization projects and3627maintaining the capabilities afforded by the Advanced Test Reactor3628(ATR). The ATR is critical to NR's national defense mission. DOE's3629Office of Nuclear Energy (NE) and Naval Reactors are continuing to3630evaluate various options to maintain thermal test reactor capability3631into the foreseeable future.3632    Additionally, if confirmed, I will work alongside Naval Reactors3633and in coordination with the DOE to ensure continued availability of3634enriched uranium to fuel the U.S. Navy's nuclear fleet. It is my3635understanding that the Navy has sufficient enriched uranium to support3636Navy shipbuilding into the 2050's, and Naval Reactors is directly3637engaged with the DOE and NNSA on efforts to meet future enriched3638uranium requirements.3639                     fissile materials disposition3640    Question. The United States and Russia committed to the disposition3641of 34 metric tons (MT) of weapons grade plutonium under the Plutonium3642Management and Disposition Agreement (PMDA) in 2000. The original plan3643by the United States was to convert excess weapons grade plutonium to3644mixed oxide reactor fuel for civilian reactors at the Savannah River3645Site (SRS). After spending billions of dollars, and following Russia's3646withdrawal from the PMDA in 2016, this project was abandoned in favor3647of diluting the plutonium and disposing of it at the Waste Isolation3648Pilot Plant (WIPP). The dilute and dispose process involves shipping3649the plutonium pits from Pantex to Los Alamos to be turned into oxide3650powder, then shipping then on to SRS for packaging, followed by final3651shipment to WIPP for disposal.3652    Do you believe the United States should continue to dispose of its3653stockpiles of weapons-grade plutonium even though Russia abrogated the3654PMDA?3655    Answer. I believe it is important that NNSA continue its work to3656dispose of the excess plutonium necessary to meet the legal commitment3657to remove material from the State of South Carolina. At the same time,3658I support a review in coordination with interagency partners of the3659additional material that NNSA had planned to dispose of under the PMDA3660to determine whether continued adherence to the PMDA is still the right3661policy for the United States in light of Russia's purported withdrawal3662from the agreement.3663    Question. What are your views on the dilute and disposal method?3664    Answer. In my current capacity, I am not privy to the details of3665this program. I understand that dilute and dispose is NNSA's program of3666record for plutonium disposition, and I understand the rationale for3667this approach. If confirmed, I would make it a priority to learn the3668details of the program so that I can lead NNSA's plutonium disposition3669work effectively.3670    Question. What are your views on permanent disposal at WIPP?3671    Answer. In my current capacity, I am not privy to the details of3672this program. I understand that dilute and dispose is NNSA's program of3673record for plutonium disposition, and that this includes disposal at3674WIPP. I understand the rationale for this approach. If confirmed, I3675would make it a priority to learn the details of the program so that I3676can lead NNSA's plutonium disposition work effectively.3677    Question. What are your views of the logistics of shipping3678plutonium between Pantex, Los Alamos, SRS, and WIPP? In your opinion,3679could this process be simplified by shipping the pits directly to SRS3680to be converted to oxide powder there?3681    Answer. In my current capacity, I am not privy to the details of3682this program. If confirmed, I would make it a priority to learn the3683details of the program so that I can lead NNSA's plutonium disposition3684work effectively.3685    Question. What are your views on reprocessing as an alternative to3686dilution and disposal?3687    Answer. I understand that NNSA moved from the MOX fuel approach to3688dilute and dispose based on compelling cost, schedule, and technical3689factors. Changing the plutonium disposition approach again could be3690costly and could make it difficult to meet NNSA's legal commitment to3691remove plutonium from the State of South Carolina. If confirmed, I3692commit to work closely with Congress on all aspects of the program,3693including listening to any views on alternative plutonium disposition3694approaches.3695                      nuclear safety and security3696    Question. NNSA was created partially in response to security lapses3697at the Los Alamos National Laboratory. Nonetheless, periodic security3698lapses have continued to occur, risking exposure of some of our3699Nation's most closely guarded secrets.3700    To what extent have the conditions that allowed such lapses to3701occur been corrected, in your view?3702    Answer. While I am not privy to the specifics of LANL's current3703security infrastructure, if confirmed, I will assess the current3704effectiveness of the security function and associated activities.3705Furthermore, I am committed to continuously improving the security of3706all NNSA labs, plants, and sites.3707    Question. Section 3112 of the Fiscal Year 2025 National Defense3708Authorization Act prohibits the Secretary of Energy or the3709Administrator for Nuclear Security, after April 15, 2025, from3710admitting citizens or agents of the People's Republic of China, the3711Russian Federation, the Democratic People's Republic of Korea, or the3712Islamic Republic of Iran to any national security laboratory, nuclear3713weapons production facility, or any site that supports the Naval3714Nuclear Propulsion Program.3715    If confirmed, will you commit to ensuring full compliance with this3716provision across NNSA by the statutorily directed April 15, 2025, date3717for implementation?3718    Answer. Yes.3719    Question. In your view, are there further changes in policy,3720practice, management, or oversight to reduce the frequency of security3721issues at NNSA facilities that should be considered?3722    Answer. Securing NNSA's facilities is critical to the agency's3723work. If confirmed, I commit to working closely with Congress to ensure3724the security of NNSA's labs, plants and sites. There is no reason any3725of our Nation's adversaries should have access to NNSA facilities,3726except where required by current or future treaty obligations.3727    Question. Over the past several years, there has been a dramatic3728increase in the number of unmanned aerial systems operating, both3729lawfully and unlawfully, in U.S. airspace domestically and over3730American military installations overseas.3731    If confirmed, what steps will you take to ensure the NNSA3732appropriately prioritizes and resources detection and defeat3733capabilities for UAS that pose a threat to NNSA facilities and assets?3734    Answer. NNSA must adopt capabilities to detect and defeat UAS that3735pose a threat to NNSA facilities and assets. If confirmed, I commit to3736learning the details of this program and taking necessary actions to3737improve NNSA's UAS detection and defeat capabilities. In addition, I3738will commit to continue working with partner agencies, to include DOD,3739State Department, DHS, FAA, and local law enforcement, to collaborate3740and share information about emerging threats and new CUAS technologies.3741    Question. If confirmed, will you commit to working with Congress3742and the interagency to better clarify U.S. Government roles and3743responsibilities for detecting, tracking, and if necessary, defeating,3744UAS within U.S. airspace?3745    Answer. Yes.3746    Question. The Defense Nuclear Facilities Safety Board and NNSA's3747Office of Enterprise Assessments have periodically reported accidents3748at various Department of Energy facilities over recent years, including3749explosions, radiation exposure, and leakage of hazardous materials--3750putting both personnel and mission at risk. Yet, while personnel safety3751is critically important, the nuclear mission by definition involves3752some of the most hazardous materials on earth. Consequently, acceptance3753of a measure of risk is a prerequisite to accomplish NNSA's assigned3754missions.3755    How should we balance safety, risk, and mission at NNSA facilities?3756    Answer. There are many risks and hazards associated with the3757production, handling, and disposal of nuclear materials. Intentional3758and constant monitoring of risks and the implementation of controls to3759mitigate those risks must be a priority. If confirmed, I will emphasize3760the continued importance of safety across the enterprise and always3761minimize safety risks while ensuring the success of accomplishing3762NNSA's important and urgent mission.3763    Question. If confirmed, what steps would you recommend to improve3764the safety culture at the various NNSA labs and sites while still3765meeting mission requirements?3766    Answer. I recognize that a positive safety culture is important for3767mission success. NNSA's national security mission requires sustained3768and strong safety performance to ensure public trust. High safety3769achievement and mission success are mutually supportive and depend on3770proper risk assessment and control. Drawing on my experience as a3771nuclear Naval Officer, I understand that safety and mission success are3772not mutually exclusive. Conducting NNSA's operations safely is3773essential for guaranteeing successful execution. Safety is integral to3774the mission, and I will actively seek opportunities to continuously3775improve safety practices across the nuclear security enterprise while3776ensuring NNSA is delivering on its commitments to modernization and the3777programs of record.3778                             cybersecurity3779    Question. What do you see as the primary cyber policy challenges3780for the NNSA and what suggestions do you have for addressing them?3781    Answer. Technology moves faster than cybersecurity policy. If3782confirmed, I will ensure that NNSA continues to improve cybersecurity3783policies for information technology and operational technology systems3784to meet mission requirements.3785    Question. Do you believe that the NNSA's current capabilities,3786policies, and authorities allow for effective cybersecurity? If not,3787what steps should NNSA and the Department of Energy take to address any3788shortfalls?3789    Answer. If confirmed, I will review NNSA cybersecurity capabilities3790and authorities and make necessary adjustments.3791    Question. What do you conclude from the recent cyber-attacks3792breaches on telecommunications infrastructure involving Volt Typhoon3793and Salt Typhoon about the State of our cyber defenses?3794    Answer. These events highlight the vulnerability of critical3795infrastructure to cyberattacks. Our Nation, including NNSA, must3796continue to improve cybersecurity across public and private sectors.3797    Question. If confirmed, what specific measures would you take to3798improve cybersecurity culture across the NNSA workforce?3799    Answer. If confirmed, I will review the current State of the3800cybersecurity workforce and, if needed, will develop plans to improve3801the culture.3802    Question. How would you empower and hold key leaders accountable3803for improvements in NNSA cybersecurity?3804    Answer. I have not been briefed on the cybersecurity practices or3805policies of the NNSA. However, I have experience in many aspects of3806cybersecurity from my business career. If confirmed, I will ensure3807NNSA's organizational structure empowers and holds key leaders3808accountable for implementing cybersecurity practices and measures.3809    Question. If confirmed, what how do you plan to work with the3810Department of Defense and other agencies in the coordination of cyber3811security initiatives?3812    Answer. I understand that NNSA regularly engages with defense,3813intelligence, and law enforcement agencies to identify interagency3814needs and opportunities for securing, accessing, sharing, and3815leveraging data. If confirmed, I commit to taking action to reduce3816barriers that NNSA may face in meeting its commitments to interagency3817partners.3818                        regulation and oversight3819    Question. Staff at NNSA's national laboratories often complain that3820they are overburdened by regulation and oversight, both internal and3821external, and that these contribute to the challenges in staying under3822cost and on schedule for major projects.3823    Do you believe that environmental, safety, and construction3824regulations are properly applied to NNSA projects and operations?3825    Answer. While I am not currently privy to NNSA's application of3826environmental, safety, and construction regulations, if confirmed, I3827commit to ensuring safe operations across the nuclear security3828enterprise, to include protection of the workforce, the public, and the3829environment in a way that is supportive of mission execution. I am3830aware and supportive of Energy Secretary Wright's recently announced3831actions to ease some permitting rules and regulations for construction3832projects at the Department of Energy's National Labs.3833    Question. Do you believe these regulations undermine effective3834performance by the labs and efficient mission execution overall?3835    Answer. If confirmed, I will support DOE/NNSA's initiatives to3836streamline regulations, standardize performance expectations, and3837implement a common-sense approach to the interpretation and application3838of requirements to achieve enterprise-wide efficiency, innovation, and3839modernization. Additionally, I will work with Energy Secretary Wright3840to seek out and deliver these innovations for all of DOE to use. While3841I am not privy to the implementation of regulations across the3842enterprise, I understand that overly strict interpretations of and3843approaches to regulatory requirements can lead to inefficiencies. I am3844committed to exercising existing flexibilities, such as exemptions and3845equivalencies, to establish necessary controls while also providing3846regulatory relief where possible.3847    Question. In your view, are the NNSA labs and production facilities3848subject to the appropriate level of oversight from the NNSA, DOE, the3849EPA, the Defense Nuclear Facilities Safety Board, the Government3850Accountability Office (GAO), and/or Congress?3851    Answer. Due to the hazardous nature of the work NNSA performs, it3852is essential to have the appropriate level of oversight; however, it is3853important that oversight does not lead to risk avoidance that impairs3854the ability to achieve NNSA's essential national security missions.3855NNSA is entrusted stewardship of taxpayer dollars which requires3856appropriate scrutiny, yet again, it is important that oversight does3857not result in risk aversion. NNSA's national laboratories, production3858plants and sites currently have systems and activities that provide a3859high level of oversight that meet the needs of regulatory drivers.3860    Question. Are there certain oversight processes that are3861unnecessarily duplicative or purely bureaucratic, in your view?3862    Answer. My understanding is that NNSA follows DOE Order 413.3B3863which governs program and project management for the acquisition of3864capital assets. I understand it provides necessary rigor yet can be3865overly burdensome. I am committed to working with Energy Secretary3866Wright to ensure important work can be executed in a timely manner3867under the order. If confirmed, I will work with our stakeholders to3868address and identify solutions to inefficiencies that may result from3869existing oversight processes.3870    Question. If confirmed, what changes in regulatory or oversight3871structures would you recommend, and why?3872    Answer. While I am not privy to all NNSA's regulatory and oversight3873structures, if confirmed, I will seek opportunities to improve3874efficiencies, including by reforming regulatory requirements where3875feasible and desirable.3876                            nonproliferation3877    Question. What do you perceive as the highest priorities of the3878nuclear nonproliferation programs at NNSA?3879    Answer. The first priority is addressing the threats posed by the3880North Korean and Iranian nuclear programs. If confirmed, I will help3881implement the maximum pressure campaign in Iran and provide unique3882technical capabilities that could be used to negotiate, implement, and3883verify any potential future agreement for dismantlement of these3884countries' nuclear weapons programs. The second is accelerating3885detection of nuclear proliferation, especially in areas where3886adversaries seek to deny us access. Emerging threats, such as3887adversarial use of the space domain and malicious uses of artificial3888intelligence, must be detected and characterized early. This requires3889rapid, on-demand deployment of flexible systems using innovative3890technologies. If confirmed, I will leverage NNSA's world-leading3891technical capabilities to enhance its ability to detect these threats,3892so that the United States can respond promptly and keep the threat of3893nuclear weapons as far from the homeland as possible. The third is3894supporting responsible civil nuclear power development and deployment,3895especially to ``nuclear newcomer'' countries. We must ensure that3896nuclear power expansion is safe, secure, and peaceful, and has3897appropriate emergency response frameworks in place. If confirmed, I3898will leverage the unique expertise of NNSA's national laboratories to3899help U.S. companies design nuclear reactors that are more physically3900secure and easier to safeguard, which will reduce proliferation risks3901while also providing a commercial advantage to U.S. companies. I will3902also encourage NNSA programs to further partner with the countries3903embarking on nuclear power through emergency response efforts. This3904will effectively strengthen U.S. partnerships proactively with these3905countries in radiological and nuclear safety and security.3906    Question. What challenges does the emerging multilateral nuclear3907competition between the U.S., China, Russia, and North Korea pose to3908existing nonproliferation efforts?3909    Answer. If confirmed, I am committed to protecting America from the3910threat of nuclear proliferation, even in a competitive global3911environment. This multidimensional nuclear competition poses a3912significant challenge for existing nuclear nonproliferation efforts.3913Under these circumstances, any potential arms control efforts are more3914complex, and it is more difficult to respond to the threat from3915countries like Iran and North Korea and to reach agreement on measures3916to strengthen the global nuclear nonproliferation architecture.3917However, NNSA has deep experience and a proven track record in3918advancing U.S. nuclear nonproliferation goals, even in challenging3919circumstances.3920    Question. Do you believe additional cooperative nonproliferation3921efforts are feasible in light of China, Russia, and North Korea's3922burgeoning cooperation on nuclear technologies and materials?3923    Answer. Launching new cooperative nuclear nonproliferation efforts3924is certainly challenging in the current global environment. However, as3925I said, NNSA and its predecessor organizations have overcome challenges3926like this before. Indeed, the foundation of the global nuclear3927nonproliferation regime, the Treaty on the Non-Proliferation of Nuclear3928Weapons, entered into force during the height of the cold war. Progress3929is possible, even under challenging circumstances. For example,3930President Trump's pursuit of peace in Ukraine could open new3931opportunities for cooperative nonproliferation efforts. If confirmed, I3932am committed to taking a clear-eyed view of any new cooperative3933nonproliferation opportunities and to vigorously pursue initiatives3934that will make America stronger and safer.3935    Question. If confirmed, what would be your nonproliferation R&D3936priorities?3937    Answer. NNSA should prioritize nonproliferation research and3938development (R&D) that directly contributes to the Nation's security by3939developing and improving U.S. capabilities to detect and characterize3940global nuclear security threats. NNSA must also prioritize R&D that3941sustains and develops foundational nonproliferation technical3942competencies at the national laboratories to ensure the technical3943agility needed to support a broad spectrum of U.S. nonproliferation3944missions and anticipated threats. If confirmed, I will prioritize work3945in these areas.3946    Question. If confirmed, what steps will you take to improve3947coordination across the NNSA on nonproliferation R&D and reduce3948duplicative efforts?3949    Answer. I am not familiar with the details of NNSA offices3950performing nonproliferation R&D, but commit to looking into any3951duplicative efforts and streamlining the efforts to remove duplication.3952                           emergency response3953    Question. What is your understanding of the NNSA's roles and3954responsibilities with regard to responding to domestic and3955international radiological events?3956    Answer. NNSA is responsible for sustaining and, as necessary,3957employing the Nuclear Emergency Support Team (NEST) to respond to3958radiological and nuclear emergencies of any type and scale, globally.3959NNSA also has a significant role in the international arena as a leader3960in nuclear and radiological emergency response, including as a party to3961the IAEA's Convention on Assistance in the Case of a Nuclear Accident3962or Radiological Emergency, which sets out an international framework3963for cooperation to facilitate prompt assistance in the event of nuclear3964accidents or radiological emergencies. In addition, where American3965national security, public health and safety, and economic interests are3966at stake, NNSA may also embark on providing direct bilateral or3967multilateral assistance to international partners to respond to nuclear3968or radiological emergencies that arise. NNSA forensics capabilities can3969support law enforcement investigations and attribution internationally.3970Domestically, NNSA has responsibility for the Department's Emergency3971Operation Center and 24/7 Watch Office.This includes providing watch3972and warning, situational awareness, and decision support capabilities3973for both domestic and international incidents, to include radiological3974events.3975    Question. Do you believe NNSA is adequately resourced and staffed3976to fulfill its existing emergency response responsibilities?3977    Answer. In my current capacity, I am not privy to specific data3978about emergency response staffing and resources, but domestic and3979international emergency response are critical components of NNSA's3980mission. If confirmed, I look forward to evaluating the teams and3981Administration resources that perform this important work.3982    Question. In your view, how would you characterize the allocation3983of roles and responsibilities across the interagency, particularly with3984regard to the DOD and the Department of Homeland Security?3985    Answer. NNSA maintains robust engagement with interagency partners,3986particularly DOD and DHS, on international and domestic, respectively,3987nuclear and radiological emergency response. If confirmed, I commit to3988engaging with my counterparts to ensure a shared understanding of roles3989and responsibilities. Ultimately, my goal would be to implement3990efficiencies and optimize NNSA's operational readiness by streamlining3991response roles and reducing unnecessary Federal bureaucracy and3992redundant interagency oversight. NNSA's unique scientific expertise--3993defined by seventy years of expertise on nuclear fuel cycle and weapons3994development--is essential to U.S. nuclear and radiological response3995processes. NNSA ensures the United States is prepared to prevent,3996counter, and respond to weapons of mass destruction (WMD) crises.3997NNSA's unmatched technical expertise and response capabilities keep3998America safe, secure, and prosperous. From public health and safety to3999countering nuclear terrorism, these capabilities are integral to the4000U.S. WMD nuclear and radiological emergency response. NNSA and its4001national laboratories are uniquely capable of applying technical4002nuclear weapons program expertise to assess foreign nuclear weapons4003programs.4004    Question. If confirmed, are there any adjustments to the allocation4005of interagency responsibilities you would expect to recommend or4006pursue?4007    Answer. It is my understanding that the NNSA brings technical4008expertise and technical resources that are unique in our country if not4009the world. If confirmed, I will make every effort to streamline4010emergency response processes and implement efficiencies to ensure that4011NNSA provides timely, actionable and credible support to Federal, State4012and local partners during crises. I will also support NNSA's efforts to4013strengthen State and local response capabilities to enhance domestic4014resiliency.4015                          personnel management4016    Question. In your judgment, what is the biggest challenge facing4017the NNSA in effectively and efficiently managing its workforce?4018    The most significant workforce challenges facing NNSA are4019recruitment and retention of highly skilled technical employees.4020Factors contributing to this challenge include an aging workforce,4021remote duty stations with high cost of living (e.g., Los Alamos, NM and4022Livermore, CA), and the requirement for high level security clearances.4023Finally, NNSA often competes with salaries with private sector jobs.4024    Question. What recommendations do you have to improve NNSA's4025management of its workforce?4026    Answer. While I am not privy to the details of NNSA's workforce4027management, I believe that mitigating the challenges of recruitment and4028retention requires that NNSA emphasize the unique benefits of public4029service, including emphasis on unique career paths.4030    Question. In your judgment, how effective is the Department of4031Energy and the NNSA at identifying, promoting, and rewarding top4032performers?4033    Answer. I have not been briefed on the Department's policies and4034practices related to personnel. However, the success of NNSA depends4035primarily on the quality and motivation of its people. If confirmed, I4036look forward to strengthening NNSA's ability to recognize and reward4037top performers.4038    Question. Similarly, how effective is the Department of Energy and4039the NNSA at identifying and removing underperforming or4040counterproductive personnel?4041    Answer. In my current capacity, I am not privy to personnel matters4042at NNSA. However, if confirmed, I will be committed to facilitating a4043culture of accountability and performance.4044    Question. If confirmed, what would you recommend be done to improve4045NNSA talent management?4046    Answer. There is no question that talent management is a critical4047factor for NNSA's success. If confirmed, I would adopt a holistic4048approach to talent management, ensuring these efforts are aligned with4049agency goals. In my experience in the Navy and in the private sector4050giving employees clear objectives and frequent feedback results in4051better performance across an organization. Also, providing4052opportunities for skills training and certifications that lead to4053increased opportunities and remuneration while meeting the strategic4054workforce needs of NNSA may prove useful.4055    Question. Do you believe that NNSA has the appropriate number of4056civilian employees to perform its mission?4057    Answer. If confirmed, I intend to review if NNSA is appropriately4058staffed.4059    Question. If not, what would be the appropriate size of the NNSA4060civilian workforce and what, in your view, would the additional4061personnel accomplish that NNSA is not able to accomplish today? If4062confirmed, which specific components of the NNSA would you recommend4063growing?4064    Answer. I am not currently privy to details about NNSA's civilian4065workforce, but if confirmed, I look forward to assessing NNSA's current4066staffing levels and future needs. I am committed to ensuring that4067NNSA's urgent missions are properly resourced, including appropriate4068staffing.4069    Question. Do you believe that NNSA has the appropriate4070capabilities--in both its civilian employee and contractor workforces--4071to perform its mission?4072    Answer. NNSA has a unique mission in all of government or in the4073American economy in general. And therefore it has a unique workforce to4074meet the needs of the NNSA mission. If confirmed, I look forward to4075immersing myself in the details of the capabilities of both the Federal4076workforce at NNSA as well as those of the M&O contractors.4077    Question. If not, please explain what capabilities each such4078workforce requires to ensure that NNSA is fully mission capable?4079    Answer. I have not been briefed on the full extent of the NNSA4080Federal and M&O contractor capabilities. Based upon GAO, CRS, and4081Inspector General reports and hearing before the SASC committee,4082however, I suspect there are areas where either or both of the Federal4083and M&O contractor capabilities need to be enhanced or created. For4084example, these reports point to improved needs in project management as4085well as to emergent needs like artificial intelligence. I look forward,4086if confirmed, to rapidly assessing and addressing these issues at NNSA.4087    Question. If confirmed, what specific steps would you take to4088retain critical nuclear weapons expertise in both NNSA the civilian and4089the contractor workforces?4090    Answer. I understand that NNSA works to retain critical nuclear4091weapons expertise through a combination of strategic workforce4092planning, training, recruitment, and performance management actions. If4093confirmed, in this competitive workforce environment, I will work4094strategically with both the NNSA Federal and contractor workforce to4095foster and develop internal talent pipelines within each site and4096across the nuclear security enterprise in an effort to reduce4097attrition. I commit to supporting these initiatives to ensure that NNSA4098maintains the necessary talent pool to execute its mission. I also4099believe it is important for NNSA to continue to provide stability for4100the M&O contractor workforce through long term contracts. I will ensure4101that M&O contractors continue to have the wide range of flexibilities4102they currently have to offer market competitive pay and benefits to4103recruit and retain highly qualified personnel.4104    Question. What programs, policies, or tools does NNSA need to4105better attract the diverse range of skillsets required to support the4106missions of the Administration to national security focused careers?4107    Answer. While I have not yet had the opportunity to learn about4108NNSA's ongoing recruitment efforts, I understand that NNSA's use of4109direct hire authority, pay supplements, and hiring incentives offers4110competitive compensation packages along with opportunities for4111professional growth. I also know that NNSA makes incentive payments for4112candidates who meet certain criteria and agree to sign a service4113agreement for positions it determines are difficult to fill, such as4114contracting, cybersecurity, and information technology positions, among4115others. These supplements contribute to the competitive demands of an4116ever-evolving workforce and fosters employee satisfaction and loyalty.4117                           sexual harassment4118    Question. What is your assessment of the current climate regarding4119sexual harassment and gender discrimination in the DOE and NNSA?4120    Answer. If confirmed, I will continue increasing awareness and4121emphasizing prevention and reporting of sexual harassment and sex4122discrimination at DOE and NNSA. To the extent there are sexual4123harassment and sex discrimination issues that are brought to my4124attention, I will take expeditious and appropriate action in4125consultation with the appropriate stakeholders in DOE and NNSA.4126    Question. If confirmed, what actions would you take were you to4127receive or become aware of a complaint of sexual harassment or4128discrimination from an employee or contractor of the DOE or NNSA?4129    Answer. I will not tolerate sexual harassment or discrimination4130among NNSA employees or among its contractor employees. I will ensure4131that complaints of this nature are taken seriously across the4132enterprise and will ensure that employees who raise such complaints are4133treated in accordance with all Federal laws on regulations.4134                        relations with congress4135    Question. What are your views on the State of the relationship4136between the Administrator for Nuclear Security and the Senate Armed4137Services Committee in particular, and with Congress in general?4138    Answer. The Senate Armed Services Committee (SASC) is responsible4139for the oversight and authorization of NNSA. SASC's support on nuclear4140security issues and NNSA governance has continually been strong and4141bipartisan. As a former member of the House of Representatives myself,4142I believe support from Congress and this Committee in particular is4143critical to enabling NNSA mission success. If confirmed, I commit to4144maintaining a strong relationship with the Committee built on trust and4145transparency.4146    Question. If confirmed, what actions would you take to sustain a4147productive and mutually beneficial relationship between Congress and4148the Administrator for Nuclear Security?4149    Answer. Communication and transparency are foundational to a4150productive relationship with Congress. If confirmed, I will ensure that4151NNSA maintains strong and open channels of communication with Congress.4152    Question. The safety, security, and functionality of the United4153States nuclear weapons stockpile is of paramount importance to our4154Nation's national security, and any potential issues that could4155undermine confidence in the reliability of U.S. nuclear forces are of4156the highest interest to Congress.4157    If confirmed, will you commit, without qualification, that you will4158promptly notify this Committee of any significant issues in the safety,4159security, or reliability of the nuclear weapons stockpile?4160    Answer. Yes.4161    Question. In much the same manner as the Combatant Commanders4162within the Department of Defense, the Administrator for Nuclear4163Security is required by Section 4716 of the Atomic Energy Defense Act4164(50 U.S.C. 2756) to annually submit a list of priorities that were4165insufficiently funded by that year's budget request by the President.4166While unfunded requirements lists are invaluable tools in helping4167Congress understand executable funding opportunities, past4168Administrators have only sparingly fulfilled this requirement.4169    If confirmed, will you commit to fully complying with the statutory4170requirement to submit an annual unfunded priority list to Congress with4171the annual budget submission of the President?4172    Answer. If confirmed, I commit to following the law, including4173Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756).4174                        congressional oversight4175    Question. In order to exercise legislative and oversight4176responsibilities, it is important that this committee, its4177subcommittees, and other appropriate committees of Congress receive4178timely testimony, briefings, reports, records--including documents and4179electronic communications, and other information from the executive4180branch.4181    Do you agree, without qualification, if confirmed, and on request,4182to appear and testify before this committee, its subcommittees, and4183other appropriate committees of Congress? Please answer with a simple4184yes or no.4185    Answer. Yes.4186    Question. Do you agree, without qualification, if confirmed, to4187provide this committee, its subcommittees, other appropriate committees4188of Congress, and their respective staffs such witnesses and briefers,4189briefings, reports, records--including documents and electronic4190communications, and other information, as may be requested of you, and4191to do so in a timely manner without delay? Please answer with a simple4192yes or no.4193    Answer. Yes.4194    Question. Do you agree, without qualification, if confirmed, to4195consult with this committee, its subcommittees, other appropriate4196committees of Congress, and their respective staffs, regarding your4197basis for any delay or denial in providing testimony, briefings,4198reports, records--including documents and electronic communications,4199and other information requested of you? Please answer with a simple yes4200or no.4201    Answer. Yes.4202    Question. Do you agree, without qualification, if confirmed, to4203keep this committee, its subcommittees, other appropriate committees of4204Congress, and their respective staffs apprised of new information that4205materially impacts the accuracy of testimony, briefings, reports,4206records--including documents and electronic communications, and other4207information you or your organization previously provided? Please answer4208with a simple yes or no.4209    Answer. Yes.4210    Question. Do you agree, without qualification, if confirmed, and on4211request, to provide this committee and its subcommittees, and their4212respective staffs with records and other information within their4213oversight jurisdiction, even absent a formal Committee request? Please4214answer with a simple yes or no.4215    Answer. Yes.4216    Question. Do you agree, without qualification, if confirmed, to4217respond timely to letters to, and/or inquiries and other requests of4218you or your organization from individual Senators who are Members of4219this Committee? Please answer with a simple yes or no.4220    Answer. Yes.4221    Question. Do you agree, without qualification, if confirmed, to4222ensure that you and other members of your organization protect from4223retaliation any military member, Federal employee, or contractor4224employee who testifies before, or communicates with this committee, its4225subcommittees, and any other appropriate committee of Congress? Please4226answer with a simple yes or no.4227    Answer. Yes.4228                                 ______42294230    [Questions for the record with answers supplied follow:]42314232                           Senator Tom Cotton4233                         nuclear modernization4234    1. Senator Cotton. Mr. Williams, the National Nuclear Security4235Administration's (NNSA) acquisition cycle to modernize the weapons in4236our stockpile can take around 20 years. This hardly seems responsive to4237the threat environment when our adversaries are developing new nuclear4238systems rapidly. Do you think there's a role for a rapid acquisition4239effort in the NNSA that is dedicated to delivering capabilities faster4240by tailoring requirements and prioritizing speed?4241    Mr. Williams. I agree with you that the modernization efforts for4242our nuclear weapons are progressing too slowly and do not reflect the4243urgency of the current threat environment. Should I be confirmed, I am4244committed to developing ways to increase the speed and efficiency with4245which NNSA can deliver capabilities to DOD. NNSA is 1) concurrently4246modernizing seven nuclear warhead programs within its Program of Record4247while 2) simultaneously sustaining the current stockpile and 3)4248recapitalizing the nuclear security enterprise industrial base. NNSA4249must continue to be responsive to DOD requirements while developing4250capabilities to meet deterrent gaps of any kind including emergent and4251possibly emergency capabilities. If confirmed, I look forward to4252working with you and the Committee on this topic.42534254    2. Senator Cotton. Mr. Williams, the NNSA has proven it can do this4255with the W76-2 and the B61-13 programs, which were based on4256modifications to existing weapons that took years, not decades, to4257deliver. Should we use this type of approach more often to address some4258of our near-term deterrence challenges?4259    Mr. Williams. I agree the W76-2 and B61-13 are great examples of4260ways NNSA can quickly adapt to the changing threat environment and4261deliver additional capabilities to address deterrence gaps. If4262confirmed, I look forward to reviewing the classified details of the4263weapon modernization programs with an eye toward determining if4264additional opportunities exist for similar modifications within the4265program of record.4266                             plutonium pits4267    3. Senator Cotton. Mr. Williams, under President Biden, the NNSA's4268deadline to produce 80 plutonium pits per year by 2030 slipped by4269several years. Current law requires the Nuclear Weapons Council to4270submit a plan to Congress to get this effort back on track should it4271fail to certify that it will meet the 2030 deadline. The Biden4272administration never submitted such a plan. If confirmed, would you4273commit to taking all steps necessary to accelerate plutonium pit4274production?4275    Mr. Williams. Reestablishing the ability to produce no fewer than427680 plutonium pits per year is a critical national security requirement.4277If confirmed, I will review the status of the required plan and work4278with the Committee on any identified opportunities to accelerate NNSA's4279ability to meet the 80 plutonium pits per year requirement.42804281    4. Senator Cotton. Mr. Williams, given the growing nuclear threats4282and the need to increase the size of our arsenal, do you think 804283plutonium pits per year will even be enough to meet deterrence4284requirements?4285    Mr. Williams. I have not yet been briefed on the projected demands4286of the U.S. nuclear deterrent, however, in 2018, the Nuclear Weapons4287Council endorsed NNSA's two-site approach to supply no fewer than 804288war reserve plutonium pits per year in alignment with DOD requirements.4289If confirmed, I intend to work closely with NNSA laboratory, plant, and4290site leadership to achieve full rate production and continue to explore4291opportunities to accelerate the production capacity required to support4292the nuclear deterrent. I defer to the Nuclear Weapon Council, STRATCOM4293leadership, and the Department of Defense on the military requirements4294to meet deterrence needs.4295                    office of secure transportation4296    5. Senator Cotton. Mr. Williams, Fort Chaffee, Arkansas, is home to4297Training Command for the NNSA's Office of Secure Transportation, which4298transports nuclear weapons all around the country. As the NNSA4299progresses its modernization efforts, I suspect the demand for agents4300to transport weapons will grow. What is your plan to improve both4301recruiting and retention of these agents?4302    Mr. Williams. The Office of Secure Transportation (OST) serves a4303very important function for NNSA, transporting special nuclear4304materials that are in the custody of or returning to the custody of the4305Department of Energy. OST agents undergo rigorous testing and training,4306and I know that NNSA works hard to recruit quality personnel for these4307challenging, important positions. If confirmed, I look forward to4308learning about NNSA's ongoing recruitment and retention efforts in OST4309and finding opportunities to improve. I recognize that the training4310facility at Fort Chaffee is a critical component of recruitment and4311retention efforts. On a personal note, I have extended family members4312who were stationed at Fort Chaffee during the Vietnam War era and look4313forward to the opportunity to visit the site, should I be confirmed.4314                               __________4315                Questions Submitted by Senator Ted Budd4316                             nuclear energy4317    6. Senator Budd. Mr. Williams, can you please outline your4318perspective on mobile, modular micro-nuclear reactor technology and4319whether it has promise for expeditionary use?4320    Mr. Williams. As Chairman of the Energy Subcommittee of the House4321Science, Space and Technology Committee I was a strong advocate for4322advanced nuclear power solutions and expressed public and private4323support for DOD to adopt these systems for reliability and resilience4324of electrical power. From the perspective of NNSA, I believe that4325modular micro-nuclear reactor technology poses both opportunities and4326challenges, including for expeditionary use. If confirmed, I look4327forward to learning about the unique expertise and capabilities of the4328National Nuclear Administration and will support the DOE Office of4329Nuclear Energy on potential civilian applications of micro-nuclear4330reactor technology and to support the Department of Defense on4331potential military applications.4332                               __________4333            Questions Submitted by Senator Elizabeth Warren4334                                 ethics4335    7. Senator Warren. Mr. Williams, if you are confirmed, will you4336commit to not seeking any employment with or compensation from a4337defense contractor, including through serving on a board, as a4338consultant, or as a lobbyist, for 4 years after leaving DOD?4339    Mr. Williams. Should I be confirmed, I will comply with all laws4340and regulations regarding future employment for executive branch4341officials.43424343    8. Senator Warren. Mr. Williams, if you are confirmed, will you4344commit to not engaging in any lobbying activities, including4345unregistered ``shadow'' or ``behind-the-scenes'' lobbying under the4346guise of consulting or advising on DOD-related matters, focused on DOD4347or any of its components for 4 years after leaving DOD?4348    Mr. Williams. Should I be confirmed, I will comply with all laws4349and regulations regarding future employment and lobbying restrictions4350for executive branch officials.43514352    9. Senator Warren. Mr. Williams, during your nomination process,4353did anyone on the Trump campaign, transition team, or other closely4354related entity approach you about your loyalty to President Trump?4355    Mr. Williams. No.43564357    10. Senator Warren. Mr. Williams, if you were approached about your4358loyalty to President Trump, did you sign a loyalty pledge or other4359similar oath? If so, please provide a copy of the text of that pledge4360or oath.4361    Mr. Williams. No.43624363    11. Senator Warren. Mr. Williams, if you were approached about your4364loyalty to President Trump, did you make any verbal representations of4365loyalty? If so, please describe this representation.4366    Mr. Williams. Not applicable.43674368    12. Senator Warren. Mr. Williams, in November 2024, the New York4369Times and other news outlets reported that Boris Epshteyn, a top4370adviser to President Trump, allegedly requested payment from4371prospective political appointees to promote their candidacies for top4372positions within the administration. Did you discuss the possibility of4373joining the Administration with Mr. Epshteyn at any time?4374    Mr. Williams. No.43754376    13. Senator Warren. Mr. Williams, if you did discuss the4377possibility of joining the administration with Mr. Epshteyn, did Mr.4378Epshteyn seek payment from you for promoting your candidacy for a4379position within the Administration?4380    Mr. Williams. No.43814382    14. Senator Warren. Mr. Williams, at any time, did lawyers for4383President Trump or members of President Trump's team approach you4384regarding Mr. Epshteyn and the allegations cited above? If so, please4385explain the information that they provided you (including copies of4386documents), what was discussed during any calls, and any other4387information pertaining to this interaction.4388    Mr. Williams. No.43894390    15. Senator Warren. Mr. Williams, were you in contact with Mr. Elon4391Musk at any time during your nomination process? If so, please describe4392the nature of those points of contact.4393    Mr. Williams. No.43944395    16. Senator Warren. Mr. Williams, was Mr. Musk present or involved4396in any interviews you did related to your nomination? If so, please4397describe the nature of his involvement.4398    Mr. Williams. No.43994400    17. Senator Warren. Mr. Williams, was Mr. Musk involved in any way4401with your nomination, including but not limited to directly or4402indirectly contacting Senators regarding their position on your4403nomination?4404    Mr. Williams. Not to my knowledge.44054406    18. Senator Warren. Mr. Williams, who was in the room or4407participated in any of your interviews regarding your nomination?4408    Mr. Williams. During the nomination process, I spoke with several4409members of the Trump-Vance Presidential Transition team about my4410interest in serving in the Trump Administration.44114412    19. Senator Warren. Mr. Williams, if you own any defense contractor4413stock, will you divest it to avoid even the appearance of a conflict of4414interest?4415    Mr. Williams. I do not own stock in any defense contractors. If4416confirmed, I will follow the counsel of DOE ethics officials regarding4417any potential conflicts or perceived conflicts of interest.44184419    20. Senator Warren. Mr. Williams, what do you consider the role of4420the press in a democracy?4421    Mr. Williams. Freedom of the press is a clearly defined protection4422as stated in the First Amendment.44234424    21. Senator Warren. Mr. Williams, do you think it would be an4425appropriate use of taxpayer resources to ``dig up dirt'' on journalists4426who investigate or criticize you, your office, or the Trump4427administration?4428    Mr. Williams. As stated in my previous response, I believe the4429freedom of the press is clearly defined in the First Amendment.44304431    22. Senator Warren. Mr. Williams, will you commit not to retaliate,4432including by denying access to government officials or facilities,4433against news outlets or individual journalists who publish articles4434that are critical of you, your office, your agency, or the Trump4435administration?4436    Mr. Williams. If confirmed, I commit to following the law and4437upholding the duties of my office.44384439    23. Senator Warren. Mr. Williams, have you requested, or has anyone4440requested on your behalf, that any other person or third party sign a4441nondisclosure, confidentiality, non-disparagement, or similar agreement4442regarding your conduct in a personal or professional capacity?4443    Mr. Williams. No.44444445    24. Senator Warren. Mr. Williams, will you voluntarily release any4446individual from any such agreements before this committee votes on your4447nomination?4448    Mr. Williams. Not applicable.44494450    25. Senator Warren. Mr. Williams, have you ever paid or promised to4451pay, or has anyone paid or promised to pay on your behalf, an4452individual as part of any non-disclosure, confidentiality, non-4453disparagement, or similar agreement?4454    Mr. Williams. No.44554456    26. Senator Warren. Mr. Williams, if the answer to the previous4457question was yes, how much was promised, how much was paid, and what4458were the circumstances?4459    Mr. Williams. Not applicable.44604461    27. Senator Warren. Mr. Williams, will you commit to recuse4462yourself from all particular matters involving your former clients and4463employers for at least 4 years after you leave DOD?4464    Mr. Williams. Should I be confirmed, I will comply with all laws4465and regulations regarding future employment after service within the4466executive branch.44674468    28. Senator Warren. Mr. Williams, will you commit to not seeking4469employment, board membership with, or another form of compensation from4470a company that you regulated or otherwise interacted with while in4471government, for at least 4 years after leaving office?4472    Mr. Williams. Should I be confirmed, I will comply with all laws4473and regulations regarding future employment after service within the4474executive branch.44754476    29. Senator Warren. Mr. Williams, would it ever be appropriate to4477threaten or imply that you would withhold future contracts from a4478company if they filed a complaint, bid protest, or cooperated with an4479Inspector General, civil, or criminal investigation?4480    Mr. Williams. No, that would not be appropriate. congressional4481Oversight and Transparency44824483    30. Senator Warren. Mr. Williams, what is your understanding of the4484role of the Department of Energy Inspector General?4485    Mr. Williams. It is my understanding that, pursuant to the4486Inspector General Act, the Inspector General for the Department of4487Energy is charged with investigating and auditing department programs4488to combat waste, fraud, and abuse.44894490    31. Senator Warren. Mr. Williams, will you ensure your staff4491complies with any Inspector General deadlines established for requested4492communications, providing witnesses, providing documents, and that4493those witnesses will be protected from reprisal for their testimony?4494    Mr. Williams. If confirmed, I will comply with all laws and4495regulations related to service in the U.S. Government.44964497    32. Senator Warren. Mr. Williams, if you are not able to comply4498with any Inspector General requests and deadlines, will you notify the4499Republican and Democratic Members of this Committee regarding the basis4500for any good faith delay or denial?4501    Mr. Williams. If confirmed, I will work to comply with Inspector4502General requests in a timely manner. I would defer to the Office of the4503Inspector General to update Members of the Committee regarding the4504progress of the Inspector General's ongoing reviews.45054506    33. Senator Warren. Mr. Williams, if you are confirmed, will you4507commit to refusing to follow illegal orders from any individual,4508including the President?4509    Mr. Williams. I do not accept the premise that the President will4510issue me an unlawful order. If confirmed, I will comply with all laws4511and regulations related to service in the U.S. Government.45124513    34. Senator Warren. Mr. Williams, what actions would you take if4514you were given an illegal order from any individual, including the4515President?4516    Mr. Williams. I do not accept the premise that the President will4517issue me an unlawful order. If confirmed, I will comply with all laws4518and regulations related to service in the U.S. Government.45194520    35. Senator Warren. Mr. Williams, will you commit to testify or4521provide a deposition if you are called upon by Congress to provide a4522deposition voluntarily?4523    Mr. Williams. Yes.45244525    36. Senator Warren. Mr. Williams, will you commit to testify or4526provide a deposition to Congress if you are issued a subpoena to4527testify?4528    Mr. Williams. Should I be confirmed, if I am issued a subpoena, I4529will follow the advice of DOE and NNSA General Counsel regarding4530compliance with such subpoena.45314532    37. Senator Warren. Mr. Williams, will you commit to providing4533information or documents to Congress voluntarily if you are requested4534to do so?4535    Mr. Williams. Yes.45364537    38. Senator Warren. Mr. Williams, will you provide information or4538documents to Congress if you are issued a subpoena?4539    Mr. Williams. Should I be confirmed, if I am issued a subpoena, I4540will follow the advice of DOE and NNSA General Counsel regarding4541compliance with such subpoena.45424543    39. Senator Warren. Mr. Williams, will you commit to following4544current precedent for responding to information requests, briefings,4545and other inquiries from Congress, including the Senate and House Armed4546Services Committees and their minority Members?4547    Mr. Williams. Yes.45484549    40. Senator Warren. Mr. Williams, if confirmed, will you commit to4550posting your official calendar monthly?4551    Mr. Williams. Should I be confirmed, I intend to notice official4552engagements as needed. Given the sensitive nature of much of the work4553done at NNSA, I understand that not all official engagements may be4554made public due to their classified nature.45554556    41. Senator Warren. Mr. Williams, do you think DOD has an4557overclassification problem? If so, please provide this committee with4558an estimate of the number or percentage of documents that will be under4559your purview that are overclassified or other examples to illustrate4560this problem.4561    Mr. Williams. As a nominee for the position of Under Secretary of4562Energy for Nuclear Security at the Department of Energy, I am unable to4563postulate an estimation as to the number of documents that may be4564considered overclassified at the Department of Defense.45654566    42. Senator Warren. Mr. Williams, to the best of your knowledge, is4567your office or agency identifying records for proactive posting in4568compliance with the Freedom of Information Act? If not, please describe4569how you would ensure that they do so to comply with public records law.4570    Mr. Williams. Should I be confirmed, I will follow all DOE and NNSA4571General Counsel advice regarding compliance with Freedom of Information4572Act requests.45734574    43. Senator Warren. Mr. Williams, if confirmed, do you think your4575department should pursue strategic technology to support automated4576declassification?4577    Mr. Williams. Should I be confirmed, I will review potential4578efforts on the use of strategic technology that supports automated4579declassification that protects U.S. national security interests and4580State secrets.4581                              project 20254582    44. Senator Warren. Mr. Williams, have you discussed Project 20254583with any officials associated with the Trump campaign, the Trump4584transition team, or other members of the Trump administration? If so,4585please explain what you discussed, when you discussed it, and with whom4586you discussed it.4587    Mr. Williams. No.45884589    45. Senator Warren. Mr. Williams, have you discussed Project 20254590with any officials associated with the Heritage Foundation? If so,4591please explain what you discussed, when you discussed it, and with whom4592you discussed it.4593    Mr. Williams. No.4594                           foreign influence4595    46. Senator Warren. Mr. Williams, have you received any payment4596from a foreign government or entity controlled by a foreign government4597within the past 5 years?4598    Mr. Williams. No.45994600    47. Senator Warren. Mr. Williams, have you communicated with any4601foreign government or entity controlled by a foreign government within4602the past 5 years?4603    Mr. Williams. I have disclosed all connections to foreign nationals4604as part of the U.S. Office of Personnel Management SF-86 form and the4605related background investigation that was previously conducted and4606required for my role as the Under Secretary for Nuclear Security and4607Administrator of the NNSA.46084609    48. Senator Warren. Mr. Williams, please disclose any4610communications or payments you have had with representatives of any4611foreign government or entity controlled by a foreign government within4612the past 5 years and describe the nature of the communication.4613    Mr. Williams. As discussed in my previous response, I have4614disclosed all connections to foreign nationals, and I have received no4615payments from any representatives of foreign governments or entities4616controlled by foreign governments.4617               retaliation and protecting whistleblowers4618    49. Senator Warren. Mr. Williams, do you believe that4619servicemembers, civilians, grantees, and contractors should be4620protected from any form of retaliation for coming forward about an4621illegal order, sexual assault or harassment, negligence, misconduct, or4622any other concern that they wish to raise?4623    Mr. Williams. If confirmed, I will comply with all laws and4624regulations related to whistleblowers.46254626    50. Senator Warren. Mr. Williams, have you ever retaliated against4627any individual for coming forward about an illegal order, sexual4628assault or harassment, negligence, misconduct, or any other concern4629that they wish to raise?4630    Mr. Williams. No.46314632    51. Senator Warren. Mr. Williams, if you are confirmed, will you4633commit to protecting whistleblowers? If so, please specify how you will4634do so.4635    Mr. Williams. Should I be confirmed, I will comply with DOE's4636whistleblower protection policies and standards.4637                        impoundment control act4638    52. Senator Warren. Mr. Williams, on January 27, 2025, President4639Trump's Office of Management and Budget (OMB) issued a memo calling for4640the suspension of all Federal financial assistance programs (excluding4641``assistance provided directly to individuals''). Do you agree with4642OMB's decision to issue this memo?4643    Mr. Williams. I believe there is a standard for an incoming4644Administrations to review expenditures before payments are made to make4645sure they comply with the law. Currently, I am not aware of any direct4646impacts to program funding from agency reviews related to the National4647Nuclear Security Administration.46484649    53. Senator Warren. Mr. Williams, do you believe the Secretary of4650Defense has the legal authority to block the disbursement of funds4651appropriated by Congress?4652    Mr. Williams. As a nominee for the position of Under Secretary of4653Energy for Nuclear Security at the Department of Energy, I am not aware4654of legal authorities that the Secretary of Defense may have regarding4655disbursement of funds and I am not aware of DOD policy that has4656specifics on the matter.46574658    54. Senator Warren. Mr. Williams, what is your understanding of the4659Impoundment Control Act?4660    Mr. Williams. The Congressional Budget and Impoundment Control Act4661of 1974 governs the role of Congress in the U.S. Budget process.46624663    55. Senator Warren. Mr. Williams, do you commit to following the4664Impoundment Control Act?4665    Mr. Williams. If confirmed, I will comply with all laws and4666regulations related to service to the U.S. Government.46674668    56. Senator Warren. Mr. Williams, do you commit to notifying the4669Senate and House Armed Services Committees, including the majority and4670minority, if you are asked not to follow the Impoundment Control Act or4671not to expend the money that Congress appropriates or authorizes?4672    Mr. Williams. Should I be confirmed, I will comply with all4673applicable laws and statutes regarding the Federal budgetary process.46744675    57. Senator Warren. Mr. Williams, the Constitution's Spending4676Clause (Art. I, Sec.  8, cl. 1) and Appropriations Clause (Art. I,4677Sec.  9, cl. 7) give Congress, not the Executive, power of the purse.4678The Supreme Court has unanimously upheld this power. Do you believe4679that impoundments are constitutional?4680    Mr. Williams. I am not a Constitutional legal scholar, but should I4681be confirmed, I will follow all applicable laws and statutes.46824683    58. Senator Warren. Mr. Williams, the funding levels in4684appropriations bills passed into law are not targets or ceilings;4685instead, they are amounts the executive branch must spend, unless4686stated otherwise. Congress could--if it wanted the President to have4687discretion--write those amounts as ceilings. Do you agree?4688    Mr. Williams. I commit, if confirmed, to executing my4689responsibilities consistent with the Constitution and the law, to4690include appropriations legislation. I would ensure that my actions on4691this matter are informed by the administration's legal positions.46924693    59. Senator Warren. Mr. Williams, what is your understanding of the4694requirements for DOD to obligate funding that Congress authorizes and4695appropriates, in accordance with the time period that Congress deems it4696to do so?4697    Mr. Williams. While I am not nominated for a position at the4698Department of Defense, I will comply with all applicable laws and4699statues regarding the obligation of funds.47004701    60. Senator Warren. Mr. Williams, do you commit to expending the4702money that Congress appropriates and authorizes?4703    Mr. Williams. Should I be confirmed, I will follow the law.47044705    61. Senator Warren. Mr. Williams, do you commit to following and4706implementing every provision of the annual National Defense4707Authorization Act passed into law?4708    Mr. Williams. Should I be confirmed, I will follow the law.47094710    62. Senator Warren. Mr. Williams, if you became aware of a4711potential violation of the Antideficiency Act, Impoundment Control Act,4712or other appropriations laws, what steps would you take?4713    Mr. Williams. Should I be confirmed, I will follow all applicable4714law and statutes.4715                           acquisition reform4716    63. Senator Warren. Mr. Williams, what is your understanding of the4717Procurement Integrity Act and your obligations under that law?4718    Mr. Williams. The Procurement Integrity Act (``PIA'') (as codified4719at 41 USC Sec. Sec.  2101-2107) is intended to prohibit, and lay out4720consequences for, certain actions of Federal officials and others that4721would potentially compromise the integrity of Federal acquisitions.4722    Under the PIA, I would be obligated: (1) not to knowingly disclose4723contractor bid/proposal information or source selection information4724prior to the award of a Federal procurement to which the information4725relates (42 USC Sec.  2102); (2) if I'm personally and substantially4726participating in a Federal procurement valued in excess of the4727Simplified Acquisition Threshold, to report any contact with offerors4728regarding non-Federal employment to designated officials, and either4729reject the offer or recuse myself from the procurement (42 USC Sec.47302103); and (3) not to accept compensation from a contractor as an4731employee, officer, director, or consultant, for a period of 1 year4732after I have taken certain actions in excess of $10 million, that have4733benefited the contractor (e.g., served as a Source Selection Authority4734or otherwise personally made a decision for NNSA to award a contract,4735subcontract, order, or modification thereto) (42 USC Sec.  2104).47364737    64. Senator Warren. Mr. Williams, do you believe that it is4738important to be able to assess accurate cost and pricing data from4739contractors, especially for sole-or single-source contracts?4740    Mr. Williams. I believe it is important to be a responsible steward4741of taxpayer dollars, and I look forward to reviewing current contracts4742at NNSA, should I be confirmed.47434744    65. Senator Warren. Mr. Williams, how do you plan to obtain cost4745and pricing data from contractors to determine that the cost of Federal4746contracts is fair and reasonable?4747    Mr. Williams. I believe it is important to be a responsible steward4748of taxpayer dollars, and while not currently at DOE, I look forward to4749reviewing current contracts at NNSA, should I be confirmed.47504751    66. Senator Warren. Mr. Williams, how do you plan to do so in cases4752where contractors refuse or claim they are unable to turn over this4753data?4754    Mr. Williams. I believe it is important to be a responsible steward4755of taxpayer dollars, and while not currently at DOE, I look forward to4756reviewing current contracts at NNSA, should I be confirmed.47574758    67. Senator Warren. Mr. Williams, if you are confirmed, what steps4759will you take to ensure that contractors are not price gouging or4760overcharging the Federal Government?4761    Mr. Williams. I believe it is important to be a responsible steward4762of taxpayer dollars, and while not currently at DOE, I look forward to4763reviewing current contracts at NNSA, should I be confirmed.47644765    68. Senator Warren. Mr. Williams, if you are confirmed, will you4766commit to seeking refunds, including voluntary refunds, from4767contractors and companies that overcharge the Federal Government?4768    Mr. Williams. I believe it is important to be a responsible steward4769of taxpayer dollars, and while not currently at DOE, I look forward to4770reviewing current contracts at NNSA, should I be confirmed.47714772    69. Senator Warren. Mr. Williams, if so, how do you plan to do so?4773    Mr. Williams. I believe it is important to be a responsible steward4774of taxpayer dollars, and while not currently at DOE, I look forward to4775reviewing current contracts at NNSA, should I be confirmed.4776                        research and development4777    70. Senator Warren. Mr. Williams, does the Federal Government4778benefit from partnering with colleges, universities, nonprofits, and4779federally funded research and development centers?4780    Mr. Williams. NNSA and the Department of Energy have a long history4781of collaboration with colleges, universities, nonprofits, and federally4782funded research and development centers, particularly at the DOE4783National Labs. Much of the work done at the National Labs is at the4784forefront of science and national security.47854786    71. Senator Warren. Mr. Williams, under your leadership, will your4787agencies continue to work with colleges, universities, nonprofits, and4788federally funded research and development centers to research and4789address our toughest national security challenges?4790    Mr. Williams. Should I be confirmed, I look forward to learning4791about the current collaborations between NNSA and colleges,4792universities, nonprofits, and federally funded research and development4793centers.47944795    72. Senator Warren. Mr. Williams, what should your agency's4796criteria for canceling grants be?4797    Mr. Williams. NNSA has an important national security mission, and4798is entrusted with the stewardship of taxpayer dollars. While I am not4799currently serving in the Department and have no knowledge of current4800practices, I believe any decisions regarding grant funding should4801uphold national security and yield a benefit to the American taxpayer.48024803    73. Senator Warren. Mr. Williams, who should be involved in4804decisions to cancel grants?4805    Mr. Williams. I am unaware of the current review process currently4806established at NNSA and the Department of Energy. Should I be4807confirmed, I intend to look into the decisionmaking process regarding4808grant recissions.4809         protecting classified information and federal records4810    74. Senator Warren. Mr. Williams, what is your understanding of the4811need to protect operational security, or OPSEC?4812    Mr. Williams. As a former military officer, I recognize that4813Operations Security (OPSEC) is a critically important national program4814that applies to all agencies and is designed to deny adversaries the4815ability to collect, analyze, and exploit information that might provide4816an advantage against the United States. OPSEC protects information4817against the inadvertent compromise through a process of continual4818assessment.48194820    75. Senator Warren. Mr. Williams, what are the national security4821risks of improperly disclosing classified information?4822    Mr. Williams. In addition to violating Federal laws/regulations,4823the improper disclosure of classified information may compromise4824sensitive national security information to adversaries, potentially4825endangering the United States and its allies and partners.48264827    76. Senator Warren. Mr. Williams, is it your opinion that4828information about imminent military targets is generally sensitive4829information that needs to be protected?4830    Mr. Williams. Military targets are not in the purview of the4831National Nuclear Security Administration. I defer to the Department of4832Defense on this matter.48334834    77. Senator Warren. Mr. Williams, what would you do if you learned4835an official had improperly disclosed classified information?4836    Mr. Williams. Any person who has knowledge that classified4837information has been or may have been lost, possibly compromised, or4838disclosed to an unauthorized person must immediately report the4839circumstances to those who have the authority and responsibility for4840conducting incidents of security concern inquiries at NNSA.48414842    78. Senator Warren. Mr. Williams, what is your understanding of4843Government officials' duties under the Federal Records Act?4844    Mr. Williams. The Federal Records Act of 1950 (P.L. 81-754) is a4845United States Federal law that provides the legal framework for Federal4846records management, including record creation, maintenance, and4847disposition.48484849    79. Senator Warren. Mr. Williams, should classified information be4850shared on unclassified commercial systems?4851    Mr. Williams. Should I be confirmed, I will follow the law and all4852records retention policies at the Department of Energy.48534854    80. Senator Warren. Mr. Williams, is it damaging to national4855security if the pilots flying a mission find out that the official who4856ordered them to perform that mission shared sensitive information that4857could have made it more likely that the mission would fail, or they4858would be killed?4859    Mr. Williams. Military targets are not in the purview of the4860National Nuclear Security Administration. I defer to the Department of4861Defense on this matter.48624863    81. Senator Warren. Mr. Williams, if you had information about the4864status of specific targets, weapons being used, and timing for imminent4865U.S. strikes against an adversary, under what circumstances would you4866feel comfortable receiving or sharing that information on an4867unclassified commercial application like Signal?4868    Mr. Williams. Military targets are not in the purview of the4869National Nuclear Security Administration. I defer to the Department of4870Defense on this matter.4871                national nuclear security administration4872    82. Senator Warren. Mr. Williams, what is your understanding of the4873purpose of title 42 U.S. Code Sec.  7132?4874    Mr. Williams. The statute, 42 U.S.C. Sec.  7132, is part of the DOE4875Organization Act and includes the Department's Principal Officers,4876which are the Deputy Secretary, three Under Secretaries and the4877Department's General Counsel. It was amended in 2000 to add the Under4878Secretary of Nuclear Security.48794880    83. Senator Warren. Mr. Williams, what criteria should be used to4881reduce NNSA's workforce?4882    Mr. Williams. As I said in my opening remarks, ``the men and women4883of the NNSA comprise one of the greatest scientific and engineering4884organizations in human history'' and they ``ensure the safety,4885security, reliability, and effectiveness of our nuclear stockpile.''4886The Government Accountability Office has previously noted that NNSA4887does not have a ``sufficiently sized Federal workforce to carry out the4888agency's critical missions and oversee M&O contracts.'' I defer to the4889Office of Personnel Management to establish criteria regarding4890reductions-in-force.48914892    84. Senator Warren. Mr. Williams, how will you assess the impact of4893potential workforce reductions on stockpile sustainment, non-4894proliferation, and modernization programs?4895    Mr. Williams. The NNSA workforce is critical. If confirmed, I will4896stand up for NNSA's personnel to deliver on NNSA's critical national4897security mission. We are facing a moment in history where NNSA must4898perform, and the agency's success depends on its workforce.48994900    85. Senator Warren. Mr. Williams, the NNSA depends on a mix of4901Federal employees, contractors, and lab scientists to manage critical4902programs. If you determine that reductions in force have harmed NNSA's4903mission, what contingency plans would you implement to ensure continued4904oversight, safety, and security of the nuclear stockpile?4905    Mr. Williams. I am not aware of reductions-in-force that have been4906implemented at NNSA at this time. I intend to review the contingency4907plans currently in place and will follow my obligations in statute to4908ensure the oversight, safety, and security of the nuclear stockpile.49094910    86. Senator Warren. Mr. Williams, NNSA is undergoing the largest4911modernization programs in its history. Earlier this month the4912Government Accountability Office published a report that noted that4913NNSA's internal review ``concluded that it wouldn't be able to meet4914this workload without changes''. Are you familiar with NNSA's review4915and how would you address its recommendations?4916    Mr. Williams. In my current capacity, I am not privy to the4917information contained in NNSA's internal review. If confirmed, I will4918review the report's findings.49194920    87. Senator Warren. Mr. Williams, if you are not familiar with the4921review referenced in the question above, will you provide this4922committee with your plan to address its recommendations in 30 days?4923    Mr. Williams. If confirmed, I will review the report's findings and4924determine whether plans are needed to address its recommendations.49254926    88. Senator Warren. Mr. Williams, if confirmed, how will you4927address your technical management experience shortfalls?4928    Mr. Williams. I believe my background serving in the United States4929Navy, as CEO of a software company focused on modernizing and securing4930industrial controls for process manufacturing industries, and as a4931Member of Congress has equipped me with the experience and expertise4932needed to serve as Under Secretary for Nuclear Security and4933Administrator for NNSA. If confirmed, I will work closely with NNSA's4934leadership team to continue to build a stronger, more efficient, and4935mission-focused culture.49364937    89. Senator Warren. Mr. Williams, what is your plan to address4938NNSA's significant management challenges?4939    Mr. Williams. If confirmed, I will be looking for areas where we4940can adopt innovative strategies to more efficiently deliver NNSA's4941mission like streamlining project management requirements. I look4942forward to developing a culture of accountability, determining the4943optimal level of oversight, take decisive action, when necessary,4944implement lessons learned, and reinforce best practices for cost4945estimating.49464947    90. Senator Warren. Mr. Williams, do you think it is concerning for4948U.S. companies with U.S. user data to partner with companies either4949partially or completely controlled by the Chinese Government?4950    Mr. Williams. Yes, I believe that companies should remain vigilant4951in their dealings with companies either partially or completely4952controlled by the Chinese government.49534954    91. Senator Warren. Mr. Williams, do you currently have any4955dealings with businesses that have ties to the Chinese Government?4956    Mr. Williams. No.49574958    92. Senator Warren. Mr. Williams, have you ever conducted business4959with a foreign national?4960    Mr. Williams. Yes.49614962    93. Senator Warren. Mr. Williams, if confirmed, would you commit to4963not share information with any company that could use this information4964to undermine U.S. national security interests, including by supporting4965China's nuclear modernization efforts?4966    Mr. Williams. Yes.49674968    94. Senator Warren. Mr. Williams, in your advanced policy questions4969you said ``NNSA's nonproliferation mission also helps ensure threats to4970the United States are minimized and, when applicable, nuclear4971agreements are verifiable to deter negotiating partners from abrogating4972them.'' Do you think it's important to advance and support NNSA's4973nonproliferation mission?4974    Mr. Williams. Yes.49754976    95. Senator Warren. Mr. Williams, would it be harmful for NNSA4977workforce reductions to weaken U.S. leadership in nonproliferation?4978    Mr. Williams. In my current capacity, I am not privy to the makeup4979of the workforce at NNSA. The NNSA workforce is unique and exceptional;4980they are essential to accomplishing the vital work entrusted to them.4981If confirmed, I will advocate for the men and women of NNSA so that we4982can accomplish that mission together.49834984    96. Senator Warren. Mr. Williams, how do you think increasing our4985nuclear weapons spending will impact our adversaries' interest in doing4986the same?4987    Mr. Williams. Our adversaries have already been accelerating their4988nuclear modernization efforts for years. The current U.S. stockpile4989remains safe, secure, reliable, and effective. NNSA must continue to be4990responsive to DOD requirements while developing capabilities to meet4991deterrent gaps of any kind that may emerge well into the future.4992    Above all, our nuclear modernization plan must deter the full range4993of threats posed by adversaries and ensure the United States has an4994enduring safe, secure, and effective nuclear stockpile.49954996    97. Senator Warren. Mr. Williams, how do you think our adversaries4997would interpret the United States resuming live fire nuclear weapons4998testing?4999    Mr. Williams. The United States continues to observe its 19925000nuclear test moratorium; and, since 1992, has assessed that the5001deployed nuclear stockpile remains safe, secure, and effective without5002nuclear explosive testing. Each year, the national security laboratory5003directors and the Commander of U.S. Strategic Command assess the5004stockpile and determine if there is anything that would require a5005return to underground nuclear explosive testing. If confirmed, I will5006continue to support the annual assessment process and will ensure NNSA5007continues to comply with readiness requirements while also supporting a5008robust Stockpile Stewardship Program. For questions regarding the views5009and actions of America's adversaries, I will need to defer to the5010Intelligence Community.50115012    98. Senator Warren. Mr. Williams, given the Pentagon's $1.55013trillion nuclear modernization program and Donald Trump's commitment to5014examining every aspect of the Federal Government for wasteful spending,5015will you assess whether any nuclear modernization programs should be5016identified for possible re-evaluation to cut unnecessary costs for the5017American taxpayer?5018    Mr. Williams. NNSA's modernization of the U.S. nuclear arsenal is5019the backbone of our national defense, ensuring the United States fields5020modern, reliable, and effective weapons to deter our adversaries. NNSA5021is entrusted with stewardship of taxpayer dollars which requires5022appropriate scrutiny. Over the past few years, NNSA has made5023improvements to address project management challenges, but more work in5024this area is required. If confirmed, I will be looking for areas where5025we can adopt innovative strategies to more efficiently deliver NNSA's5026mission.50275028    99. Senator Warren. Mr. Williams, as an unratified signatory of the50291996 Comprehensive Test Ban Treaty, the United States has not tested a5030nuclear weapon since Operation Julin in 1992, relying instead on the5031Stockpile Stewardship Program to ensure the safety and reliability of5032the arsenal. Former National Security Advisor to Donald Trump, Robert5033O'Brien, recently suggested that the United States should restart5034nuclear weapons testing. Do you believe there is any technical or5035strategic justification for resuming explosive nuclear testing?5036    Mr. Williams. The United States continues to observe its 19925037nuclear test moratorium; and, since 1992, has assessed that the5038deployed nuclear stockpile remains safe, secure, and effective without5039nuclear explosive testing. Each year, the national security laboratory5040directors and the Commander of U.S. Strategic Command assess the5041stockpile and determine if there is anything that would require a need5042to return to underground nuclear explosive testing. If confirmed, I5043will continue to support the annual assessment process and will ensure5044NNSA continues to comply with readiness requirements while also5045supporting a robust Stockpile Stewardship Program.50465047    100. Senator Warren. Mr. Williams, some have argued that resuming5048explosive nuclear testing could provide marginal benefits for stockpile5049confidence, while others warn that it would have severe consequences5050for arms control, non-proliferation, and global security. If confirmed,5051will you commit to prioritizing scientific advancements in stockpile5052stewardship over unnecessary and destabilizing nuclear testing?5053    Mr. Williams. The United States continues to observe its 19925054nuclear test moratorium; and, since 1992, has assessed that the5055deployed nuclear stockpile remains safe, secure, and effective without5056nuclear explosive testing. Each year, the national security laboratory5057directors and the Commander of U.S. Strategic Command assess the5058stockpile and determine if there is anything that would require a need5059to return to underground nuclear explosive testing. If confirmed, I5060will continue to support the annual assessment process and will ensure5061NNSA continues to comply with readiness requirements while also5062supporting a robust Stockpile Stewardship Program.50635064    101. Senator Warren. Mr. Williams, the NNSA's Office of Defense5065Nuclear Nonproliferation (DNN) works globally to prevent State and non-5066State actors from developing nuclear weapons or acquiring weapons-5067usable nuclear or radiological materials, equipment, technology, and5068expertise. Given that $185 million has been redirected from defense5069nuclear non-proliferation to weapons development, can you speak about5070the impact this shift will have on non-proliferation programs at NNSA5071and what you will do to ensure these programs get the funding they5072need?5073    Mr. Williams. In my current capacity, I am not privy to the details5074related to that funding nor the decisions behind its redirection. If5075confirmed, I am committed to protecting the United States from the5076threat of nuclear proliferation.50775078    102. Senator Warren. Mr. Williams, the success of the NNSA's non-5079proliferation mission relies on experienced personnel in national labs5080and international cooperation programs. What will you do if you5081determine that reductions that occurred before your confirmation have5082weakened U.S. leadership in non-proliferation and made the United5083States less safe?5084    Mr. Williams. If confirmed, I will work with the Secretary of5085Energy, the White House Office of Management and Budget, and the5086President to determine that NNSA's nonproliferation programs have the5087funding and staffing needed to execute their mission.5088                               __________5089             Questions Submitted by Senator Tammy Duckworth5090                             accountability5091    103. Senator Duckworth. Mr. Williams, do you commit that your5092decisions will be communicated through official, secure channels and5093properly documented for both oversight and institutional memory?5094    Mr. Williams. Should I be confirmed, I will comply with all5095Department of Energy records retentions policies and applicable law.50965097    104. Senator Duckworth. Mr. Williams, would you follow an illegal,5098unlawful, or immoral order?5099    Mr. Williams. Should I be confirmed, I intend to comply with the5100law.5101                                 ______51025103    [The nomination reference of The Honorable Brandon M.5104Williams follows:]51055106    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]51075108                                 ______51095110    [The biographical sketch of The Honorable Brandon M.5111Williams, which was transmitted by the Committee at the time of5112the nomination was referred, follows:]51135114   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]51155116                                 ______51175118    [The Committee on Armed Services requires all individuals5119nominated from civilian life by the President to positions5120requiring the advice and consent of the Senate to complete a5121form that details the biographical, financial, and other5122information of the nominee. The form executed by The Honorable5123Brandon M. Williams in connection with his nomination follows:]51245125   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]51265127                                 ______51285129    [The nominee responded to Parts B-F of the Committee5130questionnaire. The text of the questionnaire is set forth in5131the Appendix to this volume. The nominee's answers to Parts B-F5132are contained in the Committee's executive files.]51335134   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]51355136                                 ______51375138    [The nomination of The Honorable Brandon M. Williams was5139reported to the Senate by Chairman Wicker on May 1, 2025, with5140the recommendation that the nomination be confirmed. The5141nomination was confirmed by the Senate on September 18, 2025.]5142                                ------51435144    [Prepared questions submitted to Mr. Bradley D. Hansell by5145Chairman Wicker prior to the hearing with answers supplied5146follow:]51475148                        Questions and Responses5149               duties, qualifications, and relationships5150    Question. If confirmed as the Under Secretary of Defense for5151Intelligence and Security USD(I&S), what do you believe would be your5152most critical duties and responsibilities?5153    Answer. The primary responsibility of the Under Secretary of5154Defense for Intelligence and Security (USD(I&S)) is to support the5155Secretary of Defense by executing his intelligence and security5156responsibilities and authorities, including the authorities that are5157codified in Title 10 and Title 50 of the United States Code. Conducting5158this responsibility in support of the warfighter and our national5159defense will always be on the top of my mind. I am also particularly5160aware, if confirmed, of the responsibility of the USD(I&S), pursuant to5161section 137(c) of Title 10 United States Code, for the protection of5162privacy and civil liberties in accordance with Federal law and the5163regulations and directives of the Department of Defense.5164    I understand that the responsibilities of the USD(I&S) by statute5165and policy are contained in DOD Directive 5143.01 and include serving5166as the Principal Staff Assistant and advisor regarding intelligence,5167counterintelligence, security, sensitive activities, and other5168intelligence-related matters; exercising authority, direction, and5169control on behalf of the Secretary of Defense over the Defense5170Intelligence Agency (DIA), the National Geospatial-Intelligence Agency5171(NGA), the National Security Agency / Central Security Service (NSA /5172CSS), the National Reconnaissance Office (NRO), and the Defense5173Counterintelligence and Security Agency (DCSA); establishing policy and5174priorities for, and providing oversight of, the defense intelligence5175and security enterprises; exercising oversight of personnel policy to5176ensure that intelligence organizations in the Department of Defense are5177staffed, organized, trained, and equipped to support the missions of5178the Department; ensuring that the DOD intelligence components that are5179also elements of the Intelligence Community (IC) are responsive to the5180Director of National Intelligence (DNI) in the execution of the DNI's5181authorities; ensuring that the combatant commanders, the Joint Chiefs5182of Staff, and the civilian leadership of the Department are provided5183with appropriate intelligence support; ensuring that5184counterintelligence activities in the Department are conducted and5185managed efficiently and effectively; ensuring that certain sensitive5186activities which the Department conducts or supports are conducted and5187managed efficiently and effectively; overseeing the implementation of5188assigned DOD security policies and programs to ensure efficiency and5189effectiveness; and serving as the Program Executive for the Military5190Intelligence Program (MIP).5191    Question. What is your understanding of the differences between the5192Title 10 and Title 50 duties of the USD(I&S)?5193    Answer. My understanding is that the USD(I&S) supports the5194Secretary of Defense in fulfilling all the Secretary's statutory5195responsibilities in the areas of intelligence and security, whether5196codified in Title 10 or Title 50 of the United States Code, and that5197the duties of the USD(I&S) are prescribed in DOD Directive (DODD)51985143.01. This includes providing overall direction and supervision for5199policy, program planning and execution, and use of resources for DOD5200activities that are part of the Military Intelligence Program and for5201personnel security, physical security, industrial security, and the5202protection of classified information and controlled unclassified5203information-related activities. Of note, section 137(c) of Title 105204also states that it shall be a top priority of the USD(I&S) to protect5205privacy and civil liberties in accordance with Federal law and the5206regulations and directives of DOD. I also understand that the USD(I&S)5207supports the Secretary of Defense in fulfilling the responsibilities in5208subsection 3038(a) of Title 50, United States Code, in consultation5209with the Director of National Intelligence, to ensure: (1) that the5210budgets of the Intelligence Community (IC) elements within the5211Department of Defense (DOD) are adequately funded to the overall DOD5212intelligence needs; (2) the implementation of the policies and resource5213decisions of the Director of National Intelligence by DOD Components5214within the National Intelligence Program (NIP); (3) that DOD tactical5215intelligence activities complement and are compatible with intelligence5216activities funded by the NIP; (4) that the IC elements within DOD are5217responsive and timely with respect to satisfying the needs of5218operational military forces; (5) waste and unnecessary duplication5219among the DOD intelligence activities are eliminated; and (6) that DOD5220intelligence activities are conducted jointly where appropriate.5221    Question. What leadership and management experience do you possess5222that you would apply to your service as USD(I&S), if confirmed?5223    Answer. I am passionate about helping people and organizations5224realize their highest potential. Throughout my career, I have sought5225opportunities to be a student and a practitioner of leadership to5226enable that objective. If confirmed, I look forward to bringing my5227experience forward to be an effective servant leader within the5228Department of Defense and Defense Intelligence and Security Enterprise5229(DISE). I believe my experience in the United States Navy, the United5230States Army Special Forces, the National Security Council, and in the5231private sector working within both the commercial and government5232sectors have uniquely prepared me for this position.5233    After college, I initially chose to join the Navy's Surface Warfare5234Community, inspired by the responsibility of leadership and opportunity5235to serve our Nation. My early tours as a Naval Officer taught me many5236lessons about how to get things done in a large, matrixed enterprise.5237Seeking more impact, I entered Naval Special Warfare Training, which5238provided the foundation for the character and leadership principles I5239bring forward today. After leading my class through `hell week' and a5240medical disqualification later in training, a transfer to the Army5241Special Forces provided the experiences that would deepen my commitment5242to these principles. I am honored that some of these experiences5243included leading America's finest in combat. These responsibilities5244prepared me to be a strong manager able to generate a vision, build5245consensus, and drive execution. Most importantly, my experiences have5246ingrained in me the value of servant leadership.5247    After my retirement from the military, I attended graduate school5248for an MBA to learn how to best apply these leadership lessons in the5249business world. I have twice worked at Boston Consulting Group, a5250management consulting firm that advises the world's largest5251organizations on how to address some of their most challenging5252leadership and management challenges. This experience furthered my5253ability to be a strategic thinker, capable of challenging the status5254quo, in search of innovative solutions. As a leader in the North5255American Public Sector practice, advising leaders within the Defense5256and Intelligence Community, and as a Senior Director at the National5257Security Council, I understand the leadership and managerial challenges5258required when attempting to drive impact in the unique government5259domain.5260    As a strategy consultant, operating partner, and independent5261consultant I have significant experience partnering with management5262teams to tackle their hardest challenges. Across a breadth of sectors5263and types of challenges, and despite often facing complex data driven5264problems, I have found that effective leadership is almost always the5265most impactful lever. My vast experience, and lessons learned along the5266way, has shaped a personal leadership approach which is mission5267focused, outcomes driven, people enabled, and an exacting focus on5268effective decisionmaking. If confirmed, my years of implementing5269business best practices will help effectively manage the enterprise,5270and I believe my leadership will serve the organization to reach its5271potential.5272    Question. Please provide an example of a situation in which you led5273and brought to conclusion a management improvement/change initiative in5274a complex organization.5275    As a Senior Director on the National Security Council staff, I5276helped lead efforts in furtherance of a directorate focused on5277transnational threats. Part of my mandate was to identify and seek to5278eliminate any bureaucratic silos that limited our collective capacity5279in areas of my portfolio. I believe this integration is critical in5280both policy and organizational design in order to address the sources5281of strength and support of our adversaries, including in a key area of5282focus at the time for the Administration, transnational organized crime5283(TOC).5284    On February 9, 2017, President Trump issued Executive Order (EO)528513773, which, inter alia, called for enhanced efforts to ``maximize the5286extent to which all Federal agencies share information and coordinate5287with Federal law enforcement agencies, as permitted by law, in order to5288identify, interdict, and dismantle transnational criminal organizations5289and subsidiary organizations.'' The first interagency report in5290response to EO 13773 confirmed that the Federal Government did not have5291the requisite structures in place to adequately coordinate activity and5292also lacked the capability to provide a comprehensive picture of the5293threat environment. Recognizing the importance of establishing an5294interagency framework that can both map and action the threat5295environment, my team began to build consensus for a permanent5296integrated effort to meet the intent similar to what National5297Counterterrorism Threat Center (NCTC) does for integrating CT5298intelligence and planning. Our effort sought to develop the basis for5299increased data integration and a national level planning process. In5300the process of standing up a new coordination mechanism, we encountered5301many of the barriers that had hardened bureaucratic silos in the past--5302such as competing policy priorities, legal authorities issues, and5303widely differing but well-established mindsets that fostered5304organizational resistance to change. Despite all these obstacles, we5305successfully navigated a path to consensus to establish a new whole-of-5306government framework for tackling TOC.5307    These efforts yielded, inter alia, better integration with the5308Department of the Treasury and the Department of Defense and a new5309interagency planning capability to address this critical issue. These5310additional capabilities and increased coordination among Federal5311agencies have established an integrated policy planning process with a5312permanent focus on improving the integration of available5313investigative, regulatory, and law enforcement information required to5314address TOC in a more holistic and comprehensive way.5315    Question. What is your experience across the domain of intelligence5316matters? Security matters?5317    Answer. My career as a national security professional, spanning5318more than 20 years, has provided me with significant experience in the5319domain of intelligence and security matters, ranging from the tactical5320to the strategic level. As a Green Beret, my team conducted the entire5321intelligence cycle on the battlefield, to include the development and5322utilization of intelligence sources as well as the integration of5323sensitive intelligence capabilities, which I then relied on when5324planning and leading combat missions. I know the value of getting it5325right and the human cost of getting it wrong. My military career also5326included assignments focused on harbor security, force protection, and5327physical security.5328    Serving as a Senior Director in the National Security Council, I5329saw the criticality of timely and accurate intelligence to inform5330policymakers. As part of my responsibility, I leveraged intelligence in5331the formulation of policy and ensured relevant strategy was informed by5332adequate and coordinated intelligence collection. I saw the importance5333not only of the content of the intelligence, but the context and5334credibility in its effect on policy formulation. This experience5335afforded me the opportunity to become familiar with intelligence5336processes at the national level.5337    Leading a functional directorate on the National Security Council5338gave me exposure to threats and policies globally and the intelligence5339and security issues that supported them. In my responsibility to align5340inter-agency policies and resources to a national problem set, part of5341my role within my portfolio included working with elements of the5342Intelligence Community to better integrate toward a unified objective.5343It also provided me with valuable experience with responsiveness issues5344of the Intelligence Community to national level priorities. If5345confirmed, these experiences would inform my view on the criticality of5346integration across our intelligence components and enhance my ability5347to be a valuable stakeholder in its execution.5348    Returning to Boston Consulting Group, after my nomination to be the5349Deputy Under Secretary for Intelligence, I helped to build a FOCI5350mitigated business that focused on bringing industry's best practices5351to the unique government domain, as we partnered with leaders in both5352the DOD and the IC to address their challenges. I had the opportunity5353to work on strategy, organizational design, operational efficiency, and5354acquisition challenges in the community. In the establishment of that5355business, I handled many of the security issues that are faced by non-5356traditional entrants as they try to serve customers in the Intelligence5357Community. As an Operating Partner at two investment firms and as an5358Independent Consultant, I had the opportunity to partner with5359businesses as they navigated growth strategies in these often-non-5360efficient markets. Most of my work in the investment sector has relied5361on my deep understanding of the national security challenges facing the5362USG, its reliance on the commercial sector to fulfill its requirements,5363and the security challenges involved in effectively doing so.5364    Question. Are there are any actions you would take to enhance your5365ability to perform the duties and exercise the powers of the USD(I&S)?5366    Answer. If confirmed, leveraging the experience and wisdom of the5367professionals within the DISE and throughout DOD will be critical to my5368own and the organization's success. I believe in the value of seeking5369knowledge that can support the mission from every available source and5370will do so if confirmed. Furthermore, I would work to ensure an5371organization climate that encourages the best ideas to flow freely5372through the organization. My understanding is that the duties and5373authorities of the USD(I&S) in exercising the Secretary of Defense's5374authority, direction, and control over the DISE are significant when5375used to their full effect. As a nominee for USD(I&S), I have not yet5376had the opportunity to comprehensively assess whether the duties and5377authorities of the USD(I&S) over the DISE--as well as the financial5378resources and personnel talent within the DISE--are effectively matched5379to the Secretary of Defense's national security priorities in5380accordance with the Interim National Defense Strategy Guidance. If5381confirmed, I commit to making that assessment and will return to the5382Committee if I determine additional or revised authorities are5383necessary to successfully implement the National Defense Strategy.5384    Question. If confirmed, specifically what would you do to ensure5385that your tenure as USD(I&S) fulfills the fundamental requirement for5386civilian control of the Armed Forces embedded in the U.S. Constitution5387and other laws?5388    Answer. I am committed to upholding the fundamental requirement in5389the U.S. Constitution and other laws for civilian control of the Armed5390Forces, a key principle of American governance and enabler for our5391success as a Nation. This includes executing my responsibilities and5392duties established by law and policy to the President, Secretary of5393Defense, and to the U.S. Congress, and holding those who I manage and5394oversee accountable for the same.5395    Question. How do you view the relationship and division of5396responsibilities between the Office of the Under Secretary of Defense5397for Intelligence and Security (OUSD(I&S)) and the Office of the5398Director of National Intelligence (ODNI)?5399    Answer. The partnership between Office of the Under Secretary of5400Defense for Intelligence and Security (OUSD(I&S)) and Office of the5401Director of National Intelligence (ODNI) is essential to the success of5402the DISE. The OUSD(I&S) works closely with the ODNI to effectively5403integrate intelligence in support of U.S. national security interests.5404Through the effective partnership and integration between OUSD(I&S) and5405ODNI, the Intelligence Community delivers coordinated intelligence to5406policymakers and warfighters on crucial threats to our national5407security. If confirmed, I will seek to continue to strengthen the5408partnership between OUSD(I&S) and ODNI to maximize effects and return5409on investment of our combined efforts.5410    I am also aware that the USD(I&S) is dual-hatted as the Director of5411Defense Intelligence within the ODNI, and I believe that formal5412relationship offers great opportunities for enhancing our effective5413collaboration.5414    Last, as a principal member of the Suitability and Security5415Clearance Performance Accountability Council (PAC), the USD(I&S) works5416with the DNI, who is the Security Executive Agent and a principal5417member of the PAC.5418    What is your understanding of the relationship and division of5419responsibilities between the OUSD(I&S) and the Office of the Under5420Secretary of Defense for Policy (OUSD(P)), particularly as regards5421policy and programs for information operations, including military5422deception and operations security (OPSEC)?5423    Answer. My understanding is that the Under Secretary of Defense for5424Policy (USD(P)) is the Principal Staff Assistant for oversight of5425Information Operations (IO), and that the USD(I&S) is the Program5426Management Lead for DOD deception activities and operations security.5427In coordination with the USD(P), the USD(I&S) develops and oversees5428implementation of DOD policy, programs, and guidance for military5429deception and operations security; the coordination and deconfliction5430of DOD IO and intelligence activities; and develops and oversees the5431implementation of policy for intelligence support to IO. If confirmed,5432I will prioritize ensuring the Department has all available tools to5433effectively compete along the full continuum of conflict. A strong5434partnership between OUSD(I&S) and OUSD(P) is critical in the5435development and effectiveness of DOD activities to counter adversary5436activities in the ``gray zone'', which will enable our ability to deter5437adversaries short of armed conflict and re-establish deterrence.5438    Question. In your view, what would be the appropriate relationship5439between the USD(I&S) and the Chairman of the Joint Chiefs of Staff in5440regard to providing operational intelligence, counterintelligence, and5441security support to the warfighter?5442    Answer. I understand that the USD(I&S) is responsible for5443supporting the Secretary of Defense in discharging his intelligence and5444security responsibilities and authorities under Title 10 and Title 505445of the United States Code. This includes exercising authority,5446direction, and control on behalf of the Secretary of Defense over5447certain defense intelligence components of the Department of Defense5448and working closely with the Joint Staff, Combatant Commands, Service5449Components, and the ODNI to develop effective policy, plans, programs,5450and priorities. The optimal relationship between OUSD(I&S) and the5451Chairman of the Joint Chiefs of Staff is mutual support and5452consultation to ensure the defense intelligence enterprise (DIE)5453provides the warfighters with the best intelligence possible, to5454conduct their planning and operations and to provide the Secretary of5455Defense with the best defense intelligence and military advice.5456    Question. How are responsibilities for the oversight of the5457activities and programs of special operations forces delineated between5458the OUSD(I&S) and the Assistant Secretary of Defense for Special5459Operations and Low Intensity Conflict (ASD(SOLIC))?5460    Answer. I understand that USD(I&S), the Assistant Secretary of5461Defense for Special Operations and Low-Intensity Conflict (ASD(SO/5462LIC)), and the DOD Senior Intelligence Oversight Official (SIOO) acting5463together are the primary oversight officials for all U.S. Special5464Operations Forces intelligence and intelligence-related activities and5465programs. A strong partnership between OUSD(I&S) and ASD(SO/LIC) is5466critical in the development and effectiveness of many DOD activities in5467the ``gray zone,'' which will enable DOD's ability to deter adversaries5468short of armed conflict and reestablish deterrence. I also intend to5469work closely with the SIOO who I understand provides independent5470oversight within the Department of intelligence and intelligence-5471related activities.'' If confirmed, I will continue this close5472partnership to ensure that the United States is best postured to5473maximize effects. In doing so, I will ensure defense intelligence5474activities adhere to appropriate coordination processes within the5475Office of the Secretary of Defense.5476    Question. How do you view the relationship and division of5477responsibilities between OUSD(I&S) and the Office of the Under5478Secretary of Defense for Acquisition & Sustainment (OUSD(A&S)) in5479regard to both unclassified and classified contract efforts?5480    Answer. I understand the relationship between OUSD(I&S) and the5481Office of the Under Secretary of Defense for Acquisition & Sustainment5482(OUSD(A&S)) is one of cooperation and collaboration. I am aware of5483existing important efforts between both offices, to include an5484examination of DOD oversight of classified contracting, getting the5485National Background Investigation Services program back on track, and5486partnering to protect the National Security Innovation Base and Defense5487Industrial Base from adversary compromise. If confirmed, I look forward5488to learning more about these efforts and making my own assessment of5489their progress.5490    Also if confirmed, a priority of mine will be to better enable5491intelligence to inform Department investments, effectively matching5492capabilities with threats, along the entire acquisition life cycle. I5493will work closely with the USD(A&S) to best integrate intelligence5494efforts to effectively support decisionmakers amidst a rapidly evolving5495technological and threat environment.5496    Question. How do you view the relationship and division of5497responsibilities between the OUSD(I&S) and the DOD Chief Information5498Officer, particularly with respect to the cybersecurity mission;5499developing interoperability requirements applicable to information5500systems architectures for processing intelligence and5501counterintelligence information; and the certification of intelligence5502information systems?5503    Answer. I view the relationship between the OUSD(I&S) and the5504Department of Defense Chief Information Officer (DOD CIO) as one5505predicated on collaboration and partnership to align, secure, and5506modernize information security policies and DOD's information system5507architectures to support our warfighters. I understand that the DOD CIO5508advises the Secretary of Defense on information technology, including5509National Security Systems and defense business systems, cybersecurity,5510and develops DOD strategy and policy for all DOD information5511technology. The partnership between OUSD(I&S) and DOD CIO is imperative5512for continuing cybersecurity efforts, such as implementing Zero Trust5513on all three DOD network fabrics to mitigate nefarious actors including5514insider threat.5515    If confirmed, I will work with the DOD CIO to advance the5516department's mission by ensuring an integrated, intelligence, and5517counterintelligence informed management of IT and network security that5518addresses the evolving cybersecurity threat.5519    Question. What is your understanding of the relationship and5520division of responsibilities between the OUSD(I&S) and the Under5521Secretary of Defense for Personnel and Readiness (USD(P&R)) for the5522Defense Civilian Intelligence Personnel System (DCIPS)? For the5523identification of DOD language capability requirements?5524    Answer. I understand that the OUSD(I&S) establishes policy for the5525Defense Civilian Intelligence Personnel System (DCIPS) in partnership5526with the Office of the Under Secretary of Defense for Personnel and5527Readiness (OUSD(P&R)). This is a critical relationship in support of5528the Secretary of Defense's assessment of the shape and size of the5529entire DOD workforce alignment to DOD and U.S. national security5530priorities. I also understand that OUSD(P&R) coordinates with OUSD(I&S)5531and the Intelligence Community to identify and prioritize DOD foreign5532language capability requirements. If confirmed, I will make it a5533priority to examine the relationship between OUSD(I&S) and OUSD(P&R),5534to include the process for identifying DOD language capability5535requirements.5536    Question. How do you view the relationship and division of5537responsibilities between the OUSD(I&S) and the heads of the5538Intelligence Components of the Military Departments?5539    Answer. I understand that the OUSD(I&S) staff works closely with5540the heads of the intelligence and counterintelligence components of the5541Military Departments. I understand that the USD(I&S) provides input to5542the Secretaries of the Military Departments on the performance of the5543senior intelligence officer within each Military Department.5544    The USD(I&S) is the Principal Staff Assistant to the Secretary of5545Defense with authority delegated from the Secretary of Defense to5546establish policy for DOD intelligence, counterintelligence, security,5547sensitive activities, and other intelligence-related matters. The5548Directors for Defense Intelligence within the OUSD(I&S) have specific5549programmatic responsibilities and support the USD(I&S) in carrying out5550his assigned responsibilities and exercising the authorities delegated5551to the USD(I&S) by the Secretary of Defense.5552    The Secretaries of the Military Departments exercise authority,5553direction, and control over all components within their respective5554Departments. The heads of the intelligence and counterintelligence5555components within the Military Departments are under the authority,5556direction, and control of the Secretary of the Military Department, and5557subject to the policy oversight of the USD(I&S).5558    Question. What do you perceive to be the role of the OUSD(I&S) with5559regard to the Reserve Component intelligence elements of Military5560Services?5561    Answer. I understand that DOD Directive 5143.01 outlines the5562responsibilities and functions, relationships, and authorities of the5563USD(I&S). In accordance with this Directive, OUSD(I&S) assists the5564USD(I&S) to develop and provide policy guidance, resource advocacy, and5565oversight for the integration of Reserve Component intelligence5566elements, and ensures the Department effectively employs and resources5567Reserve Component intelligence elements to best support the National5568Defense Strategy. The programmatic role of OUSD(I&S) is the same with5569respect to the Active and Reserve Components of the Military Services.5570Like the Active Components, the Reserve Components' intelligence5571elements are under the authority, direction, and control of the5572Secretary of the relevant Military Department in which they are5573located, and subject to the policy oversight of the OUSD(I&S).5574    Question. What is your understanding of the USD(I&S)'s5575responsibility and authority for the management and oversight of5576Military Intelligence Program (MIP) and National Intelligence Program5577(NIP) funding? How do the processes employed by the USD(I&S) in the5578execution of these responsibilities differ from the Planning,5579Programming, Budgeting, and Execution (PPBE) process applicable to all5580other DOD organizations and funding?5581    Answer. My understanding is that USD(I&S) executes the Secretary's5582statutory responsibilities regarding the budgets of the DOD components5583that comprise the Intelligence Community (IC), and specifically5584ensuring the budgets of DOD IC elements are adequate to satisfy the5585overall intelligence needs of the Department. Further, as the MIP5586Executive Agent, the USD(I&S) is responsible for the management and5587oversight of the Military Intelligence Program (MIP). The USD(I&S)5588executes the functions for the NIP of the Department, as delegated by5589the Secretary of Defense, and as the Director of Defense Intelligence5590for ODNI, has visibility into the NIP through participation in the ODNI5591PPBE decision forums. Additionally, I understand the DNI and the5592USD(I&S) jointly issue intelligence programming guidance to closely5593synchronize NIP and MIP-funded programs to ensure the Department's5594priorities are communicated to the IC. If confirmed, I will work5595closely with the ODNI in ensuring DOD intelligence requirements are5596effectively supported within the NIP budget.5597    With respect to the DOD PPBE process, it is my understanding that5598the USD(I&S) is a full participant in the Department's PPBE process and5599that military intelligence requirements compete with the other DOD5600requirements.5601    Question. If confirmed, specifically what actions would you take to5602develop and sustain an open, transparent, and productive relationship5603between the Senate Armed Services Committee and the OUSD(I&S) and the5604Defense Agencies under the authority, direction, and control of the5605USD(I&S)?5606    Answer. I believe that collaborative congressional oversight5607provides an invaluable perspective on DOD activities that informs5608better decisions within both branches of government, ultimately making5609DOD more effective in achieving our common purpose of strengthening our5610national defense. If confirmed, I intend to maintain a routine,5611continuous, and transparent dialog with the defense oversight5612committees to discuss the Department's activities that are subject to5613their oversight, including defense intelligence, counterintelligence,5614security, sensitive activities, and other intelligence-related5615activities. I am committed to maintaining open lines of communication5616with Congress to ensure accurate and consistent information is shared5617from the OUSD(I&S) and the defense agencies under USD(I&S) authority.5618Through this approach, I will seek to facilitate effective oversight5619and build mutual trust between DOD and Congress, enabling DOD to obtain5620legislative authorities and resources necessary for mission success.5621    If confirmed, will you commit to ensure that this Committee is5622provided with the notifications required under law, and that any such5623notification is accurate, complete, and timely?5624    Answer. I am committed to keeping Congress fully and currently5625informed involving activities that fall under the USD(I&S)'s5626responsibility under DOD Directive 5143.01, including fulfilling the5627notification requirements in accordance with 10 U.S.C. 2723. If5628confirmed, I will ensure such notifications are accurate, complete, and5629timely.5630                         conflicts of interest5631    Question. Federal ethics laws, to include 18 U.S.C. Sec. 208,5632prohibit government employees from participating in matters where they,5633or certain family members or organizations with which they have certain5634relationships, have a financial interest.5635    Do you agree, without qualification, if confirmed, to disclose any5636potential conflicts of interest, including investments, business ties,5637family relationships, or other connections that could be perceived as5638influencing your decisionmaking?5639    Answer. I agree to comply with all conflicts of interest disclosure5640requirements set forth in the Ethics in Government Act and implementing5641regulations.5642    Question. Do you agree, without qualification, if confirmed, that5643if a conflict of interest arises, you will recuse yourself from5644participating in any decisions regarding that specific matter?5645    Answer. I agree to comply with all recusal requirements under 185646U.S.C. Sec.  208 and implementing regulations.5647    Question. Do you commit, without qualification, if confirmed, to5648decisionmaking on the merits and exclusively in the public interest,5649without regard to private gain or personal benefit?5650    Answer. I commit to deciding matters on the merits based on the5651public interest, without regard to any private gain or personal benefit5652                    major challenges and priorities5653    Question. What do you consider to be the most significant5654challenges you would face if confirmed as the USD(I&S) and what5655specific actions would you take to address each of these challenges?5656    Answer. The most significant challenge will be ensuring the DISE is5657most effectively supporting the Secretary of Defense's priorities:5658restoring a warrior ethos, rebuilding our military, and reestablishing5659deterrence in support of our national defense in a rapidly changing5660environment.5661    Effective management of the DISE is essential, and we must align5662efforts to maximize effects downrange and the return on our investment.5663This includes ensuring we have the right technology and organizational5664structure to enable our personnel--some of America's best--to increase5665their impact in today's operational environment, and to position the5666Enterprise for the rapidly changing landscape of the future. If5667confirmed, I would ensure the Enterprise has the culture, business best5668practices, and processes necessary to be agile, while remaining laser5669focused on the mission. Adapting the DISE at the speed of relevance5670will be difficult, but essential. From my perspective, technology5671advancements in ubiquitous sensing, space control, and unmanned systems5672at scale are examples of the challenges we must adapt to.5673    We must better enable intelligence to inform Department5674investments, effectively matching capabilities with threats. With5675program costs incredibly high--and the cost of misallocation on the5676modern battlefield even higher--the premium on intelligence effectively5677informing the entire acquisition life cycle is at an all-time high. I5678believe the speed of the technology will require increased focus5679earlier in the development cycle, requiring an increased focus on5680scientific & technical intelligence.5681    Last, we must ensure the Department has all the tools required to5682most effectively compete along the full continuum of conflict. Our5683adversaries are increasingly conducting malign activity below a5684threshold that has traditionally triggered a military response.5685Enhancing DOD Irregular Warfare capabilities will allow us to provide5686leaders with risk-informed options to better compete short of armed5687conflict and re-establish deterrence. Similarly, I believe offensive5688cyber capabilities and an increased focus on Defense human intelligence5689are areas for opportunity. Finally, offensive counterintelligence5690efforts are essential in imposing a cost on our adversaries. These5691options may often carry additional risk; however, the DISE will strive5692to provide risk-informed options to the Secretary that support his and5693the President's national security objectives.5694                  expanding roles and responsibilities5695    Question. In 2003, Congress established the position of Under5696Secretary of Defense for Intelligence with the intent to improve5697coordination of the Department of Defense's intelligence and security5698efforts in the aftermath of the terrorist attacks of September 11,56992001. The roles and responsibilities of the Under Secretary have5700expanded significantly since the creation of the position, particularly5701in the areas of security and law enforcement.5702    What is your understanding of the evolution and growth of the roles5703and responsibilities of the OUSD(I&S) since its establishment?5704    Answer. I understand that the evolution of the roles and5705responsibilities of the OUSD(I&S) since its establishment in 2003 have5706been strategic and responsive to the evolution and growth of5707requirements to support the Secretary of Defense in executing his5708intelligence and security responsibilities and authorities under Title570910 and Title 50 of the United States Code. The growth largely is5710largely attributed to the evolution of important security functions and5711programs that enable the Department to more effectively compete across5712the spectrum of conflict, to include the assumption of oversight for5713the DOD implementation of Trusted Workforce 2.0 and the designation of5714the Under Secretary as the Secretary's Principal Staff Assistant for5715Law Enforcement. I see these and other roles as necessary to support5716the Secretary in the successful implementation of the Interim National5717Defense Strategic Guidance.5718    Question. If confirmed, how do you intend to balance the5719significant and varied responsibilities of the OUSD(I&S)?5720    Answer. I understand that the USD(I&S) is the Principal Staff5721Assistant and advisor to the Secretary of Defense with authority5722delegated from the Secretary of Defense to establish policy and provide5723oversight for DOD intelligence, counterintelligence, security,5724sensitive activities, other intelligence-related matters, and law5725enforcement. If confirmed, I will ensure that I fulfill all5726responsibilities in a manner that supports the Interim National Defense5727Strategic Guidance. I would identify and leverage the extraordinary5728expertise and talent across OUSD(I&S) and Defense Intelligence and5729Security Enterprise to successfully accomplish this objective.5730  supervision, and oversight of the defense intelligence and security5731                               enterprise5732    Question. The USD(I&S) is vested with responsibility for the5733overall direction and supervision of the Defense Intelligence and5734Security Enterprise in the execution of intelligence,5735counterintelligence, security, sensitive activities, and other5736intelligence-related matters across DOD. Subject to USD(I&S) oversight,5737responsibility for executing policies and programs in these domains5738vests primarily in the Military Departments and Services, elements of5739the Office of the Secretary of Defense, and the Defense Agencies.5740    What is your understanding of the role of the OUSD(I&S) in5741coordinating the activities of the Defense Intelligence and Security5742Enterprise?5743    Answer. I see intelligence and security as mutually reinforcing5744mission areas. The Department must understand the intentions,5745capabilities, and activities of strategic competitors and other5746adversaries. Similarly, the security apparatus must safeguard our5747personnel, information, capabilities, and infrastructure against these5748adversaries. I understand that OUSD(I&S) works across the Department5749with the Military Services and defense agencies to identify5750requirements and capabilities to meet DOD priorities. They work closely5751with the ODNI to ensure the national intelligence priorities take into5752account Departmental requirements. These efforts ensure Enterprise5753alignment with all national and Department-level strategies, guidance,5754direction, and relevant priorities. The USD(I&S) also executes the5755Military Intelligence Program (MIP) and participates in the ODNI5756specified National Intelligence Program (NIP) process to ensure5757resources are aligned against DOD priorities.5758                       national defense strategy5759    Question. What is your assessment of the current strategic5760environment, including your assessment of the critical and enduring5761threats to the national security of the United States and its allies5762and partners?5763    Answer. The United States faces one of the most dangerous strategic5764environments in our Nation's history, characterized by the5765vulnerability of the U.S. Homeland from years of unsecured borders,5766increasingly capable air and missile threats, and others; China's5767unprecedented military buildup and its intent to seize control of the5768Indo-Pacific; and a range of other persistent threats to the United5769States and its Allies and partners, including Russia, Iran, North5770Korea, and terrorists. In addition, growing cooperation between Russia,5771China, Iran, and North Korea must be monitored to safeguard our5772interests.5773    Question. How would you prioritize the efforts of the Defense5774Intelligence and Security Enterprise relative to the critical and5775enduring threats identified above?5776    Answer. If confirmed, I will ensure the DISE prioritizes5777intelligence support and effective security posture that is aligned to5778strategic priorities and the evolving threat environment. I will work5779across DOD and the Intelligence Community to prioritize capabilities5780that address critical and enduring threats while identifying and5781considering capability gaps and shortfalls throughout the Planning,5782Programming, Budgeting, and Execution process. In addition, I will5783partner closely with the Director of National Intelligence to align the5784Military Intelligence Program and National Intelligence Program to5785combine for greatest effect downrange and return on investment.5786    Question. In your view, what role(s) should the Defense5787Intelligence and Security Enterprise play in the implementation of the5788National Defense Strategy?5789    Answer. The DISE plays a vital role in implementation of an NDS5790promulgated by Secretary Hegseth. In support of the objectives of the5791next NDS, the DISE must support both warfighters and decisionmakers;5792provide decision advantage; reestablish deterrence; and safeguard5793personnel, information, operations, resources, technologies, and5794facilities against a wide range of threats and challenges. At the same5795time, the DISE must also maintain its ability to provide strategic5796warning globally.5797    Question. How would you assess the current readiness and5798capabilities of the Defense Intelligence and Security Enterprise to5799execute the NDS?5800    Answer. I believe the DISE is well-postured to support DOD's5801execution of the Department's strategic priorities. If confirmed, I5802will conduct my own assessment of the Enterprise's readiness and seek5803new and innovative ways to improve its ability to execute the next NDS5804promulgated by Secretary Hegseth.5805          strengthening alliances and attracting new partners5806    Question. Mutually beneficial alliances and partnerships are5807crucial to U.S. success in competition and conflict against a great5808power.5809    If confirmed as USD(I&S), what would be your priorities to5810strengthen and synchronize existing intelligence and5811counterintelligence relationships with foreign governments and5812international organizations as well as to foster new relationships?5813    Answer. My time in the Army Special Forces taught me the immense5814value of close partnerships with foreign partners. Strong international5815relationships and intelligence sharing during my military service5816resulting in increased mission success and decreased risk to force,5817while shedding light on the fidelity of strategy, formed the foundation5818for my appreciation of their value at the national level. U.S.5819intelligence sharing relationships in many cases provide outstanding5820return on investment as we each leverage our respective placement,5821access, and capabilities while economizing resources. Allies and5822partners can be force multipliers that enable DOD to effectively5823execute the Secretary's next National Defense Strategy if they approach5824the relationship as true partners, willing to contribute as able and5825appropriate, not simply be recipients of our intelligence and5826information. If confirmed, I commit to strengthening defense5827intelligence and counterintelligence relationships with Allies and5828partners, including ensuring we have the intelligence sharing5829relationships needed to execute the next National Security and National5830Defense Strategies. I also commit to working with the Under Secretary5831of Defense for Policy and ODNI to ensure synchronization of existing5832U.S. partnerships and the appropriate prioritization of outreach to new5833partners.5834    Question. If confirmed, what factors would you consider in5835rendering decisions on the disclosure and release of intelligence to5836foreign governments and international organizations, including in5837support of combatant commanders' expressed desire for better5838intelligence and intelligence sharing to counter foreign malign5839activities?5840    Answer. I understand that the National Disclosure Policy (NDP) sets5841forth the factors that must be considered prior to the disclosure of5842classified military information, including military intelligence, to5843appropriate foreign partners. I also understand that the USD(I&S) is5844responsible for issuing policy for the sharing of military5845intelligence. If confirmed, I will support the release of military5846intelligence and coordinate with the Director of National Intelligence5847to enable the release of national intelligence to Allies and partners5848to support combatant command requirements in accordance with the NDP5849when in support of the National Security and National Defense5850Strategies and aligned with United States policy.5851                   oversight of sensitive activities5852    Question. The Department of Defense defines sensitive activities as5853``operations, actions, activities, or programs that, if compromised,5854could have enduring adverse effects on U.S. foreign policy, DOD5855activities, or military operations or cause significant embarrassment5856to the U.S., its allies, or the DOD.''5857    What is the role of the USD(I&S) in providing oversight of DOD5858sensitive activities?5859    Answer. The USD(I&S) is the Principal Staff Assistant and advisor5860to the Secretary of Defense and Deputy Secretary of Defense regarding5861intelligence, counterintelligence, law enforcement, security, sensitive5862activities, tradecraft, and other intelligence-related matters.5863    The USD(I&S) establishes policy and provides oversight and5864direction for the coordination, assessment, reporting, and conduct of5865DOD intelligence and intelligence-related sensitive activities, the5866Defense Cover Program, special communications, technical collection5867support to intelligence activities, defense sensitive support, and the5868clandestine use of technology.5869    If confirmed, I would work closely with relevant defense and5870interagency stakeholders to ensure DOD sensitive activities are5871conducted consistent with law and DOD policy.5872    Question. If confirmed, what factors would you consider in5873assessing risks associated with proposed DOD sensitive activities?5874    Answer. I believe that if DOD is to provide the Secretary of5875Defense with all necessary options to effectively compete and deter5876adversaries short of armed conflict, DOD must be prepared to take5877greater risks in the conduct of the sensitive activities necessary to5878reestablish deterrence. However, I strongly believe that these risks5879must be informed risks. OUSD(I&S) should play a critical role in5880strengthening the oversight of DOD sensitive activities, providing the5881Secretary and other decisionmakers with a deeper understanding of the5882intelligence, the threat environment, potential impact assessments, and5883other critical information available to DOD's interagency and5884international partners. If confirmed, I will work with the team to look5885at these and other factors and determine the extent to which our5886current risk assessment methodologies are adequate for the current5887environment to provide the most valuable risk informed decisions.5888    Question. Do you believe the USD(I&S) has a responsibility to keep5889the congressional defense committees fully and currently informed of5890DOD sensitive activities? If so, how would you seek to fulfill that5891responsibility?5892    Answer. Yes, I believe that the USD(I&S) has this responsibility5893under law, policy, and precedent. If confirmed, I intend to maintain a5894routine, continuous, and transparent dialog with the congressional5895defense committees on all Defense Intelligence and Security Enterprise5896activities, to include DOD sensitive activities. I believe that5897collaborative congressional oversight provides an invaluable5898perspective on DOD activities that informs better decisions within both5899branches of government, ultimately making DOD more effective in5900achieving our common purpose of strengthening national defense.5901    defense department and the intelligence community collaboration5902    Question. Since September 11, 2001, collaboration--both analytical5903and operational--between the Department of Defense and the Intelligence5904Community has grown increasingly close. Seamless collaboration is vital5905to effective and rapid responses to non-traditional threats and5906bringing together the strengths of the full spectrum of defense and5907intelligence capabilities can generate more effective solutions to5908complex problems. However, absent effective management and oversight,5909such collaboration risks blurring distinct agency missions,5910authorities, and funding, as well as creating redundant lines of5911effort.5912    In your view, are there aspects of the current relationship between5913the Department and the Intelligence Community that should be re-5914examined or modified?5915    Answer. I am aware that the OUSD(I&S) works closely with both the5916Office of the Director of National Intelligence (ODNI) and the Central5917Intelligence Agency to ensure that the Intelligence Community (IC) is5918able to deliver both national and military intelligence support to5919policymakers and warfighters. OUSD(I&S) also helps to enable the rest5920of the DOD and the IC to appropriately coordinate and deconflict their5921intelligence and sensitive activities. If confirmed, I will seek to5922strengthen the relationship between OUSD(I&S) and the IC so that we can5923work together to enhance Defense Intelligence and Security Enterprise5924capabilities and enable DOD operations.5925                          economic competition5926    Question. Adversarial economic competition is increasingly an issue5927that DOD needs to factor into its planning process as it intersects5928with military and national security challenges. Adversaries like China5929are using economic competition as a gray zone tactic to out-maneuver5930the U.S. by operating in the interstitial spaces between traditional5931agencies ``lanes in the road'' and stove-piped authorities.5932Increasingly, geographic combatant commands are having to consider in5933their planning process and theater security cooperation plans how to5934combat adversarial economic competition techniques.5935    How is DOD postured from an intelligence perspective to understand5936and analyze the intersection of economic and national security to5937better prepare DOD to contribute to economic competition?5938    Answer. Economic security is national security--the U.S. military5939is only as powerful as the underlying strength of the U.S. industrial5940base. While the President and the Secretary have made clear the5941expectation that the Department aligns its resources to support the5942warfighter, DOD can play a significant role in coordinated operations5943across the economic and military domains to support national security5944objectives. I understand that DOD has pockets of excellence that5945contribute heavily to this mission space, but there is certainly room--5946and a requirement--for increasing depth in relevant areas of expertise5947to ensure DOD is optimally postured to leverage commercial, financial,5948economic, and military tools to reinforce the United States' military5949advantage. This includes an increased focus on China's efforts to gain5950an economic advantage against the United States and its Allies and5951partners as well as how their specific economic tradecraft is affecting5952our competition in order to inform leadership decisions.5953    Question. What expertise and capabilities does DOD have to support5954the collection and analytic needs for economic competition?5955    Answer. While I have not been fully briefed on current5956capabilities, I am generally aware that the Defense Intelligence5957Enterprise has expertise in several relevant fields, ranging from5958economics and political science to engineering and biosciences. If5959confirmed, I will seek to identify gaps in our expertise and5960capabilities in order to optimize the Enterprise against the economic5961competition problem set.5962    Question. How will you prioritize intelligence support for the5963geographic and functional combatant commands, as well as senior5964leadership in the Department, with regards to adversarial economic5965competition needs?5966    Answer. Given the complex and multidisciplinary nature of economic5967competition, I believe that it is critical that support provided to the5968combatant commands aligns with the vision and priorities of DOD senior5969leadership. That said, the President and the Secretary have made clear5970the expectation that the Department aligns its resources to support the5971warfighter. We must ensure we have modern structures that appropriately5972align to the threat, using obsolete organizational structures and5973outmoded approaches to address new types of threats will not work. If5974confirmed, I will work with the Defense Intelligence Enterprise (DIE)5975in collaboration with the Intelligence Community and the broader U.S.5976Government to ensure the DIE's support is appropriately distributed5977with--and aligned between--these key customers to maximize effects.5978joint requirements oversight council (jroc) and the joint capabilities5979              integration and development systems (jcids)5980    Question. Per section 181 of Title 10, U.S. Code, the JROC is5981vested with the responsibility to assess joint military capabilities;5982establish and approve joint performance requirements that ensure5983interoperability between military capabilities; and identify new joint5984military capabilities based on advances in technology and concepts of5985operation. The JCIDS process was established to address overlap and5986duplication in Military Services' programs by providing the information5987the JROC needs to identify the capabilities and associated operational5988performance requirements needed by the joint warfighter.5989    What is your understanding of the role of the JROC and JCIDS in5990identifying and establishing joint warfighter capability requirements5991in the domains of military intelligence, counterintelligence, and5992security?5993    Answer. I understand that military intelligence,5994counterintelligence, and security requirements generated from DOD5995Components, including the combatant commands, are accounted for among5996the other Joint Capability Areas in the Joint Requirements Oversight5997Council's (JROC) subordinate Functional Capabilities Boards (FCB).5998These FCBs process ``bottom up'' deliberate and urgent requirements and5999provide ``top down'' portfolio reviews that evaluate specific6000enterprise capability areas. The Joint Capabilities Integration and6001Development Systems (JCIDS) process is also informed by a yearly JROC-6002led Capability Gap Assessment that validates and prioritizes Combatant6003Command capability gaps expressed in their Integrated Priority Lists.6004    The USD(I&S), as a statutory advisor to the JROC and its6005subordinate boards, provides advice that supports JCIDS throughout all6006stages of requirements generation and validation processes and plays a6007central role in bridging DOD and IC requirements by directly6008facilitating the common gatekeeping function between the Joint JCIDS6009and the Intelligence Community Capability Requirements Process.6010    Question. What is your understanding of the role of the defense6011intelligence enterprise to provide support and insight in the process6012of informing requirements for the broader acquisition system,6013especially related to understanding threat systems and illuminating6014supply chain issues? Are there sufficient people and resources to6015support acquisition intelligence for the Department?6016    Answer. I have real concerns about the ability of the existing DOD6017acquisition integration structure with the intelligence enterprise to6018effectively match the speed of the technology cycle, the increasing6019scope of acquisitions challenges, and the criticality of the defense6020supply chain resiliency in the face of adversary threats. The Defense6021Intelligence and Security Enterprise (DISE) is a vital component of the6022acquisition process, providing intelligence throughout the requirements6023development and acquisition lifecycle on current and future adversary6024capabilities and threats to DOD supply chains. Ensuring that6025intelligence is incorporated throughout the requirements development6026and acquisition lifecycle is necessary to deliver effective,6027affordable, and resilient capabilities that are matched to the threat6028environment and free from adversary compromise. If confirmed, I will6029make it a priority to improve the incorporation of accurate6030intelligence into the full acquisition lifecycle, to include more6031robust integration at the earlier stages of the process, to better6032inform DOD investments.6033    Question. What is your understanding of the role of the USD(I&S) in6034identifying and establishing requirements for rapid or urgent6035operational needs, or other acquisition capabilities (like middle tier6036acquisitions) not tied to major acquisition programs?6037    Answer. I understand that, as part of statutory responsibilities to6038support JCIDS urgent and emergent operational needs processes, the6039USD(I&S) assists in validating requirements from an intelligence6040perspective, and further supports solution analysis by identifying6041emerging technologies and capabilities in the Defense Intelligence6042Enterprise or National Intelligence Community. When necessary, the6043USD(I&S) may also facilitate Military or National Intelligence Program6044funding to accelerate the fielding of a necessary and promising6045intelligence capability. The analysis performed by USD(I&S) for urgent6046needs is not limited to major acquisition programs, but may also6047include science, technology, research, and development capabilities6048that are of sufficient Technical Readiness Level to be eligible for6049consideration as a solution to a requirement. From my current6050perspective, I am concerned that intelligence inputs into the DOD6051acquisition process are inordinately focused on major acquisitions6052versus rapid acquisitions, and even then, intelligence inputs often6053arrive too late in the cycle to fully inform the first and most6054critical decisions on which programs to develop and purchase. If DOD6055leaders are to successfully make these hard choices, OUSD(I&S) must6056improve how the DISE delivers accurate and relevant intelligence to6057inform DOD's earliest acquisitions decisions, as well as the entire6058program lifecycle. If confirmed, I intend to leverage all DOD6059authorities available to accelerate these processes to act at the speed6060of operational need.6061                 intelligence support to the warfighter6062    Question. If confirmed, how would you balance the need for the6063combat support Defense intelligence agencies to provide intelligence6064support to the warfighter with the need to provide intelligence support6065to policymakers?6066    Answer. My understanding and belief are that balancing these needs6067is one of the OUSD(I&S)'s primary responsibilities. In today's6068environment of global and regional threats, most issues are relevant to6069both warfighting commands and policymakers. Where there remains6070tactical and operational differences, if confirmed, I would work to6071ensure the DISE continues to satisfy requirements for operationally--6072relevant intelligence that directly enable warfighter success, and I6073would work collaboratively across DOD and with interagency partners to6074inform policy and military decisionmaking by our national leaders.6075    Question. In your view, what opportunities exist across the6076Intelligence Community to improve intelligence support to the6077warfighter? If confirmed, what would you do to leverage these6078opportunities?6079    Answer. My experience both in uniform and serving on the National6080Security Council staff underpins my belief in the importance of and the6081continued opportunity to improve collaboration across the Intelligence6082Community to better support the warfighter.6083    If confirmed, I would engage early and often with the combatant6084commanders to improve my understanding of their needs, and I would6085frequently engage leaders within the national Intelligence Community to6086obtain support to meet those warfighter needs. I am particularly6087interested in applying greater attention to faster, more agile, and6088adaptive processing, exploitation, and dissemination of intelligence6089data to better support the warfighter and others that engage our6090adversaries at the tactical edge--especially as DOD warfighters6091increasingly rely on resilient and survivable sensors further removed6092from the battlefield to inform their tactical decisions.6093    Question. If confirmed, what steps would you take to ensure that6094the geographic combatant commands are adequately assessing and6095prioritizing their intelligence needs?6096    Answer. I understand that OUSD(I&S) conducts multiple engagements6097with the combatant commands to include regular meetings with all6098combatant command J2s on a variety of issues in order to maintain a6099current understanding of regional risks and intelligence priorities. If6100confirmed, I will promptly establish my own relationships with the6101Combatant Commanders and ensure that they're able to prioritize and6102receive the intelligence support they require.6103    Question. In your view, what are the shortfalls in providing the6104functional combatant commands and combat support agencies adequate6105intelligence support, and ensuring that their intelligence needs are6106prioritized?6107    Answer. As I am not yet in the position, I do not have a completely6108informed perspective on this matter. If confirmed, I would work to6109ensure that MIP budgets are adequate to satisfy the intelligence needs6110of the Combatant Commands, Combat Support Agencies, Defense Agencies,6111and Services. I would also strengthen relationships with the Joint6112Staff to assess capability gaps, prioritize needs, and ensure strategic6113alignment of MIP funding against the highest intelligence needs of the6114warfighter in a manner that maximizes our return on our investments.6115Last, I would work with the DNI to closely synchronize NIP and MIP6116investments to ensure synergy in maximizing effects for the warfighter.6117    Question. In your view, how are intelligence operations carried out6118by special operations forces different from those carried out by the6119Intelligence Community?6120    Answer. I understand that Special Operations Forces (SOF)6121intelligence operations are focused on DOD requirements and priorities.6122These priorities may differ from those of the IC in that they are6123sometimes more tactical, focused on support to military operations or6124preparation of military operations. This intelligence enables a6125commander to make decisions that reduces risk to force and can create6126opportunities for further collection and exploitation. SOF missions6127require accurate, detailed, and timely intelligence that only6128integrated, multi-disciplinary collection and analysis can provide. It6129is essential that SOF intelligence operations are conducted pursuant to6130applicable law and policy, and subject to the requisite intelligence6131oversight rules, consistent with all DOD intelligence activities.6132                        innovative technologies6133    Question. What role do you see for AI in supporting national and6134economic security? If confirmed, what priority would you assign to6135ensuring that the Defense intelligence enterprise invests in AI6136applications, as well as training and business process reengineering to6137ensure effective use of such applications by the workforce?6138    Answer. We must thoughtfully consider how the current AI paradigm6139will impact national security and transform defense missions. The6140magnitude of its impact necessitates a prioritized focus. I see AI6141playing an increasingly larger role in improving the speed, accuracy,6142and effectiveness of the Defense Intelligence and Security Enterprise6143(DISE) support to national security. If confirmed, I will ensure that6144AI is effectively adopted to improve DISE capabilities, to include6145improving the processes, infrastructure, and skills necessary to6146accomplish this objective.6147    This transformation, however, is larger than just the use cases,6148and we must coordinate across government to leverage its potential in6149shaping our operating environment and driving future advantages.6150    Question. What role do you envision for AI in bringing greater6151efficiencies, timeliness, and accuracy to intelligence collection,6152analysis, dissemination, and military decisionmaking?6153    Answer. I believe that AI can automate large portions of the6154intelligence cycle to improve efficiency, timeliness, and accuracy. AI6155can also be used to create new ways of generating and responding to6156intelligence requirements. By adopting effective AI across the6157intelligence cycle, the Defense Intelligence and Security Enterprise6158can obtain and disseminate more relevant, accurate, and actionable6159intelligence into the hands of the warfighter at greater speed and6160volume, thereby enabling better and faster military decisionmaking.6161    Question. Are there other technology areas that you view as6162promising as they relate to the intelligence and security functions of6163OUSD(I&S)?6164    Answer. I believe that to accomplish the Secretary's objective of6165rebuilding our military capabilities, we must be flexible and6166aggressive in our approach to innovation. Critical to success will be6167closer integration between DOD and the commercial sector in order to6168identify and exploit new capabilities that can be leveraged against the6169US or be used to maintain an advantage against our adversaries at the6170speed of relevance.6171    Additionally, I believe there are a number of promising areas that,6172if confirmed, I intend to further explore with the OUSD(I&S) and6173Defense Intelligence and Security Enterprise to support regaining6174decision advantage in today's contested environment. Among these areas6175are: the exploitation of, and our defense against, exquisite6176intelligence collection technologies, such as ubiquitous sensing and6177space ISR; expanding virtual domain operations that disrupt adversary6178intelligence, the use of advanced computing and software to improve the6179efficiency of intelligence collection management; survivable cloud6180compute and data transport to the tactical edge; and modernizing and6181standardizing DOD information security capabilities, policies, and6182practices to reduce risks in the modern operating environment.6183    Question. Does DOD have sufficient numbers and expertise in the6184Intelligence Community to monitor and analyze technological advances in6185industry, academia and our adversaries research establishments that6186will impact DOD missions and national security?6187    Answer. As I am not yet in the position, I am unable to provide a6188comprehensive assessment to answer this question. However, from my6189outside perspective, I am concerned that the DOD may lack sufficient6190quantity and specialization of Science and Technology Intelligence6191(S&TI) personnel that are necessary to remain competitive with our6192adversaries. The sheer volume of information in open-source research6193alone presents challenges for the capability and capacity of human6194analysts, even when paired with Artificial Intelligence tools.6195Additionally, many emerging technologies require highly specialized6196expertise that are either in short supply or not currently available6197within the U.S. Government, which would potentially require massive6198changes to DOD authorities to fully address. Even with improvements,6199DOD will increasingly be reliant on outside expertise for cutting edge6200technology, particularly in niche fields such as quantum computing,6201synthetic biology, and advanced materials. I do not believe that we can6202rely on traditional organizational structures and approaches to solve6203these new challenges DOD must effectively leverage commercial sector6204innovation to help us close these gaps. If confirmed, I will work with6205the USD(R&E), ODNI, the private sector, and others to develop options6206to ensure that the DISE has access to the expertise needed to stay6207ahead of adversary technological advancements.6208    Question. In your view, what areas of emerging technology should we6209be prioritizing collection and analysis to better prepare DOD for6210future conflicts?6211    Answer. As I am not yet in the position and briefed on classified6212information, if confirmed, I will conduct a full assessment on which6213emerging technologies we must improve collection and analysis against.6214From my perspective as an outside observer, however, there are several6215areas that I believe merit particular attention. Artificial6216Intelligence and Machine Learning technologies, such as those deployed6217in the National Geospatial-Intelligence Agency's MAVEN program, are6218transforming sense-making and decisionmaking, and we must keep a close6219watch on adversary developments in the AI/ML space. We must also6220understand how our adversaries seek to develop and deploy autonomous6221systems, enabling our own capabilities while denying those of the6222adversary.6223    Additionally, quantum technologies are beginning to revolutionize6224cryptography. The ability to understand the progress of adversaries in6225this field and developing countermeasures will be crucial to our6226national security.6227    Finally, I believe space-based technologies, including space-based6228surveillance, satellite communications, and space control, are areas6229where we may need to prioritize collection and analysis. Space is a6230contested domain, and our mission is to preserve the U.S. advantage.6231           counterintelligence, law enforcement, and security6232    Question. What is your assessment of current and anticipated6233counterintelligence threats to DOD? Which threats do you assess to be6234the most concerning and why?6235    Answer. As I am not yet in the position and briefed on classified6236information, if confirmed, I will seek to understand the6237counterintelligence threat environment at the classified level in order6238to develop informed recommendations to counter threats to our6239intelligence advantage.6240    I am aware that the advent of ubiquitous sensing, artificial6241intelligence-powered exploitation of big data, and similar6242technological advancements may make it increasingly challenging for6243U.S. intelligence to operate with the same effectiveness and agility6244against our adversaries without the appropriate modernization of our6245efforts. Additionally, as DOD increasingly relies on space-based6246capabilities for intelligence, surveillance, and reconnaissance support6247to warfighters, protecting U.S. space superiority from foreign denial6248and deception grows more essential.6249    Question. What is your understanding of the roles and6250responsibilities of the OUSD(I&S) to provide strategic direction and6251oversight of implementation of counterintelligence policy, programs,6252guidance, and training to ensure they are responsive to validated DOD6253and national counterintelligence priorities? What changes, if any, in6254these roles and responsibilities would you recommend, if confirmed?6255    Answer. I understand the USD(I&S) has broad responsibility for6256oversight of DOD counterintelligence (CI). Further, although I do not6257yet have access to classified information, I understand that the6258Department is implementing its DOD CI Strategy, ``Confronting Threats6259to America's Military Advantage, 2021-2031,'' and has recently6260completed a year-long, end-to-end review to identify CI capability6261requirements, gaps, and solutions to implement that strategy.6262    I also understand the USD(I&S) along with the Director of the6263Defense Intelligence Agency is a standing member of the National CI and6264Security Center's National CI Policy Board. In addition, DOD6265participates with the FBI in the National CI Task Force and local CI6266Task Forces under a formal memorandum of understanding. Through this6267and other forums the USD(I&S) provides policy, oversight, advocacy,6268guidance and direction to DOD CI activities conducted, oftentimes, in6269cooperation or in partnership with other Departments and Agencies6270across the U.S. Government.6271    One of my major priorities, if confirmed, is to assist the6272Secretary in reestablishing deterrence by presenting him with risk6273informed options to impose costs on our adversaries short of armed6274conflict. Among these options is a greater focus on6275counterintelligence, and in particular, offensive counterintelligence,6276to disrupt foreign intelligence services before they can act with6277malign intent against the United States.6278                 personnel security and insider threat6279    Question. The USD(I&S) is accountable for managing and overseeing6280DOD's insider threat, personnel security, security clearance process,6281and the National Industrial Security programs. DOD has experienced6282devastating attacks from insider threats--attacks that have led to the6283death and injury of DOD personnel, as well as to the loss of highly6284classified information critical to national security. Recent delays6285have exacerbated backlogs in processing security clearances and6286reinvestigations for DOD personnel.6287    Most of these very challenging new and enhanced requirements have6288been assigned to the Defense Counterintelligence and Security Agency6289(DCSA). What is your current assessment of the ability of DCSA to6290transform itself to meet these objectives?6291    Answer. I understand that after President Trump transferred the6292background investigation and security clearance function to DCSA in62932019, DCSA vetting services have proved essential to national-level6294efforts to modernize personnel vetting and uniformly execute the6295National Industrial Security Program. DCSA services establish the6296foundation for execution of various subsequent security requirements6297and procedures which enable the essential concept of security in-depth.6298Additionally, in accordance with section 847 of the National Defense6299Authorization Act of Fiscal Year 2020, DCSA has been charged to prepare6300to conduct assessments of Foreign Ownership, Control, and Influence6301(FOCI) not only for cleared defense contractors, but also all DOD6302contracts over $5 million-an effort that, if confirmed, I intend to6303assess closely to determine how best to support the FOCI mission in an6304effort to protect the Defense Industrial Base from compromise.6305Ultimately, to effectively and efficiently serve the DOD and other6306Federal agencies, I believe that DCSA requires cutting-edge technology,6307adaptable processes, the capacity to operate at scale, and-perhaps most6308significantly-the best talent available with the skills needed to6309pursue these objectives.6310    Although I do not yet have enough information to make a full6311assessment at this time, the criticality of these efforts and the State6312of our capabilities relative to the timing of these mandates is6313concerning. If confirmed, I look forward to working with DCSA to fully6314assess the State of play.6315    Question. There has been a backlog in processing security6316clearances that has been growing since 2023, after many years or steady6317progress in improving the security clearance process timelines. What is6318your understanding of the current issues causing the backlog and the6319status of efforts within DCSA to reduce that backlog?6320    Answer. I am dismayed at the continuing challenges to delivering6321timely security clearances, and if confirmed, it would be a top6322priority to avoid further delay in meeting the requirements of Trusted6323Workforce 2.0. Our national security depends on recruiting and6324retaining highly qualified individuals serving in critical positions6325across the Federal Government and industry, and delay in the security6326clearance process hinders our ability to fill these roles at the speed6327of mission requirements. People are our most important asset, but an6328inefficient and lengthy background investigation and security clearance6329process prevents the DOD from attracting and competing for top-tier6330talent. Every day a scientist, engineer, or analyst waits on their6331clearance to begin Federal work is 1 day closer to taking a job6332elsewhere--or never even applying to the U.S. Government at all.6333    If confirmed, I will fully engage with DCSA to understand the6334factors contributing to timeliness concerns and will hold them6335accountable for their performance. I commit to modernizing and6336accelerating the clearance process through rigorous oversight and6337dedication to business transformation, advanced technology, and data-6338driven solutions.6339    Question. Specifically, if confirmed, how would you ensure that6340DCSA is highly responsive to the needs of the USD(A&S) for vetting DOD6341contractors in responsibility determinations?6342    Answer. I understand that DCSA provides end-to-end vetting of6343contractor personnel and companies for eligibility to access classified6344information in accordance with regulatory requirements for the National6345Industrial Security Program. This vetting assesses alignment of6346eligibility decisions with national security interests. This is one6347piece of a security apparatus that must work in concert with and at the6348speed of the acquisitions decision-making process to enable6349uncompromised delivery of supplies and technologies to properly equip6350our warfighters.6351    If confirmed, I will ensure OUSD(I&S) prioritizes collaboration6352with OUSD(A&S) to optimize security in acquisitions, including vetting6353people and companies within a certain timeframe and under conditions6354that allow the Department to acquire critical supplies, services, and6355technologies at the speed of mission requirements.6356    Question. What is your understanding of the status of development,6357approval, and implementation of the Trusted Workforce 2.0 initiative?6358    Answer. I recognize that Trusted Workforce (TW) 2.0, originally6359launched in 2018 under President Trump, is a national-level reform6360effort aimed at improving overall efficacy of vetting for clearances6361and suitability. While I understand that TW 2.0 may have demonstrated6362some relative progress at times over the last few years, there clearly6363remains unacceptable challenges to full implementation of its objective6364    If confirmed, I will work with my ODNI, OPM, and OMB colleagues to6365evaluate and take appropriate action to ensure that DOD fulfills its TW63662.0 responsibilities. Furthermore, I commit to keeping DOD's6367interagency and private industry partners fully and regularly informed6368of DCSA's progress in implementing TW 2.0, and identifying to them--as6369well as the Congress--any indications of additional delays or cost6370overruns in meeting the performance and timeliness standards set for6371the vetting enterprise. Specifically, I will work to ensure Department6372leaders know the impact of failing to meet these standards, so efforts6373can be appropriately prioritized in support of Department objectives.6374    Question. What is your understanding of the status of development,6375approval, and implementation of continuous vetting initiative?6376    Answer. It is my understanding that continuous vetting (CV),6377including the adjudication of CV information, is a key element of6378Trusted Workforce 2.0. As DOD further implements CV, I believe its6379implementation must prioritize advanced technology, capacity, and cost-6380effectiveness. Without an effective and timely continuous vetting6381architecture, DOD will be unable to optimize its workforce in a secure6382manner, jeopardizing mission success.6383    If confirmed, I will push OUSD(I&S) and DCSA to incorporate modern6384technology, maximize efficiency, and continuously improve the ability6385to identify and assess risk to our Nation's trusted workforce.6386Specifically, I will work to ensure Department leaders know the impact6387of failing to meet these standards set for the vetting enterprise, so6388efforts can be appropriately prioritized in support of Department6389objectives.6390    Question. What is your understanding of the remaining challenges in6391achieving reciprocity of clearances and access to classified6392information across government components and their contractors?6393    Answer. I am aware of concerns about reciprocity between Federal6394components, particularly with IC agencies. My understanding is that6395reciprocity between DOD components has been significantly improved, but6396the delays in reciprocity that remain are generally related to6397differences between IC agencies in their individual enhanced6398eligibility requirements for access to especially sensitive6399information, such as polygraph requirements.6400    If confirmed, I will ensure DOD personnel vetting policies and6401processes are aligned to Trusted Workforce 2.0 initiatives and tracked6402through a performance management system to ensure effective and6403efficient transfer of trust and the mobility of the Federal workforce,6404as well as our contractors and others in private industry who are6405granted clearances.6406    Question. In your view, how should DCSA posture the Department to6407deter, detect, and mitigate insider threats before they harm national6408security?6409    Answer. Over the course of my military service, I learned time and6410again the importance of empowering leadership and accountability at all6411mission levels. I understand that USD(I&S) is responsible for policy6412and oversight of the Department's Insider Threat program, ensuring DOD6413components have the necessary guidance, resources, and capabilities to6414empower leaders at all levels to manage insider risk to readiness,6415resources, and national security information. I understand that DCSA's6416role in the Insider Threat program is to be a data and system provider,6417enabling information sharing and decentralized program implementation6418so DOD commanders at all levels effectively manage their own risks.6419    If confirmed, I will work with DCSA, the Military Departments, and6420other DOD components to ensure component and subordinate level insider6421threat program interoperability with enterprise data and systems.6422    Question. How would you characterize the threat posed by foreign6423nations to the integrity of the National Security Innovation Base?6424Which threats do you assess as most concerning, and why?6425    Answer. The threat posed by foreign nations to the integrity of the6426National Security Innovation Base is persistent and significant. While6427I am not currently briefed on classified information, from open-source6428reporting I appreciate that the National Security Innovation Base is6429being exploited in sustained attempts to erode U.S. technology6430superiority critical to maintaining a military advantage over6431adversaries and the economic well-being of U.S. industry. Threat actors6432increasingly seek to weaponize the open and collaborative nature of the6433strong partnerships and relationships DOD has cultivated with U.S.6434academic institutions. Additionally, foreign threats don't just include6435outright theft of information through espionage and other illicit6436means, but also rely on more subtle approaches such as foreign6437acquisition of critical nodes within the U.S. supply chain.6438    If confirmed, I look forward to further strengthening DOD efforts6439to protect the National Security Innovation Base--to include an6440emphasis on robust intelligence support to Foreign Ownership, Control,6441and Influence mitigation and support to the Committee on Foreign6442Investment in the United States--to thwart our adversaries while6443continuing to support the vital and enabling aspects of innovation. In6444addition to FOCI and CFIUS efforts, I believe a key component of this6445effort will be not only enhancing our defensive posture here at home6446but taking action to impose costs on adversaries and reestablish6447deterrence.6448    Question. How would you propose to improve the support provided by6449the DCSA, the DOD counterintelligence organizations, and the national6450Intelligence Community to better protect the National Security6451Innovation Base, and enhance the Department's innovation strategy,6452especially with respect to technology companies that are non-6453traditional DOD contractors?6454    Answer. The Defense Counterintelligence and Security Agency (DCSA)6455plays a vital role in safeguarding national security by conducting6456background investigations and granting security clearances for DOD6457personnel and contractors. DCSA also oversees the National Industrial6458Security Program (NISP), which protects classified information within6459the Defense Industrial Base.6460    Although the core security principles of the NISP remain valid for6461all companies and contractors, as I have seen from my own business6462experience, the NISP's administrative requirements lack the agility6463needed to facilitate effective acquisition decisions and ensure supply6464chain integrity in today's landscape, especially for classified6465programs. Furthermore, I am concerned that these regulations do not6466adequately address the needs of the National Security Innovation Base,6467a significant portion of which operates outside of the traditional NISP6468framework. It is these non-traditional DOD contractors that6469increasingly drive national security innovation, presenting DOD with6470the greatest opportunities for leap-ahead technologies, but meanwhile6471posing unique vulnerabilities to our adversaries.6472    Question. How is DCSA postured to better leverage artificial6473intelligence and other automation tools to improve due diligence6474vetting, as well as security clearance processes and suitability6475determinations?6476    Answer. I recognize the immense potential of artificial6477intelligence and machine learning to revolutionize personnel vetting6478and due diligence. Through automating routine tasks and analyzing vast6479datasets, I believe we could significantly improve the speed and6480accuracy of these vetting processes. If confirmed, I will prioritize6481development and adoption of these technologies across the DOD, working6482closely with DCSA to ensure responsible and effective implementation6483and return on investment.6484    Question. According to the ``Fork in the Road'' memo from the6485Office of Personnel Management, ``Employees will be subject to enhanced6486standards of suitability and conduct as we move forward,'' but no6487further guidance has been issued on what that means. What is your6488current understanding of the current definition for ``suitability''6489being used by DOD, the process for those suitability determinations,6490and how that might change?6491    Answer. I understand USD(P&R) is the Department's lead for6492suitability based on guidance issued by the Office of Personnel6493Management. If confirmed, I look forward to working with the USD(P&R)6494to ensure the appropriate intelligence and security inputs are6495incorporated into their guidance.6496                     collection & special programs6497    Question. In light of the rapidly evolving nature of the national6498security environment, to include significant advances by adversarial6499nations in the development and fielding of capabilities that could6500challenge DOD tradecraft, technologies, methodologies, and processes,6501what do you see as the most pressing challenges to DOD's ability to6502conduct technical and human intelligence collection activities?6503    Answer. Adversary investment in advanced technologies such as6504artificial intelligence, quantum computing, and encrypted6505communications, as well as the dispersion of sophisticated capabilities6506across the globe, have complicated the information environment and6507reduced our national security advantage. Additionally, the emergence of6508ubiquitous sensing and the increasing volume of commercially available6509data on individuals and their activity pose novel counterintelligence6510challenges to DOD human intelligence collection activities, operational6511security, force protection, and many other areas of potential6512vulnerability.6513    Meanwhile, our own foundational vulnerabilities such as fragmented6514infrastructure, limited interoperability, and outdated network6515architectures amplify the threat from these advanced capabilities.6516Therefore, we must invest in innovation to stay ahead of these advanced6517technologies while building a secure, efficient foundation to move our6518information from sensors to decisionmakers securely and faster than our6519adversaries.6520    If confirmed, I will work to smartly allocate and realign resources6521to close the seams that adversaries exploit, raising the barrier and6522cost of conducting intelligence against the U.S., and ensuring our6523intelligence enterprise can securely navigate an era defined by6524relentless digital exposure and ubiquitous technical surveillance. This6525will include DISE efforts to address the reality of global ubiquitous6526sensing, the proliferation of networked, correlated, and automated6527systems, and the algorithms that can exploit gathered information.6528    Question. If confirmed, how do you intend to approach these6529challenges to ensure that the DOD intelligence enterprise is postured6530to operate in an increasingly contested security and intelligence6531environment?6532    Answer. DOD operates within an increasingly contested security and6533intelligence environment. Embracing new technology and investing in6534innovative solutions is vital to the Department's ability to grasp6535collection opportunities in the physical and digital domains.6536    If confirmed, I will lead the continuous review of processes and6537policies to support warfighters and decisionmakers in this changing6538environment. This may require changes in how DOD personnel train and6539use tradecraft, technologies, and methodologies, as well as process6540adjustments for collection analysis. Aggressive efforts to ensure DOD6541is leveraging the best commercial technologies will remain essential,6542as will our ability to rapidly field technologies where required. As we6543adapt our efforts, we must ensure the DOD's intelligence collection6544activities are lawful and conducted in accordance with the United6545States Constitution.6546    Alignment across mission and technology needs, modernization of6547planning doctrine in this new landscape, and reducing barrier of entry6548for DOD elements and personnel to access best-in-class capabilities in6549a resource efficient manner is essential in 2025 and beyond.6550                         information operations6551    Question. What are your views on the roles, responsibilities, and6552preparedness of the Defense Intelligence and Security Enterprise to6553conduct operations in the information environment, as well as deter and6554defend against such operations by adversaries?6555    Answer. I believe that for DOD to compete effectively in the6556information environment, the Defense Intelligence and Security6557Enterprise must inform activities that shape the perceptions of6558specific foreign audiences to gain or maintain a competitive advantage.6559Our efforts to deter and defend against adversary information6560operations should be prioritized with appropriate resources and must6561include more robust coordination and collaboration across the6562Department, including with the Under Secretary of Defense for Policy as6563the Secretary of Defense's Principal Information Operations Advisor, as6564well as the interagency.6565    Question. In your view, how can the Defense Intelligence and6566Security Enterprise better support the requirements of the combatant6567commanders for intelligence to enable their information operations?6568    Answer. I believe that the Defense Intelligence and Security6569Enterprise (DISE) should enhance its ability to support Combatant6570Commanders by focusing on three key areas: understanding adversary6571goals, enabling maneuver in the information environment, and6572identifying proxies and influence networks. First, the DISE must6573improve its intelligence collection and analysis to fully understand6574adversary goals in the information space--what they seek to achieve,6575how they measure success, and where vulnerabilities exist. Second,6576intelligence must be aligned with warfighter requirements to facilitate6577maneuver in the information environment, ensuring that commanders can6578shape narratives, counter adversary information operations, and6579integrate influence activities into broader operational planning to6580support American objectives Finally, the DISE should increase its focus6581on tracking adversary use of proxies and influence mechanisms--whether6582state-sponsored media, cyber actors, or third-party enablers--to6583provide a clearer picture of the information battlespace. If confirmed,6584I look forward to assessing and improving the Enterprise's support to6585information operations in these areas.6586            imperative for independent intelligence analysis6587    Question. If confirmed, specifically what would you do to ensure6588that DOD intelligence analysts, including those seconded to offices6589that are not part of the defense intelligence structure, are6590independent and free of pressure from influence from their chain of6591command to reach a certain conclusion, including a conclusion that fits6592a particular policy preference?6593    Answer. I am deeply committed to ensuring that all defense6594intelligence assessments remain unbiased, objective, and free from6595political interference. An absolute focus on the mission and support of6596the warfighter demands it. The credibility of intelligence6597assessments--and the willingness of our leaders to accept and act on6598those assessments--is predicated on apolitical, non-partisan analytical6599judgments. We cannot support the warfighter or policymaker without the6600best thinking from all of our people in support of our national6601security.6602    If confirmed, I will work across the OUSD(I&S) staff and the6603Defense Intelligence Enterprise (DIE) to ensure that all DOD6604intelligence analysts adhere to Intelligence Community analytic6605standards promulgated in Intelligence Community Directive 203, which6606mandates that all-source intelligence analysis must be objective and6607independent of political considerations.6608                   the defense intelligence workforce6609    Question. The USD(I&S) exercises policy oversight of the Defense6610Civilian Intelligence Personnel System (DCIPS) to ensure that defense6611intelligence, counterintelligence, and security components are6612structured; manned; trained--including joint intelligence training,6613certification, education, and professional development; and equipped to6614execute their missions.6615    Is the DOD civilian intelligence workforce properly sized with the6616appropriate capabilities, in your view? Please explain your answer.6617    Answer. As I am not yet in the position, I have not yet had an6618opportunity to comprehensively assess the size or capabilities of the6619Defense Intelligence and Security Enterprise (DISE) workforce. I am6620aware that the Secretary has directed reductions within the civilian6621defense workforce to more effectively align with the Administration's6622national security priorities, and I fully support this critical effort.6623If confirmed, I will immediately review the work that has been done to6624date across the DISE workforce and provide recommendations for how to6625most effectively meet the requirements of the DISE in support of6626national security.6627                                 space6628    Question. If confirmed, what would be your approach to enhancing6629the interface and synchronization of space-based capabilities resident6630in the Intelligence Community with military space organizations?6631    Answer. If confirmed, I will work with the Assistant Secretary of6632Defense for Space Policy, the United States Space Force, the Office of6633the Director of National Intelligence, and DOD title 50 agencies to6634ensure roles, responsibilities, and requirements amongst the various6635stakeholder organizations are aligned and mutually support IC and6636military space-based intelligence, surveillance, reconnaissance (ISR)6637needs. I would also ensure that DOD and IC space architectures remain6638integrated to maximize ISR support to the Joint Force to achieve our6639national security objectives.6640    Question. How would you recommend deconflicting tasking6641requirements in the space warfighting domain across DOD with tasking6642requirements from Intelligence Community customers?6643    Answer. If confirmed, I would first work with the Office of the6644Under Secretary of Defense Policy, the Joint Staff, the Combatant6645Commanders, and the Military Departments to understand their gaps and6646concerns with existing tasking processes and procedures. I will then6647work alongside OUSD Policy to support the development of new processes,6648tools, and concepts of employment to assure Combatant Commanders and6649Warfighters access to the space-based intelligence, surveillance, and6650reconnaissance necessary to support military operational requirements.6651New architectures must be responsive to the warfighter.6652    Question. The Space Force has been assigned the mission of space-6653based ISR. To ensure the timely presentation of forces and effects to6654the combatant commander by the Space Force, Congress enacted into law6655section 1684 of National Defense Authorization Act for Fiscal Year 20246656(P.L. 118-31), further amended by section 1654 of the National Defense6657Authorization Act for Fiscal Year 2025 (P.L. 118-366) which stated6658that:6659    ``The Secretary of the Air Force shall be responsible for6660presenting space-based ground and airborne moving target indication6661systems to the combatant commands to accomplish missions assigned to6662such commands under the Unified Command Plan that--(1) are primarily or6663fully funded by the Department of Defense; and (2) provide near real-6664time, direct support to satisfy the operational requirements of such6665commands.''6666    If confirmed, will you adhere to this provision of law?6667    Answer. Yes, if confirmed, I would ensure that OUSD(I&S) and the6668Defense Intelligence Enterprise partner with the leads of the MTI6669Working Group established by the FY2024 NDAA to identify the most cost-6670effective delivery mechanisms to improve lethality.6671                 unidentified anomalous phenomena (uap)6672    Question. What is your understanding of the current congressional6673concerns regarding transparency and reporting on UAP issues with6674Congress?6675    Answer. I am aware of the tremendous public and congressional6676interest in understanding both historical and contemporary UAP6677observations. If confirmed, I am committed to enabling the Department6678of Defense, the Intelligence Community, and National Archives and6679Records Administration to declassify and share information related to6680UAP with the American public to the greatest extent possible, while6681also protecting sensitive sources and methods information to ensure6682that gaps potentially revealed by declassification of information to6683the public--and therefore to our adversaries--is a risk-informed6684decision. When UAP information is unable to be safely and responsibly6685declassified, I am committed to providing all such information, at all6686levels of classification, to the appropriate congressional committees6687of jurisdiction.6688    Question. What do you see as the Intelligence Communities' level of6689effort and focus on the UAP challenge?6690    Answer. I understand the Department enjoys strong support from the6691Intelligence Community (IC) and the whole of the Defense Intelligence6692and Security Enterprise for its UAP mission. In line with statute, AARO6693reports to both DOD and the Office of the Director of National6694Intelligence (ODNI) and regularly convenes a group of IC partners to6695share information and expertise relating to UAP. IC partners routinely6696support AARO in the analysis and resolution of UAP reports. If6697confirmed, I will ensure this strong partnership is sustained.6698    Question. The All-Domain Anomalous Resolution Office, or AARO, was6699established to be the central clearinghouse for reporting and analysis6700of UAP incidents.6701    Do you believe AARO is adequately staffed and resourced to carry6702out its mission? What areas do you believe AARO should be focusing on?6703    Answer. Yes. I understand that AARO is adequately staffed and6704resourced to meet its mission. I believe that AARO should focus on6705fully leveraging partnerships and capabilities across the U.S.6706Government to close gaps in domain awareness and minimize technological6707and intelligence surprise. If confirmed, I will continue to ensure AARO6708has the support it needs to succeed, and that its efforts--and that of6709the DISE--are complementary and synchronized with other DOD efforts to6710address Unmanned Vehicles (UXS) in an effective manner.6711    Question. How will you improve the integration of Intelligence6712Community technical collection assets, such as signals intelligence and6713measurement and signatures intelligence systems, into UAP reporting?6714    Answer. I understand that DOD enjoys strong support from the IC in6715this regard. AARO convenes multiple UAP Communities of Interest that6716engage IC partners to draw on their expertise, resources, and6717capabilities. If confirmed, I will ensure continued DOD collaboration6718with our IC partners to expand and improve technical collection6719relating to UAP detected in the air, sea, or space.6720                           sexual harassment6721    Question. In responding to the 2018 DOD Civilian Employee Workplace6722and Gender Relations survey, approximately 17.7 percent of female and67235.8 percent of male DOD employees indicated that they had experienced6724sexual harassment and/or gender discrimination by ``someone at work''6725in the 12 months prior to completing the survey.6726    If confirmed, what actions would you take were you to receive or6727otherwise become aware of a complaint of sexual harassment or6728discrimination from an employee of the OUSD(I&S)?6729    Answer. Every civilian employee and military member within the6730Defense Intelligence and Security Enterprise workforce is entitled to6731work in an environment free of harassment or discrimination of any6732type. If confirmed, I will ensure that leaders across the Defense6733Intelligence and Security Enterprise are acting to ensure that our6734workplace is free of harmful sexual or other harassment or6735discrimination and will take immediate action to correct and hold6736accountable those responsible for actions counter to law and policy.6737                           detainee treatment6738    Question. Do you support the standards for detainee treatment6739specified in the revised Army Field Manual on Interrogations, FM 2-674022.3, issued in September 2006, and in DOD Directive 2310.01E, The6741Department of Defense Detainee Program, dated August 19, 2014?6742    Answer. Yes, I support the standards for detainee treatment6743specified in Army Field Manual 2-22.3, Human Intelligence Collector6744Operations and DOD Directive 2310.01E, Department of Defense Detainee6745Program.6746    Question. Section 2441 of Title 18, U.S. Code, defines grave6747breaches of common Article 3 of the Geneva Conventions, including6748torture and cruel and inhuman treatment.6749    In your view, does section 2441 define these terms in a way that6750provides U.S. detainees in the custody of other nations, as well as6751foreign detainees in U.S. custody appropriate protections from abusive6752treatment?6753    Answer. Yes.6754                        whistleblower protection6755    Question. Section 1034 of Title 10, U.S. Code, prohibits taking or6756threatening to take an unfavorable personnel action against a member of6757the armed forces in retaliation for making a protected communication.6758Section 2302 of Title 5, U.S. Code, provides similar protections to6759Federal civilian employees. By definition, protected communications6760include communications to certain individuals and organizations outside6761of the chain of command, including the Congress.6762    If confirmed, what actions would you take to ensure that military6763and civilian members of the Defense Intelligence and Security6764Enterprise who report fraud, waste, and abuse, or gross mismanagement--6765including in classified programs--to appropriate authorities within or6766outside the chain of command--are protected from reprisal and6767retaliation, including from the very highest levels of DOD and the6768broader Intelligence Community?6769    Answer. If confirmed, I commit to ensuring protections are afforded6770to DISE employees who report fraud, waste, and abuse, or gross6771mismanagement, in a manner consistent with law, regulation, and policy.6772Additionally, I will ensure that personnel who pursue retaliatory6773actions upon protected personnel are addressed appropriately, as6774established by law, regulation, and policy.6775    Question. If confirmed, what role would you play in ensuring6776consistency in the application and interpretation of whistleblower6777protections across the Defense Intelligence and Security Enterprise?6778    Answer. If confirmed, I commit to ensuring DOD policy implementing6779such protections is applied consistently and uniformly in accordance6780with law.6781                        congressional oversight6782    Question. In order to exercise legislative and oversight6783responsibilities, it is important that this committee, its6784subcommittees, and other appropriate committees of Congress receive6785timely testimony, briefings, reports, records--including documents and6786electronic communications, and other information from the executive6787branch.6788    Do you agree, without qualification, if confirmed, and on request,6789to appear and testify before this committee, its subcommittees, and6790other appropriate committees of Congress? Please answer with a simple6791yes or no.6792    Answer. Yes.6793    Question. Do you agree, without qualification, if confirmed, to6794provide this committee, its subcommittees, other appropriate committees6795of Congress, and their respective staffs such witnesses and briefers,6796briefings, reports, records--including documents and electronic6797communications, and other information, as may be requested of you, and6798to do so in a timely manner? Please answer with a simple yes or no.6799    Answer. Yes.6800    Question. Do you agree, without qualification, if confirmed, to6801consult with this committee, its subcommittees, other appropriate6802committees of Congress, and their respective staffs, regarding your6803basis for any delay or denial in providing testimony, briefings,6804reports, records--including documents and electronic communications,6805and other information requested of you? Please answer with a simple yes6806or no.6807    Answer. Yes.6808    Question. Do you agree, without qualification, if confirmed, to6809keep this committee, its subcommittees, other appropriate committees of6810Congress, and their respective staffs apprised of new information that6811materially impacts the accuracy of testimony, briefings, reports,6812records--including documents and electronic communications, and other6813information you or your organization previously provided? Please answer6814with a simple yes or no.6815    Answer. Yes.6816    Question. Do you agree, without qualification, if confirmed, and on6817request, to provide this committee and its subcommittees with records6818and other information within their oversight jurisdiction, even absent6819a formal committee request? Please answer with a simple yes or no.6820    Answer. Yes.6821    Question. Do you agree, without qualification, if confirmed, to6822respond timely to letters to, and/or inquiries and other requests of6823you or your organization from individual Senators who are members of6824this Committee? Please answer with a simple yes or no.6825    Answer. Yes.6826    Question. Do you agree, without qualification, if confirmed, to6827ensure that you and other members of your organization protect from6828retaliation any military member, Federal employee, or contractor6829employee who testifies before, or communicates with this committee, its6830subcommittees, and any other appropriate committee of Congress? Please6831answer with a simple yes or no.6832    Answer. Yes.6833                                 ______68346835    [Questions for the record with answers supplied follow:]68366837                           Senator Tom Cotton6838 director of national intelligence and under secretary of defense for6839                 intelligence and security coordination6840    1. Senator Cotton. Mr. Hansell, the Under Secretary of Defense for6841Intelligence and Security Coordination (USD(I&S)) was dual-hatted as6842the Director of Defense Intelligence and principal advisor to the6843Director of National Intelligence (DNI) because Congress recognized the6844urgent need for a single proponent to ensure the broader national6845Intelligence Community meets critical defense requirements. Yet there6846are no documented processes or procedures for ensuring that6847collaboration; I judge the interaction between DNI and USD(I&S) to be6848wholly inadequate. Will you commit to improving this relationship and6849ensuring you are best advocating for defense intelligence needs?6850    Mr. Hansell. Subject to the direction of the Secretary of Defense,6851the USD(I&S) accomplishes the Secretary's responsibilities pertaining6852to the National Intelligence Program as described in 50 U.S.C. Sec.68533038, in consultation with the DNI. To fulfill those responsibilities,6854close collaboration between the USD(I&S), DNI, and their respective6855offices is essential to ensure that the Intelligence Community is6856responsive to U.S. military and defense requirements. If confirmed, I6857will prioritize my role as the DNI's Director for Defense Intelligence.6858In doing so, I will engage regularly with the DNI to advocate for IC6859investments, capabilities, and activities to address DOD requirements6860in accordance with 50 U.S.C. Sec.  3038.6861               defense intelligence enterprise governance6862    2. Senator Cotton. Mr. Hansell, USD(I&S) should be the central6863advocate for DOD's intelligence priorities. Yet despite possessing6864authority, direction, and control over agencies like the Defense6865Intelligence Agency (DIA) and National Geospatial-Intelligence Agency6866(NGA), USD(I&S) is not viewed as that advocate, and each agency appears6867to act largely on its own accord. Will you commit to working with me to6868improve USD(I&S)'s enterprise governance to ensure defense intelligence6869agencies are providing the intelligence our warfighters need?6870    Mr. Hansell. Yes. I take seriously the USD(I&S) responsibility in687110 U.S.C. Sec.  137 to perform such duties and exercise such powers as6872the Secretary of Defense may prescribe in the area of intelligence,6873including to exercise the Secretary of Defense's authority, direction,6874and control over DIA, NGA, NSA, NRO, and the Defense6875Counterintelligence and Security Agency (DCSA). If confirmed, I commit6876to taking an active oversight and advocacy role for the enterprise6877while I explore, in coordination with the ODNI and with transparency to6878Congress, improvements to the USD(I&S) governance of the Defense6879Intelligence and Security Enterprise to ensure it is effectively6880collectively supporting warfighter's needs68816882    3. Senator Cotton. Mr. Hansell, do you have any ideas right now on6883what steps you need to take to improve USD(I&S) operations?6884    Mr. Hansell. I am committed to improving how OUSD(I&S) operates to6885make the best use of taxpayer dollars and to ensure that its oversight6886of the Defense Intelligence and Security Enterprise is focused on the6887Secretary of Defense's priorities. If confirmed, I intend to undertake6888a review of OUSD(I&S)'s mission and organization to align the office's6889resources, manning, and activities with its mission critical functions.6890I will also seek to accelerate the adoption of advanced technology to6891improve OUSD(I&S) workflows, enhance the Office's capability to6892exercise effective governance and oversight of the Enterprise, and6893advance critical intelligence and security programs.68946895    4. Senator Cotton. Mr. Hansell, USD(I&S)'s charter is out of date,6896duplicative, and does not accurately reflect its enterprise governance6897roles. An updated charter is critical to properly aligning USD(I&S)'s6898roles and missions. Will you commit to understanding where the latest6899draft of the charter is in the staffing process and to ensuring it is6900updated in a timely manner?6901    Mr. Hansell. I understand that the DOD Performance Improvement6902Officer/Director of Administration and Management (PIO/DA&M) is6903responsible for overseeing the DOD issuances program and for6904establishing the DOD policy for developing, processing, coordinating,6905approving, and publishing issuances, including DOD Directive 5143.01,6906the USD(I&S) charter. I understand that DOD is currently in the process6907of updating the Charter. If confirmed, I commit to making a full6908assessment and working with the DOD PIO/DA&M to complete approval and6909delivery of the USD(I&S) Charter.6910                         classified facilities6911    5. Senator Cotton. Mr. Hansell, Arkansas is home to a growing and6912diverse defense industrial base, including small businesses and6913academic institutions eager to support national security missions.6914However, limited access to classified facilities remains a significant6915barrier to entry. The program for shared commercial classified spaces6916authorized in last year's National Defense Authorization Act (NDAA) has6917generated strong national interest, including from companies in6918Arkansas. If confirmed, how will you ensure that this program is6919implemented in a way that supports regional defense ecosystems like6920Arkansas and helps integrate new entrants into the national security6921enterprise?6922    Mr. Hansell. During my confirmation hearing, I shared that6923overclassification impedes innovation and competition. Similarly, I'm6924aware how challenges with accessing secure spaces and equipment needed6925to work on classified contracts in a timely and cost-efficient manner6926delay delivery of essential supplies, services, and technologies,6927ultimately reducing capability and competition. In order to increase6928competition and capture the best capabilities for the Department we6929must have policies which reduce the red tape and barriers to entry that6930disproportionally affect non-traditional defense players, such as the6931small businesses and academic institutions mentioned in Section 874,6932while securing the enterprise.6933    I am aware that OUSD(I&S) has put out a Request for Information6934(RFI) to industry to solicit input on commercial solutions responsive6935to the pilot program required by section 874 of the FY25 NDAA. If6936confirmed, I will make it a priority to implement this provision,6937consistent with the Secretary's priorities, while simultaneously6938strengthening our safeguards for protecting sensitive defense6939information. Receiving and incorporating feedback from industry to6940ensure policies are having the intended consequences should be a6941critical component of the implementation plan.6942                               __________6943            Questions Submitted by Senator M. Michael Rounds6944           machine-assisted analytic rapid-repository system6945    6. Senator Rounds. Mr. Hansell, we have been told for years that6946Defense Intelligence Agency's (DIA) main repository for all6947foundational military intelligence--a system known as MARS [Machine-6948Assisted Analytic Rapid-Repository System]--will transform the way the6949Intelligence Community approaches and generates foundational military6950intelligence. It has been 7 years since DIA began this effort, and6951close to a $1 billion has been spent on MARS, but the system has only6952recently achieved initial operational capability. I understand there6953has recently been a new solicitation for an additional $1 billion for6954MARS. If confirmed, will you look into the issue of how this program is6955being funded and developed, and investigate how we can avoid6956acquisition issues like this in the future?6957    Mr. Hansell. It is my understanding that MARS replaces the6958Modernized Integrated Data base (MIDB) to provide authoritative, all-6959source foundation military intelligence to the Joint Force, coalition6960partners, and key decisionmakers. The MARS program will support6961intelligence mission data, cyber, and space/counterspace mission areas6962to satisfy the U.S. military's increasing demand for information. MARS6963will also take advantage of artificial intelligence and lean automation6964technologies to enhance strategic indications and warning, improve6965operational intelligence, and support agile acquisition and modern6966system testing. If confirmed, I will review MARS to determine whether6967it meets the cost, schedule, and performance milestones set for the6968program to inform future DOD decisions. It is equally important that6969DOD use lessons learned from the development of the MARS program so as6970to avoid similar cost overruns, schedule delays, and mission impact in6971its future defense intelligence acquisitions.6972                      software acquisition pathway6973    7. Senator Rounds. Mr. Hansell, in his March 6, 2025, memo,6974Secretary of Defense Pete Hegseth directed all Department of Defense6975components to adopt the software acquisition pathway, also called SWP,6976as well as flexible contracting tools like commercial solutions6977openings, and he directed that the Department submit an implementation6978plan within 30 days. If confirmed, how will you make sure Intelligence6979& Security implements this guidance throughout and across the defense6980intelligence enterprise?6981    Mr. Hansell. It is my understanding that the SWP enables speed and6982agility while maintaining the necessary decision points to deliver6983innovative capabilities that are combat worthy in alignment with6984Secretary of Defense priorities. If confirmed, I will ensure the6985warfighter has the best available intelligence capabilities to complete6986their missions. I will further seek ways to modernize the Defense6987Intelligence and Security Enterprise's defense acquisition workforce to6988fully execute SWP and similarly innovative contracting tools where most6989valuable. As we pursue these acquisition reform efforts to unlock the6990full potential of American innovation and support our national defense,6991we must also ensure robust security measures to safeguard sensitive6992defense information are effectively integrated.6993                               __________6994              Questions Submitted by Senator Joni K. Ernst6995                   ubiquitous technical surveillance6996    8. Senator Ernst. Mr. Hansell, as you are aware of the threat of6997Ubiquitous Technical Surveillance (UTS), from your standpoint, are we6998executing a coordinated strategy to deal with such a threat?6999    Mr. Hansell. Ubiquitous Technical Surveillance (UTS) and Ubiquitous7000Data Collection (UDC) are two components of what I refer to as7001``Ubiquitous Sensing.'' I believe that the emerging operating7002environment presents both threats and opportunities for DOD. It is my7003understanding that U.S. adversaries and many non-State actors have7004proven particularly adept at leveraging Ubiquitous Sensing to imperil7005or even defeat legacy U.S. security practices. I understand the7006Department has developed and promulgated training and educational7007opportunities to those mission areas most impacted within intelligence,7008security, and sensitive activities--these must be expanded where it7009makes sense to inform the entire Joint Force. If confirmed, I will work7010with DOD and Intelligence Community partners to develop an adaptive7011strategic framework that addresses both the risks and opportunities7012posed by Ubiquitous Sensing and coordinate across the Department to7013inform our collective efforts accordingly.70147015    9. Senator Ernst. Mr. Hansell, in your opinion, who owns or should7016own that strategy?7017    Mr. Hansell. Ultimately, I see Ubiquitous Sensing as a challenge to7018the entire Joint Force, and even the Federal Government. DOD needs a7019strategy that drives the requirements process to develop and deliver7020improved capabilities, tactics, training, and procedures for the Joint7021Force to succeed in the Ubiquitous Sensing environment, both to protect7022our own forces, and to take advantage of opportunities against our7023adversaries. I believe it is incumbent on the Defense Intelligence and7024Security Enterprise to play a leading role in a DOD-wide strategy to7025address Ubiquitous Sensing, and if confirmed, I intend to contribute to7026any such effort.70277028    10. Senator Ernst. Mr. Hansell, what measures will you implement to7029conduct thorough digital risk assessments aimed at identifying and7030mitigating vulnerabilities exploited through UTS?7031    Mr. Hansell. If confirmed, integrated training and education will7032be a key component of my efforts to inform DOD components regarding the7033risk within the Ubiquitous Sensing environment. To accomplish this, I7034would work with the Joint Staff, military services, and combatant7035commands to prioritize programs and capabilities that require digital7036risk assessments and insights from Intelligence Community partners to7037mitigate threats and exploit opportunities. Furthermore, I believe it7038will be critical to expand our commercial and scientific partnerships7039if we are to keep pace with cutting-edge technology.70407041    11. Senator Ernst. Mr. Hansell, China has deployed one of the most7042sophisticated UTS ecosystems in the world, leveraging artificial7043intelligence (AI)-powered surveillance, mass data aggregation, and7044biometrics to monitor its citizens and foreign individuals operating in7045China and beyond. The Chinese Communist Party's (CCP) use of commercial7046technology for intelligence gathering extends to U.S. military7047personnel, business executives, and government officials traveling7048abroad. Given this reality, what immediate steps will you take to7049ensure the Department is proactively identifying and countering UTS7050threats posed by adversarial State actors like China?7051    Mr. Hansell. If confirmed, I would support appropriate training and7052awareness programs across the spectrum of the Defense Intelligence and7053Security Enterprise, as well as those DOD components conducting7054sensitive activities. As I am not yet briefed on classified7055information, I am unable to detail the immediate steps that DOD should7056take to defend against or exploit Ubiquitous Sensing. If confirmed, I7057look forward to getting all the information required for a fully7058informed approach that enables effective DISE efforts and informs DOD7059strategy on this important challenge.7060                      digital signature management7061    12. Senator Ernst. Mr. Hansell, the Chinese Government has7062developed an extensive system to monitor individuals' digital7063footprints, leveraging location data, app metadata, and online behavior7064to track both its own citizens and foreigners. Reports indicate that7065Beijing exploits personal devices to map military installations,7066intercept communications, and track patterns of life of U.S. personnel7067in strategic areas like the Indo-Pacific and Africa. Given these7068developments, how do you plan to improve training programs focused on7069digital signature management to ensure our warfighters, intelligence7070professionals, and diplomatic personnel can operate securely in7071environments saturated with technical surveillance?7072    Mr. Hansell. As I am not yet briefed on classified information, I7073am unable to detail the immediate steps DOD may take to improve7074training programs specific to digital signature management. However, if7075confirmed, I would empower, advocate, and promote appropriate training7076and awareness programs across the spectrum of the Defense Intelligence7077and Security Enterprise, as well as those DOD components conducting7078sensitive activities.7079                               __________7080                Questions Submitted by Senator Ted Budd7081                    counter-unmanned aerial systems7082    13. Senator Budd. Mr. Hansell, can you describe some the challenges7083that the Intelligence Community faces in countering drones on U.S.7084soil, and if confirmed, how you would act to improve the Department's7085posture to mitigate this threat?7086    Mr. Hansell. Protecting the Homeland from the threats of unmanned7087drones is a top priority for the DOD. My understanding is the OUSD(I&S)7088team works with partners across DOD, the Intelligence Community, and7089the Interagency to improve DOD's posture to mitigate these threats.7090    The commercial nature of drones offers our adversaries very7091capable, very affordable systems--as evidenced by their proliferation7092and success in the ongoing conflict in Ukraine--for both intelligence,7093surveillance, and reconnaissance and strike missions. I fear that the7094accelerating evolution of drone technology--particularly for commercial7095drones--is outpacing the development of countermeasures. The potential7096lack of attribution is an important component of this threat. I also7097believe that events involving unidentified drones operating within the7098United States highlight the need for the U.S. Government to have better7099means of rapidly characterizing unidentified drones in order to make an7100accurate attribution as to who is operating them.7101    If confirmed, I will foster DOD and Intelligence Community7102collaboration with law enforcement and civil aviation authorities to7103address these technology challenges. Furthermore, we must collectively7104review existing policy and authorities to ensure seams between Federal,7105State, and local agencies do not hinder effective, coordinated7106responses to counter drones within the United States.7107                        intelligence cooperation7108    14. Senator Budd. Mr. Hansell, can you articulate your vision for7109how title 10 and title 50 agencies should operate in the space and7110cyber domain?7111    Mr. Hansell. To support DOD's continued leadership in the space7112domain, I envision seamless operations between agencies to safely7113operate and de-orbit satellites. To achieve this vision, if confirmed,7114I would work to ensure Defense and Intelligence Community agencies have7115clearer understanding of roles and responsibilities, robust information7116sharing mechanisms, unified command structures, and a commitment to7117transparency and accountability. Additionally, it is vital to enhance7118our ability to operationally deconflict space activities, given the7119rapid acceleration and access to the space domain, including from7120commercial operators, other government agencies, our Allies and7121partners, and our adversaries. I will help ensure the closer7122coordination of defense and intelligence space activities to avoid7123ineffective duplication of effort, the potential for inadvertent7124interference, or operations that could needlessly imperil our space7125assets.7126    For the cyber domain, I believe it is essential that DOD deliver to7127the Secretary more options to compete with adversaries short of armed7128conflict. I envision working to ensure the Defense Intelligence and7129Security Enterprise components operating in cyberspace, in coordination7130with the ODNI and other Intelligence Community partners, have a clearer7131understanding of their roles and responsibilities, robustly share7132information, and act with transparency and accountability. The cyber7133domain is consistently evolving through expanded access and7134technological advancements, including from commercial operators, other7135government agencies, our Allies and partners, and our adversaries. If7136confirmed, I will work to ensure coordinated defense intelligence and7137security support to DOD cyber operations and activities to avoid7138ineffective duplicative efforts and, equally as important, inadvertent7139interference or operations that could jeopardize our most critical7140assets.7141                               __________7142             Questions Submitted by Senator Mazie K. Hirono7143                            signal chat leak7144    15. Senator Hirono. Mr. Hansell, the recent security breach7145involving Signal chat, which could have resulted in the deaths of7146American servicemembers, highlights this Administration's reckless7147disregard for operational security. Have you ever discussed classified7148information on an unclassified medium?7149    Mr. Hansell. No, I have not.71507151    16. Senator Hirono. Mr. Hansell, what would be the consequences for7152discussing classified information on an unclassified server or medium?7153    Mr. Hansell. Classified information on unclassified systems is a7154breach of security. It is my understanding that each instance is7155handled based on the specific circumstances, and the DOD Information7156Security Program empowers leaders at each level to remediate7157unauthorized disclosure based on those circumstances. Commanders and7158supervisors are aided in determining how best to remedy each situation7159by security personnel. When consequences are deemed appropriate it may7160include administrative actions, removal from access, loss of security7161clearance, and/or criminal prosecution.71627163    17. Senator Hirono. Mr. Hansell, do you think it is wise to discuss7164classified war planning on Signal?7165    Mr. Hansell. If confirmed, I will be responsible for DOD security7166practices in accordance with the laws and policies governing the DOD7167Information Security Program, reinforcing to the Joint Force the7168importance of using authorized and secure channels for all classified7169communications. Furthermore, in coordination with the DOD Chief7170Information Officer, I intend to conduct a review of the policies and7171regulations related to the DOD Information Security Program to ensure7172they are modernized and standardized to give clear guidance to the7173Joint Force. We must ensure that DOD has the policies and technologies7174available to safeguard information while enabling communication at the7175speed of operations.7176                               __________7177            Questions Submitted by Senator Elizabeth Warren7178                                 ethics7179    18. Senator Warren. Mr. Hansell, if you are confirmed, will you7180commit to not seeking any employment with or compensation from a7181defense contractor, including through serving on a board, as a7182consultant, or as a lobbyist, for 4 years after leaving DOD?7183    Mr. Hansell. I will abide by the extensive post-government7184employment ethics rules required by Federal law as well as the terms of7185my Ethics Agreement. These provisions set forth comprehensive7186restrictions relating to acceptance of compensation from defense7187contractors, as well as communicating back to the Federal Government on7188behalf of any future employers and clients. I believe that these7189existing rules are appropriate and sufficient to protect the public7190interest. If confirmed, I will carry out the responsibilities of my7191office honorably, and I will seek any post-government employment in7192full compliance with the applicable ethics rules.71937194    19. Senator Warren. Mr. Hansell, if you are confirmed, will you7195commit to not engaging in any lobbying activities, including7196unregistered ``shadow'' or ``behind-the-scenes'' lobbying under the7197guise of consulting or advising on DOD-related matters, focused on DOD7198or any of its components for 4 years after leaving DOD?7199    Mr. Hansell. I will abide by the extensive post-government7200employment ethics rules required by Federal law as well as the terms of7201my Ethics Agreement. These provisions set forth comprehensive7202restrictions relating to acceptance of compensation from defense7203contractors, as well as communicating back to the Federal Government on7204behalf of any future employers and clients. I believe that these7205existing rules are appropriate and sufficient to protect the public7206interest. If confirmed, I will carry out the responsibilities of my7207office honorably, and I will seek any post-government employment in7208full compliance with the applicable ethics rules.72097210    20. Senator Warren. Mr. Hansell, during your nomination process,7211did anyone on the Trump campaign, transition team, or other closely7212related entity approach you about your loyalty to President Trump?7213    Mr. Hansell. No.72147215    21. Senator Warren. Mr. Hansell, if you were approached about your7216loyalty to President Trump, did you sign a loyalty pledge or other7217similar oath? If so, please provide a copy of the text of that pledge7218or oath.7219    Mr. Hansell. No, I was not approached.72207221    22. Senator Warren. Mr. Hansell, if you were approached about your7222loyalty to President Trump, did you make any verbal representations of7223loyalty? If so, please describe this representation.7224    Mr. Hansell. No, I was not approached.72257226    23. Senator Warren. Mr. Hansell, in November 2024, the New York7227Times and other news outlets reported that Boris Epshteyn, a top7228adviser to President Trump, allegedly requested payment from7229prospective political appointees to promote their candidacies for top7230positions within the administration. Did you discuss the possibility of7231joining the Administration with Mr. Epshteyn at any time?7232    Mr. Hansell. No.72337234    24. Senator Warren. Mr. Hansell, if you did discuss the possibility7235of joining the administration with Mr. Epshteyn, did Mr. Epshteyn seek7236payment from you for promoting your candidacy for a position within the7237Administration?7238    Mr. Hansell. No.72397240    25. Senator Warren. Mr. Hansell, at any time, did lawyers for7241President Trump or members of President Trump's team approach you7242regarding Mr. Epshteyn and the allegations cited above? If so, please7243explain the information that they provided you (including copies of7244documents), what was discussed during any calls, and any other7245information pertaining to this interaction.7246    Mr. Hansell. No.72477248    26. Senator Warren. Mr. Hansell, were you in contact with Mr. Elon7249Musk at any time during your nomination process? If so, please describe7250the nature of those points of contact.7251    Mr. Hansell. No.72527253    27. Senator Warren. Mr. Hansell, was Mr. Musk present or involved7254in any interviews you did related to your nomination? If so, please7255describe the nature of his involvement.7256    Mr. Hansell. No.72577258    28. Senator Warren. Mr. Hansell, was Mr. Musk involved in any way7259with your nomination, including but not limited to directly or7260indirectly contacting Senators regarding their position on your7261nomination?7262    Mr. Hansell. No.72637264    29. Senator Warren. Mr. Hansell, who was in the room or7265participated in any of your interviews regarding your nomination?7266    Mr. Hansell. I met with members of the President's team during my7267selection process, but it was the President who made the decision to7268nominate me for this position.72697270    30. Senator Warren. Mr. Hansell, if you own any defense contractor7271stock, will you divest it to avoid even the appearance of a conflict of7272interest?7273    Mr. Hansell. The Ethics Agreement I signed on March 20, 2025, which7274was previously provided to the Committee, sets forth my ethics7275commitments, if confirmed.72767277    31. Senator Warren. Mr. Hansell, what do you consider the role of7278the press in a democracy?7279    Mr. Hansell. A free press is protected by the U.S. Constitution and7280is a critical part of our democracy.72817282    32. Senator Warren. Mr. Hansell, do you think it would be an7283appropriate use of taxpayer resources to ``dig up dirt'' on journalists7284who investigate or criticize you, your office, or the Trump7285administration?7286    Mr. Hansell. No, it would be a completely inappropriate use of7287resources.72887289    33. Senator Warren. Mr. Hansell, will you commit not to retaliate,7290including by denying access to government officials or facilities,7291against news outlets or individual journalists who publish articles7292that are critical of you, your office, your agency, or the Trump7293administration?7294    Mr. Hansell. Yes.72957296    34. Senator Warren. Mr. Hansell, have you requested, or has anyone7297requested on your behalf, that any other person or third party sign a7298nondisclosure, confidentiality, non-disparagement, or similar agreement7299regarding your conduct in a personal or professional capacity?7300    Mr. Hansell. No.73017302    35. Senator Warren. Mr. Hansell, will you voluntarily release any7303individual from any such agreements before this committee votes on your7304nomination?7305    Mr. Hansell. Not applicable.73067307    36. Senator Warren. Mr. Hansell, have you ever paid or promised to7308pay, or has anyone paid or promised to pay on your behalf, an7309individual as part of any non-disclosure, confidentiality, non-7310disparagement, or similar agreement?7311    Mr. Hansell. No.73127313    37. Senator Warren. Mr. Hansell, if the answer to the previous7314question was yes, how much was promised, how much was paid, and what7315were the circumstances?7316    Mr. Hansell. Not applicable.73177318    38. Senator Warren. Mr. Hansell, will you commit to recuse yourself7319from all particular matters involving your former clients and employers7320for at least 4 years after you leave DOD?7321    Mr. Hansell. I will abide by the extensive post-government7322employment ethics rules required by Federal law as well as the terms of7323my Ethics Agreement. These provisions set forth comprehensive7324restrictions relating to acceptance of compensation from defense7325contractors, as well as communicating back to the Federal Government on7326behalf of any future employers and clients. I believe that these7327existing rules are appropriate and sufficient to protect the public7328interest. If confirmed, I will carry out the responsibilities of my7329office honorably, and I will seek any post-government employment in7330full compliance with the applicable ethics rules.73317332    39. Senator Warren. Mr. Hansell, will you commit to not seeking7333employment, board membership with, or another form of compensation from7334a company that you regulated or otherwise interacted with while in7335government, for at least 4 years after leaving office?7336    Mr. Hansell. I will abide by the extensive post-government7337employment ethics rules required by Federal law as well as the terms of7338my Ethics Agreement. These provisions set forth comprehensive7339restrictions relating to acceptance of compensation from defense7340contractors, as well as communicating back to the Federal Government on7341behalf of any future employers and clients. I believe that these7342existing rules are appropriate and sufficient to protect the public7343interest. If confirmed, I will carry out the responsibilities of my7344office honorably, and I will seek any post-government employment in7345full compliance with the applicable ethics rules.73467347    40. Senator Warren. Mr. Hansell, would it ever be appropriate to7348threaten or imply that you would withhold future contracts from a7349company if they filed a complaint, bid protest, or cooperated with an7350Inspector General, civil, or criminal investigation?7351    Mr. Hansell. No, that would not be appropriate. congressional7352Oversight and Transparency73537354    41. Senator Warren. Mr. Hansell, what is your understanding of the7355role of the Department of Defense Inspector General and service7356Inspectors General?7357    Mr. Hansell. It is my understanding that the role of the Department7358of Defense Inspector General is to conduct independent audits and7359investigations relating to DOD's programs and operations to promote7360economy, efficiency, and effectiveness and to prevent and detect fraud7361and abuse. Relevant to the role of the Under Secretary of Defense for7362Intelligence and Security, the DOD IG and USD(I&S) partner in providing7363oversight and direction to DOD law enforcement functions.73647365    42. Senator Warren. Mr. Hansell, will you ensure your staff7366complies with any Inspector General deadlines established for requested7367communications, providing witnesses, providing documents, and that7368those witnesses will be protected from reprisal for their testimony?7369    Mr. Hansell. If confirmed, I will work to comply with Inspector7370General requests in a timely manner.73717372    43. Senator Warren. Mr. Hansell, if you are not able to comply with7373any Inspector General requests and deadlines, will you notify the7374Republican and Democratic Members of this Committee regarding the basis7375for any good faith delay or denial?7376    Mr. Hansell. If confirmed, I will work to comply with Inspector7377General requests in a timely manner. I would defer to the Office of the7378Inspector General to update Members of the Committee regarding the7379progress of the Inspector General's ongoing reviews.73807381    44. Senator Warren. Mr. Hansell, if you are confirmed, will you7382commit to refusing to follow illegal orders from any individual,7383including the President?7384    Mr. Hansell. I do not accept the premise that the President will7385issue me an unlawful order. If confirmed, I will follow the7386Constitution and the law of the United States.73877388    45. Senator Warren. Mr. Hansell, what actions would you take if you7389were given an illegal order from any individual, including the7390President?7391    Mr. Hansell. I do not accept the premise that the President will7392issue me an unlawful order. If confirmed, I will follow the7393Constitution and the law of the United States.73947395    46. Senator Warren. Mr. Hansell, will you commit to testify or7396provide a deposition if you are called upon by Congress to provide a7397deposition voluntarily?7398    Mr. Hansell. I will work to comply with Congress's requests in a7399timely and responsible manner.74007401    47. Senator Warren. Mr. Hansell, will you commit to testify or7402provide a deposition to Congress if you are issued a subpoena to7403testify?7404    Mr. Hansell. I will work to comply with Congress's requests in a7405timely and responsible manner.74067407    48. Senator Warren. Mr. Hansell, will you commit to providing7408information or documents to Congress voluntarily if you are requested7409to do so?7410    Mr. Hansell. I will work to comply with Congress's requests in a7411timely and responsible manner.74127413    49. Senator Warren. Mr. Hansell, will you provide information or7414documents to Congress if you are issued a subpoena?7415    Mr. Hansell. I will work to comply with Congress's requests in a7416timely and responsible manner.74177418    50. Senator Warren. Mr. Hansell, will you commit to following7419current precedent for responding to information requests, briefings,7420and other inquiries from Congress, including the Senate and House Armed7421Services Committees and their minority members?7422    Mr. Hansell. I will work to comply with Congress's requests in a7423timely and responsible manner.74247425    51. Senator Warren. Mr. Hansell, if confirmed, will you commit to7426posting your official calendar monthly?7427    Mr. Hansell. If confirmed I will commit to transparency consistent7428with the law. For example, if my official calendar is requested7429pursuant to a Freedom of Information Act (FOIA) request, I will commit7430to releasing responsive agency records subject to any withholding under7431applicable FOIA exemptions.74327433    52. Senator Warren. Mr. Hansell, do you think DOD has an7434overclassification problem? If so, please provide this committee with7435an estimateSenator Warren. of the number or percentage of documents7436that will be under your purview that are overclassified or other7437examples to illustrate this problem.7438    Mr. Hansell. Yes, I do believe that the entire Federal Government,7439to include the DOD, has a problem with the overclassification of7440information. Proper classification enables effective sharing of7441classified information across government and industry and expedites7442that information's eventual declassification. While I am not yet in the7443role of Under Secretary and am unable to provide an estimate of the7444depth of this problem, if confirmed, I will champion a culture of7445responsible classification, ensuring information is protected7446appropriately while balancing the need for efficient information flow.74477448    53. Senator Warren. Mr. Hansell, to the best of your knowledge, is7449your office or agency identifying records for proactive posting in7450compliance with the Freedom of Information Act? If not, please describe7451how you would ensure that they do so to comply with public records law.7452    Mr. Hansell. I have not been briefed on the organization's7453compliance posture with the Freedom of Information Act. However, I7454fully support complying with all public records laws and would ensure7455the OUSD(I&S) follows these laws.74567457    54. Senator Warren. Mr. Hansell, if confirmed, do you think your7458department should pursue strategic technology to support automated7459declassification?7460    Mr. Hansell. Yes, I believe that existing strategic technology has7461great potential for improving the efficiency of the declassification7462process--indeed, automation is necessary if the Federal Government is7463to tackle this problem, which can unnecessarily obscure government7464action at times. If confirmed, I am committed to getting briefed on the7465State of technical solutions to automate declassification, and advocate7466for significant progress in this area. Increasing transparency, in a7467responsible manner, ultimately fulfills the President's pledge for a7468more open and accountable government.7469                              project 20257470    55. Senator Warren. Mr. Hansell, have you discussed Project 20257471with any officials associated with the Trump campaign, the Trump7472transition team, or other members of the Trump administration? If so,7473please explain what you discussed, when you discussed it, and with whom7474you discussed it.7475    Mr. Hansell. No, I have not.74767477    56. Senator Warren. Mr. Hansell, have you discussed Project 20257478with any officials associated with the Heritage Foundation? If so,7479please explain what you discussed, when you discussed it, and with whom7480you discussed it.7481    Mr. Hansell. No, I have not.7482                           foreign influence7483    57. Senator Warren. Mr. Hansell, have you received any payment from7484a foreign government or entity controlled by a foreign government7485within the past 5 years?7486    Mr. Hansell. No, I have not.74877488    58. Senator Warren. Mr. Hansell, have you communicated with any7489foreign government or entity controlled by a foreign government within7490the past 5 years?7491    Mr. Hansell. No, I have not.74927493    59. Senator Warren. Mr. Hansell, please disclose any communications7494or payments you have had with representatives of any foreign government7495or entity controlled by a foreign government within the past 5 years7496and describe the nature of the communication.7497    Mr. Hansell. Not applicable.7498               retaliation and protecting whistleblowers7499    60. Senator Warren. Mr. Hansell, do you believe that7500servicemembers, civilians, grantees, and contractors should be7501protected from any form of retaliation for coming forward about an7502illegal order, sexual assault or harassment, negligence, misconduct, or7503any other concern that they wish to raise?7504    Mr. Hansell. Yes, I do.75057506    61. Senator Warren. Mr. Hansell, have you ever retaliated against7507any individual for coming forward about an illegal order, sexual7508assault or harassment, negligence, misconduct, or any other concern7509that they wish to raise?7510    Mr. Hansell. No.75117512    62. Senator Warren. Mr. Hansell, if you are confirmed, will you7513commit to protecting whistleblowers? If so, please specify how you will7514do so.7515    Mr. Hansell. Yes, if confirmed, I will commit to protecting7516whistleblowers in accordance with applicable law. I will foster a7517culture where the organization understands that doing so supports the7518mission.7519                        impoundment control act7520    63. Senator Warren. Mr. Hansell, on January 27, 2025, President7521Trump's Office of Management and Budget (OMB) issued a memo calling for7522the suspension of all Federal financial assistance programs (excluding7523``assistance provided directly to individuals''). Do you agree with7524OMB's decision to issue this memo?7525    Mr. Hansell. I support the President's efforts to streamline the7526Federal Government and ensure that it is carrying out Federal programs7527in an efficient and economical manner. That said, I am not aware of how7528this memorandum would impact DOD. If confirmed, I will review the memo7529and work to implement the President's direction.75307531    64. Senator Warren. Mr. Hansell, do you believe the Secretary of7532Defense has the legal authority to block the disbursement of funds7533appropriated by Congress?7534    Mr. Hansell. I fully acknowledge and respect Congress'7535constitutional role in appropriating funds to be carried out by the7536executive branch for designated purposes. I commit, if confirmed, to7537executing my responsibilities consistent with the Constitution and the7538law. I would ensure that my actions and advice to the Secretary of7539Defense on this matter are informed by the administration's legal7540positions and advice from the Department's General Counsel's office.75417542    65. Senator Warren. Mr. Hansell, what is your understanding of the7543Impoundment Control Act?7544    Mr. Hansell. My understanding is that Congress passed the7545Impoundment Control Act in 1974. This Act provides a framework for7546handling circumstances in which the President seeks to defer or cancel7547execution of appropriated funds. I commit, if confirmed, to executing7548my responsibilities consistent with the Constitution and the law on7549this matter as on all others. I would ensure that my actions and advice7550to the Secretary of Defense on this matter are informed by the7551administration's legal positions and advice from the Department's7552General Counsel's office.75537554    66. Senator Warren. Mr. Hansell, do you commit to following the7555Impoundment Control Act?7556    Mr. Hansell. I commit, if confirmed, to executing my7557responsibilities consistent with the Constitution and the law on this7558matter as on all others. I would ensure that my actions and advice to7559the Secretary of Defense on this matter are informed by the7560administration's legal positions and advice from the Department's7561General Counsel's office.75627563    67. Senator Warren. Mr. Hansell, do you commit to notifying the7564Senate and House Armed Services Committees, including the majority and7565minority, if you are asked not to follow the Impoundment Control Act or7566not to expend the money that Congress appropriates or authorizes?7567    Mr. Hansell. I commit, if confirmed, to executing my7568responsibilities consistent with the Constitution and the law on this7569matter as on all others. I would ensure that my actions and advice to7570the Secretary of Defense on this matter are informed by the7571administration's legal positions and advice from the Department's7572General Counsel's office.75737574    68. Senator Warren. Mr. Hansell, the Constitution's Spending Clause7575(Art. I, Sec.  8, cl. 1) and Appropriations Clause (Art. I, Sec.  9,7576cl. 7) give Congress, not the Executive, power of the purse. The7577Supreme Court has unanimously upheld this power. Do you believe that7578impoundments are constitutional?7579    Mr. Hansell. I commit, if confirmed, to executing my7580responsibilities consistent with the Constitution and the law on this7581matter as on all others. I would ensure that my actions and advice to7582the Secretary of Defense on this matter are informed by the7583administration's legal positions and advice from the Department's7584General Counsel's office.75857586    69. Senator Warren. Mr. Hansell, the funding levels in7587appropriations bills passed into law are not targets or ceilings;7588instead, they are amounts the executive branch must spend, unless7589stated otherwise. Congress could--if it wanted the President to have7590discretion--write those amounts as ceilings. Do you agree?7591    Mr. Hansell. I commit, if confirmed, to executing my7592responsibilities consistent with the Constitution and the law, to7593include appropriations legislation. I would ensure that my actions and7594advice to the Secretary of Defense on this matter are informed by the7595administration's legal positions and advice from the Department's7596General Counsel's office.75977598    70. Senator Warren. Mr. Hansell, what is your understanding of the7599requirements for DOD to obligate funding that Congress authorizes and7600appropriates, in accordance with the time period that Congress deems it7601to do so?7602    Mr. Hansell. I commit, if confirmed, to executing my7603responsibilities consistent with the Constitution and the law, to7604include authorization and appropriations legislation. I would ensure7605that my actions and advice to the Secretary of Defense on this matter7606are informed by the administration's legal positions and advice from7607the Department's General Counsel's office.76087609    71. Senator Warren. Mr. Hansell, do you commit to expending the7610money that Congress appropriates and authorizes?7611    Mr. Hansell. If confirmed, I commit to expending resources in7612accordance with congressional appropriations and authorizations for7613those programs delegated to me. I would ensure that my actions and7614advice to the Secretary of Defense on this matter are informed by the7615administration's legal positions and advice from the Department's7616General Counsel's office.76177618    72. Senator Warren. Mr. Hansell, do you commit to following and7619implementing every provision of the annual National Defense7620Authorization Act passed into law?7621    Mr. Hansell.I commit, if confirmed, to executing my7622responsibilities consistent with the Constitution and the law,7623including the National Defense Authorization Act. I would ensure that7624my actions and advice to the Secretary of Defense on this matter are7625informed the administration's legal positions and advice from the7626Department's General Counsel's office.76277628    73. Senator Warren. Mr. Hansell, if you became aware of a potential7629violation of the Antideficiency Act, Impoundment Control Act, or other7630appropriations laws, what steps would you take?7631    Mr. Hansell. If confirmed, were I to become aware of any violation7632of the Antideficiency Act, Impoundment Control Act, or other7633appropriations laws, I would abide by the Department's procedures to7634report such violations to the appropriate authorities. I would further7635ensure that my actions and advice to the Secretary of Defense on any7636matters of violations are informed by the administration's legal7637positions and advice from the Department's General Counsel's office.7638                           acquisition reform7639    74. Senator Warren. Mr. Hansell, what is your understanding of the7640Procurement Integrity Act and your obligations under that law?7641    Mr. Hansell. My understanding of the Procurement Integrity Act is7642that, as a government official, I am obligated to protect competitive7643source selection information from unauthorized disclosure, including by7644complying with the DOD's Controlled Unclassified Information program.7645Safeguarding this sensitive information is essential to maintaining the7646integrity of the procurement process and ensures all prospective7647contractors have a fair opportunity to compete for Federal contracts. I7648understand the Procurement Integrity Act also restricts former7649Government officials from accepting compensation from contractors under7650certain conditions.76517652    75. Senator Warren. Mr. Hansell, do you believe that it is7653important to be able to assess accurate cost and pricing data from7654contractors, especially for sole-or single-source contracts?7655    Mr. Hansell. Yes, I believe it is important to be able to assess7656accurate cost and pricing data from contractors to ensure the DOD is7657paying a fair price for critical services.76587659    76. Senator Warren. Mr. Hansell, how do you plan to obtain cost and7660pricing data from contractors to determine that the cost of Federal7661contracts is fair and reasonable?7662    Mr. Hansell. If confirmed, I will work with Department stakeholders7663and the acquisition workforce to ensure the Department has access to7664accurate cost and pricing data as required by law.76657666    77. Senator Warren. Mr. Hansell, how do you plan to do so in cases7667where contractors refuse or claim they are unable to turn over this7668data?7669    Mr. Hansell. If confirmed, I look forward to fully reviewing these7670types of issues with the OUSD(A&S) and have the DOD receive as much7671relevant data as possible to be efficient with taxpayer dollars. It is7672my understanding that there are statutory requirements to provide this7673data, and I would use existing authorities to resolve contractual7674issues.76757676    78. Senator Warren. Mr. Hansell, if you are confirmed, what steps7677will you take to ensure that contractors are not price gouging or7678overcharging the Federal Government?7679    Mr. Hansell. If confirmed, I look forward to working with OUSD(A&S)7680to ensure that fair prices are being paid in exchange for critical7681services. I will ensure the Defense Intelligence and Security7682Enterprise uses all legal tools available to ensure that price gouging7683or overcharging are not taking place within the DISE.76847685    79. Senator Warren. Mr. Hansell, if you are confirmed, will you7686commit to seeking refunds, including voluntary refunds, from7687contractors and companies that overcharge the Federal Government?7688    Mr. Hansell. If confirmed, I look forward to supporting OUSD(A&S)7689should it decide to review any current contracts in order to ensure7690that fair prices are being paid in exchange for critical services and7691any refunds due are collected.76927693    80. Senator Warren. Mr. Hansell, if so, how do you plan to do so?7694    Mr. Hansell. If confirmed, I look forward to supporting OUSD(A&S)7695should it decide to review any current contracts in order to ensure7696that fair prices are being paid in exchange for critical services with7697all available DOD resources.76987699    81. Senator Warren. Mr. Hansell, during your hearing you expressed7700concerns that overclassification hurt DOD competition. Do you have any7701specific examples of when that may have been a factor?7702    Mr. Hansell. From my experience, I understand concerns about7703overclassification hindering competition, having seen it from varying7704perspectives during my time in government and in business. Reflecting7705on this, a hypothetical situation where this could occur are government7706efforts to procure capability that in part has both a commercial and7707national security use case. Unnecessarily overclassifying portions of7708the requirement or similarly limiting solicitation to known entities,7709can exclude potentially capable partners, ultimately stifling7710competition and slowing our access to cutting-edge technology. I've7711spoken with companies about the challenges of navigating security7712requirements, particularly regarding classified facilities, which can7713often disadvantage nontraditional players, to include smaller7714businesses. We must always protect our security and seek the most7715effective ways to do so while encouraging competition and capturing the7716best innovative technology for our warfighters.7717                        research and development7718    82. Senator Warren. Mr. Hansell, does the Federal Government7719benefit from partnering with colleges, universities, nonprofits, and7720federally funded research and development centers?7721    Mr. Hansell. Yes, it does. Specific to the defense intelligence and7722security portfolio, it is my understanding that OUSD(I&S) benefits from7723the research conducted by the University Affiliated Research Center7724(UARC) that it established in 2018, the Applied Research Lab for7725Intelligence and Security (ARLIS). Affiliated with the University of7726Maryland, I understand ARLIS is the only UARC conducting both7727classified and unclassified research to best address security and7728intelligence challenges, to include in areas such as advanced7729computing, emerging technologies, and the human domain. UARCs such as7730ARLIS are key players in addressing 21st century technology challenges7731to U.S. national security.77327733    83. Senator Warren. Mr. Hansell, under your leadership, will your7734agencies continue to work with colleges, universities, nonprofits, and7735federally funded research and development centers to research and7736address our toughest national security challenges?7737    Mr. Hansell. If confirmed, I commit to continuing to work with7738colleges, universities, nonprofit organizations, and federally funded7739research and development centers to develop new and transformative7740capabilities for the warfighter consistent with the Administration's7741mission and priorities.7742         protecting classified information and federal records7743    84. Senator Warren. Mr. Hansell, what is your understanding of the7744need to protect operational security, or OPSEC?7745    Mr. Hansell. If confirmed, as the DOD senior official responsible7746for the DOD Information Security Program, I will be responsible for7747establishing and overseeing the implementation of policies and7748procedures for the conduct of DOD operations security, or OPSEC. I7749understand firsthand that protecting OPSEC is critical for mission7750success. OPSEC is an important and required tool for commanders and7751leaders to employ at all levels to deny our adversaries the ability to7752collect, analyze, and exploit information that might provide an7753advantage against the United States. Effective OPSEC protects critical7754information about DOD activities, intentions, capabilities, or7755limitations that an adversary seeks to gain a military, political,7756diplomatic, economic, or technological advantage. Proper OPSEC is7757coupled with information security to form a culture of vigilance across7758DOD.77597760    85. Senator Warren. Mr. Hansell, what are the national security7761risks of improperly disclosing classified information?7762    Mr. Hansell. It is generally accepted that the improper or7763unauthorized disclosure of classified information could be expected to7764cause identifiable or describable damage to national security. The7765describable damage and certainty of that damage would depend on the7766details of the information released, including the level of7767classification, as well as the extent and nature of the disclosure.7768Determining the extent of damage to national security is part of the7769unauthorized disclosure process as outlined in DOD policy. If confirmed7770as the DOD senior official responsible for the DOD Information Security7771Program, I will be unwavering in championing the DOD's information7772security, recognizing it as a cornerstone of meeting the Department's7773priorities for increased strength and lethality.77747775    86. Senator Warren. Mr. Hansell, is it your opinion that7776information about imminent military targets is generally sensitive7777information that needs to be protected?7778    Mr. Hansell. The Department has robust policies and processes7779dedicated to determining the sensitivity of information related to7780military targets. If confirmed, in my role as the DOD senior official7781responsible for the DOD Information Security Program, I would ensure7782our commanders have clear and authoritative guidance for following7783these policies and processes.77847785    87. Senator Warren. Mr. Hansell, what would you do if you learned7786an official had improperly disclosed classified information?7787    Mr. Hansell. If confirmed and in such a situation, I would7788immediately take steps to secure the information, assess the situation,7789and report the incident to the appropriate security officials for7790mitigation and appropriate action in accordance with law and policy. If7791confirmed, in my role as the DOD senior official responsible for the7792DOD Information Security Program, it will also be my role to set the7793standard for proper handling of classified information. Protecting7794classified information is paramount, and I would treat any potential7795breach with the utmost seriousness.77967797    88. Senator Warren. Mr. Hansell, what is your understanding of7798Government officials' duties under the Federal Records Act?7799    Mr. Hansell. If confirmed, I will adhere to the Federal Records Act7800and the applicable DOD policies that implement it, which ensure that7801the Federal records I create or receive are appropriately maintained,7802and I will hold the personnel of the Defense Intelligence and Security7803Enterprise accountable for the same.78047805    89. Senator Warren. Mr. Hansell, should classified information be7806shared on unclassified commercial systems?7807    Mr. Hansell. No.78087809    90. Senator Warren. Mr. Hansell, is it damaging to national7810security if the pilots flying a mission find out that the official who7811ordered them to perform that mission shared sensitive information that7812could have made it more likely that the mission would fail, or they7813would be killed?7814    Mr. Hansell. The Department of Defense places the utmost importance7815on mission success and the safety of the men and women carrying out the7816mission, making it the finest fighting force in the world. I know7817firsthand the importance of safeguarding sensitive information. If7818confirmed, I will be responsible for the DOD Information Security7819Program, and in that role, I will make it a priority that DOD personnel7820have clear guidance for the proper safeguarding of sensitive7821information while enabling communication at the speed of operations.78227823    91. Senator Warren. Mr. Hansell, if you had information about the7824status of specific targets, weapons being used, and timing for imminent7825U.S. strikes against an adversary, under what circumstances would you7826feel comfortable receiving or sharing that information on an7827unclassified commercial application like Signal?7828    Mr. Hansell. Without speaking to hypothetical circumstances, I7829believe we must ensure that DOD has the policies and technologies7830available to most effectively safeguard information while enabling7831secure communication at the speed of operations. If confirmed, I will7832be responsible for the DOD Information Security Program, and in that7833role I would, in coordination with the DOD Chief Information Officer,7834review the policies and regulations related to the DOD Information7835Security Program to ensure they are modernized and standardized to7836support that objective.7837                           personnel security7838    92. Senator Warren. Mr. Hansell, what factors should be considered7839in determining whether a former Government official needs protection?7840    Mr. Hansell. While I understand the President and the Secretary of7841Defense have the inherent authority to provide protective services7842outside of the context of 10 U.S.C. Sec.  714, the statute authorizes7843protection for a former or retired official who faces a serious and7844credible threat arising from duties performed while employed by DOD or7845for compelling operational considerations. The determination to provide7846such physical protection and personal security pursuant to this statute7847shall be based on a threat assessment by an appropriate law7848enforcement, security, or intelligence organization. In practice, such7849determinations are necessarily balanced against competing operational7850and resourcing requirements for the protection of other authorized7851personnel.7852                               __________7853             Questions Submitted by Senator Tammy Duckworth7854                  disclosure of classified information7855    93. Senator Duckworth. Mr. Hansell, what is the normal process7856after the Department becomes aware of indications that classified or7857sensitive defense or intelligence information has been found in the7858public sphere?7859    Mr. Hansell. I understand that DOD takes immediate action whenever7860there is credible information that classified or sensitive defense7861information has been found in the public sphere. This could involve7862initiating an inquiry or investigation to assess the scope of the7863potential compromise, secure any compromised information to the extent7864possible, and identify the source of the unauthorized disclosure. If7865circumstances warrant, DOD then pursues appropriate administrative,7866legal, or other remedial actions based on the findings of the inquiry7867or investigation.78687869    94. Senator Duckworth. Mr. Hansell, would you hold senior officials7870who violate protections of sensitive information to the same standard7871as junior soldiers and civilians?7872    Mr. Hansell. Yes. All DOD personnel with access to classified7873information are responsible for protecting such information. If7874confirmed, as the DOD senior security official responsible for7875directing, administering, and overseeing the DOD Information Security7876Program, I will advocate for a culture of accountability at all levels,7877backed up by clear, modernized, and standardized guidance, to ensure7878that all DOD personnel support this shared obligation.7879                             accountability7880    95. Senator Duckworth. Mr. Hansell, do you commit that your7881decisions will be communicated through official, secure channels and7882properly documented for both oversight and institutional memory?7883    Mr. Hansell. If confirmed, I will always comply with the Federal7884Records Act and all laws concerning the safeguarding of classified7885information.78867887    96. Senator Duckworth. Mr. Hansell, would you follow an illegal,7888unlawful, or immoral order?7889    Mr. Hansell. If confirmed, I will follow the Constitution and laws7890of the United States.7891                                 ______78927893    [The nomination reference of Mr. Bradley D. Hansell7894follows:]78957896   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]78977898                                ------78997900    [The biographical sketch of Mr. Bradley D. Hansell, which7901was transmitted by the Committee at the time of the nomination7902was referred, follows:]79037904   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]79057906                                ------79077908    [The Committee on Armed Services requires all individuals7909nominated from civilian life by the President to positions7910requiring the advice and consent of the Senate to complete a7911form that details the biographical, financial, and other7912information of the nominee. The form executed by Mr. Bradley D.7913Hansell in connection with his nomination follows:]79147915    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]79167917                                 ______79187919    [The nominee responded to Parts B-F of the Committee7920questionnaire. The text of the questionnaire is set forth in7921the Appendix to this volume. The nominee's answers to Parts B-F7922are contained in the Committee's executive files.]7923                                 ______79247925    [The nomination of Mr. Bradley D. Hansell was reported to7926the Senate by Chairman Wicker on May 1, 2025, with the7927recommendation that the nomination be confirmed. The nomination7928was confirmed by the Senate on July 22, 2025.]79297930   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]79317932                                 ______79337934    [Prepared questions submitted to Mr. Earl G. Matthews by7935Chairman Wicker prior to the hearing with answers supplied7936follow:]79377938                        Questions and Responses7939                       duties and qualifications7940    Question. Section 140 of title 10, U.S. Code, provides that the7941General Counsel of the Department of Defense (DOD General Counsel) is7942the chief legal officer of the Department.7943    What background and experience do you possess that qualify you for7944this position?7945    Answer. I received my Juris Doctor degree from Harvard University7946in June 1998, took and passed both the Pennsylvania and New Jersey bar7947examinations in the summer of 1998 and have been a licensed attorney7948continually since October 1998. I additionally hold a Master of Laws7949degree in National Security Law from the Georgetown University Law7950Center, which I received in May 2013. Currently, I am a member in good7951standing only of the District of Columbia bar. I have served as an7952attorney within the Department of Defense in various capacities for7953over 25 years. I have served continuously as an Army Judge Advocate,7954either on active duty orders or in a part-time status, in the United7955States or in overseas operational environments. I have served as a7956uniformed lawyer in Bosnia-Herzegovina, Iraq during two separate tours,7957in Afghanistan and in the Horn of Africa. I have extensive Pentagon7958experience having served within the Office of the Judge Advocate7959General of the Army and the Office of Legal Counsel to the Chairman of7960the Joint Chiefs of Staff. I have been both a career civilian attorney7961within the Defense Intelligence Agency, where I advised on sensitive7962intelligence matters, and I have served as the Principal Deputy General7963Counsel and Acting General Counsel of the Department of the Army. In7964the latter role I was the Chief Legal Officer of the largest single7965component of the Department of Defense. Throughout my career, I have7966provided advice and counsel to Department of Defense personnel as7967disparate as staff non-commissioned officers and platoon leaders to the7968Chairman of the Joint Chiefs of Staff and the Secretary of the Army.7969    Question. What leadership and management experience do you possess7970that you would apply to your service as DOD General Counsel, if7971confirmed?7972    Answer. My most significant legal leadership role was as Principal7973Deputy General Counsel and Acting General Counsel of the Department of7974the Army from June 2017-July 2018 where I lead a 50-attorney office7975charged with advising the civilian and uniformed leadership of the7976Department of the Army. The Office of the General Counsel of the Army7977also provided legal oversight and guidance to the entire Army legal7978enterprise, to include over 5,000 attorneys, both uniformed and7979civilian. As an Army Judge Advocate, I have been privileged to serve on7980and lead legal teams at home and abroad, including serving as Staff7981Judge Advocate to the District of Columbia National Guard during7982significant periods of civil unrest. If confirmed, I will draw upon my7983leadership and management experiences to make me a better leader of the7984DOD legal enterprise.7985    Question. What is your understanding of the breadth and scope of7986the DOD General Counsel's duties and responsibilities?7987    Answer. It is my understanding that the General Counsel is the7988chief legal officer of the Department of Defense and the advisor to the7989Secretary of Defense for all legal matters and legal services performed7990within or involving the DOD Components. The breadth and scope of these7991duties and responsibilities are vast, aligned to the global mission of7992the Department of Defense to achieve Peace through Strength, deter war7993and if necessary, defeat our enemies. If I am confirmed, I expect that7994I will be responsible for overseeing the provision of timely and7995accurate legal advice on myriad DOD activities. This encompasses the7996full spectrum of legal issues, from international law, environmental7997law, contracting, and personnel matter. Most importantly, the General7998Counsel supports and empowers the legal professionals across the7999Department, in and out of uniform, to ensure we all provide sound legal8000advice and counsel to our clients and commanders in support of the8001mission.8002    Question. If confirmed, what additional duties and functions might8003you recommend the Secretary of the Defense prescribe for you?8004    Answer. The Department carries out unique military and national8005security functions, as well as a wide variety of activities ranging8006from providing health care to its military personnel and their families8007to working with and training important allies and partners, and all the8008activities required to support the Total Force, protect the Nation and8009project power across the globe. If I am confirmed, I eagerly anticipate8010the challenge of providing legal advice on a broad portfolio of subject8011areas essential to the combat readiness, lethality and effectiveness of8012our armed forces. If confirmed, I would have the opportunity to work8013with senior leaders in the Department and would have a better sense of8014what the Department's needs would be and what additional duties and8015functions the Secretary of Defense may prescribe, but I anticipate they8016would be aligned to ensuring we build and maintain an effective8017fighting force.8018    Question. If confirmed, specifically what would you do to ensure8019that your tenure as DOD General Counsel epitomizes the fundamental8020requirement for civilian control of the Armed Forces embedded in the8021U.S. Constitution and other laws?8022    Answer. The American principle of civilian control of the military8023is foundational to our democracy, and I am committed to it. Having8024served in the Army, both in and out of uniform, I am acutely aware of8025the need to ensure civilian control of the military, and the legal8026structure established by our Constitution and the laws of the Nation to8027ensure it. I believe that large organizations reflect the principles8028and values of their leaders. Therefore, if confirmed, I will convey8029through my leadership, words and actions that civilian leadership of8030the Department is central and preeminent.8031    Question. Who is the client of the DOD General Counsel?8032    Answer. The Department of Defense and its senior leaders in their8033official capacities are the clients of the DOD General Counsel.8034                         conflicts of interest8035    Question. Federal ethics laws, to include 18 U.S.C. Sec. 208,8036prohibit government employees from participating in matters where they,8037or certain family members or organizations with which they have certain8038relationships, have a financial interest.8039    Do you agree, without qualification, if confirmed, to disclose any8040potential conflicts of interest, including investments, business ties,8041family relationships, or other connections that could be perceived as8042influencing your decisionmaking?8043    Answer. I agree to comply with all conflicts of interest disclosure8044requirements set forth in the Ethics in Government Act and implementing8045regulations.8046    Question. Do you agree, without qualification, if confirmed, that8047if a conflict of interest arises, you will recuse yourself from8048participating in any decisions regarding that specific matter?8049    Answer. I agree to comply with all recusal requirements under 188050U.S.C. Sec.  208 and implementing regulations.8051    Question. Do you commit, without qualification, if confirmed, to8052decide matters on the merits, and exclusively in the public interest,8053without regard to private gain or personal benefit?8054    Answer. I commit to deciding matters on the merits based on the8055public interest, without regard to any private gain or personal8056benefit.8057          exercise of independent professional legal judgment8058    Question. President Trump's February 18, 2025, Executive Order8059entitled ``Ensuring Accountability for All Agencies'' states in section80607 that ``No employee of the executive branch acting in their official8061capacity may advance an interpretation of the law as the position of8062the United States that contravenes the President or the Attorney8063General's opinion on a matter of law. . . .''8064    What is your understanding of the rules of professional8065responsibility that apply to civilian attorneys in the Department of8066Defense, including those that work within the DOD Office of the General8067Counsel?8068    Answer. DOD attorneys must be licensed in at least one U.S. State,8069commonwealth, territory, or the District of Columbia and are subject to8070the rules of professional conduct for their licensing jurisdiction.8071Additionally, DOD civilian attorneys are subject to the professional8072responsibility provisions set forth in DOD Instruction 1442.02.8073    Question. If confirmed, what rules of professional responsibility8074would apply to you personally in your practice of law?8075    Answer. I am currently licensed in the District of Columbia and8076would be subject to the District of Columbia Rules of Professional8077Conduct under the authority of the District of Columbia Court of8078Appeals, as well as DOD Instruction 1442.02.8079    Question. If confirmed, how will you implement section 7 of the8080above referenced Executive Order and enforce it throughout the8081Department?8082    Answer. The Attorney General, through DOJ's Office of Legal Counsel8083(OLC), interprets how the law applies to the executive branch, and that8084interpretation is binding on the Department of Defense. Section 7's8085articulation of the President's and Attorney General's authority and8086function as they pertain to interpretations of the law may be new, but8087the underlying principles described in Section 7 are consistent with my8088understanding of standard practices of the Department of Defense.8089Accordingly, for questions where I am unsure about the appropriate8090interpretation of law, I intend to authorize outreach to OLC for formal8091or informal guidance on the appropriate interpretation of law and apply8092OLC's advice to the activities of the Department.8093    Question. What is your view of the applicability of section 7 to8094you personally, if confirmed as the DOD General Counsel?8095    Answer. As an Executive Order that is currently in force, section 78096of EO 14215 would apply to my activities as General Counsel, if I am8097confirmed.8098    Question. If confirmed, how would you address a situation where8099your independent professional legal judgment differs from the opinion8100of the President?8101    Answer. If confirmed, I do not anticipate that my professional8102legal judgment would often differ from the opinion of the President or8103his legal advisors. If a difference were to emerge, I would seek8104further guidance from legal advisors at the White House and at the8105Department of Justice, and if appropriate, would request a review of my8106interpretation by the DOJ Office of Legal Counsel.8107                    major challenges and priorities8108    Question. In your view, what are the major challenges that will8109confront the next DOD General Counsel?8110    Answer. The major challenges confronting the next General Counsel8111of the Department of Defense mirror the major challenges facing the8112Department writ large. These include supporting the President's focus8113on the restoration of the Department of Defense as a race-blind, merit8114and values based, warfighting focused institution.8115    Question. If confirmed, what broad parameters would you establish8116as to the types of legal and policy issues on which you and the Office8117of the DOD General Counsel must be consulted?8118    Answer. Based on my experience, DOD appears to have a culture that8119values legal input and appears to have robust processes in place to8120obtain that input on critical issues. If I am confirmed, I will lead8121the experienced attorneys in the Office of the DOD General Counsel and8122in the wider DOD legal community in their efforts to provide the best8123possible legal advice to decisionmakers throughout the Department of8124Defense as they implement the priorities of the President. I would work8125to ensure that I am consulted on any issues potentially impacting the8126execution of the Secretary's national defense strategic guidance,8127particularly matters with the potential for significant financial or8128litigation risk for the Department.8129                        relations with congress8130    Question. What are your views on the State of the DOD Office of the8131General Counsel's relationship with the Senate Armed Services Committee8132in particular, and with Congress in general?8133    Answer. I believe the Office of General Counsel works8134collaboratively with both the Senate Armed Services Committee and with8135the Congress as a whole. Strong relationships with Congress are8136essential to mission success. If confirmed, I will continue to maintain8137and cultivate those strong relationships, especially those involving8138the Armed Services Committee.8139    Question. If confirmed, what actions would you take to sustain a8140productive and mutually beneficial relationship between this Committee8141and the DOD Office of the General Counsel?8142    Answer. If confirmed, I would encourage open, honest, and timely8143communications between the Committee and the Department. I am committed8144to building and maintaining open lines of communication. If confirmed,8145I will work closely with Members of this Committee, the Congress as a8146whole, as well as the professional staff of the Armed Services8147Committee.8148    Question. If confirmed, what factors would you consider in8149determining whether or not to recommend the invocation of Executive8150Privilege in regard to a request from the Senate Armed Services8151Committee for information under the cognizance of a component of the8152Department of Defense?8153    Answer. Executive Privilege is invoked by the Counsel to the8154President. If confirmed, I would work closely with interagency lawyers,8155to include the White House Counsel's office, regarding matters of8156privilege.8157    Question. Under what extraordinary circumstances do you believe it8158would be appropriate for the Secretary of Defense to limit review of an8159Execute Order by the Armed Services Committees?8160    Answer. Executive Orders are issued by the President, and as such8161are White House documents. If confirmed, I commit to working with8162interagency lawyers to include the White House Counsel's office to8163resolve any matters of privilege on a timely basis.8164                             legal opinions8165    Question. Are the legal opinions of the Office of the DOD General8166Counsel binding on all Department of Defense attorneys?8167    Answer. The legal opinions of the DOD General Counsel generally are8168binding throughout the Department of Defense. Under 10 U.S.C. Sec.8169140, the DOD General Counsel is the ``chief legal officer of the8170Department of Defense,'' and under DOD Directive 5145.01, the General8171Counsel is responsible for ``[e]stablish[ing] DOD policy on general8172legal issues, determin[ing] the DOD position on specific legal8173problems, and resolv[ing] disagreements within the DOD on such8174matters.'' 10 U.S.C. Sec.  140, however, does not apply to the General8175Counsel to the Inspector General. In addition, Title 10 prohibits any8176officer or employee of DOD from interfering with the independent legal8177advice of certain senior military lawyers.8178    Question. If confirmed, are there specific matters on which your8179predecessor General Counsels have issued legal opinions that you would8180expect to reconsider and possibly revise? If so, which opinions, in8181which practice areas, do you believe might merit reconsideration?8182    Answer. I am not presently aware of any current legal opinions8183that, if I am confirmed, I would expect to reconsider or revise.8184However, I expect that, if I am confirmed, I will have the occasion to8185revisit matters and welcome the opportunity to do so.8186           relationship with the department of justice (doj)8187    Question. What is your understanding of the relationship between8188the Department of Defense and the Department of Justice with respect to8189litigation involving the Department of Defense?8190    Answer. The Department of Justice has the statutory responsibility8191to represent the United States and its officers, employees, and8192agencies, including the Department of Defense, in litigation. Attorneys8193from the Department of Defense work closely with Department of Justice8194lawyers on matters in which DOD, or one or more of its components or8195officials, is a party or has an interest.8196    Question. What role do you expect to play, if confirmed, in the8197development and consideration (or reconsideration) of legal opinions by8198the Office of Legal Counsel of the Department of Justice that directly8199affect the Department of Defense?8200    Answer. If I am confirmed, I expect to work closely with the Office8201of Legal Counsel of the Department of Justice (OLC) on the most8202complicated legal issues confronting the Department of Defense. By8203continuing to foster a close working relationship with OLC, I will8204strive to ensure that DOD and its officials have the benefit of the8205highest-caliber legal advice within the executive branch.8206    Question. If confirmed, what actions would you take to address an8207opinion issued by the Office of Legal Counsel with which you disagreed8208as a matter of proper interpretation of the law?8209    Answer. The Attorney General, usually acting through the Assistant8210Attorney General for OLC, sometimes is called on to issue legal8211opinions that are binding on the entire executive branch, including the8212Department of Defense. If I am confirmed, and in the event that OLC8213issues an opinion with which I disagree as a matter of law, I would8214express my opinion to the Assistant Attorney General or, if necessary8215and appropriate, the Attorney General and ask for reconsideration of8216the OLC opinion. I hope to have developed a sufficiently close working8217relationship with OLC that my input would be considered prior to8218issuance of the legal opinion.8219              independent legal advice by judge advocates8220    Question. What is your view of the requirement for the Judge8221Advocates General of the Services, the Staff Judge Advocate to the8222Commandant of the Marine Corps, and the legal advisor to the Chairman8223of the Joint Chiefs of Staff to provide independent legal advice to the8224Secretaries of the Military Departments, the Chairman of the Joint8225Chiefs, and the Service Chiefs?8226    Answer. I understand that the Judge Advocates General of the8227Services, the Staff Judge Advocate to the Commandant of the Marine8228Corps, and the legal advisor to the Chairman of the Joint Chiefs of8229Staff provide independent legal advice to the leadership of their8230respective Military Departments, and that under the law no officer or8231employee of DOD may interfere with that. If confirmed, I will respect8232and support the important role played by these officers and be clear8233with my expectation that we fully comply with the law in this regard.8234Having served as an Army Judge Advocate, I understand that the8235uniformed lawyers of the military play a critical role within the8236Department, and that due to their military training and background8237offer an important perspective.8238    Question. What is your view of the responsibility of uniformed8239judge advocates to provide independent legal advice to military8240commanders?8241    Answer. I understand that that Judge Advocates in the field, in8242support of their Services or at joint commands, have a responsibility8243to provide independent legal advice to military commanders. Having8244served as an Army Judge Advocate, I understand that the uniformed8245lawyers of the military play a critical role within the Department, and8246that due to their military training and background offer an important8247perspective.8248    Question. What is your understanding of the DOD General Counsel's8249responsibilities with regard to military justice and The Judge8250Advocates General?8251    Answer. In my view, the role of the DOD Office of General Counsel8252is to provide legal advice to the Secretary of Defense and DOD8253stakeholders on policy, legislative, and programmatic initiatives8254intended to deter misconduct. If confirmed, I will work with the Judge8255Advocates General of the Military Departments and the Staff Judge8256Advocate to the Commandant of the Marine Corps, as well as the Lead8257Special Trial Counsel, to refine policies and seek additional8258authorities, as required, to promote justice, deter misconduct, and8259facilitate appropriate accountability.8260    The Judge Advocates General and the Staff Judge Advocate to the8261Commandant of the Marine Corps play crucial roles in providing military8262justice personnel and training in their Military Services. However,8263decisions in the military justice system are made independently by8264certain personnel, including convening authorities, special trial8265counsel, defense counsel, military judges, and court-martial panel8266members (jurors). For the system to operate fairly--and be perceived as8267operating fairly--those servicemembers who exercise independent8268judgment in the system must perform discretionary duties free from8269improper influence by their superiors.8270    Question. If confirmed, what relationship would you establish with8271the General Counsels of the Military Departments?8272    Answer. If confirmed, I expect to work closely with the General8273Counsels of the Military Departments. I would develop strong lines of8274communication to assist them in providing timely and accurate legal8275advice to the senior leadership of their respective military8276departments, and to ensure that legal matters are effectively8277coordinated across the Department.8278           authorization for the use of military force (aumf)8279    Question. In your view, in what circumstances should the President8280seek authorization from Congress before using military force?8281    Answer. While the President is chief executive and Commander in8282Chief, the Constitution assigns to the Congress an essential role in8283decisions to declare war. Further, the War Powers Resolution prescribes8284that the President ``in every possible instance shall consult with8285Congress before introducing United States Armed Forces into8286hostilities.''8287    Consistent with the constitutional division of roles, the President8288may direct certain military action pursuant to Article II of the8289Constitution when that action serves an important national interest and8290the reasonably anticipated nature, scope, and duration of the operation8291and any possible responses would not rise to the level of ``war'' under8292the Constitution. I understand this has been the longstanding view of8293both Democratic and Republican administrations across several decades,8294as reflected in a series of opinions by the Department of Justice8295Office of Legal Counsel.8296                  general and flag officer nominations8297    Question. Existing law and policy provide that adverse and8298reportable information pertaining to an officer must be evaluated by8299senior leaders in the Military Departments and in the Office of the8300Secretary of Defense prior to the nomination of such an officer for8301promotion to a general or flag officer grade, or for appointment to a8302position of ``importance and responsibility.''8303    In your view, what is the role of the DOD General Counsel in the8304officer promotion system generally, and more specifically in reviewing8305the nomination of officers for promotion to general and flag officer8306grades and positions?8307    Answer. It is my understanding that all reports of promotion8308selection boards are reviewed by the Office of the DOD General Counsel8309prior to final action on the report by the Secretary of Defense or the8310Under Secretary of Defense for Personnel and Readiness. This review8311comes after similar legal reviews have been conducted at the Military8312Service and Military Department levels. If the DOD General Counsel8313determines that a promotion selection board did not conform to law or8314policy, it would be the duty of the General Counsel to inform the8315Secretary of Defense or Under Secretary of Defense for Personnel and8316Readiness, as the case may be, of the irregularities and to recommend8317appropriate corrective action. I am also aware that the Office of the8318DOD General Counsel reviews the nomination package for each officer8319recommended for appointment to the grade of O-9 or O-10 while serving8320in a position of importance and responsibility, ensuring that any8321adverse or reportable information pertaining to an officer is8322accurately summarized. The Office of the DOD General Counsel also has a8323role in ensuring that officer promotion policies in DOD regulations8324accurately reflect the law in title 10, U.S. Code.8325    Question. In your view, are the current policies and procedures8326governing review of the records of officers whose selection for8327promotion or assignment requires Presidential or Secretary of Defense8328approval or Senate confirmation, sufficient to enable informed8329decisions by the secretary of the Military Department concerned, the8330Secretary of Defense, the President, and the Senate? Please explain8331your answer.8332    Answer. It is my understanding that these current policies and8333procedures, many of which are based on law, provide the Secretary of8334Defense, the President, and the Senate sufficient information on which8335to make informed decisions as to which officers should be promoted and/8336or assigned to positions of importance and responsibility. If8337confirmed, I will recommend changes to the current policies and8338procedures if I determine they are appropriate.8339    Question. In your view, are these policies and procedures fair to8340the individual officers proceeding through the promotion or assignment8341processes?8342    Answer. Yes, it is my understanding that these policies and8343procedures are fair. When adverse information pertaining to the officer8344is involved, I am aware that the officer's statement regarding such8345information is included in the appointment or nomination package. If8346confirmed, I will recommend changes to the policies and procedures if I8347determine they are appropriate.8348      sexual assault and sexual harassment prevention and response8349    Question. What is your understanding of the role of the DOD General8350Counsel in addressing sexual assault and sexual harassment within the8351Department of Defense?8352    Answer. In my view, the role of the DOD Office of General Counsel8353is to provide legal advice to the Secretary of Defense and DOD8354stakeholders on policy, legislative, and programmatic initiatives8355intended to deter this misconduct. If confirmed, I will work with the8356Judge Advocates General of the Military Departments and the Staff Judge8357Advocate to the Commandant of the Marine Corps, as well as the8358Services' Lead Special Trial Counsel, to refine policies and seek8359additional authorities, as required, to promote justice, deter8360misconduct, and facilitate appropriate accountability. I anticipate8361ensuring high-level focus on this issue.8362    Question. What is your assessment of the efficacy of the8363Department's sexual assault prevention and response program?8364    Answer. I understand the Department has undertaken numerous8365initiatives to prevent and respond to sexual assault, including8366establishing the Offices of Special Trial Counsel within the military8367Services. I expect that it will take time to assess the efficacy of8368this initiative and other legal and policy changes implemented by the8369Department.8370    Maintaining good order and discipline in the Armed Forces promotes8371efficiency and effectiveness in the military establishment and thereby8372strengthens the national security of the United States. If confirmed, I8373will work with DOD stakeholders to support these programs to ensure the8374readiness of the warfighter.8375                        whistleblower protection8376    Question. Section 1034 of title 10, U.S. Code, prohibits taking or8377threatening to take an unfavorable personnel action against a member of8378the armed forces in retaliation for making a protected communication.8379Section 2302 of title 5, U.S. Code, provides similar protections to8380Federal civilian employees.8381    If confirmed, what role would you establish for yourself in, and8382what specific actions would you take, ensuring that servicemembers and8383civilian employees of the Department of Defense who report fraud,8384waste, and abuse, or gross mismanagement are protected from reprisal?8385    Answer. Whistleblowers perform an important service by reporting8386what they reasonably believe to be evidence of waste, fraud, and abuse8387or gross mismanagement. Whistleblower protection laws exist to ensure8388that whistleblowers may report freely concerning issues of fraud,8389waste, and abuse or gross mismanagement without fear of retaliation8390and/or reprisal. If confirmed, I will ensure that the Department of8391Defense provides all the protections to which whistleblowers are8392entitled under law and policy. Moreover, I will work to ensure that8393throughout DOD there is appropriate policy in place on whistleblower8394protection. Last, I believe that all senior defense officials have an8395obligation to emphasize, in both their words and actions, the8396importance of whistleblower protection and the benefits derived by DOD8397from investigations and reviews based on protected communications. If I8398am confirmed, this will be a personal point of emphasis for me.8399         support to the department of defense inspector general8400    Question. What is the relationship between the DOD General Counsel8401and the DOD Inspector General?8402    Answer. The DOD Inspector General has an independent statutory8403status as does the General Counsel to the DOD IG, which is established8404by law in an amendment to the Inspector General Act. The General8405Counsel to the IG, who is not under the supervision of the DOD General8406Counsel, is appointed by the Inspector General and serves as the chief8407legal officer of the Office of the Inspector General. It is my8408understanding that reviewing the legal sufficiency of Inspector General8409investigations, including whistleblower investigations, is performed by8410the General Counsel to the IG, not the DOD General Counsel. If8411confirmed, I will provide appropriate legal advice to the Department in8412conjunction with actions stemming from an investigation and will assist8413the Office of the Inspector General as requested and appropriate.8414    Is the DOD Inspector General bound by the legal opinions of the DOD8415General Counsel?8416    Answer. In accordance with 10 U.S.C. Sec.  140, legal opinions of8417the DOD General Counsel generally are binding throughout the Department8418of Defense. The General Counsel to the Inspector General, however, is8419expressly exempted from the scope of 10 U.S.C. Sec.  140 by virtue of8420Section 907 of the National Defense Authorization Act for fiscal year84212009 (5 U.S.C. App. Sec.  408(h)).8422    Question. What role, if any, does the DOD General Counsel have in8423reviewing DOD IG reports of investigation and inspections? In your8424view, do you see a need for a change in this role?8425    Answer. It is my understanding that the DOD General Counsel does8426not review the legal sufficiency of Inspector General investigations8427and recommendations. This review is provided by the General Counsel to8428the Inspector General. It would be appropriate, however, for the DOD8429General Counsel to assist the Office of the Inspector General as8430requested by that office, including review of certain IG investigation8431and inspection reports prior to finalization and release.8432               civilian attorney recruiting and retention8433    Question. In your view, does the Office of the General Counsel of8434the Department of Defense have a sufficient number of attorneys to8435perform its many missions? Please explain your answer.8436    Answer. While I am currently not able to assess this, if I am8437confirmed I would explore whether the Department has sufficient legal8438resources to meet the Department's needs in terms of quantity and8439quality of civilian attorneys.8440    Question. Do you believe that the DOD legal community needs8441additional incentives and talent management tools to recruit, develop,8442sustain, and retain a 21st century career civilian attorney workforce?8443If so, what sort of incentives and tools do you perceive would be8444helpful?8445    Answer. While I am not currently able to assess this, if confirmed,8446I will collaborate with Department leaders to identify ways to8447strengthen our civilian attorney talent management efforts and8448implement modernized hiring practices that enhance workforce8449efficiency. I would determine whether the current civilian attorneys8450are provided sufficient opportunities for advancement and professional8451fulfillment. If not, I would take steps to improve these opportunities.8452    I am not currently aware of any incentives that are necessary, but8453if confirmed, I would take the necessary steps to evaluate and assess8454the situation to help make this determination. The civilian attorney8455workforce is a key part of the DOD team, and the Department must8456efficiently recruit and retain highly skilled civilian attorneys who8457contribute to the public interest.8458    Question. The DOD General Counsel serves as the selecting official8459for all OSD career Senior Executive Service (SES) attorney positions.8460    What do you view as the most important executive competencies of an8461SES attorney and how would you assess these in deciding whether to8462recommend a particular candidate for selection and appointment to an8463attorney's position in the career SES?8464    Answer. If I am confirmed, I will lead the experienced attorneys in8465the Office of the DOD General Counsel and in the wider DOD legal8466community in their efforts to provide the best possible legal advice to8467decisionmakers throughout the Department of Defense. To do this8468effectively, I will seek SES attorneys who possess critical leadership8469skills and are capable of building multi-disciplinary and cohesive8470teams to accomplish the priorities of the President and the Secretary8471of Defense.8472                              acquisition8473    Question. What is your understanding of the role of the DOD General8474Counsel in ensuring that the Department's acquisition programs are8475executed in accordance with applicable law and policy?8476    Answer. As the chief legal officer of the Department of Defense,8477the General Counsel has the critical role of advising clients8478throughout the Defense acquisition community on the requirements of law8479and regulation as they relate to the execution of DOD's acquisition8480programs, including especially some of the largest and most important8481programs of the Department. If I am confirmed, I would ensure my team8482of highly qualified acquisition attorneys is watchful that the8483Department conducts procurements fairly and openly, mindful of the need8484to be good stewards of the American taxpayers' dollars. Moreover, I8485would be very clear that the Department needs to comply with all8486statutory limitations and prohibitions and that the thought or ignoring8487them for the mere sake of business expediency is not to be tolerated.8488    Question. What are your views on the overall effects on DOD of8489defense acquisition reform to date?8490    Answer. I understand that over the past several years the8491Department has made strides in implementing the Adaptive Acquisition8492Framework, which provides multiple fit-to-purpose pathways for8493differing types of acquisitions and recast the former ``one size fits8494all'' approach. I imagine it would be overly optimistic to consider the8495job done. There must still be more to accomplish, and I look forward,8496if confirmed, to working with the Department's leadership and the team8497of acquisition attorneys at DOD to keep the ball rolling in this8498important effort.8499    Question. If confirmed, how would you ensure that DOD acquisition8500officials understand and leverage the flexibilities provided by8501Congress in the context of acquisition reform?8502    Answer. The job of the DOD General Counsel is to apply the laws8503promulgated by Congress as they relate to the Department. I commit to8504you that, if I am confirmed, I would approach this task with the full8505understanding of the intent of Congress. In this context I would8506consider one of the primary functions of the job, and part of the8507duties of the acquisition attorneys on staff, to be tracking the8508enactment of new authorities and communicate with the client community8509to make sure it is aware of flexibilities that new enactments might8510provide. I would encourage greater use of any legislatively bestowed8511flexibility however, wherever, and whenever appropriate.8512    Question. If confirmed, how would you deal with contractors that8513improperly mark technical data, do not deliver technical data under the8514terms of the contract, or otherwise enforce technical data rights and8515ordering to ensure DOD is able to maintain competition and its core8516logistics capabilities?8517    Answer. This is a simple matter of contract enforcement, rooted in8518insistence on compliance with the terms of our written agreements. A8519lawyer's role here is no different than it would be in other business8520disputes: providing well-grounded advice and effective advocacy,8521especially after the point where matters have devolved to litigation.8522                             risk aversion8523    Question. Many attempts at management reform in the Department of8524Defense, to include personnel reform and acquisition reform, involve8525allowing senior and local leadership to make maximum use of authorized8526flexibilities and exceptions to standard practices. It is generally8527believed that DOD's so-called ``risk averse culture'' stifles8528initiative and traps the Department in a set of antiquated and8529burdensome practices. At times, this culture of risk aversion has been8530attributed to the legal advice rendered by DOD and component attorneys.8531    In your view, what role should the assessment of ``risk'' play in8532an attorney's provision of legal advice?8533    Answer. The need to foster a culture of innovation across the8534department is pressing. We ought not let an undue concern for risk8535frustrate meeting that need. My role, if confirmed, will be to see that8536attorneys within the DOD Office of the General Counsel understand the8537flexibilities as well as the limits provided in law and regulation and8538that they advise their clients accordingly. The mere presence of risk8539should not lead an attorney to withhold advising on possible options.8540Certainly, a DOD attorney should seek to make sure that his or her8541clients are aware of any legal risks associated with various options,8542but he or she should make it part of his or her job to find ways to8543mitigate those risks and, wherever possible, advise on alternate paths8544that present none of the identified risks. In the end, however,8545attorneys only advise. The business decisionmakers and policy clients8546need to settle on how best to proceed, after fully understanding a8547range of legally available options. The job of a lawyer is to present8548those legally available options.8549                 ethics and professional responsibility8550    Question. Servicemember and DOD civilian employee conflicts of8551interest have long been a concern. What is the general prevalence in8552the armed forces, and in the DOD civilian workforce, of violations of8553criminal laws and executive branch and DOD ethics regulations relating8554to conflicts of interest?8555    Answer. I believe preventing conflicts of interest is critical to8556maintaining the public's trust and confidence in the Department's8557operations. Based on the most recent annual data reported on the Office8558of Government Ethics web site, I understand that there were only 28559statutory violations and 110 regulatory violations in a Department of8560over 1.7 million full-time personnel during CY 2023. That represents8561less than .5 percent of the total DOD workforce. As the Department of8562Defense Designated Agency Ethics Official, I will, if confirmed, carry8563out an effective ethics program to prevent and resolve conflicts of8564interest and the appearance of conflicts of interest.8565    Question. What is the role of the General Counsel of the Department8566of Defense in ensuring that attorneys under his supervision adhere to8567Rules of Professional Conduct? If confirmed, how would you approach8568this critical supervisory duty with regard to the Office of the DOD8569General Counsel?8570    Answer. The DOD General Counsel (GC) is responsible for8571establishing professional responsibility standards for the civilian8572attorneys under the GC's supervision and for overseeing adherence to8573these standards, in accordance with DOD Directive 5145.01 and DOD8574Instruction 1442.02. If confirmed, I will implement these rules to8575ensure legal services are provided with the highest degree of8576professionalism.8577    Question. Are the laws and regulations relating to the post-8578government employment of DOD personnel--military and civilian--8579adequate, coherent, and comprehensible, in your view?8580    Answer. There is a long-standing framework of executive branch-wide8581ethics statutes and regulations that balance the interests of the8582public in preventing conflicts of interest with the employment rights8583of individual employees and the Government's interest in recruiting8584talent. I understand that a 2021 Government Accountability Office audit8585report concluded that DOD has strong post-government employment8586training, guidance, and practices for implementing these laws and made8587no findings of violations. Additionally, a congressionally mandated8588federally Funded Research & Development Center study finalized in 20248589concluded that the proliferation of ethics provisions that address the8590same or similar issues risks confusion that could undermine compliance8591and enforcement. The study further found that there was not a strong8592reason to treat DOD officials more stringently than officials in other8593agencies. If confirmed, I would support clear, consistent, and balanced8594ethics laws, which are essential to maintaining the public's trust.8595    Question. If confirmed, what actions would you take were it brought8596to your attention that a certain appointment or designation was8597potentially in violation of the Federal Vacancies Reform Act and8598associated case law?8599    Answer. If I am confirmed and it were brought to my attention that8600an appointment potentially violated the Federal Vacancies Reform Act, I8601would obtain the facts pertaining to the appointment and provide my8602best legal advice to the Secretary regarding the appointment. If I8603believed the appointment would violate the Federal Vacancies Reform8604Act, I would provide that advice.8605    Question. If confirmed, what actions would you take if it were8606brought to your attention that a potential nominee, military or8607civilian, does not meet statutory prerequisites for the position for8608which the individual would be nominated?8609    Answer. If I am confirmed and it were brought to my attention that8610a potential nominee, military or civilian, does not meet statutory8611prerequisites for the position for which the individual would be8612nominated, I would obtain the facts pertaining to the appointment and8613provide my best legal advice to the Secretary regarding the nomination.8614If I believed the nomination did not meet statutory prerequisites for8615the position, I would provide that advice.8616    Question. If confirmed, what actions would you take were it brought8617to your attention that an individual pending nomination or confirmation8618by the Senate, to a Presidentially appointed, Senate-confirmed office8619was potentially acting in contravention of the policies of the Senate8620Armed Services Committee regarding the presumption of confirmation?8621    Answer. If I am confirmed and it were brought to my attention that8622an individual pending nomination or confirmation by the Senate, to a8623Presidentially appointed, Senate-confirmed office was potentially8624acting in contravention of the policies of the Senate Armed Services8625Committee regarding the presumption of confirmation, I would obtain the8626facts pertaining to the appointment and provide my best legal advice to8627the Secretary regarding the nomination. If I believed the individual8628pending nomination or confirmation was potentially acting in a manner8629inconsistent with the policies of the Senate Armed Services Committee8630regarding the presumption of confirmation, I would provide that advice.8631            annual department of defense legislative program8632    Question. One of the responsibilities of the DOD General Counsel is8633to coordinate the Department's legislative program and to provide the8634Department's views on legislative proposals initiated from outside the8635Department.8636    If confirmed, what actions would you take to ensure that the8637Department's legislative proposals are submitted to the Armed Services8638Committees of the Senate and the House of Representatives in a timely8639manner, so as to ensure ample opportunity for consideration of such8640proposals by Congress and the public before markup of the annual NDAA?8641    Answer. I understand the need to provide fully coordinated draft8642legislation to the Armed Services Committees as early as possible after8643the President submits his budget to Congress. If confirmed, I will work8644with DOD components and the Office of Management and Budget to expedite8645review and coordination of draft legislation for inclusion in the8646annual NDAA. I fully appreciate that the earlier the Department submits8647its legislative proposals, the more likely the Armed Services8648Committees will consider the Department's proposals and recommend that8649they be enacted.8650    Question. What actions would you take, if confirmed, to ensure8651Congress receives the Department's views on other proposed legislation8652in a timely manner?8653    Answer. It is my understanding that the Office of the Assistant8654Secretary of Defense for Legislative Affairs manages the Department's8655response to congressional requests for informal views of specific8656pieces of legislation. If confirmed, I will work with that office to8657ensure timely responses to those requests.8658                        congressional oversight8659    Question. In order to exercise its legislative and oversight8660responsibilities, it is important that this Committee and other8661appropriate committees of Congress are able to receive testimony,8662briefings, reports, records (including documents and electronic8663communications) and other information from the Department.8664    Do you agree, without qualification, if confirmed, and on request,8665to appear and testify before this committee, its subcommittees, and8666other appropriate committees of Congress? Please answer with a simple8667yes or no.8668    Answer. Yes.8669    Question. Do you agree, without qualification, if confirmed, to8670provide this committee, its subcommittees, other appropriate committees8671of Congress, and their respective staffs such witnesses and briefers,8672briefings, reports, records (including documents and electronic8673communications), and other information as may be requested of you, and8674to do so in a timely manner? Please answer with a simple yes or no.8675    Answer. Yes.8676    Question. Do you agree, without qualification, if confirmed, to8677consult with this committee, its subcommittees, other appropriate8678committees of Congress, and their respective staffs, regarding your8679basis for any delay or denial in providing testimony, briefings,8680reports, records--including documents and electronic communications,8681and other information requested of you? Please answer with a simple yes8682or no.8683    Answer. Yes.8684    Question. Do you agree, without qualification, if confirmed, to8685keep this committee, its subcommittees, other appropriate committees of8686Congress, and their respective staffs apprised of new information that8687materially impacts the accuracy of testimony, briefings, reports,8688records--including documents and electronic communications, and other8689information you or your organization previously provided? Please answer8690with a simple yes or no.8691    Answer. Yes.8692    Question. Do you agree, without qualification, if confirmed, and on8693request, to provide this committee and its subcommittees with records8694and other information within their oversight jurisdiction, even absent8695a formal committee request? Please answer with a simple yes or no.8696    Answer. Yes.8697    Question. Do you agree, without qualification, if confirmed, to8698respond timely to letters to, and/or inquiries and other requests of8699you or your organization from individual Senators who are members of8700this Committee? Please answer with a simple yes or no.8701    Answer. Yes.8702    Question. Do you agree, without qualification, if confirmed, to8703ensure that you and other members of your organization protect from8704retaliation any military member, Federal employee, or contractor8705employee who testifies before, or communicates with this committee, its8706subcommittees, and any other appropriate committee of Congress? Please8707answer with a simple yes or no.8708    Answer. Yes.8709                                 ______87108711    [Questions for the record with answers supplied follow:]87128713                           Senator Tom Cotton8714                              legal issues8715    1. Senator Cotton. Mr. Matthews, the Department of Defense (DOD)8716lawyers have become known for becoming far too risk averse, always8717defaulting to ``no'' rather than helping the Secretary of Defense or8718the President find a way to accomplish a mission legally. If confirmed,8719would you commit to working with the Secretary to become an enabler--8720not an inhibitor--to meet his intent?8721    Mr. Matthews. If confirmed, my lodestar will be to ensure that the8722military and policy objectives of the President and the Secretary of8723Defense are achieved in a manner consistent with the Constitution and8724laws of the United States. To that end, where legal issues may8725frustrate a proposed course of action, it would be my responsibility8726not just to identify those issues, but also to identify reasonable8727alternatives to accomplish the mission lawfully. I would also oversee8728legal services performed throughout DOD, and I would lead, encourage,8729and expect lawyers throughout the Department to take this same8730constructive approach when they provide legal advice to decisionmakers8731at all levels.8732                              environment8733    2. Senator Cotton. Mr. Matthews, environmental regulations are one8734of those mission areas in which the Secretary will need your legal8735support. Laws like the National Environmental Policy Act (NEPA) and the8736Endangered Species Act are drastically and unnecessarily delaying DOD8737projects, from facility expansions, to defense industrial base8738projects, to constructing runways in the Pacific. Often, it's other8739Federal agencies like the Fish and Wildlife Service that create the8740hold-ups. How would you use your role as legal counsel to ensure the8741services can move through environmental reviews as quickly and8742efficiently as possible?8743    Mr. Matthews. If confirmed, I will work with my counterparts at8744other Federal agencies, and counsel for the Military Departments, to8745ensure we are all aligned on national security priorities and8746conducting environmental reviews as quickly and efficiently as8747possible. I will also work with my clients and the Military Departments8748on ways to streamline DOD processes and environmental reviews while8749continuing to comply with the law.8750                               __________8751             Questions Submitted by Senator Mazie K. Hirono8752                             lawful orders8753    3. Senator Hirono. Mr. Matthews, the DOD General Counsel, serves as8754an important check to ensure the President, Secretary of Defense, and8755other senior military leaders are complying with U.S. and international8756law. In your view, what role do the senior uniformed Judge Advocates8757General (JAG) for each of the services play in the Department, and how8758will you ensure their voices are heard on major issues involving8759interpretations of U.S. and international law?8760    Mr. Matthews. I proudly served as an Army Judge Advocate, and I8761respect the role played by our senior Judge Advocates in advising8762leadership both at headquarters and in the field. They play a critical8763role within the Department, bring an important perspective and have a8764voice that needs to be heard. They provide independent legal advice to8765the leadership of their respective Military Departments, and under the8766law no officer or employee of DOD may interfere with that. If8767confirmed, I will ensure that my organization follows the law and will8768advise all Department leadership to do the same.8769                              rule of law8770    4. Senator Hirono. Mr. Matthews, the DOD Law of War Manual is a8771cornerstone of U.S. military legal doctrine, reinforcing obligations8772under international law. Can you commit to upholding its principles,8773even when they may conflict with political or strategic pressures?8774    Mr. Matthews. Yes.87758776    5. Senator Hirono. Mr. Matthews, how will you ensure that the U.S.8777military continues to adhere to international legal norms, including8778the Geneva Conventions, particularly in an era of evolving threats and8779unconventional warfare?8780    Mr. Matthews. Commanders and, in particular, the President as the8781Commander-in-Chief and the Secretary of Defense, as the head of the8782Department of Defense, are responsible for ensuring that the U.S.8783military complies with international law, including the 1949 Geneva8784Conventions. If confirmed, I will work with other lawyers in DOD and in8785the U.S. Government to support the Secretary in that responsibility by8786advising him and other senior officials and, as DOD's Chief Legal8787Officer, by leading and encouraging DOD lawyers to provide timely and8788sound legal advice to decisionmakers at all levels. For example, if8789confirmed, I will perform the responsibilities of the General Counsel8790outlined in DOD Directive 2311.01, DOD Law of War Program, including8791exercising primary staff responsibility for the DOD Law of War Program8792and reviewing appropriate plans and policies for consistency with the8793law of war.8794                               __________8795            Questions Submitted by Senator Elizabeth Warren8796                                 ethics8797    6. Senator Warren. Mr. Matthews, if you are confirmed, will you8798commit to not seeking any employment with or compensation from a8799defense contractor, including through serving on a board, as a8800consultant, or as a lobbyist, for 4 years after leaving DOD?8801    Mr. Matthews. I will abide by the extensive post-government8802employment ethics rules required by Federal law. These provisions set8803forth comprehensive restrictions relating to acceptance of compensation8804from defense contractors, as well as communicating back to the Federal8805Government on behalf of any future employers and clients. I believe8806that these existing rules are appropriate and sufficient to protect the8807public interest. If confirmed, I will carry out the responsibilities of8808my office honorably, and I will seek any post-government employment in8809full compliance with the applicable ethics rules.88108811    7. Senator Warren. Mr. Matthews, if you are confirmed, will you8812commit to not engaging in any lobbying activities, including8813unregistered ``shadow'' or ``behind-the-scenes'' lobbying under the8814guise of consulting or advising on DOD-related matters, focused on DOD8815or any of its components for 4 years after leaving DOD?8816    Mr. Matthews. I will abide by the extensive post-government8817employment ethics rules required by Federal law. These provisions set8818forth comprehensive restrictions relating to acceptance of compensation8819from defense contractors, as well as communicating back to the Federal8820Government on behalf of any future employers and clients. I believe8821that these existing rules are appropriate and sufficient to protect the8822public interest. If confirmed, I will carry out the responsibilities of8823my office honorably, and I will seek any post-government employment in8824full compliance with the applicable ethics rules.88258826    8. Senator Warren. Mr. Matthews, during your nomination process,8827did anyone on the Trump campaign, transition team, or other closely8828related entity approach you about your loyalty to President Trump?8829    Mr. Matthews. No.88308831    9. Senator Warren. Mr. Matthews, if you were approached about your8832loyalty to President Trump, did you sign a loyalty pledge or other8833similar oath? If so, please provide a copy of the text of that pledge8834or oath.8835    Mr. Matthews. N/A88368837    10. Senator Warren. Mr. Matthews, if you were approached about your8838loyalty to President Trump, did you make any verbal representations of8839loyalty? If so, please describe this representation.8840    Mr. Matthews. N/A88418842    11. Senator Warren. Mr. Matthews, in November 2024, the New York8843Times and other news outlets reported that Boris Epshteyn, a top8844adviser to President Trump, allegedly requested payment from8845prospective political appointees to promote their candidacies for top8846positions within the administration. Did you discuss the possibility of8847joining the Administration with Mr. Epshteyn at any time?8848    Mr. Matthews. I have never met Mr. Epshteyn.88498850    12. Senator Warren. Mr. Matthews, if you did discuss the8851possibility of joining the Administration with Mr. Epshteyn, did Mr.8852Epshteyn seek payment from you for promoting your candidacy for a8853position within the Administration?8854    Mr. Matthews. N/A88558856    13. Senator Warren. Mr. Matthews, at any time, did lawyers for8857President Trump or members of President Trump's team approach you8858regarding Mr. Epshteyn and the allegations cited above? If so, please8859explain the information that they provided you (including copies of8860documents), what was discussed during any calls, and any other8861information pertaining to this interaction.8862    Mr. Matthews. No.88638864    14. Senator Warren. Mr. Matthews, were you in contact with Mr. Elon8865Musk at any time during your nomination process? If so, please describe8866the nature of those points of contact.8867    Mr. Matthews. No.88688869    15. Senator Warren. Mr. Matthews, present or involved in any8870interviews you did related to your nomination? If so, please describe8871the nature of his involvement.8872    Mr. Matthews. No.88738874    16. Senator Warren. Mr. Matthews, was Mr. Musk involved in any way8875with your nomination, including but not limited to directly or8876indirectly contacting Senators regarding their position on your8877nomination?8878    Mr. Matthews. No.88798880    17. Senator Warren. Mr. Matthews, who was in the room or8881participated in any of your interviews regarding your nomination?8882    Mr. Matthews. I met with members of the President's team during my8883selection process, but it was the President who made the decision to8884nominate me for this position.88858886    18. Senator Warren. Mr. Matthews, how should DOD prevent and8887mitigate conflicts of interest if a special government employee or8888other government advisor is also the recipient of DOD contracts and8889could stand to financially benefit from the advice they provide to DOD?8890    Mr. Matthews. I understand that there is a robust framework of8891Federal ethics laws and regulations applicable to special government8892employees (SGEs). These provisions address requirements for8893identification and prevention of conflicts of interest, to include8894compliance with applicable ethics training and financial disclosure8895requirements. DOD SGEs receive training and guidance from Department8896ethics attorneys, usually as part of their appointment process.88978898    19. Senator Warren. Mr. Matthews, if you own any defense contractor8899stock, will you divest it to avoid even the appearance of a conflict of8900interest?8901    Mr. Matthews. I will comply with applicable law and policy with8902respect to divestiture.89038904    20. Senator Warren. Mr. Matthews, what do you consider the role of8905the press in a democracy?8906    Mr. Matthews. I consider the press to play an important role in a8907democracy, helping to ensure an informed electorate. This role is8908rightly reflected in the freedom of the press enshrined in the First8909Amendment, and its precise bounds are subject to interpretation by the8910courts.89118912    21. Senator Warren. Mr. Matthews, do you think it would be an8913appropriate use of taxpayer resources to ``dig up dirt'' on journalists8914who investigate or criticize you, your office, or the Trump8915administration?8916    Mr. Matthews. I do not believe it appropriate to use taxpayer8917resources to ``dig up dirt'' on anyone.89188919    22. Senator Warren. Mr. Matthews, will you commit not to retaliate,8920including by denying access to government officials or facilities,8921against news outlets or individual journalists who publish articles8922that are critical of you, your office, your agency, or the Trump8923administration?8924    Mr. Matthews. Yes.89258926    23. Senator Warren. Mr. Matthews, have you requested, or has anyone8927requested on your behalf, that any other person or third party sign a8928nondisclosure, confidentiality, non-disparagement, or similar agreement8929regarding your conduct in a personal or professional capacity?8930    Mr. Matthews. No.89318932    24. Senator Warren. Mr. Matthews, will you voluntarily release any8933individual from any such agreements before this committee votes on your8934nomination?8935    Mr. Matthews. Not applicable.89368937    25. Senator Warren. Mr. Matthews, have you ever paid or promised to8938pay, or has anyone paid or promised to pay on your behalf, an8939individual as part of any non-disclosure, confidentiality, non-8940disparagement, or similar agreement?8941    Mr. Matthews. No.89428943    26. Senator Warren. Mr. Matthews, if the answer to the previous8944question was yes, how much was promised, how much was paid, and what8945were the circumstances?8946    Mr. Matthews. N/A89478948    27. Senator Warren. Mr. Matthews, will you commit to recuse8949yourself from all particular matters involving your former clients and8950employers for at least 4 years after you leave DOD?8951    Mr. Matthews. I will abide by the extensive post-government8952employment ethics rules required by Federal law. These provisions set8953forth comprehensive restrictions relating to acceptance of compensation8954from defense contractors, as well as communicating back to the Federal8955Government on behalf of any future employers and clients. I believe8956that these existing rules are appropriate and sufficient to protect the8957public interest. If confirmed, I will carry out the responsibilities of8958my office honorably, and I will seek any post-government employment in8959full compliance with the applicable ethics rules.89608961    28. Senator Warren. Mr. Matthews, will you commit to not seeking8962employment, board membership with, or another form of compensation from8963a company that you regulated or otherwise interacted with while in8964government, for at least 4 years after leaving office?8965    Mr. Matthews. I will abide by the extensive post-government8966employment ethics rules required by Federal law. These provisions set8967forth comprehensive restrictions relating to acceptance of compensation8968from defense contractors, as well as communicating back to the Federal8969Government on behalf of any future employers and clients. I believe8970that these existing rules are appropriate and sufficient to protect the8971public interest. If confirmed, I will carry out the responsibilities of8972my office honorably, and I will seek any post-government employment in8973full compliance with the applicable ethics rules.89748975    29. Senator Warren. Mr. Matthews, what is your understanding of the8976Hatch Act?8977    Mr. Matthews. The Hatch Act, a Federal law passed in 1939, limits8978certain political activity of Federal employees while they are on duty,8979in the Federal workplace, or acting in their official capacity.8980Political activity is activity directed toward the success or failure8981of a partisan candidate, political party, or partisan political group.89828983    30. Senator Warren. Mr. Matthews, what disciplinary actions are8984appropriate for violations of the Hatch Act?8985    Mr. Matthews. I understand that the Office of Special Counsel has8986jurisdiction to enforce the Hatch Act before the Merit Systems8987Protection Board, and that the full range of disciplinary actions--from8988a reprimand to removal--are available options. I believe that the8989appropriate disciplinary action depends on the nature of the violation.89908991    31. Senator Warren. Mr. Matthews, would it ever be appropriate to8992threaten or imply that you would withhold future contracts from a8993company if they filed a complaint, bid protest, or cooperated with an8994Inspector General, civil, or criminal investigation?8995    Mr. Matthews. No.8996                congressional oversight and transparency8997    32. Senator Warren. Mr. Matthews, what is your understanding of the8998role of the Department of Defense Inspector General and service8999Inspectors General?9000    Mr. Matthews. The role and responsibilities of the DOD Inspector9001General and the Service Inspectors General are established by the9002Inspectors General Act of 1978 as amended, and DOD Directive 5106.01.9003The Department of Defense Inspector General conducts independent audits9004and investigations relating to DOD's programs and operations to promote9005economy, efficiency, and effectiveness and to prevent and detect fraud9006and abuse. It is my understanding that the Service Inspectors General9007perform similar functions, assessing for the Secretaries of the9008Military Departments matters such as economy, efficiency, and9009readiness.90109011    33. Senator Warren. Mr. Matthews, will you ensure your staff9012complies with any Inspector General deadlines established for requested9013communications, providing witnesses, providing documents, and that9014those witnesses will be protected from reprisal for their testimony?9015    Mr. Matthews. If confirmed my touchstone will be adherence to the9016law. I will instruct, my staff to meet legal requirements including9017deadlines, and will hold myself and my staff accountable for those9018requirements including deadlines.90199020    34. Senator Warren. Mr. Matthews, if you are not able to comply9021with any Inspector General requests and deadlines, will you notify the9022Republican and Democratic Members of this Committee regarding the basis9023for any good faith delay or denial?9024    Mr. Matthews. If confirmed, I will work with the Office of the9025Inspector General (OIG) to comply with requests in a timely manner. I9026will defer to OIG to keep Congress updated regarding its ongoing9027reviews.90289029    35. Senator Warren. Mr. Matthews, if you are confirmed, will you9030commit to refusing to follow illegal orders from any individual,9031including the President?9032    Mr. Matthews. I do not accept the premise that the President will9033issue me an unlawful order. If confirmed, I will follow the9034Constitution and the law of the United States.90359036    36. Senator Warren. Mr. Matthews, what actions would you take if9037you were given an illegal order from any individual, including the9038President?9039    Mr. Matthews. I do not accept the premise that the President will9040issue me an unlawful order. If confirmed, I will follow the9041Constitution and the law of the United States.90429043    37. Senator Warren. Mr. Matthews, will you commit to testify or9044provide a deposition if you are called upon by Congress to provide a9045deposition voluntarily?9046    Mr. Matthews. I will work to comply with Congress's requests in a9047timely and responsible manner.90489049    38. Senator Warren. Mr. Matthews, will you commit to testify or9050provide a deposition to Congress if you are issued a subpoena to9051testify?9052    Mr. Matthews. I will work to comply with Congress's requests in a9053timely and responsible manner.90549055    39. Senator Warren. Mr. Matthews, will you commit to providing9056information or documents to Congress voluntarily if you are requested9057to do so?9058    Mr. Matthews. I will work to comply with Congress's requests in a9059timely and responsible manner.90609061    40. Senator Warren. Mr. Matthews, will you provide information or9062documents to Congress if you are issued a subpoena?9063    Mr. Matthews. I will work to comply with Congress's requests in a9064timely and responsible manner.90659066    41. Senator Warren. Mr. Matthews, will you commit to following9067current precedent for responding to information requests, briefings,9068and other inquiries from Congress, including the Senate and House Armed9069Services Committees and their minority members?9070    Mr. Matthews. I will work to comply with Congress's requests in a9071timely and responsible manner.90729073    42. Senator Warren. Mr. Matthews, if confirmed, will you commit to9074posting your official calendar monthly?9075    Mr. Matthews. If confirmed, I commit to complying with Freedom of9076Information Act, which covers all agency records to include my official9077calendar.90789079    43. Senator Warren. Mr. Matthews, do you think DOD has an9080overclassification problem? If so, please provide this committee with9081an estimate of the number or percentage of documents that will be under9082your purview that are overclassified or other examples to illustrate9083this problem.9084    Mr. Matthews. I understand the Department has been evaluating9085concerns related to the overclassification of information in9086conjunction with other relevant stakeholders, including the9087congressional defense and intelligence committees. If confirmed, I am9088committed to assessing the information under the Original9089Classification Authority of the DOD General Counsel to ensure it is9090appropriately classified.90919092    44. Senator Warren. Mr. Matthews, to the best of your knowledge, is9093your office or agency identifying records for proactive posting in9094compliance with the Freedom of Information Act? If not, please describe9095how you would ensure that they do so to comply with public records law.9096    Mr. Matthews. To the best of my knowledge, DOD is committed to9097transparency consistent with the law and endeavors to comply with the9098requirement to proactively release records when appropriate under the9099Freedom of Information Act (FOIA).91009101    45. Senator Warren. Mr. Matthews, if confirmed, do you think your9102department should pursue strategic technology to support automated9103declassification?9104    Mr. Matthews. If confirmed, I would support the assessment and9105appropriate use of strategic technology in a manner consistent with the9106law to enable automated declassification.9107                              project 20259108    46. Senator Warren. Mr. Matthews, have you discussed Project 20259109with any officials associated with the Trump campaign, the Trump9110transition team, or other members of the Trump administration? If so,9111please explain what you discussed, when you discussed it, and with whom9112you discussed it.9113    Mr. Matthews. During the transition period and since the beginning9114of the Administration, I have followed standard protocol in9115conversations about my qualifications for this role.91169117    47. Senator Warren. Mr. Matthews, have you discussed Project 20259118with any officials associated with the Heritage Foundation? If so,9119please explain what you discussed, when you discussed it, and with whom9120you discussed it.9121    Mr. Matthews. I have not discussed Project 2025 with any Heritage9122Foundation officials recently.9123                           foreign influence9124    48. Senator Warren. Mr. Matthews, have you received any payment9125from a foreign government or entity controlled by a foreign government9126within the past 5 years?9127    Mr. Matthews. No.91289129    49. Senator Warren. Mr. Matthews, have you communicated with any9130foreign government or entity controlled by a foreign government within9131the past 5 years?9132    Mr. Matthews. I have provided relevant information in connection9133with my security clearance background investigation.91349135    50. Senator Warren. Mr. Matthews, please disclose any9136communications or payments you have had with representatives of any9137foreign government or entity controlled by a foreign government within9138the past 5 years and describe the nature of the communication.9139    Mr. Matthews. N/A.9140               retaliation and protecting whistleblowers9141    51. Senator Warren. Mr. Matthews, do you believe that9142servicemembers, civilians, grantees, and contractors should be9143protected from any form of retaliation for coming forward about an9144illegal order, sexual assault or harassment, negligence, misconduct, or9145any other concern that they wish to raise?9146    Mr. Matthews. Yes. I believe persons who report allegations of9147wrongdoing should be protected from retaliation.91489149    52. Senator Warren. Mr. Matthews, have you ever retaliated against9150any individual for coming forward about an illegal order, sexual9151assault or harassment, negligence, misconduct, or any other concern9152that they wish to raise?9153    Mr. Matthews. No.91549155    53. Senator Warren. Mr. Matthews, if you are confirmed, will you9156commit to protecting whistleblowers? If so, please specify how you will9157do so.9158    Mr. Matthews. Yes. If confirmed, I will commit to protecting9159whistleblowers. I will ensure that the Department of Defense provides9160all the protections to which whistleblowers are entitled under law and9161policy.9162                        impoundment control act9163    54. Senator Warren. Mr. Matthews, on January 27, 2025, President9164Trump's Office of Management and Budget (OMB) issued a memo calling for9165the suspension of all Federal financial assistance programs (excluding9166``assistance provided directly to individuals''). Do you agree with9167OMB's decision to issue this memo?9168    Mr. Matthews. I support the President's efforts to streamline the9169Federal Government and ensure that it is carrying out Federal programs9170in an efficient and economical manner. This is vital given the fiscal9171constraints our country is facing that the President has pointed out,9172and thus to making our national security policies and organizations9173sustainably effective. That said, I am not aware of the how this9174memorandum has been interpreted and applied among the relevant9175executive branch agencies, including DOD. Therefore, I am not in a9176position to provide an informed assessment of the matter. If confirmed,9177however, I would look forward to learning more and helping to9178facilitate solutions that reflect the President's and the Secretary of9179Defense's priorities and are consistent with the law.91809181    55. Senator Warren. Mr. Matthews, do you believe the Secretary of9182Defense has the legal authority to block the disbursement of funds9183appropriated by Congress?9184    Mr. Matthews. I fully acknowledge and respect Congress'9185constitutional role in appropriating funds to be carried out by the9186executive branch for designated purposes. I commit, if confirmed, to9187executing my responsibilities consistent with the Constitution and the9188law. I would ensure that my actions and advice to the Secretary of9189Defense on this matter are informed by the Administration's legal9190positions and the input from experts within my office.91919192    56. Senator Warren. Mr. Matthews, what is your understanding of the9193Impoundment Control Act?9194    Mr. Matthews. My understanding is that Congress passed the9195Impoundment Control Act in 1974. This Act provides a framework for9196handling circumstances in which the President seeks to defer or cancel9197execution of appropriated funds. I commit, if confirmed, to executing9198my responsibilities consistent with the Constitution and the law on9199this matter as on all others. I would ensure that my actions and advice9200to the Secretary of Defense on this matter are informed by the9201Administration's legal positions and the input from experts within my9202office.92039204    57. Senator Warren. Mr. Matthews, do you commit to following the9205Impoundment Control Act?9206    Mr. Matthews. I commit, if confirmed, to executing my9207responsibilities consistent with the Constitution and the law. I would9208ensure that my actions and advice to the Secretary of Defense on this9209matter are informed by the Administration's legal positions and the9210input from experts within my office.92119212    58. Senator Warren. Mr. Matthews, do you commit to notifying the9213Senate and House Armed Services Committees, including the majority and9214minority, if you are asked not to follow the Impoundment Control Act or9215not to expend the money that Congress appropriates or authorizes?9216    Mr. Matthews. I commit, if confirmed, to executing my9217responsibilities consistent with the Constitution and the law. I would9218ensure that my actions and advice to the Secretary of Defense on this9219matter are informed by the Administration's legal positions and the9220input from experts within my office.92219222    59. Senator Warren. Mr. Matthews, the Constitution's Spending9223Clause (Art. I, Sec.  8, cl. 1) and Appropriations Clause (Art. I,9224Sec.  9, cl. 7) give Congress, not the Executive, power of the purse.9225The Supreme Court has unanimously upheld this power. Do you believe9226that impoundments are constitutional?9227    Mr. Matthews. I commit, if confirmed, to executing my9228responsibilities consistent with the Constitution and the law. I would9229ensure that my actions and advice to the Secretary of Defense on this9230matter are informed by the Administration's legal positions and the9231input from experts within my office.92329233    60. Senator Warren. Mr. Matthews, the funding levels in9234appropriations bills passed into law are not targets or ceilings;9235instead, they are amounts the executive branch must spend, unless9236stated otherwise. Congress could-if it wanted the President to have9237discretion-write those amounts as ceilings. Do you agree?9238    Mr. Matthews. I commit, if confirmed, to executing my9239responsibilities consistent with the Constitution and the law, to9240include appropriations legislation. I would ensure that my actions and9241advice to the Secretary of Defense on this matter are informed by the9242Administration's legal positions and advice from the Department's9243General Counsel's office.92449245    61. Senator Warren. Mr. Matthews, what is your understanding of the9246requirements for DOD to obligate funding that Congress authorizes and9247appropriates, in accordance with the time period that Congress deems it9248to do so?9249    Mr. Matthews. I commit, if confirmed, to executing my9250responsibilities consistent with the Constitution and the law on this9251matter as on all others. I would ensure that my actions and advice to9252the Secretary of Defense on this matter are informed by the9253Administration's legal positions and the input from the experts in my9254office.92559256    62. Senator Warren. Mr. Matthews, do you commit to expending the9257money that Congress appropriates and authorizes?9258    Mr. Matthews. I commit, if confirmed, to executing my9259responsibilities consistent with the Constitution and the law on this9260matter as on all others. I would ensure that my actions and advice to9261the Secretary of Defense on this matter are informed by the9262Administration's legal positions and the input from experts within my9263office.92649265    63. Senator Warren. Mr. Matthews, do you commit to following and9266implementing every provision of the annual National Defense9267Authorization Act passed into law?9268    Mr. Matthews. I commit, if confirmed, to execute my9269responsibilities consistent with the Constitution and the law,9270including the National Defense Authorization Acts.92719272    64. Senator Warren. Mr. Matthews, if you became aware of a9273potential violation of the Antideficiency Act, Impoundment Control Act,9274or other appropriations laws, what steps would you take?9275    Mr. Matthews. I commit, if confirmed, to executing my9276responsibilities consistent with the Constitution and the law on this9277matter as on all others. I would ensure that my actions and advice to9278the Secretary of Defense on this matter are informed by the9279Administration's legal positions and the input from experts within my9280office.9281                            right-to-repair9282    65. Senator Warren. Mr. Matthews, if you are confirmed, will you9283commit to ensuring services and components have guidance and necessary9284support to include right-to-repair/technical data rights clauses in9285acquisition contracts that DOD enters into?9286    Mr. Matthews. Yes. Generally speaking, having access to the9287technical data necessary and the required level of accompanying data9288rights to support fielded systems further readiness. However, the9289Department acquires these things under contract with a value attached,9290and it would need to determine on a case-by-case basis whether the9291expense is merited. Ultimately, it is a business decision whether the9292benefits outweigh the costs in a particular acquisition.92939294    66. Senator Warren. Mr. Matthews, if you are confirmed, will you9295commit to ensuring contractors deliver technical data rights to DOD9296when their contract requires it, when DOD pays for it, or when a9297contract allows it?9298    Mr. Matthews. I believe this is a simple matter of contract9299enforcement, rooted in insistence on compliance with the terms of our9300written agreements.93019302    67. Senator Warren. Mr. Matthews, if a contractor refuses to9303provide technical data rights, how will you work to gain those rights?9304    Mr. Matthews. A lawyer's role here is no different than it would be9305in other business disputes: providing well-grounded advice and9306effective advocacy, especially after the point where matters have9307devolved to litigation.93089309    68. Senator Warren. Mr. Matthews, if a company refuses to provide9310DOD technical data rights that DOD believes it is entitled to receive,9311how would you recommend DOD approach future contract negotiations with9312that company?9313    Mr. Matthews. If confirmed, I will assess how the Department has9314handled these situations and the impact of when a company has not9315provided technical data. I understand that the legal scheme associated9316with technical data rights allows for specially negotiated licenses,9317which provide for more nuanced, case-specific licensing than the9318default licensing set out in the regulations. A narrower licensing9319requirement, agreed upon at the time of contract award, should result9320in better contract compliance.93219322    69. Senator Warren. Mr. Matthews, what is your understanding of how9323DOD can use suspension and debarment to advance DOD acquisition and9324policy priorities?9325    Mr. Matthews. The suspension and debarment programs of the9326Department, and across the Executive generally, ensure the Government9327contracts only with presently responsible contractors. This is an9328important measure to ensure that the Department can proceed with9329confidence as it relies on industry to provide the goods and services9330needed to meet mission.93319332    70. Senator Warren. Mr. Matthews, do you support cost-saving legal9333programs such as the Navy's Taxpayer Advocacy Project?9334    Mr. Matthews. If confirmed, I would support programs aimed at9335saving or avoiding costs and entering better business arrangements.93369337    71. Senator Warren. Mr. Matthews, do you commit to convening a9338program similar to the Navy's Taxpayer Advocacy Project to identify9339legal tools to protect DOD interests in acquisition and sustainment9340across DOD?9341    Mr. Matthews. If confirmed, I will consider the benefits of9342establishing such program in the Office of the Secretary of Defense. It9343may be that such programs would have greater effect when they are more9344closely aligned with contracting activities, as now, with the Navy.9345Even if so, if confirmed, I would see that OGC would provide such9346programs all the support and assistance that could come from OSD.93479348    72. Senator Warren. Mr. Matthews, will you commit to conducting an9349assessment of how legal tools can be used to protect DOD interest in9350acquisition and sustainment, the results of which you would make public9351for review by Congress, the public, and the Department of Government9352Efficiency?9353    Mr. Matthews. I understand that this sort of review already takes9354place on a day-by-day, issue-by-issue basis as the acquisition lawyers9355in OGC provide their advice to clients. To the extent this part of the9356ordinary business of OGC, the provision of the results could implicate9357concerns about attorney-client privilege and other strictures on the9358release of information. As such, I do not think it is appropriate to9359commit to the release of these reviews.9360                           acquisition reform9361    73. Senator Warren. Mr. Matthews, what is your understanding of the9362Procurement Integrity Act and your obligations under that law?9363    Mr. Matthews. The Procurement Integrity Act prevents unethical and9364improper practices from influencing Federal procurements by prohibiting9365the disclosure or obtaining source selection information before a9366contract award. This element of the Act serves a critical role in9367ensuring that competitive procurements are run fairly. An additional9368element restricts acceptance of post-government employment compensation9369from contractors by certain former officials. This element serves an9370important role in ensuring conflicts of interest do not taint9371procurement. I consider the Act to be a fundamental part of the bedrock9372shoring up good business in acquisition.93739374    74. Senator Warren. Mr. Matthews, do you believe that it is9375important to be able to assess accurate cost and pricing data from9376contractors, especially for sole-or single-source contracts?9377    Mr. Matthews. Without doubt, the ability of the Department's price9378negotiators to have access to the cost and pricing data needed to place9379them on equal footing with contractors is essential to allowing the9380price negotiators to arrive at a fair and reasonable price with9381conducting sole-source negotiations.93829383    75. Senator Warren. Mr. Matthews, how do you plan to obtain cost9384and pricing data from contractors to determine that the cost of Federal9385contracts is fair and reasonable?9386    Mr. Matthews. Already statute and regulation set out requirements9387for the provision of this data as a condition of a sole-source contract9388award. As I understand the State of play, issues arise not so much9389because of an outright refusal by contractors to provide cost and9390pricing data; rather, disputes arise over the application of exceptions9391for commercial items to the fundamental requirement.93929393    76. Senator Warren. Mr. Matthews, how do you plan to do so in cases9394where contractors refuse or claim they are unable to turn over this9395data?9396    Mr. Matthews. This is a matter of regulatory compliance. It is the9397job of a lawyer in this context to consistently and vigorously advise9398on what the law requires.93999400    77. Senator Warren. Mr. Matthews, if you are confirmed, what steps9401will you take to ensure that contractors are not price gouging or9402overcharging the Federal Government?9403    Mr. Matthews. The determination of whether a contract price is fair9404and reasonable is a business decision and a determination committed to9405the discretion of the contracting officer negotiating the deal. While9406this is not a legal determination, DOD lawyers will assist the9407contracting officer by advising on what the applicable law requires and9408advocating for submission when there is a dispute.94099410    78. Senator Warren. Mr. Matthews, if you are confirmed, will you9411commit to seeking refunds, including voluntary refunds, from9412contractors and companies that overcharge the Federal Government?9413    Mr. Matthews. Yes, if confirmed I will commit to work with clients9414to seek refunds when appropriate.94159416    79. Senator Warren. Mr. Matthews, if so, how do you plan to do so?9417    Mr. Matthews. If confirmed, I will assess on a cases-by-case basis9418to advise on the most appropriate approach.94199420    80. Senator Warren. Mr. Matthews, would it be appropriate for DOD9421to establish program schedules to achieve partisan electoral outcomes?9422    The requirements of acquisition programs, including delivery9423schedules, should be informed by the warfighters' requirements.94249425    81. Senator Warren. Mr. Matthews, should DOD acquisition decisions9426be influenced by partisan political activities?9427    Mr. Matthews. Decisions made about proceeding under any acquisition9428program should be informed by the warfighters' requirements.94299430    82. Senator Warren. Mr. Matthews, should DOD acquisition decisions9431be influenced by individuals with conflicts of interest that involve9432DOD?9433    Mr. Matthews. I understand the serious responsibility to prevent9434conflicts of interest and preserve the integrity of the acquisition9435process. I know that there are statutes and regulations to ensure that9436this does not occur. I am committed to ensuring that the Department9437avoids conflicts of interest and maintains the highest standards of9438ethical conduct.9439                        research and development9440    83. Senator Warren. Mr. Matthews, what should your agency's9441criteria for canceling grants be?9442    Mr. Matthews. The decision to cancel any grant is, at root, a9443decision not made by the General Counsel's office. I envision that my9444role in the context of business decisionmakers making such a policy9445call will be advising whether the considerations underlying any such9446decision, and the end-State decision itself, are legally proper and9447available.94489449    84. Senator Warren. Mr. Matthews, who should be involved in9450decisions to cancel grants?9451    Mr. Matthews. Any decision to terminate a contract or cancel a9452grant is a business decision. As a lawyer, my job is to advise on the9453legal availability and risks associated with making that decision, not9454to make the decision itself.9455         protecting classified information and federal records9456    85. Senator Warren. Mr. Matthews, what is your understanding of the9457need to protect operational security, or OPSEC?9458    Mr. Matthews. Maintaining OPSEC is critical to national security.94599460    86. Senator Warren. Mr. Matthews, what are the national security9461risks of improperly disclosing classified information?9462    Mr. Matthews. The unauthorized disclosure of classified information9463could reasonably be expected to cause some degree of damage to the9464national security.94659466    87. Senator Warren. Mr. Matthews, is it your opinion that9467information about imminent military targets is generally sensitive9468information that needs to be protected?9469    Mr. Matthews. It is my opinion that such information would9470generally be sensitive and must be protected consistent with the9471direction of the Original Classification Authority (OCA) and his or her9472supervisory official who is also an OCA.94739474    88. Senator Warren. Mr. Matthews, what would you do if you learned9475an official had improperly disclosed classified information?9476    Mr. Matthews. I would take action in accordance with law and9477policy, including DOD Manual 5200.01, Volume 3, DOD Information9478Security Program: Protection of Classified Information.94799480    89. Senator Warren. Mr. Matthews, what is your understanding of9481Government officials' duties under the Federal Records Act?9482    Mr. Matthews. My understanding of my duties under the Federal9483Records Act is that, as a public servant, I have a duty to manage the9484work-related records and information I create and receive in accordance9485with the law and applicable policy. I understand that Federal records9486should be accurate, complete, and readily accessible. If confirmed, I9487am committed to complying with the Federal Records Act.94889489    90. Senator Warren. Mr. Matthews, should classified information be9490shared on unclassified commercial systems?9491    Mr. Matthews. No.94929493    91. Senator Warren. Mr. Matthews, under what circumstances should9494improperly sharing classified information on unclassified commercial9495systems be considered grounds for dismissal?9496    Mr. Matthews. Consistent with DOD Manual 5200.01, Volume 3, DOD9497Information Security Program: Protection of Classified Information, the9498prompt reporting of any potential security incidents to the relevant9499security manager is necessary to ensure that such incidents are9500properly investigated and the necessary actions are taken to negate or9501minimize the adverse effects of any actual loss or unauthorized9502disclosure of classified information.95039504    92. Senator Warren. Mr. Matthews, under what circumstances should9505improperly sharing classified information on unclassified commercial9506systems be considered grounds for referral for an administrative or9507criminal investigation?9508    Mr. Matthews. Consistent with DOD Manual 5200.01, Volume 3, DOD9509Information Security Program: Protection of Classified Information, the9510prompt reporting of any potential security incidents to the relevant9511security manager is necessary to ensure that such incidents are9512properly investigated and the necessary actions are taken to negate or9513minimize the adverse effects of any actual loss or unauthorized9514disclosure of classified information.95159516    93. Senator Warren. Mr. Matthews, is it damaging to national9517security if the pilots flying a mission find out that the official who9518ordered them to perform that mission shared sensitive information that9519could have made it more likely that the mission would fail, or they9520would be killed?9521    Mr. Matthews. It is my opinion that such information must be9522protected consistent with the direction of the Original Classification9523Authority (OCA) and his or her supervisory official who is also an OCA.95249525    94. Senator Warren. Mr. Matthews, if you had information about the9526status of specific targets, weapons being used, and timing for imminent9527U.S. strikes against an adversary, under what circumstances would you9528feel comfortable receiving or sharing that information on an9529unclassified commercial application like Signal?9530    Mr. Matthews. If confirmed, I would ensure any information is9531appropriately transmitted pursuant to its classification using the9532proper secure communication platforms.9533                           personnel security9534    95. Senator Warren. Mr. Matthews, what is your understanding of9535DOD's duties and obligations under the Privacy Act?9536    Mr. Matthews. I understand that DOD's general duties and9537obligations under the Privacy Act are to assure that personal9538information is maintained in a manner that precludes unwarranted9539invasions of privacy. Among other things, I understand the Privacy Act9540includes provisions to prevent unauthorized disclosure of such9541information, to allow for appropriate access and amendment by the9542subject of the information, and to provide appropriate transparency as9543to the type of information that is maintained and the uses to which it9544is put.95459546    96. Senator Warren. Mr. Matthews, would it ever be appropriate for9547DOD to provide personal information about members of the military, DOD9548civilians, or DOD contractors to an opposition research firm and under9549what circumstances?9550    Mr. Matthews. No.9551                      base realignment and closure9552    97. Senator Warren. Mr. Matthews, title 10 U.S.C. Sec.  26879553provides specific thresholds and reporting requirements for closing or9554realigning military installations outside of a formal BRAC process. If9555confirmed, how would you advise the Department in determining whether a9556proposed action falls within the scope of section 2687?9557    Mr. Matthews. If confirmed, I will advise the Department on the9558civilian personnel thresholds under section 2687 and whether9559congressional notification is required as part of the budget request9560for authorization of appropriations in accordance with section 2687.95619562    98. Senator Warren. Mr. Matthews, beyond the formal BRAC process,9563what legal factors and risks would you consider when advising the9564Department on using existing statutory authorities--such as Sec. Sec.95652687 and 993--to close or realign installations?9566    Mr. Matthews. If confirmed, I will advise the Department on the9567statutory criteria and requirements to close or realign installations,9568to include compliance with relevant fiscal, environmental and real9569property disposal authorities needed to implement any significant9570basing decision, closure or realignment outside of BRAC.95719572    99. Senator Warren. Mr. Matthews, if confirmed, how would you9573ensure the Department remains in full compliance with statutory9574notification and reporting requirements associated with installation9575closures, force structure changes, or significant personnel movements?9576Please specify how you would ensure timely congressional notification9577under Sec. Sec.  2687 and 993.9578    Mr. Matthews. If confirmed, I will ensure that my office provides9579advice on the statutory procedures related to basing decisions,9580closures or realignments, including the timing and contents of9581congressional notification and reporting under applicable laws such as9582Sec. Sec.  2687 and 993. This would include whether congressional9583notification is required as part of the budget request in accordance9584with section 2687, and notifications under section 993 when there are9585reductions of more than 1,000 military members from an installation.95869587    100. Senator Warren. Mr. Matthews, what legal safeguards would you9588recommend to prevent the circumvention of BRAC through incremental9589actions that might technically avoid statutory thresholds but9590cumulatively have the effect of a closure or realignment?9591    Mr. Matthews. If confirmed, I will work within the Department to9592ensure legal review of all proposed closures or realignments to9593determine whether a proposed action will exceed the civilian personnel9594thresholds under base closure law, and whether prior actions were taken9595within 5 years to reduce the number of civilian personnel below these9596thresholds.95979598    101. Senator Warren. Mr. Matthews, in your role as General Counsel,9599how would you approach advising the Secretary of Defense and the9600Secretary of Energy, Installations, and Environment on legal9601considerations related to pursuing a new round of BRAC?9602    Mr. Matthews. If confirmed, I am committed to assisting the9603Secretary of Defense and the Assistant Secretary of Defense for Energy,9604Installations and Environment (ASD-EIE) to address the broad range of9605legal considerations related to any new BRAC authority. If confirmed, I9606will advise the Department on BRAC procedures, including force9607structure and infrastructure analysis requirements, fiscal rules,9608Department recommendations for closure and realignment, and9609consideration of legal requirements for property disposal including9610environmental liabilities, property sales and local redevelopment.9611                      privatized military housing9612    102. Senator Warren. Mr. Matthews, privatized military housing9613companies have relied on the Federal enclave doctrine to deny military9614members of their tenants' rights. How will you ensure servicemembers'9615have access to safe housing?9616    Mr. Matthews. Servicemembers who are tenants in privatized military9617housing deserve safe, quality housing for themselves and their9618families. If confirmed, I will support the Department's efforts to9619pursue all available mechanisms for holding privatized military housing9620companies to the commitments they made in our legal agreements. I will9621also continue to assist the Department to prioritize the implementation9622of the Tenants' Bill of Rights and Universal Lease Agreement across all9623installations with privatized housing.9624                               war powers9625    103. Senator Warren. Mr. Matthews, what is your understanding of9626the War Powers Resolution and DOD's consultation obligations?9627    Mr. Matthews. I understand the War Powers Resolution prescribes9628that the President ``in every possible instance shall consult with9629Congress before introducing United States Armed Forces into9630hostilities.'' If confirmed, I will advise the Secretary of Defense to9631recommend to the President consultation consistent with the War Powers9632Resolution in appropriate situations.9633    Consistent with the constitutional division of roles, the President9634may direct certain military action pursuant to Article II of the9635Constitution when that action serves an important national interest and9636the reasonably anticipated nature, scope, and duration of the operation9637and any possible responses would not rise to the level of ``war'' under9638the Constitution. I understand this has been the longstanding view of9639both Democratic and Republican administrations across several decades,9640as reflected in a series of opinions by the Department of Justice9641Office of Legal Counsel.96429643    104. Senator Warren. Mr. Matthews, how would you assess DOD's9644compliance with the War Powers Resolution?9645    Mr. Matthews. I am confident Department officials understand and9646appreciate Congress's important role in declaring war and in funding9647the Department's national security operations. If confirmed, I would9648provide advice consistent with the War Powers Resolution.96499650    105. Senator Warren. Mr. Matthews, does the President currently9651have legal authority to initiate military action against Iran or would9652that require explicit congressional authorization?9653    Mr. Matthews. There is no explicit congressional authorization for9654military action against Iran. Consistent with the constitutional9655division of roles between the President and the Congress, even in the9656absence of congressional authorization, the President may direct9657military action that serves an important national interest and does not9658rise to ``war'' under the Constitution, based on the anticipated9659nature, scope, and duration of the operation. Further, the War Powers9660Resolution prescribes that the President ``in every possible instance9661shall consult with Congress before introducing United States Armed9662Forces into hostilities.'' If confirmed, I would apply this framework9663of analysis in advising on any contemplated initiation of military9664action.9665                          domestic deployment9666    106. Senator Warren. Mr. Matthews, if confirmed, will you make sure9667the public knows as much as practicable why and under what authorities9668the Guard is being deployed domestically?9669    Mr. Matthews. If confirmed, I will ensure that the Office of9670General Counsel will support legislative affairs and public affairs9671offices in responding to inquiries regarding the authorities that the9672National Guard are deployed domestically in a federally funded or9673controlled capacity. I also note that the authority used to order9674National Guardsman to full-time duty is typically included on their9675published orders and should be quite clear to the member. Additionally,9676the member is generally free to provide those orders to their9677employers, landlords or others, as the member consents. Finally, in9678case it's helpful, DOD Instruction 1215.06 provides an overview of the9679various authorities that can be used to order the National Guard and9680other Reserve components to full-time operational duty, both9681domestically and abroad.96829683    107. Senator Warren. Mr. Matthews, if confirmed, will you make sure9684the public knows as much as practicable when there are significant9685changes in why and under what authorities the Guard is being deployed9686domestically?9687    Mr. Matthews. Yes, as above, if confirmed, I will commit that my9688office will work with other DOD officials to provide appropriate9689explanations and clarifications to legislative affairs and public9690affairs offices so that DOD can respond as practicably as possible to9691inquiries on the Federal authorities used for National Guard domestic9692operations.96939694    108. Senator Warren. Mr. Matthews, do you support the Department of9695Homeland Security submitting requests for assistance at the southwest9696border from the Department of Defense and the National Guard at least9697180 days in advance?9698    Mr. Matthews. Yes, to the extent that such advance notice is9699practical. We fully understand our partners at DHS may have emergent,9700short-notice requirements for DOD support.97019702    109. Senator Warren. Mr. Matthews, what benefits could advance9703notice from the Department of Homeland Security provide for readiness9704and national security?9705    Mr. Matthews. The more advance notice provided for a request for9706assistance, the more DOD can plan for appropriate support and assess9707what effect such support would have on readiness. Advance notice also9708facilitates a smoother transition to full-time duty for any Reserve9709component personnel who may be needed and called upon to support the9710mission.97119712    110. Senator Warren. Mr. Matthews, Department of Defense Directive97133025.18 ``Defense Support of Civil Authorities'' and Department of9714Defense Instruction 3025.21 ``Defense Support of Civilian Law9715Enforcement Agencies,'' and Joint Publication 3-28 ``Defense Support to9716Civil Authorities'' provide doctrine for planning, conducting, and9717assess defense support of civil authorities. If confirmed, will you9718evaluate whether those policy documents provide sufficient clarity,9719including on emergency authorities, and provide your assessment to this9720committee?9721    Mr. Matthews. Yes. I have personal familiarity these issuances and9722extensive experience supporting DSCA missions. From this knowledge and9723experience, I believe they generally provide sufficient clarity, but I9724am willing to re-evaluate them and provide the committee with a fresh9725assessment. The Office of the General Counsel will continue to work9726closely with the Under Secretary of Defense for Policy and the Chairman9727of the Joint Chiefs of Staff as they evaluate and update these guidance9728documents for the Department.97299730    111. Senator Warren. Mr. Matthews, Department of Defense Directive97313025.18 ``Defense Support of Civil Authorities'' and Department of9732Defense Instruction 3025.21 ``Defense Support of Civilian Law9733Enforcement Agencies,'' and Joint Publication 3-28 ``Defense Support to9734Civil Authorities'' provide doctrine for planning, conducting, and9735assess defense support of civil authorities. If confirmed, will you9736evaluate whether those policy documents provide adequate procedures to9737inform the public about the authorities, mission, and duration for9738domestic deployments and provide your assessment to this committee?9739    Mr. Matthews. Yes. If confirmed, I am willing to evaluate these9740documents and provide an assessment. The Office of the General Counsel9741will continue to work closely with the Under Secretary of Defense for9742Policy and the Chairman of the Joint Chiefs of Staff as they evaluate9743and update these guidance documents for the Department.97449745    112. Senator Warren. Mr. Matthews, what is your understanding of9746the training provided to the National Guard for Federal standing rules9747for the use of force on domestic military deployments?9748    Mr. Matthews. It is my understanding that the training National9749Guard (NG) members receive on the DOD/Federal standing rules for the9750use of force (SRUF) for domestic operations would be the same (or based9751on the same) training that Federal military forces, including other9752Reserve component personnel, would receive in preparation for a Federal9753mission. Generally, DOD SRUF would only apply to NG personnel on Active9754Duty orders (i.e., performing Federal missions in a title 10, U.S.9755Code, duty status). By contrast, for NG personnel in a State duty9756status and performing State militia missions (or in a title 32, U.S.9757Code, duty status), training on the use of force would vary and depend9758on the State rules for the individual State NG or the RUF that is9759agreed upon by States when operating in a different State (e.g., an9760Emergency Management Assistance Compact action during domestic9761response). A notable exception regarding the officials who determine9762RUF is the DC National Guard, which falls under a separate chain of9763command under the President through the Secretary of Defense when DC NG9764personnel are operating in a militia (i.e., performing duty under title976532, U.S. Code) rather than Federal service capacity.97669767    113. Senator Warren. Mr. Matthews, is there any distinction in the9768standing rules of force for the National Guard during domestic military9769deployments when in ``title 10'' status versus when operating under9770State or ``title 32'' status?9771    Mr. Matthews. Yes. In a title 10, U.S. Code, duty status, National9772Guard (NG) personnel fall under the command and control (C2) of the9773President, Secretary of Defense, and the Active component chain of9774command. The rules for the use of force (RUF) for a title 10 mission9775would be based on the standing Federal RUF in accordance with DOD9776Directive 5210.56, ``Arming and the Use of Force,'' and CJCS9777Instruction 3121.01B, ``Standing Rules of Engagement/Standing Rules for9778the Use of Force for U.S. Forces.'' In a State Active Duty status or a9779title 32, U.S. Code, duty status, NG personnel fall under the C2 of9780their Governor and have a State chain of command. In these ``non-9781Federalized'' statuses, the RUF would be based on State law and policy.9782A notable exception regarding the officials who determine RUF is the DC9783National Guard, which falls under a separate chain of command under the9784President through the Secretary of Defense when DC NG personnel are9785operating in a militia (i.e., performing duty under title 32, U.S.9786Code) rather than Federal service capacity.9787                               __________9788             Questions Submitted by Senator Tammy Duckworth9789         legal independence of judge advocate general community9790    114. Senator Duckworth. Mr. Matthews, what is your perspective on9791the recent dismissals of senior Judge Advocate General (JAG) officers,9792and what do you believe is the impact on legal independence and9793accountability within the military justice system?9794    Mr. Matthews. I was not privy to the reasons the Secretary9795requested nominations for the Army and Air Force Judge Advocates9796General. I believe that the President acted within his authority in9797this action. The Judge Advocates General provide independent legal9798advice to the leadership of their respective Military Departments.9799Under the law, an officer or employee of DOD cannot interfere with that9800advice. If confirmed, I will comply with the law and I will work with9801them to promote the interests of justice as well as the lethality and9802readiness of our forces. I am confident that our Judge Advocates, both9803at headquarters and in the field, will continue to provide their best9804legal advice in support of the military justice system, and if9805confirmed I will ensure their voices are heard.98069807    115. Senator Duckworth. Mr. Matthews, do you believe current9808whistleblower protections in the Department are sufficient?9809    Mr. Matthews. Yes. If confirmed, I will ensure the Department9810provides all the protections to which whistleblowers are entitled under9811law and policy.9812                  disclosure of classified information9813    116. Senator Duckworth. Mr. Matthews, what is the normal process9814after the Department becomes aware of indications that classified or9815sensitive defense or intelligence information has been found in the9816public sphere?9817    Mr. Matthews. Consistent with DOD Manual 5200.01, Volume 3, DOD9818Information Security Program: Protection of Classified Information, the9819prompt reporting of any potential security incidents to the relevant9820security manager is necessary to ensure that such incidents are9821properly investigated and the necessary actions are taken to negate or9822minimize the adverse effects of any actual loss or unauthorized9823disclosure of classified information.98249825    117. Senator Duckworth. Mr. Matthews, would you hold senior9826officials who violate protections of sensitive information to the same9827standard as junior soldiers and civilians?9828    Mr. Matthews. Yes.9829                             accountability9830    118. Senator Duckworth. Mr. Matthews, do you commit that your9831decisions will be communicated through official, secure channels and9832properly documented for both oversight and institutional memory?9833    Mr. Matthews. If confirmed, I will comply with the applicable laws9834and policies concerning official communications and retention of9835government records.98369837    119. Senator Duckworth. Mr. Matthews, would you follow an illegal,9838unlawful, or immoral order?9839    Mr. Matthews. I will not follow an illegal or unlawful order.9840                         law of armed conflict9841    120. Senator Duckworth. Mr. Matthews, during your testimony you9842criticized the restrictiveness of rules of engagement and asserted that9843they make commanders more risk averse--describe your understanding of9844the Law of Armed Conflict and the role of Rules of Engagement?9845    Mr. Matthews. During my testimony, I observed that during the past9846couple of decades of counter-insurgency and counter-terrorism9847operations, rules of engagement (ROE) have sometimes been employed that9848are more restrictive than what is permissible under the law of war.9849    ROE reflect legal, policy, and operational considerations. ROE may9850restrict actions that would be lawful under the law of war, but may not9851permit actions prohibited by the law of war. ROE can be used as part of9852the implementation of U.S. law of war obligations during military9853operations by, for example, directing compliance with specific law of9854war rules or providing procedures that facilitate compliance, such as9855procedures for making judgments about the proportionality of a planned9856attack.9857    During my testimony, I also observed that the culture in which9858commanders have been operating can be risk averse. Although legal9859advisers support the commander in issuing ROE, including by advising on9860the consistency of the ROE with the law of war, the commander decides9861what ROE to issue, which reflect his or her military and policy9862judgments about how to weigh various risks (for example, risk to9863mission accomplishment, risks to the force, risks of civilian9864casualties).98659866    121. Senator Duckworth. Mr. Matthews, do you think explicit rules9867of engagement protect our servicemembers from moral injury?9868    Mr. Matthews. U.S. servicemembers should understand that their9869actions under rules of engagement are lawful and ethical. They should9870understand that such actions are in the service of our country and9871justified under the law of war.9872                               __________9873               Questions Submitted by Senator Mark Kelly9874                          chief legal officer9875    122. Senator Kelly. Mr. Matthews, the United States is a party to a9876large number of treaties and other international agreements governing9877military operations, arms control, aerospace and maritime activities,9878and a host of other matters. What is your view of the role of this body9879of international law on the conduct of DOD?9880    Mr. Matthews. Treaties to which the United States is a party are9881part of U.S. law under the Constitution. International law governing9882DOD activities articulates rights, duties, and liabilities of DOD in9883relation to other countries. Treaties governing military operations,9884such as the Charter of the United Nations or the 1949 Geneva9885Conventions, often codify core principles like self-defense and humane9886treatment of detainees that are part of the Department's core values.9887These and other treaties, such as Status of Forces Agreements, can also9888provide important protections for DOD personnel abroad or otherwise9889facilitate the Department's activities in defense of the Nation and9890advance important U.S. national interests.98919892    123. Senator Kelly. Mr. Matthews, as chief legal officer, you also9893serve as DOD's Chief International Agreements Officer. In that role,9894will you provide oversight of DOD's compliance with U.S. law regarding9895international agreements?9896    Mr. Matthews. Yes. In the NDAA for fiscal year 2023, Congress9897established a requirement that all Federal departments and agencies9898appoint a Chief International Agreements Officer, to help ensure9899compliance with statutory obligations under the Case Act. In 2024, the9900Department of Defense designated the General Counsel of the Department9901of Defense as the Chief International Agreements Officer. If confirmed9902as General Counsel, I would work closely with the State Department to9903ensure that all DOD components comply with their obligation to transmit9904binding international agreements, for transparency and oversight by9905Congress.99069907    124. Senator Kelly. Mr. Matthews, will you provide legal advice9908encouraging DOD's compliance with international and domestic law?9909    Mr. Matthews. Yes.99109911    125. Senator Kelly. Mr. Matthews, as the General Counsel you will9912be responsible for overseeing DOD's lawyers, to include adherence to9913professional responsibility standards, how do you intend to ensure that9914all DOD attorneys provide sound legal advice that is free from9915political influence?9916    Mr. Matthews. If confirmed, I would be responsible for establishing9917professional responsibility standards for the civilian attorneys under9918my supervision and for overseeing adherence to these standards, in9919accordance with DOD Directive 5145.01 and DOD Instruction 1442.02. If9920confirmed, I will implement these rules to ensure legal services are9921provided with the highest degree of professionalism. I expect all9922attorneys in the Department to continue to provide principled counsel9923to their organizational clients, consistent with these authorities and9924the requirements of an individual attorney's licensing jurisdiction.99259926    126. Senator Kelly. Mr. Matthews, it would also be your role to9927provide sound legal advice to the Secretary of Defense on military9928justice matters. How will you ensure the Department and its leaders9929follow the laws of the United States?9930    Mr. Matthews. If confirmed, I will provide my best legal advice to9931the Secretary on military justice matters. I will also support and seek9932to empower our judge advocate colleagues who regularly advise on such9933matters so that they can provide their best legal advice in support of9934decisionmakers.99359936    127. Senator Kelly. Mr. Matthews, oversight over the Department's9937actions is critical for ensuring that its leaders do in fact follow the9938law. Will you agree to protect the independence of the Department of9939Defense Inspector General and their office?9940    Mr. Matthews. Yes.9941  relationship with the military service judge advocates general and9942                         special trial counsel9943    128. Senator Kelly. Mr. Matthews, as chief legal officer, you are9944responsible for providing advice to the Secretary of Defense on all9945military justice matters requiring his attention. However, the members9946of the Service JAG Corps are responsible for advising commanders in9947their exercise of prosecutorial discretion over military members9948assigned to their commands.9949    Mr. Matthews. Special Trial Counsel (STCs) are judge advocates who9950occupy an independent role in the prosecution of certain ``covered''9951offenses under the Uniform Code of Military Justice. They exercise9952independent prosecutorial discretion over these offenses and alleged9953offenders. Will you ensure STCs are able to exercise independent9954prosecutorial discretion over the offenses assigned to them by law,9955without political or command influence?9956    If confirmed, I will strive in my actions and words to support and9957respect the independent prosecutorial discretion of the Special Trial9958Counsel. My advice and counsel will always be to follow the law, in9959this and all areas.99609961    129. Senator Kelly. Mr. Matthews, will you agree to advise the9962Secretary that he may do nothing to actually influence or appear to9963influence the conduct of any military justice proceeding unless he is9964willing to exercise convening authority himself?9965    Mr. Matthews. While I do not anticipate this scenario arising, my9966advice and counsel will always be to follow the law.9967                      law and military operations9968    130. Senator Kelly. Mr. Matthews, will you agree to support and9969defend the role of judge advocates in advising commanders on whether9970their operations comply with U.S. and international law?9971    Mr. Matthews. Yes.99729973    131. Senator Kelly. Mr. Matthews, will you encourage commanders to9974seek the legal advice of their judge advocates in all cases where legal9975considerations bear on their decisions or actions?9976    Mr. Matthews. Yes.9977                                 ______99789979    [The nomination reference of Mr. Earl G. Matthews follows:]99809981    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]99829983                                 ______99849985    [The biographical sketch of Mr. Earl G. Matthews, which was9986transmitted by the Committee at the time of the nomination was9987referred, follows:]99889989    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]9990                                 ______99919992    [The Committee on Armed Services requires all individuals9993nominated from civilian life by the President to positions9994requiring the advice and consent of the Senate to complete a9995form that details the biographical, financial, and other9996information of the nominee. The form executed by Mr. Earl G.9997Matthews in connection with his nomination follows:]99989999    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1000010001                                 ______1000210003    [The nominee responded to Parts B-F of the Committee10004questionnaire. The text of the questionnaire is set forth in10005the Appendix to this volume. The nominee's answers to Parts B-F10006are contained in the Committee's executive files.]10007                                 ______1000810009    The nomination of Mr. Earl G. Matthews was reported to the10010Senate by Chairman Wicker on May 1, 2025, with the10011recommendation that the nomination be confirmed. The nomination10012was confirmed by the Senate on July 29, 2025.]1001310014    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1001510016                                ------1001710018    [Prepared questions submitted to Mr. Dale Marks by Chairman10019Wicker prior to the hearing with answers supplied follow:]1002010021                        Questions and Responses10022                       duties and qualifications10023    Question. What is your understanding of the duties and10024responsibilities of the Assistant Secretary of Defense for Energy,10025Installations, and Environment (ASD(EI&E))?10026    Answer. The mission of the Assistant Secretary of Defense for10027Energy, Installations, and Environment (ASD EI&E) is to provide safe,10028resilient, and robust platforms, enabling the warfighter to execute10029their mission, train, conduct maintenance, and support servicemember10030families.10031    Question. What background and experience do you possess that10032qualify you to perform the duties and functions of the ASD(EI&E)?10033    Answer. I have a deep understanding of the EI&E mission across its10034multifaceted portfolio through almost 25 years of experience in uniform10035as a strategist and planner and almost 10 years as a Federal civilian.10036My experience has ranged from leading teams conducting installation10037complex encroachment management action plans to address issues10038negatively impacting military missions and surrounding communities to10039completing the first in-depth process review of wind farms and their10040impacts on military missions for Congress, which led to the creation of10041the Department of Defense (DOD) Siting Clearinghouse. I've also led10042portions of Service budget prioritizations and successfully supported10043these programs during cost assessment and program evaluation.10044    Question. In particular, what management and leadership experience10045do you possess that would apply to your service as ASD(EI&E), if10046confirmed?10047    Answer. I have been privileged to lead teams large and small from10048the Pentagon down to the installation level. During my time as the10049Chief of Staff in Afghanistan, I held responsibility for the management10050and sustainment for actions across the mission. I've also led complex10051teams in support of Homeland Defense under the North American Aerospace10052Defense Command (NORAD)/United States Northern Command (USNORTHCOM) and10053have been honored to support senior leaders at all levels within the10054Department. As the current senior civilian at Eglin Air Force Base, I10055lead a team of over 10,000 in developmental test and evaluation while10056simultaneously managing the stewardship, investments, and innovation of10057over 726 square miles of land range and over 124,000 square miles of10058over-water range, while collaborating with each of the Services and10059over 35 tenant organizations.10060    Question. Do you believe that there are any actions you need to10061take to enhance your ability to serve as the ASD(EI&E)?10062    Answer. Each experience throughout my military and civilian career10063has prepared me to assume the duties of the ASD(EI&E). As a lifelong10064learner, and if confirmed, I remain open to interactions with Congress10065and other organizations, public and private, that would increase my10066understanding of this diverse portfolio.10067    Question. If confirmed, what actions would you take to develop and10068sustain an open, transparent, and productive relationship between your10069office and Congress, and the Senate Armed Services Committee, in10070particular?10071    Answer. If confirmed, I will ensure there is a continual exchange10072of ideas and information to support and assist Congress in its10073oversight role of the Department's programs through regular and10074recurring engagements and dialog.10075                         conflicts of interest10076    Question. Federal ethics laws, to include 18 U.S.C. Sec. 208,10077prohibit government employees from participating in matters where they,10078or certain family members or organizations with which they have certain10079relationships, have a financial interest.10080    Do you agree, without qualification, if confirmed, to disclose any10081potential conflicts of interest, including investments, business ties,10082family relationships, or other connections that could be perceived as10083influencing your decisionmaking?10084    Answer. I agree to comply with all conflicts of interest disclosure10085requirements set forth in the Ethics in Government Act and implementing10086regulations.10087    Question. Do you agree, without qualification, if confirmed, that10088if a conflict of interest arises, you will recuse yourself from10089participating in any relevant decisions regarding that specific matter?10090    Answer. I agree to comply with all recusal requirements under 1810091U.S.C. Sec.  208 and implementing regulations.10092    Question. Do you commit, without qualification, if confirmed, to10093decisionmaking on the merits and exclusively in the public interest,10094without regard to private gain or personal benefit?10095    I commit to deciding matters on the merits based on the public10096interest, without regard to any private gain or personal benefit.10097                            major challenges10098    Question. In your view, what are the major challenges that confront10099the ASD(EI&E)?10100    Answer. Though I have not been confirmed and do not have a detailed10101appreciation of the many complex issues facing ASD (EI&E), my initial10102assessment is that the following concerns have significant impacts on10103its portfolio: budgetary constraints and making the best use of limited10104resources, installation resilience against threats regardless of the10105source (natural or manmade), real property management and the10106associated costs, aging and outdated infrastructure and its direct10107impact on readiness, and energy resilience both at home and in10108expeditionary environments. All of these are underpinned by the10109evolving security environment and the need for installation readiness10110to confront all challenges.10111    Question. If confirmed, what actions would you take, in what order10112of priority, and on what timeline--to address each of these challenges?10113    Answer. My priorities, if confirmed, would include a portfolio10114review to better understand the specific challenges facing ASD EI&E. I10115would focus on implementing priority changes based on influencing the10116next Future Years Defense Program.10117                  2022 national defense strategy (nds)10118    Question. The 2022 NDS designates China as the pacing challenge for10119the United States, but it also states that Russia remains an acute10120threat to U.S. national interests. In addition, the Department must10121also manage the persistent threats posed by rogue regimes and violent10122extremist organizations.10123    In your view, how does the Office of the ASD(EI&E) directly support10124the NDS?10125    Answer. Practically everything DOD does in some form is directly10126touched or influenced by ASD EI&E, which in turn supports the National10127Defense Strategy. The office protects and sustains warfighter readiness10128by strengthening strategic and operational capacity, reducing costs,10129and increasing lethality by providing policy and governance for10130programs and activities that enable resilience for systems and10131installations.10132    Question. In your view, what Department of Defense infrastructure10133and military construction investments would be necessary for the Joint10134Force to prevail in great power competition?10135    Answer. The two main investments needed to prevail in great power10136competition are resilience and efficiency. Resilience investments are10137necessary to ensure that our infrastructure and military construction10138are ready when called upon to support the warfighter in whatever10139mission capacities are required. Efficiency ensures our military10140construction and infrastructure are affordable, have a low operating10141cost over time, and remain robust and relevant in the long term to10142support the warfighter requirements where and when needed. We cannot10143overlook opportunities to fully integrate our mutual efforts to provide10144the greatest return on those investments.10145               military housing privatization initiative10146    Question. In the Fiscal Year 1996 National Defense Authorization10147Act (NDAA), Congress established the Military Housing Privatization10148Initiative (MHPI), providing the Department of Defense (DOD) with the10149authority to obtain private-sector financing and management to repair,10150renovate, construct, and operate military housing. DOD has since10151privatized 99 percent of its domestic housing. In 2019, the Senate10152Armed Services Committee held three hearings to address concerns voiced10153by military families living in privatized housing that the program has10154been grossly mismanaged by certain private partners, that military and10155chain of command oversight were non-existent, and that in speaking out10156about the appalling condition of the quarters in which they lived, they10157were opening themselves to reprisal.10158    What are your impressions of the overall quality and sufficiency of10159DOD family housing, both in the United States and overseas?10160    Answer. I understand that the overall goal of DOD's housing program10161is to ensure that servicemembers have access to safe, quality, family10162housing, whether in the U.S. or overseas. I am concerned that DOD may10163lack sufficient affordable accompanied and unaccompanied housing. If10164confirmed, I will ensure that we have the appropriate oversight10165mechanisms in place to hold both the Military Departments and housing10166providers to the quality standards that our servicemembers deserve.10167    Question. What are your views of the current goals and structure of10168the DOD's military housing privatization program?10169    Answer. I believe the overarching goals and structure of the10170Department's military housing program--supported by the significant10171MHPI reform actions Congress enacted in recent NDAAs--properly support10172the Department's efforts to provide day-to-day oversight of this10173portfolio, including the Military Housing Privatization Initiative.10174However, there is always room for improvement. If confirmed, I will10175review the Department's MHPI program goals and oversight structure to10176ensure the Department provides quality housing for military families10177and holds MHPI companies accountable for complying with project legal10178agreements.10179    Question. What efforts has DOD taken to address servicemember and10180family member concerns regarding the untenable living conditions10181prevalent in certain privatized housing locales?10182    Answer. It is my understanding that, in addition to issuing the10183MHPI Tenant Bill of Rights and working with the MHPI companies to10184obtain their voluntary agreement to implement these rights at nearly10185all installations with privatized housing, the Department has10186implemented numerous other reforms such as establishing a Chief Housing10187Officer and Deputy Assistant Secretary for Housing, establishing10188resident advocates, implementing new housing standards and inspection10189requirements, launching a publicly available resident complaint data10190base, and other measures. If confirmed, I will ensure that the10191Department continues to improve the safety, quality, and habitability10192of privatized housing, and to further enhance the Department's10193oversight of the MHPI program and projects.10194    Question. If confirmed, what would you do to ensure accountability10195among DOD leaders for oversight of the privatized housing program?10196    Answer. I recognize the importance of holding DOD leadership10197accountable for providing appropriate oversight of the privatized10198housing program, as envisioned at the beginning of the MHPI program. If10199confirmed, I will ensure that DOD leadership at all levels provides10200necessary oversight to ensure that MHPI projects deliver safe, quality10201housing for servicemembers and their families and that they hold the10202MHPI companies accountable for project performance in accordance with10203project legal agreements. In addition, I will fully support the10204inclusion of MHPI program oversight as a performance measure for DOD10205civilian and military leaders with DOD housing oversight10206responsibilities.10207    Question. If confirmed, what would you do to improve applicable10208business operations constructs and vest accountability in MHPI10209contractors for strict compliance with the terms of their public-10210private partnership agreements with the Department of Defense?10211    Answer. The success of the Military Housing Privatization10212Initiative relies, in part, on the MHPI companies and projects abiding10213by the terms of the project ground lease and associated legal10214agreements that comprise the project deal structures, and for those10215deal structures to incentivize good performance. If confirmed, I will10216request that Military Departments review the MHPI project legal10217agreements to ensure that they are enforcing existing standards of10218performance and to identify any areas where they should seek10219renegotiation of the terms of those agreements to incorporate clear and10220enforceable performance standards at the appropriate lowest level, and10221penalty provisions for failure to meet performance standards.10222    Question. What are your views of the efficacy of the MHPI reforms10223enacted in the Fiscal Year 2020 NDAA, as amended by subsequent NDAAs?10224    Answer. These reforms, especially the implementation of the MHPI10225Tenant Bill of Rights, have been transformative in ensuring DOD takes10226necessary actions to improve the MHPI program and to rebuild trust,10227which creates a positive living experience for servicemembers and their10228families. If confirmed, I will embrace my responsibilities as the DOD10229Chief Housing Officer to oversee the Department's implementation of any10230remaining MHPI reforms and to hold DOD leadership and the private10231sector MHPI companies accountable for their project oversight and10232performance.10233    Question. What do you believe to be the root causes of the MHPI10234crisis?10235    Answer. I understand that there was inadequate privatized housing10236oversight compared to what was originally envisioned at the outset of10237the MHPI program, which included exercising authorities in the project10238legal agreements to hold the MHPI companies accountable for project10239performance. If confirmed, I am committed to providing rigorous10240oversight in my role as the Department's Chief Housing Officer, and to10241ensuring the Military Departments hold MHPI companies accountable for10242providing safe, quality housing for servicemembers and their families10243that is responsive to any concerns raised by servicemembers and their10244families.10245    Question. Do you believe the DOD has rectified these problems,10246notwithstanding Congress's continued receipt of complaints from10247military families?10248    Answer. I believe the Department has made significant progress in10249rectifying the underlying oversight issues that caused the MHPI housing10250crisis, including implementing the MHPI Tenant Bill of Rights at nearly10251100 percent of military installations with privatized housing. However,10252I also believe there is room for additional improvement, including10253implementing the remaining reforms. If confirmed, I will work with the10254Military Departments in my capacity as the Chief Housing Officer to10255ensure they continue to implement required reforms that will strengthen10256their oversight, hold MHPI housing companies accountable, and provide10257safe, quality housing for servicemembers and their families.10258    Question. If not, what would you do differently to address this10259issue, if confirmed?10260    Answer. I believe in a proactive approach. If confirmed, I will10261work in my capacity as the Chief Housing Officer to ensure the10262Department of Defense continues to strengthen its oversight10263responsibilities and hold MHPI housing companies accountable for10264addressing complaints from military families.10265    Question. What role would you establish for yourself, if confirmed,10266in ensuring that the Department of Defense's use of direct hire10267authority to fill vacancies in military installation housing offices10268results in the timely hire of highly qualified individuals to perform10269these critical duties?10270    Answer. The MHPI housing crisis was due, in part, to reduced10271oversight of the privatized housing projects. I understand that the10272Military Departments have since hired more than 600 additional housing10273staff to provide necessary MHPI project oversight. If confirmed, I will10274ask the Military Departments to provide an update on their housing10275manpower requirements and take action as necessary to ensure they10276utilize all available and appropriate hiring authorities to augment10277staffing at their installation housing offices.10278    Question. If confirmed, how would you view and order your10279relationship with the private contractors who own and manage the10280privatized housing agreements with the DOD?10281    Answer. I believe in a proactive approach based on open10282communication. The Chief Housing Officer is responsible for oversight10283of all aspects of the MHPI program. If confirmed, I will ensure that10284the Military Departments exercise all available authorities within the10285project legal agreements to hold MHPI companies accountable for10286providing safe, quality housing for servicemembers and their families.10287    Question. What do you view as your obligations to these partners?10288    Answer. The Chief Housing Officer must ensure that the Military10289Departments adhere to the terms of the MHPI project legal agreements10290and provide appropriate oversight staff and support for the full10291implementation of the Tenant Bill of Rights. If confirmed, I will10292expand opportunities for open lines of communication and increased10293visibility with each of the private sector MHPI companies and support10294and encourage their efforts to improve their respective privatized10295housing portfolios, while also working with the Military Departments to10296hold MHPI companies accountable for providing a positive living10297experience for servicemembers and their families.10298    Question. What do you view as your obligations to the10299servicemembers and family members who reside in military housing?10300    Answer. Servicemembers and their families expect and deserve a safe10301and secure place to live in return for the sacrifices they make for our10302Nation. If confirmed, my priority as the Department's Chief Housing10303Officer will be to ensure the Department of Defense meets its10304obligation to provide members of the armed forces and their families10305with access to safe, quality, affordable housing.10306    Question. What are your views on establishing command10307accountability by having MHPI issues become a part of the performance10308evaluations of base commanders and their senior enlisted counterparts?10309Do you believe that both civilian and uniformed individuals should be10310held accountable for failures?10311    Answer. I believe accountability is a critical core value for any10312organization and that all personnel, whether civilian or uniformed10313service, should be held accountable for their performance. If10314confirmed, I will fully support the inclusion of MHPI oversight10315responsibilities as a performance metric to be considered as part of10316performance evaluations for base commanders and their senior enlisted10317counterparts. I will also support granting commanders the requisite10318authorities and resources at the appropriate lowest level for10319supervision and oversight.10320    Question. Given the challenges associated with the MHPI, do you10321support the further privatization of the Military Service lodging10322facilities?10323    Answer. If confirmed, I would want to have a better understanding10324of the details of this practice and other business models that could10325enhance military service lodging to explore best practices to improve10326the efficiency and quality of these programs. Local conditions should10327always inform decisions on this matter.10328                      base realignment and closure10329    Question. In past years, DOD has requested congressional10330authorization to conduct another Base Realignment and Closure (BRAC)10331round.10332    Do you believe another BRAC round is necessary? If so, why?10333    Answer. While I am aware the Department of Defense has excess10334infrastructure capacity, I am currently not in a position to fully10335understand how the Department's real property portfolio aligns with10336current and future needs across the Military Departments. I believe10337that BRAC is one of many tools available to address underutilized and10338excess infrastructure. If confirmed, I would also work closely with10339Congress to shape the definition, goals, and authorities required if10340BRAC was deemed necessary.10341    Question. Were Congress to authorize another BRAC round, what is10342your understanding of the responsibilities that would be assigned to10343the ASD(EI&E) for formulating BRAC recommendations? If confirmed, how10344would you plan to execute these responsibilities?10345    Answer. In my opinion, EI&E is the appropriate office within the10346Department to oversee and facilitate a BRAC round should it be10347authorized by Congress. The Secretary and other senior leaders, such as10348the Chairman of the Joint Chiefs and the Secretaries of the Military10349Departments, would set the strategic framework and determine the final10350recommendations. Implementing BRAC requires coordination with the10351Military Departments, Combatant Commands, and other appropriate10352stakeholders. It will be executed in accordance with the BRAC10353authorization enacted by the National Defense Authorization Act.10354    Question. If confirmed, specifically what would you do to improve10355the accuracy of DOD excess capacity estimates?10356    Answer. Decision-quality data is necessary to make informed10357decisions about the Department's excess capacity. If confirmed, I will10358work with the Military Departments, Combatant Commands, and other10359appropriate stakeholders to ensure the Department undertakes the10360necessary analyses to have a full understanding of its excess capacity.10361    Question. How would you undertake execution of these10362responsibilities?10363    Answer. If confirmed, I would rely on a range of subject matter10364experts to assess the Department's infrastructure needs and review10365available options to properly align the infrastructure with the10366mission. I would coordinate with all Military Departments, Combatant10367Commands, and appropriate stakeholders to ensure that any10368recommendations are consistent with the National Defense Strategy and10369meet all legislative requirements.10370    Question. If confirmed, and if Congress were to authorize another10371BRAC round, how would you go about setting priorities for10372infrastructure reduction and consolidation within the DOD?10373    Answer. If confirmed, I will work closely with the Military10374Departments, Combatant Commands, and other appropriate stakeholders to10375determine the best approach to BRAC implementation, while ensuring that10376all BRAC recommendations meet NDAA requirements and enhance10377installation military value to support mission requirements and the10378National Defense Strategy.10379    Question. With a view to helping DOD measure its reduction of10380excess infrastructure, would there be value--in any future BRAC round--10381in setting targets for eliminating excess capacity, in your view?10382    Answer. If confirmed, I will work with the Military Departments,10383Combatant Commands, and other appropriate stakeholders to assess excess10384capacity. Based on this assessment, the Department can determine if10385there is value in setting an infrastructure reduction target or whether10386it is better to have flexibility to focus on broader policy objectives.10387    Question. It has been noted repeatedly that the 2005 BRAC round10388resulted in significant unanticipated implementation costs and saved10389far less money than originally estimated.10390    Do you believe such issues could be anticipated and addressed10391suitably in a future BRAC round, and if so, how?10392    Answer. It is my understanding that the BRAC 2005 round had high10393implementation costs due to its transformational nature, including10394deliberate decisions to build new infrastructure at locations that10395received missions from closed or realigned installations. If confirmed,10396I will examine ways to better anticipate costs, project savings, and10397meet the goals established by the BRAC authorization.10398    Question. What is your view of the efficacy of DOD's process of10399``bundling'' multiple stand-alone realignments or closures into a10400single BRAC recommendation? How does ``bundling'' affect visibility10401into the estimated costs and savings generated by an individual closure10402and realignment?10403    Answer. If confirmed, I will review the efficacy of how past10404realignments or closures were recommended to the BRAC commission. I am10405committed to ensuring cost and savings are clearly justified and10406visible as part of BRAC implementation and may require a more detailed10407approach.10408    Question. What steps has the DOD taken to share with the Military10409Departments and Services its ``lessons learned'' from the environment10410remediation in support of the redevelopment of military bases closed10411under BRAC--particularly with respect to the remediation of emerging10412contaminants?10413    Answer. I understand that OSD and the Military Departments have10414issued numerous policies and guidance that take into account ``lessons10415learned'' across the environmental remediation programs, including10416those related to the remediation of emerging contaminants. If10417confirmed, I will seek a better understanding of how ``lessons10418learned'' are incorporated into future actions affecting the10419redevelopment of closed military bases.10420    Question. If confirmed, and if Congress were to authorize another10421BRAC round, how would you apply these ``lessons learned'' proactively10422to new realignments and closures?10423    Answer. If confirmed, I will examine ways to better anticipate10424costs, project savings, meet the goals established by the BRAC10425authorization and promulgate comprehensive DOD guidance to new10426realignments and closures.10427               installation modernization and resilience10428    Question. Decades of underinvestment in DOD installations has led10429to substantial backlogs in facilities maintenance, while making it more10430difficult for DOD to leverage new technologies that could enhance10431installation efficiency and productivity. Yet, the quality of10432installation resilience directly impacts the entire spectrum of10433military operations--from force development through power projection,10434interoperability with partner nations, and force sustainment--while10435providing an appropriate quality of life for servicemembers and their10436families.10437    In your view, does the DOD receive adequate funding for its10438installations? Please explain your answer.10439    Answer. The continuing challenge is to balance warfighter10440capability with installation support to enhance lethality. I recognize10441that the Department must prioritize its limited resources across a wide10442range of critical priorities. If confirmed, I will work with the10443Military Departments, Combatant Commands, and other appropriate10444stakeholders to analyze funding allocations for installations to gain a10445comprehensive understanding of resources versus the requirements. If10446there is not adequate funding for installations, I would recommend an10447increase of resources to address deficiencies in a prioritized and10448systematic manner consistent with need.10449    Question. In your view, how is the readiness of DOD installations10450linked to the readiness and lethality of the Armed Forces?10451    Answer. In my view, the installation is the weapons system and is10452foundational to the readiness and lethality of the force. They serve as10453initial maneuver platforms from which the Department can deploy troops10454around the globe and coordinate and control various mission-related10455functions for those units once deployed. This makes our installations10456critical to providing a distinct advantage to our warfighters over our10457adversaries.10458    Question. If confirmed, do you have specific plans to leverage10459infrastructure and modernization to improve the quality of life for DOD10460servicemembers and their families?10461    Answer. If confirmed, I plan on collaborating within DOD and with10462industry experts on what measures could be taken to apply modernization10463to installations that will increase the Quality of Life for our10464servicemembers and their families. I will also work with Military10465Departments to get an understanding of how to effectively support the10466forces through expediting the clearance of maintenance backlog and the10467streamlined incorporation of innovative technologies available to10468increase facility efficiency and mission productivity.10469    Question. The Department has the goal of a 90 percent funding10470requirement for Facilities Sustainment, Restoration, and Modernization10471(FSRM). This goal does not buy down risk on the billions of dollars of10472backlogged projects, however. The Fiscal Year 2025 NDAA mandated that10473each military department achieve a minimum 4 percent plant replacement10474value by 2030 with smaller metrics to be met beginning in 2027.10475    If confirmed, how will you ensure this 4 percent requirement is met10476and the outdated culture of meeting 90 percent of a 100 percent10477requirement is met? Please explain your answer.10478    Answer. This issue will not improve over time, underscoring the10479tensions between warfighter requirements and aging infrastructure. I10480also understand this is an issue important to Congress. If confirmed, I10481will assess the Department's approach to prioritizing and funding10482investments in our infrastructure. Working with the Military10483Departments, Combatant Commands, and appropriate stakeholders, I will10484develop Department-level guidance and oversee infrastructure10485investments in execution to ensure the money is spent on the10486appropriate priorities. I will work with organizations across the DOD10487and Congress to balance increasing funding and reducing unneeded10488infrastructure to ensure investments enhance military readiness and10489warfighter lethality.10490    Question. In recent years, the Department has responded to10491committee requests for information saying the Department would be in10492favor of a multi-year FSRM budget to align with the authorization time10493of the military construction authorization of 3 years.10494    What is your view of moving FSRM from a 1-year authorization to a104953-year authorization? What benefits would be realized from such a move?10496    Answer. The potential benefits of a move to 3-year authorization10497include a better planning and execution period, budget predictability10498and stability, and alternate execution opportunities, which could be10499more attractive to DOD business partners. While moving to a 3-year FSRM10500authorization could provide some benefit to the Department, I believe10501the Department should move forward cautiously to determine the added10502value of a longer authorization. Specific performance, execution, and10503delivery metrics would be necessary to ensure that 3-year money is10504spent as intended. I understand the Commission on Programming,10505Planning, Budgeting, and Execution (PPBE) Reform presented a case study10506in their report that examined the limitations of FSRM as a 1-year10507appropriation. I commit to reviewing their findings.10508    Question. If confirmed, would you advocate for this change10509throughout the Department of Defense?10510    Answer. If confirmed, I would advocate for the Department to10511evaluate all options with regard to enhancing the flexibility and10512increasing the efficiency of FSRM funding. This may include a series of10513pilots to be executed with oversight from my office to determine the10514overall value of increasing the availability period. I believe that10515oversight and accountability of resources allocated for facility10516sustainment, restoration, and modernization are critical in a resource-10517strained environment. I will work with all stakeholders to ensure these10518funds are managed appropriately and effectively.10519    Question. Military Construction (MILCON) accounts have failed to10520see the same amount of growth over the last several years as have other10521accounts such as procurement and research and development.10522    If confirmed, what arguments would you advance to advocate for10523additional MILCON dollars during budget builds? Please be descriptive.10524    Answer. If confirmed, I would focus on the key enabling role our10525infrastructure plays in supporting our Armed Forces and advocate for10526additional infrastructure investments through all funding sources,10527including MILCON. I would highlight the Department's investments in the10528IndoPacific, critical DOD infrastructure, and shipyards as good10529examples of missions that require immediate MILCON investments to10530increase our readiness and warfighting capabilities to enhance10531lethality.10532    Question. The DOD defines ``installation resilience'' as the10533capability of a military installation to avoid, prepare for, minimize10534the effect of, adapt to, and recover from extreme weather events, or10535from anticipated or unanticipated changes in environmental conditions.10536The range of threats against which a military installation must10537maintain resiliency is ever--growing, including: cyber threats,10538physical attacks, political influence, and extreme weather events.10539    Given the 2022 NDS, what priority in the DOD program would you10540accord the survivability of DOD expeditionary advanced bases, forward10541operating bases, and other locations?10542    Answer. The survivability and credibility of our DOD forward10543presence are essential to Joint deterrence and lethality. If confirmed,10544I will work with my counterparts in OSD, the Joint Staff, the Services,10545and the Combatant Commands to ensure the Department has a network of10546bases that can withstand cyber, kinetic, and extreme weather-related10547risks, and fully support warfighting requirements.10548    Question. What is your understanding of the Department's efforts to10549assess and prioritize facility requirements for prepositioned forward10550fuel, stocks, and munitions, as well as to generate options for non-10551commercially dependent distributed logistics and maintenance--all to10552ensure logistics sustainment in the face of persistent multi-domain10553attack?10554    Answer. It is my understanding that the facility requirements10555supporting logistics sustainability are assessed by the Combatant10556Commands and prioritized through a collaborative engagement with10557stakeholders. If confirmed, I will work with the Assistant Secretary of10558Defense for Sustainment, our Combatant Commands, the Joint Staff, the10559Defense Logistics Agency, and other appropriate stakeholders to assess10560and prioritize the facility requirements for supporting logistics10561sustainment.10562    Question. How is DOD addressing significant challenges with10563resilient storage for new generations of high-yield munitions in10564theater?10565    Answer. While I am not completely familiar with all aspects of new10566generations of munitions, I am generally aware that there is a need to10567modernize and improve munition storage facilities in theater. If10568confirmed, I will work closely with the Services and Combatant Commands10569to address these challenges.10570    Question. In your view, how can the capability and capacity of10571ordnance magazines at ordnance installations be enhanced--with a view10572to ensuring the most efficient resupply of war fighters and minimizing10573strategic lift requirements?10574    Answer. If confirmed, I will work closely with the Services and10575Combatant Commands to evaluate new and emerging technologies to adopt10576the most efficient and effective strategies and facilities to better10577support our Warfighters.10578                         extreme weather events10579    Question. Section 2801 of the fiscal year 2020 NDAA required each10580major military installation to include military installation resilience10581in each installation's military plan.10582    If confirmed, how would you ensure these plans are completed and10583shared with this Committee?10584    Answer. Military installations serve as force and power projection10585platforms and thus must be resilient to kinetic, cyber, and extreme10586weather-related risks. If confirmed, I will work across the Department10587to assess and mitigate extreme weather-related impacts on operations.10588This will include completing the military installation resilience10589portion of the Installation Master Plans and sharing those plans in a10590manner consistent with the law and the Secretary's direction.10591    Question. In 2018 alone, extreme weather caused roughly $9.010592billion in damage at military bases across the United States.10593    How would you assess the readiness and resource impacts on the DOD10594from recent extreme weather events?10595    Answer. Installations are essential to supporting a trained, ready,10596and deployable force. I understand from my time at both Tyndall and10597Eglin Air Force Bases how extreme weather events can have a sharp and10598sustained impact on the ability of an installation to effectively carry10599out military missions. Actions that support rapid recovery from10600kinetic, cyber, and extreme weather events send a clear message of10601deterrence to potential adversaries. If confirmed, I will focus the10602Department's efforts on a risk-informed approach to assess the10603readiness and resource impacts on DOD from recent extreme weather10604events.10605    Question. In your view, how can the DOD best mitigate risks to10606Department missions and infrastructure associated with extreme weather10607events?10608    Answer. To effectively mitigate risks from extreme weather events,10609the Department should leverage validated solutions developed through10610research and development programs that provide cost-effective10611approaches for infrastructure and installation resilience. By10612continuing to invest in innovative research and demonstration programs10613that draw on top talent from industry, universities, and Federal10614partners, we can ensure our installations maintain mission readiness10615while adapting to increasing extreme weather challenges. If confirmed,10616I will focus the Department's efforts using a risk-informed approach10617that emphasizes lethality and operational resilience.10618    Question. If confirmed to be the ASD(EI&E), how would you update10619the DOD Building Requirements Unified Facilities Criteria to10620incorporate designs more resilient to the effects of extreme weather10621events to ensure that MILCON-funded structures exist and remain fully10622functional for their intended lifecycles?10623    Answer. Construction projects are expected to last decades and can10624have significant near-and long-term impacts. While project expediency10625is critical, I am committed to assessing and mitigating near-and long-10626term consequences to military readiness for our servicemembers and10627their families. If confirmed, I will work with organizations across DOD10628to assess and refine the current Building Requirements Unified10629Facilities Criteria.10630                           energy resilience10631    Question. It is essential that the DOD maintain the capability to10632sustain critical operations in the event of intentional and10633unintentional grid outages.10634    If confirmed, what would you do to inculcate energy resilience as a10635mission assurance priority for the DOD?10636    Answer. Energy resilience is key to maintaining the readiness of10637our installations and posture. If confirmed, I will work with my10638counterparts in the Military Departments, Combatant Commands, defense10639agencies, and interagency partners to continue to identify energy10640resilience gaps for critical missions and prioritize DOD investments in10641energy projects based on mission assurance assessments.10642    Question. If confirmed, what steps would you take to direct the10643execution of projects (MILCON or non-DOD funded) to fill gaps in10644individualized Installation Energy Plans, to oversee the execution of10645these projects, and to identify and remediate resilience gaps both on-10646and off-DOD installations?10647    Answer. If confirmed, I will continue to make individualized10648Installation Energy Plans the foundation of DOD planning for energy10649resilience investments and work with the Military Departments and10650Combatant Commands to prioritize the planning and execution of MILCON-10651funded projects based on contribution to mission assurance for the DOD10652enterprise. I would also work with others across DOD, the interagency,10653local communities, and industry to identify and address energy10654resilience gaps ``off the installation,'' and pursue opportunities10655available to address resilience gaps both on and off DOD installations.10656    Question. In your view, how can the DOD better integrate energy10657security and resilience as standard components of its MILCON projects10658and programs?10659    Answer. It is my understanding that the Department leverages the10660Energy Resilience and Conservation Investment Program (ERCIP) as the10661primary mechanism for enhancing installation energy resilience via10662MILCON appropriations. If confirmed, I will work with the Military10663Departments, Combatant Commands, and other appropriate stakeholders to10664seek opportunities to integrate energy security and resilience into10665DOD's MILCON projects and programs, such as ERCIP.10666    Question. In your view, how can DOD and Joint Force training10667exercises and wargames better incorporate real-world scenarios10668regarding energy-related threats and constraints--such as the10669availability of fuel in the IndoPacific and assessing black start10670abilities in response to a cyberattack on commercial electric grids?10671    Answer. In my view, effective DOD and Joint Force training10672exercises and war gaming depend on robust and well-developed scenarios10673that reflect real-world threats to energy security. If confirmed, I10674will work to ensure that well-developed and validated scenarios10675reflecting these threats are made available for and integrated with war10676gaming and training exercises with the appropriate stakeholders and10677interagency partners. If confirmed, I also will direct that the lessons10678learned from black start exercises and cybersecurity readiness10679resilience exercises are reflected in these real-world scenarios to10680identify potential risks to energy the IndoPacific and other theatres.10681    Question. Given the DOD's dependence on non-DOD energy sources, how10682can the public and private sectors best be integrated in installation10683resilience plans and programs to reduce vulnerabilities, add10684redundancy, or improve energy management?10685    Answer. If confirmed, I will join with my counterparts across DOD10686and the interagency to continue to work with utility providers and10687other industry partners to identify energy resilience vulnerabilities10688and develop cost-efficient and innovative solutions to reduce10689vulnerabilities and add redundancy where needed. Given DOD's position10690as one of the world's largest energy customers and its critical10691dependence on commercial power, I will work to increase DOD's use of10692public-private partnerships via programs like the Environmental10693Security Technology Certification Program (ESTCP); leverage third-party10694financing authorities, such as energy performance contracting, that10695rely on private financing to reduce vulnerabilities and improve10696resilience and energy management; and leverage programs through the10697Office of Local Defense Community Cooperation that can serve as10698resources for communities and installations to partner together to10699address known vulnerabilities through the planning and construction of10700infrastructure enhancements--to include energy-related projects.10701    Question. In your view, is the use of stationary micro-reactors a10702workable option to provide long-term energy resiliency to U.S.-based10703DOD installations?10704    Answer. On-site nuclear power provides a significant opportunity10705for the Department to enhance deterrence, increase lethality, and10706improve the energy resilience at our installations through firm base10707load power. The Department of Defense is pioneering microreactors with10708Project Pele, which will be the first Generation IV nuclear reactor10709constructed outside of China when it turns on in the next few years. If10710confirmed, I will work to support the formulation of additional reactor10711programs across the services for future installation energy needs.10712    Question. What is your understanding of the initiatives, if any,10713the DOD is undertaking with respect to development of long duration10714grid batteries for use on bases?10715    Answer. As I understand it, the Department works closely with the10716Department of Energy to jointly fund and execute demonstrations of10717various long-duration energy storage technologies. These technologies10718include electrochemical storage and thermal energy storage options. If10719confirmed, I would also work with industry and academic partners to10720explore energy storage technology to improve installation resilience10721against cyber, kinetic, and weather-related risks.10722                authorities to improve energy resilience10723    Question. DOD and the Military Departments can use any number of10724authorities and mechanisms to pursue distributed energy projects that10725improve installation resilience, increase readiness and mission10726assurance, and offer long-term cost savings. These include: Inter-10727Government Support Agreements, Other Transaction Authority, Utility10728Privatization, Energy Savings Performance Contracts (ESPCs), Utility10729Energy Service Contracts, Enhanced Use Leases, and the Defense10730Community Infrastructure Program. ESPCs, in particular, are required by10731law to deliver cost savings, yet the number of energy contracts have10732decreased significantly over the last several years. If contracts are10733written properly, non-DOD-funded mechanisms are excellent ways to lock10734in cost savings for 25 years, increase resilience, modernize10735infrastructure, and diversify energy sources.10736    If confirmed, what steps would you take to streamline the process10737of writing and awarding contracts that will improve mission assurance10738through the various DOD energy offices?10739    Answer. I understand the Department is working to improve its10740overall acquisition processes in order to get mission-relevant10741solutions ``down range'' faster. This includes the energy solutions10742that power our platforms, formations, and installations. If confirmed,10743I will ensure the Department utilizes all available acquisition10744authorities and I will explore potential new methods of acquisition to10745improve budget execution to enhance infrastructure resilience and10746energy security.10747    Question. In your view, how can the DOD improve its use of the10748previously mentioned authorities to secure access to advanced energy-10749related technologies and concepts, including cyber-secure microgrids?10750    Answer. It is my understanding that, in alignment with various10751statutory and policy imperatives, DOD is favoring the development of10752resilient and cybersecure microgrids on its installations. Through10753microgrids, DOD has the opportunity to ensure military installations10754have reliable energy to power their missions during prolonged grid10755disruptions or cyber incidents. I also understand the Department10756continues to leverage Other Transaction Authorities and third-party10757financing authorities to implement modern and advanced energy10758technology solutions, including advanced nuclear and advanced10759geothermal technologies. If confirmed, I look forward to better10760understanding how the Department can better leverage these alternative10761financing authorities to address its mission's needs.10762    Question. What is your understanding as to why the number of non-10763DOD funded energy contracts have decreased over the last several years,10764and if confirmed, what recommendations, if any, would you have to10765ensure DOD secures utility savings for must-pay bills?10766    Answer. I understand that energy contracts at DOD installations are10767increasingly complex, addressing resilience and incorporating10768cybersecurity while relying on energy and water cost savings to fund10769much-needed improvements. In my view, utility costs are expected to10770increase; however, using third-party financed energy contracts could10771help mitigate future price increases, and the Department could leverage10772those utility cost savings to drive infrastructure modernization,10773increase resilience, and enhance energy security.10774                           areawide contracts10775    Question. The Fiscal Year 2024 National Defense Authorization Act10776included language providing the Department with explicit authority to10777use Areawide Contracts (AWCs) to procure utility services. AWCs are10778master services agreements with pre-negotiated terms and conditions10779that allow utilities to provide services in a fast, efficient, and10780cost-effective manner. Despite this clear authority, the Department is10781failing to consistently use AWCs in a manner consistent with the10782legislation.10783    What is your view of AWCs, and if confirmed, do you commit to10784follow the statute and issue guidance that allows the use of AWCs to10785more rapidly initiate and execute energy resilience projects?10786    Answer. I appreciate Congress' recognition of AWCs' value and the10787additional potential available by using them. I understand these10788contracts are already used to some extent across DOD, freeing up10789significant financial resources for other priorities. However, I10790believe there may be additional capabilities that these contracts can10791provide the Department with more widespread usage and additional10792training. If confirmed, I will explore additional opportunities to10793leverage AWCs to bolster DOD energy resilience and security, as part of10794a more proactive toolkit of streamlined resources to rapidly initiate10795and execute energy resilience projects.10796                           operational energy10797    Question. The Department defines operational energy as the energy10798required for training, moving, and sustaining military forces and10799weapons platforms for military operations, including the energy used by10800tactical power systems, generators, and weapons platforms. On the10801battlefield of the future, warfighters will need exponentially more10802energy with rapid recharge and resupply over longer operating10803distances. The quality of electricity will matter too--the DOD's10804vehicles, sensors, robots, cyber forces, directed energy weapons, and10805artificial intelligence will be controlled by systems sensitive to10806fluctuations in voltage or frequency.10807    If confirmed, what priorities would you establish for DOD10808investments in operational energy technologies to increase warfighter10809combat capabilities and reduce logistical burdens?10810    Answer. In my view, addressing operational energy requirements10811remains one of the biggest warfighting challenges in the EI&E10812portfolio. If confirmed, my priority would be to align the Department's10813operational energy innovation initiatives with the priorities set by10814the President and the Secretary of Defense. I will align energy10815innovation for both the Administration's key areas of interest and the10816DOD Operational Energy Strategy to support the development of the10817power, energy and thermal management, controls, distribution, and10818storage solutions to support Warfighter combat capabilities and defense10819of the Homeland from threats by peer, near-peer, and rogue adversaries.10820    Question. In what specific areas do you believe the DOD needs to10821improve the incorporation of operational energy considerations and10822distributed energy resources into strategic planning processes?10823    Answer. In a contested environment, the availability of energy to10824the Joint force cannot be guaranteed. If confirmed, I will ensure that10825DOD understands and incorporates energy constraints into operational10826planning and addresses those gaps throughout requirements, acquisition,10827and Planning, Programming, Budgeting, and Execution (PPBE) processes.10828    Question. How can DOD acquisition systems better address10829requirements related to the use of energy in military platforms to10830decrease risks to warfighters?10831    Answer. Given the impact of energy on mission effectiveness and10832cost, energy supportability requirements should be an integral part of10833weapons system development and acquisition. If confirmed, I will10834prioritize strengthening the integration of the Energy Key Performance10835Parameter (KPP) and energy supportability considerations throughout the10836requirements, acquisition, and sustainment process aligned with10837priorities set by the President and the Secretary of Defense. This10838commitment is driven by the statutory requirements in 10 USC Sec.  291110839and the necessity of ensuring our forces have a secure and reliable10840energy supply in contested environments.10841    Question. In your view, how can energy supportability that reduces10842contested logistics vulnerabilities become a key factor in the10843requirements process?10844    Answer. Clearly defined and data-backed energy-related capability10845requirements are crucial for the development of energy-supportable10846systems that are able to operate over long distances in austere10847environments. If confirmed, I will work with the Military Departments,10848Combatant Commands, and other appropriate stakeholders to better align10849analyses in the requirements process with the statutorily required10850energy key performance parameter.10851    Question. How can the DOD broadly include operational energy10852improvements in its weapons platforms?10853    Answer. Operational energy must be integrated throughout the10854lifecycle of a program, from requirements development and system design10855through sustainment and modernization. If confirmed, I will work to10856ensure programs assess the benefit of operational energy innovation and10857improvements during the analyses of alternatives, detailed design, and10858operations, and as part of system modernization or significant10859overhauls.10860    Question. In your view, how can the DOD better leverage10861advancements in data analytics and associated technologies to improve10862commanders' visibility into fuel consumption by the force?10863    Answer. The Department recognizes the critical need for improved10864visibility into fuel consumption across the Joint Force. Leveraging10865advancements in data analytics offers a significant opportunity to10866enhance operational endurance and readiness. If confirmed, I envision a10867future where real-time data, coupled with predictive analytics and10868machine learning, empowers commanders at all levels with actionable10869insights.10870                          energy conservation10871    Question. What do you perceive to be the core elements of an10872effective energy conservation strategy for the DOD?10873    Answer. An effective DOD energy conservation strategy requires a10874multi-pronged approach, prioritizing mission assurance while promoting10875innovation and collaboration. Key elements include data-driven10876decisionmaking through robust energy monitoring, aggressive adoption of10877efficient technologies, cultivating a culture of conservation to reduce10878consumption, fostering strategic partnerships, and prioritizing10879lifecycle cost analysis in procurement. Bolstering resilience through10880onsite generation and enhanced grid security is paramount.10881    Question. What do you perceive to be the most achievable and10882realistic energy conservation goals for the DOD?10883    Answer. In my view, at minimum, leveraging Installation Energy and10884Water Plans and the resulting energy project planning and10885prioritization will strike the right balance between resilience and10886conservation while exploring additional opportunities. These plans10887drive a more integrated and systematic approach to energy management10888through informed energy planning and support a more holistic energy10889plan with input from stakeholders. If confirmed, I will review10890opportunities to apply enabling authorities, such as the Energy Act of108912020, to address energy conservation opportunities and progress toward10892energy reduction goals at installations.10893    Question. What do you consider to be a ``stretch goal'' for DOD10894energy conservation?10895    Answer. Any energy conservation effort the Department pursues10896should focus on measures that enhance warfighter effectiveness, mission10897support, and lower life-cycle costs. Energy conservation should not10898come at the expense of lethality.10899    Question. If confirmed, what specific actions would you take to10900reach these goals, and how would you measure your progress?10901    Answer. If confirmed, I will assess the Department's approach to10902prioritizing and funding energy efficiency and conservation10903investments. Trends in energy consumption and performance need to be10904compared to near-, mid-, and far-term requirements for resilience and10905mission capabilities. If confirmed, I would work with key energy10906stakeholders to develop a data-informed approach to measure and achieve10907energy conservation goals.10908    Question. In your view, what has been the impact of the current DOD10909energy conservation goals? Please explain your answer.10910    Answer. In my view, energy conservation has increased energy10911efficiency, enhanced the resilience of our installations, reduced10912utility costs, and mitigated future price risks. By applying energy10913conservation measures to improve energy performance, I understand the10914Department has achieved notable reductions in water and electrical10915consumption.10916                            water resilience10917    Question. A secure and reliable supply of water is essential to the10918Department of Defense's ability to perform its critical missions on10919installations and in support of operational deployments.10920    If confirmed, how would you lead the DOD in developing a10921comprehensive water strategy that addresses research, acquisition,10922training, and organizational issues?10923    Answer. Consistent access to water is essential to building and10924maintaining military strength and lethality. Water is critical to10925supporting the warfighter, protecting health, conducting mission-10926essential operations, and sustaining the defense industrial base. If10927confirmed, I will continue the Department's work to improve resilient10928installation capabilities that reduce risk and allow for quick recovery10929from disruptions.10930    Question. What actions has the DOD already undertaken to improve10931access to sustainable water sources in drought-prone areas across the10932United States and the globe, and with what result?10933    Answer. As I understand it, the Department evaluates installations'10934water source conditions to identify risks to water under adverse10935conditions such as wildfire and drought. The DOD also manages water10936resources serving installations in the western U.S. and tracks water10937rights to promote water security and maintain a competitive advantage.10938The collection and management of water rights support DOD's mission by10939supporting planning, preparing, and providing for an adequate water10940supply and proactively addressing current and potential curtailments.10941    Question. What progress is the DOD making in developing and10942implementing a technology roadmap to address capability gaps for water10943production, treatment, and purification?10944    Answer. It is my understanding that DOD is integrating data on10945water availability, quality, and infrastructure conditions to identify10946areas where technology or resources are lacking, enabling more targeted10947investments in innovative solutions. Once areas are identified, this10948data will support water resilience and infrastructure investments.10949    Question. What actions has the DOD undertaken to improve water10950conveyance systems to reduce loss, recapitalize aging infrastructure,10951and meet installation mission requirements?10952    Answer. As I understand it, DOD has developed the Water Management10953and Security Assessment that centralizes installation water resilience10954data, including those about aging infrastructure and leak detection.10955Assessment results support risk-informed prioritization of actions to10956ensure installation water security and strategically focus investments.10957If confirmed, I will continue to support water resilience efforts that10958build military strength and lethality.10959                         emerging contaminants10960    Question. Per-and Poly fluoroalkyl substances (PFAS) contamination10961associated with military chemical spills and past use of AFFF are a10962concern for Congress, DOD, and military families.10963    If confirmed, what role would you establish for the ASD(EI&E) in10964addressing potential PFAS contamination at DOD installations and10965operational platforms?10966    Answer. I understand Congress codified the DOD PFAS Task Force in10967the law and established the ASD(EI&E) as the chair in 2021. If10968confirmed, I will ensure that DOD continues to aggressively address10969PFAS in a comprehensive manner across the Department while working with10970the interagency and community partners.10971                       environmental restoration10972    Question. Funding for the DOD's environmental restoration program10973remains a significant part of the DOD's overall environmental program10974budget.10975    What do you see as the main priorities for environmental cleanup10976and restoration in the context of the DOD program?10977    Answer. I understand the Department has made significant progress10978over the years to address contamination from its past activities, and10979there is still work to be done.10980    If confirmed, I will prioritize high-risk locations. The main10981priorities for environmental cleanup will include areas with the10982highest risk to human health and locations where cleanup will provide10983additional lands to support the DOD mission.10984    Question. If confirmed, what specific steps would you take to10985ensure that the DOD continues to program, budget, and execute adequate10986funding to permit cleanups under the Installation Restoration and10987Military Munitions Remediation Programs so that they continue apace?10988    Answer. If confirmed, I will work with the Military Departments to10989ensure these important programs receive appropriate support through the10990programming, budgeting, and execution process.10991                 encroachment on military installations10992    Question. Competition for space and other forms of encroachment10993continue to challenge the resiliency of DOD ranges and amplify the need10994for larger hazard areas to execute training, attesting, and operations10995to meet NDS requirements.10996    In your view, can virtual testing and training solutions contribute10997to the DOD's ability to meet capability requirements and mitigate the10998adverse effects of encroachment? If so, how.10999    Answer. In my opinion, the Department's test and training complexes11000are national treasures and vital to warfighter readiness and lethality.11001Virtual solutions can never fully replace physical ranges, but they can11002enhance and augment test and training capabilities and remain an11003important tool for research, development, and operational effectiveness11004and efficiency.11005    Question. If confirmed, how would you contribute to the DOD in11006projecting future operations, testing, and training range requirements?11007    Answer. If confirmed, I will work within the Department and with11008the Combatant Commands to evaluate/determine future operations,11009testing, and training range requirements and ensure that the assets11010supporting these requirements are protected. I would explore expanding11011programs such as the Readiness and Environmental Protection Integration11012(REPI) program to protect future operations, testing and training11013ranges. REPI enables DOD to work with other Federal agencies, State,11014and local partners to protect assets such as critical air space from11015incompatible development.11016    Question. How would you structure your role as the ASD(EI&E), if11017confirmed, with respect to engaging with communities surrounding DOD11018ranges and training areas, to address and resolve concerns, while11019ensuring the resilience of range capabilities?11020    Answer. Community engagement is an important aspect of EI&E's11021work--the Department lives and works within the local community. I11022believe the various programs under the Office of Local Defense11023Community Cooperation, specifically the Installation Readiness Program,11024the Readiness and Environmental Protection Integration (REPI) program,11025and the Defense Community Infrastructure Program (DCIP) offer some of11026the best means for engaging the community. Collaboration with the local11027community fosters cooperation with military installations to enhance11028the military mission and enrich the community.11029    Question. If confirmed, how would you address the challenging11030demands for compensation for noise impacts being levied by communities11031surrounding DOD installations?11032    Answer. The Community Noise Mitigation Program--which supports the11033installation of insulation for some communities impacted by military11034fixed-wing aviation noise--is a tool that the Department can use to11035work with specific communities to address these types of problems. If11036confirmed, I will work to see what approaches can help alleviate noise11037concerns while ensuring DOD mission success.11038    One significant tool the DOD can use to mitigate impacts of base11039encroachment and preserve natural habitat buffers to bases is the11040Readiness and Environmental Protection Integration Program. Another11041avenue to mitigate potential conflicts between base radar and energy11042development is software updates and the modernization of radars, which11043are often paid for by energy developers.11044    Question. If confirmed, what new ideas would you propose as means11045for addressing this issue?11046    Answer. If confirmed, I will work with interagency and11047intergovernmental partners at the Federal, State, and local levels, as11048well as with industry, to identify new and innovative approaches to11049ensure the continuity of DOD's mission and readiness while also11050ensuring critical energy development. I will focus the Department's11051efforts on finding solutions through early engagement and identifying11052areas of concern that emphasize military lethality, and work to keep11053those areas and capabilities unimpeded, alongside industry if11054applicable.11055    Question. If confirmed, what policies or steps would you take to11056balance the tradeoff between energy development, radar modernization,11057and impact on operations and training?11058    Answer. If confirmed, I will work with the Military Departments,11059intergovernmental partners, industry, and academia to integrate efforts11060and identify sustained radar updates and modernization solutions to11061defend the Homeland against adversarial attacks. I will engage11062proactively with industry to overcome radar interference through early11063engagement on the identification of areas of concern that emphasize11064military lethality and work to keep those areas and capabilities11065unimpeded.11066                      real property accountability11067    Question. DOD manages a portfolio of real property assets that, at11068last report included about 586,000 facilities--including barracks,11069maintenance depots, commissaries, and office buildings. The combined11070replacement value of this portfolio is almost $1.2 trillion and11071includes about 27 million acres of land at nearly 4,800 sites11072worldwide. This infrastructure is critical to maintaining military11073readiness. Since 1997, DOD Infrastructure Management has been on the11074Government Accountability Office (GAO) ``High Risk List.''11075    If confirmed as the ASD(EI&E), what actions would you take to11076better align infrastructure to changing DOD force structure needs?11077    Answer. If confirmed, I will work with the Military Departments and11078Combatant Commands to explore all options to enhance the Department's11079ability to restore lethality to our forces in the most efficient way11080possible, including examining how our current infrastructure is11081supporting the operational requirements of the warfighter.11082    Question. Is DOD's joint basing program currently achieving its11083goals, in your view? What additional opportunities exist, if any, to11084reduce duplication of effort? If confirmed as ASD(EI&E), what actions11085would you take to avail the Department of such opportunities?11086    Answer. If confirmed, I plan to partner with the Military11087Departments and Combatant Commands to assess the effectiveness of the11088joint basing program. Through this assessment, I believe we can11089identify opportunities to improve the program's effectiveness and11090reduce duplication of effort while enabling the important missions that11091call these joint bases home.11092    Question. Do you believe the DOD currently maintains excess11093infrastructure overseas? Please explain your answer. How would you seek11094to address the number, placement, and mission assurance of overseas11095infrastructure, if confirmed?11096    Answer. I am not currently in a position to determine how much, if11097any, excess infrastructure the Department maintains overseas. Decision-11098quality data is necessary to make informed decisions about the11099Department's excess overseas capacity. If confirmed, I will work with11100the Military Departments, Combatant Commands, and other appropriate11101stakeholders to ensure the Department undertakes the necessary analyses11102to ensure our overseas infrastructure efficiently and effectively11103supports force posture, mission requirements, and National Defense11104Strategy implementation.11105    Question. If confirmed as the ASD(EI&E), how would you go about11106relocating functions from commercial leased space to existing space on11107a DOD installation--reducing leases and better utilizing excess space?11108    Answer. 1f confirmed, I will work with the Military Departments,11109Defense Agencies, the Government Services Agency, DOD Field Activities,11110and other appropriate stakeholders to smartly identify opportunities to11111relocate functions from commercial leased spaces to existing space on11112DOD installations while ensuring minimal disruption to operations. I am11113committed to improving the utilization of our existing space and11114reducing unnecessary expenditures on leases.11115    Question. In November 2018, GAO reported that DOD's Real Property11116Assets Data base contained inaccurate data and lacked completeness: DOD11117was missing utilization data for about 93,600 facilities.11118    In your view, what are the key components of a sound and11119sustainable process to account for the existence and status of the11120DOD's real property assets?11121    Answer. A sustainable real property accounting process for DOD11122requires visibility to support informed decisionmaking. Visibility11123relies on detailed, accurate, and consistent data collection through11124regular inventories and condition assessments that reflect capabilities11125on the ground. Beyond clear DOD guidance, I believe a key component of11126this process is consolidating data from different real property records11127into a single, comprehensive data base. Such a system should provide11128sufficient tracking, reporting, and lifecycle cost analysis11129capabilities to enable informed decisionmaking.11130    Question. The cost of construction in remote overseas locations is11131particularly expensive. When these locations are designated as11132accompanied tours, this cost is magnified by requirements for support11133facilities such as schools, larger hospitals, and family housing units.11134    What is the value in designating remote locations as accompanied11135tours, in your view?11136    Answer. It is my understanding that this designation is designed to11137increase the quality of life for servicemembers and families by11138providing continuity of operations in remote areas, decreasing family11139separations, and reducing staff separations. If confirmed, I will11140consult with the Department's subject matter experts in the Office of11141the Undersecretary of Defense for Personnel & Readiness to assess the11142value and the cost of designating remote locations as accompanied11143tours.11144    Question. In your view, what is the appropriate mechanism for11145deciding whether the value of accompanied tours in this context11146outweighs the cost associated with constructing and maintaining the11147facilities required to support military families?11148    Answer. It is my understanding that mission stability and11149effectiveness are primary factors when considering establishing11150accompanied tours in remote locations and have a direct impact on11151recruiting and retention. If confirmed, I will consult with the11152Department's subject matter experts in the Office of the Undersecretary11153of Defense for Personnel & Readiness to assess the costs and benefits11154of designating remote locations as accompanied tours.11155    Question. What are your ideas for reducing the costs of11156construction at remote locations?11157    Answer. I understand that each remote location has inherently11158unique challenges for construction, such as the availability of labor,11159equipment, and materials required, which are unlikely to be available11160locally and usually must be imported from external markets. If11161confirmed, I will work with the DOD construction agents and industry to11162identify innovative acquisition, supply chain, and technical solutions11163to efficiently execute projects at these locations and throughout the11164world.11165                        congressional oversight11166    Question. In order to exercise its legislative and oversight11167responsibilities, it is important that this Committee and other11168appropriate committees of Congress are able to receive testimony,11169briefings, reports, records (including documents and electronic11170communications) and other information from the Department.11171    Do you agree, without qualification, if confirmed, and on request,11172to appear and testify before this committee, its subcommittees, and11173other appropriate committees of Congress? Please answer with a simple11174yes or no.11175    Answer. Yes.11176    Question. Do you agree, without qualification, if confirmed, to11177provide this committee, its subcommittees, and other appropriate11178committees of Congress, and their respective staffs, with witnesses and11179briefers, briefings, reports, records (including documents and11180electronic communications) and other information as may be requested of11181you, and to do so in a timely manner? Please answer with a simple yes11182or no.11183    Answer. Yes.11184    Question. Do you agree, without qualification, if confirmed, to11185consult with this committee, its subcommittees, and other appropriate11186committees of Congress, and their respective staffs, regarding your11187basis for any delay or denial in providing testimony, briefings,11188reports, records--including documents and electronic communications,11189and other information requested of you? Please answer with a simple yes11190or no.11191    Answer. Yes.11192    Question. Do you agree, without qualification, if confirmed, to11193keep this committee, its subcommittees, and other appropriate11194committees of Congress, and their respective staffs, apprised of new11195information that materially impacts the accuracy of testimony,11196briefings, reports, records--including documents and electronic11197communications, and other information you or your organization11198previously provided? Please answer with a simple yes or no.11199    Answer. Yes.11200    Question. Do you agree, without qualification, if confirmed, and on11201request, to provide this committee and its subcommittees with records11202and other information within their oversight jurisdiction, even absent11203a formal committee request? Please answer with a simple yes or no.11204    Answer. Yes.11205    Question. Do you agree, without qualification, if confirmed, to11206respond timely to letters and/or inquiries and other requests of you or11207your organization from individual Senators who are members of this11208committee? Please answer with a simple yes or no.11209    Answer. Yes.11210    Question. Do you agree, without qualification, if confirmed, to11211ensure that you and other members of your organization protect from11212retaliation any military member, Federal employee, or contractor11213employee who testifies before, or communicates with this committee, its11214subcommittees, and any other appropriate committee of Congress? Please11215answer with a simple yes or no.11216    Answer. Yes.11217                                 ______1121811219    [Questions for the record with answers supplied follow:]1122011221                           Senator Tom Cotton11222                              environment11223    1. Senator Cotton. Mr. Marks, I hear time and time again that11224burdensome environmental regulations like NEPA, the Endangered Species11225Act, and the Marine Mammal Protection Act cause significant delays to11226critical DOD projects. Let me give you a few examples. An environmental11227review for a project in Alaska to expand artillery training is expected11228to take 6 years because of potential effects on the beluga whale. In my11229own State of Arkansas, a company had to go through a 9-month11230environmental assessment before it could expand a munitions-production11231facility, only to find there would be no impact on the environment from11232the facility expansion. It gets worse: the Air Force could not cut down11233trees to work on a runway in Tinian--a critical node in the Pacific--11234for 2 years because a certain bird species that went extinct in the112351990's might come back. Does any of this sound reasonable to you?11236    Mr. Marks. While I am not familiar with the details of these11237specific situations, delays in military construction are concerning and11238extended delays could jeopardize mission execution. If confirmed, I11239will review and work with the Military Departments, Combatant Commands,11240and other appropriate stakeholders to streamline procedures and11241environmental requirements for Military Construction projects. I will11242ensure that construction projects can meet mission support schedules11243while upholding the laws of the United States.1124411245    2. Senator Cotton. Mr. Marks, do you believe these timelines to11246complete environmental reviews are impeding our ability to compete with11247Communist China?11248    Mr. Marks. Any actions that reduce warfighter readiness and their11249operational capacity are a detriment to national security and impact11250our ability to deter our adversaries. In my current role, I do not have11251the information to assess how environmental review processes impact the11252Department of Defense's readiness posture. If confirmed, I will pursue11253pathways that streamline and prioritize environmental review timelines11254to support the Department's mission to address threats here and abroad11255while upholding the laws of the United States.1125611257    3. Senator Cotton. Mr. Marks, if confirmed, will you commit to11258taking a look at how we can reduce these burdensome requirements?11259    Mr. Marks. If confirmed, I will explore and pursue opportunities to11260streamline Department of Defense (DOD) processes and environmental11261reviews to support the DOD mission. I will emphasize that DOD11262environmental reviews and consultation processes should support fast,11263agile decisionmaking while addressing threats here and abroad and11264upholding the laws of the United States. I will also commit to working11265with the Military Departments, Combatant Commands, other appropriate11266stakeholders, and Congress to identify statutory impediments and11267streamline where possible.11268                             infrastructure11269    4. Senator Cotton. Mr. Marks, robust, resilient infrastructure will11270be critical in the U.S. Indo-Pacific Command (INDOPACOM). There, bases11271like Andersen, Hickam, and Kadena will be responsible for generating11272combat airpower to deter and, if required, defeat Communist China. What11273are your infrastructure priorities for preparing these facilities for11274conflict in the Pacific?11275    Mr. Marks. The survivability and credibility of our Department of11276Defense forward presence is essential to deterring Chinese aggression11277in the Indo-Pacific. If confirmed, I will work across the Office of the11278Secretary of Defense and with the Joint Staff, the Services, and the11279Combatant Commanders to prioritize survivability of these operating11280locations while also pursuing other initiatives that increase our11281ability to deliver combat power.11282                               __________11283            Questions Submitted by Senator M. Michael Rounds11284                 artificial intelligence infrastructure11285    5. Senator Rounds. Mr. Marks, it is critical that the United States11286remain the global leader on artificial intelligence (AI) development. A11287significant limiting factor for this national objective is real estate:11288both the compute and energy infrastructure needed to meet the demands11289of this initiative require significant physical space. If confirmed,11290will you work with this committee to make use of Department's11291substantial land resources to build out the infrastructure we need to11292maintain and expand U.S. AI dominance?11293    Mr. Marks. If confirmed, I will work with the congressional defense11294committees to maximize the Department of Defense's resources by11295ensuring effective management of the Department's extensive real estate11296portfolio, consistent with the Secretary of Defense's priorities. I11297commit to exploring available Department real estate for artificial11298intelligence-related infrastructure consistent with other national11299priorities and the Department's statutory authority to include11300notification or approval from Congress when required for real estate11301transactions.11302                               __________11303                Questions Submitted by Senator Ted Budd11304                   base land/environmental protection11305    6. Senator Budd. Mr. Marks, are you familiar with the DOD's11306Readiness and Environmental Protection Integration (REPI) program, and11307if so, what is your view of this program?11308    Mr. Marks. I am familiar with the Readiness and Environmental11309Protection Integration (REPI) program. During my time at Eglin Air11310Force Base, I found the REPI program to be an effective way to protect11311the operations, testing and training missions. Our team at Eglin worked11312alongside other Federal agencies, State, and local partners to protect11313assets such as critical airspace from incompatible development at a11314lower cost to the military, saving valuable taxpayer dollars. REPI has11315a positive return on investment and if confirmed, I will continue to11316support this valuable tool.11317                              base housing11318    7. Senator Budd. Mr. Marks, what are your views on privatization of11319barracks and other facilities on military installations?11320    Mr. Marks. Local conditions should always inform decisions on this11321matter. Privatization, where feasible, is one of many tools that the11322Department can use to support the operational requirements of the11323warfighter. Regardless of the models, Privatized Owners must be held to11324the highest standards to ensure high-quality dwellings for our11325servicemembers. If confirmed, I will work with the Military11326Departments, Combatant Commands, and other appropriate stakeholders on11327strategies and options to ensure all servicemembers and families have11328access to safe, quality Department of Defense housing, including11329barracks.1133011331    8. Senator Budd. Mr. Marks, keeping cost savings and quality of11332life for servicemembers in mind, do you view it feasible and/or11333advisable to privatize barracks on military installations?11334    Mr. Marks. Privatization is one of many tools that would be11335considered in this collaboration. If confirmed, I will examine how our11336current Unaccompanied Housing facilities are supporting the operational11337requirements of the warfighter. I will also work with the Military11338Departments, Combatant Commands, and other appropriate stakeholders to11339explore all options to enhance the Department's ability to restore11340lethality to our forces in the most efficient way possible.11341                         military construction11342    9. Senator Budd. Mr. Marks, Guam is critical to contingencies in11343the Indo-Pacific and vital for American power projection, yet their11344existing facilities are still damaged from the devastation caused by11345Super Typhoon Mawar and susceptible to future typhoons and cyber11346attacks. Do you believe that the Department of Defense ought to invest11347in Guam's critical infrastructure and military construction (MILCON)11348projects?11349    Mr. Marks. Yes, I believe the Department of Defense should invest11350in Guam's critical infrastructure and military construction projects.11351Infrastructure investment in Guam is crucial to deterrence and11352operational reach within the Indo-Pacific Region.1135311354    10. Senator Budd. Mr. Marks, a recent report identified that poor11355initial planning negatively impacted several MILCON projects including11356a Special Operations Forces (SOF) Training Command Building at Fort11357Bragg, NC which was delayed several years and cost over $10 million11358more than originally projected. How do you view your role in ensuring11359the efficient execution of military construction projects?11360    Mr. Marks. If confirmed, my role would be to work with the Military11361Departments and Department of Defense Construction Agents to maintain11362effective oversight of all the Department's infrastructure investment11363programs. This includes ensuring requirements are addressed at the11364planning stage of any project and directly engaging with key project11365stakeholders at all stages of the project lifecycle to effect change11366that delivers capabilities at the speed of relevance and at reasonable11367cost.1136811369    11. Senator Budd. Mr. Marks, if confirmed, how will you work to11370improve information sharing within DOD to improve execution of military11371construction projects and create cost savings?11372    Mr. Marks. Effective information sharing is essential to manage the11373complex execution of military construction projects throughout the11374Department. If confirmed, I intend to implement actions to improve11375transparency, streamline decisionmaking, and drive information sharing11376between key stakeholders through tools available better to track the11377status and readiness of these projects.11378                             nuclear energy11379    12. Senator Budd. Mr. Marks, can you please outline your11380perspective on mobile, modular micro-nuclear reactor technology and11381whether it has promise for expeditionary use?11382    Mr. Marks. The Department of Defense (DOD) faces kinetic, cyber,11383political-economic, and weather-related risks affecting the energy our11384forces and installations need. I understand the Military Departments11385are already pursuing initiatives for fixed reactors at our11386installations, and the Strategic Capabilities Offices is developing a11387prototype mobile micro-reactor. If confirmed, I will ensure that the11388DOD considers all cost-effective energy sources as options for meeting11389expeditionary energy needs in contested environments.11390                               __________11391              Questions Submitted by Senator Eric Schmitt11392                   per-and polyfluoroalkyl substances11393    13. Senator Schmitt. Mr. Marks, according to the Department's most11394recent report to Congress in January 2025, ``DOD has obligated $1.8611395billion through fiscal year 2023 and plans to obligate $197.5 million11396in fiscal year 2024 to address its PFAS [per-and polyfluoroalkyl11397substances] releases at active installations, National Guard11398facilities, and FUDS [formerly used defense sites] properties. DOD11399plans to obligate an additional $7.09 billion after fiscal year 2024 to11400address PFAS releases.'' If confirmed, please describe how you will11401utilize Class I hazardous waste disposal wells as part of DOD's11402comprehensive remediation and removal plan and what you will do to11403increase the use of this Environmental Protection Agency (EPA)-approved11404removal options across DOD installations?11405    Mr. Marks. I understand that the Department of Defense's 2023 per-11406and polyfluoroalkyl substances (PFAS) destruction and disposal guidance11407considered many disposal options, including the availability of Class I11408hazardous waste disposal wells for liquid wastes. If confirmed, I will11409ensure the Department continues to allow consideration of Class I11410hazardous waste disposal wells in any updates to its PFAS destruction11411and disposal guidance.1141211413    14. Senator Schmitt. Mr. Marks, in April 2024, the EPA released11414updated guidance on destruction and disposal of PFAS. That guidance11415encourages the use of Class I hazardous waste underground injection11416wells among other removal options. DOD has not updated its guidance11417since July 2023. If confirmed, do you commit to updating the11418Department's PFAS removal and remediation guidance and similarly11419encourage the use of Class I hazardous waste underground injection11420wells?11421    Mr. Marks. If confirmed, I will ensure the Department of Defense11422updates its per-and polyfluoroalkyl substances destruction and disposal11423guidance to allow the use of disposal and destruction technologies at11424facilities with environmental permits or regulator approval where a11425permit is not required.1142611427    15. Senator Schmitt. Mr. Marks, will you ensure that all11428commercially available, cost-effective, and Environmental Protection11429Agency permitted and approved per-and polyfluoroalkyl substances (PFAS)11430removal and remediation solutions will be clearly approved for use all11431DOD installations?11432    Mr. Marks. If confirmed, I will ensure the Department of Defense11433updates its per-and polyfluoroalkyl substances (PFAS) destruction and11434disposal guidance to include updated information from the Environmental11435Protection Agency's 2024 guidance update. I recognize the Department11436requires multiple options for the destruction or disposal of its PFAS11437wastes and will ensure a continued focus on the use of proven11438technologies at facilities with environmental permits or regulator11439approval where a permit is not required.11440                               __________11441                Questions Submitted by Senator Jack Reed11442                          installation energy11443    16. Senator Reed. Mr. Marks, DOD likely faces increased demand for11444installation energy over the coming years while wanting to reduce11445utility costs. Increasing the amount of distributed energy for military11446installations by using non-DOD funded contract mechanisms like energy11447savings performance contracts (ESPCs), power purchase agreements11448(PPAs), etc. lock in utility savings for decades. If confirmed do you11449commit to increasing the amount of non-DOD funded mechanisms to11450diversify and improve the resilience of its energy assets on11451installations?11452    Mr. Marks. I recognize the significant potential of non-Department11453of Defense funded contract mechanisms, such as Energy Savings11454Performance Contracts and Power Purchase Agreements, to address this11455challenge while enhancing energy security and resilience. If confirmed,11456I commit to prioritizing and expanding the use of these tools by11457streamlining processes, providing clear guidance to installations, and11458prioritizing projects that deliver multiple benefits like energy and11459water savings and enhanced resilience. Using these mechanisms would11460support future budgeting of utility costs and mitigate future price11461increases, allowing for better resource allocation to support the11462mission.11463                           operational energy11464    17. Senator Reed. Mr. Marks, roughly two-thirds of DOD's total11465energy use comes from its weapon platforms on the move. While the Air11466Force creates the vast majority of that fuel demand, the other services11467play a role as well. Concerted efforts and investments in operational11468energy improvements will be the primary way DOD can reduce its energy11469demand in future conflicts as combat operations in the Middle East have11470already taught us stark and costly lessons. How can DOD ensure its11471operational energy investments reduce demand for weapons platforms11472while improving readiness--and which technologies do you find most11473promising in this area?11474    Mr. Marks. I believe we can reduce logistics burdens most11475effectively by integrating energy supportability in requirements and11476the acquisition decisionmaking process, leveraging more energy-11477efficient technologies to improve operational effectiveness and11478supportability, and developing new concepts of operation. If confirmed,11479I will conduct a review of relevant technologies such as advanced11480energy storage, blended-wing bodies, hybridization, and mobile modular11481reactors to assess alignment with the need for a lethal Joint force11482able to defend the homeland and deter our adversaries under contested11483operating conditions.11484                             climate change11485    18. Senator Reed. Mr. Marks, how important is it for DOD to11486mitigate impacts to military installation resilience, given the costly11487impacts from extreme weather each year, and what will your approach be,11488if confirmed?11489    Mr. Marks. Installations are essential to supporting a trained,11490ready, and deployable force. I understand from my time at both Tyndall11491and Eglin Air Force Bases how extreme weather events can have an11492impact--both sudden and sustained--on the ability of an installation to11493effectively carry out military missions. Actions that support rapid11494recovery from kinetic, cyber, and extreme weather events send a clear11495message of deterrence to potential adversaries. If confirmed, I will11496focus the Department of Defense's efforts on a risk-informed approach11497to assess the readiness and resource impacts on Department of Defense11498from recent extreme weather events.11499                               __________11500             Questions Submitted by Senator Mazie K. Hirono11501                        installation resilience11502    19. Senator Hirono. Mr. Marks, how important is it for DOD to11503mitigate impacts to military installation resilience given the costly11504impacts from extreme weather each year, and what will your approach be11505to this issue, if confirmed?11506    Mr. Marks. Installations are essential to supporting a trained,11507ready, and deployable force. I understand from my time at both Tyndall11508and Eglin Air Force Bases how extreme weather events can have an11509impact--both sudden and sustained--on the ability of an installation to11510effectively carry out military missions. Actions that support rapid11511recovery from kinetic, cyber, and extreme weather events send a clear11512message of deterrence to potential adversaries. If confirmed, I will11513focus the Department of Defense's efforts on a risk-informed approach11514to assess the readiness and resource impacts on Department of Defense11515from recent extreme weather events.11516                          installation energy11517    20. Senator Hirono. Mr. Marks, DOD will face increased demand for11518installation energy over the coming years while simultaneously11519attempting to reduce utility costs. Increasing the amount of11520distributed energy for military installations by using non-DOD funded11521contract mechanisms like energy savings performance contracts (ESPCs)11522and power purchase agreements (PPAs) lock in utility savings for11523decades. Will you commit to increasing the amount of non-DOD funded11524mechanisms to diversify and improve the resilience of energy assets on11525DOD installations?11526    Mr. Marks. I recognize the significant potential of non-Department11527of Defense funded contract mechanisms, such as Energy Savings11528Performance Contracts and Power Purchase Agreements, to address this11529challenge while enhancing energy security and resilience. If confirmed,11530I commit to prioritizing and expanding the use of these tools by11531streamlining processes, providing clear guidance to installations, and11532prioritizing projects that deliver multiple benefits like energy and11533water savings and enhanced resilience. Using these mechanisms would11534support future budgeting of utility costs and mitigate future price11535increases, allowing for better resource allocation to support the11536mission.11537                            military housing11538    21. Senator Hirono. Mr. Marks, there have been numerous prior year11539National Defense Authorization Acts (NDAA) that enacted various reforms11540related to privatized housing and most recently enlisted barracks. How11541will you ensure that both privatized housing and enlisted barracks11542continue to get rigorous oversight to minimize the problems military11543families continue to experience?11544    Mr. Marks. I believe the Department of Defense, working with11545Congress, has made significant progress in rectifying the underlying11546oversight issues that caused the privatized and Unaccompanied Housing11547crises. However, I also believe there is room for additional11548improvement, including implementing the remaining National Defense11549Authorization Act reforms for all of Department of Defense (DOD)11550housing. If confirmed, I will work with the Military Departments in my11551capacity as the Chief Housing Officer to ensure the continued11552implementation of required reforms that will further strengthen11553oversight of DOD housing, hold Miliary Housing Privatization Initiative11554housing companies accountable, and provide safe, quality housing for11555all servicemembers and families.11556                           operational energy11557    22. Senator Hirono. Mr. Marks, roughly two-thirds of the DOD's11558total energy use comes from its weapon platforms on the move. While the11559Air Force creates the vast majority of that fuel demand, the other11560services play a role as well. Concerted efforts and investments in11561operational energy improvements will be the primary way DOD can reduce11562its energy demand in future conflicts, as combat operations in the11563Middle East have already taught us stark and costly lessons. How can11564DOD ensure its operational energy investments reduce demand for weapons11565platforms while improving readiness--and which technologies do you find11566most promising in this area?11567    Mr. Marks. I believe we can reduce logistics burdens most11568effectively by integrating energy supportability in requirements and11569the acquisition decisionmaking process, leveraging more energy-11570efficient technologies to improve operational effectiveness and11571supportability, and developing new concepts of operation. If confirmed,11572I will conduct a review of relevant technologies such as advanced11573energy storage, blended-wing bodies, hybridization, and mobile modular11574reactors to assess alignment with the need for a lethal Joint force11575able to defend the homeland and deter our adversaries under contested11576operating conditions.11577                               __________11578            Questions Submitted by Senator Elizabeth Warren11579                                 ethics11580    23. Senator Warren. Mr. Marks, if you are confirmed, will you11581commit to not seeking any employment with or compensation from a11582defense contractor, including through serving on a board, as a11583consultant, or as a lobbyist, for 4 years after leaving DOD?11584    Mr. Marks. I will abide by the extensive post-government employment11585ethics rules required by Federal law. These provisions set forth11586comprehensive restrictions relating to acceptance of compensation from11587defense contractors, as well as communicating back to the Federal11588Government on behalf of any future employers and clients. I believe11589that these existing rules are appropriate and sufficient to protect the11590public interest. If confirmed, I will carry out the responsibilities of11591my office honorably, and I will seek any post-government employment in11592full compliance with the applicable ethics rules.1159311594    24. Senator Warren. Mr. Marks, if you are confirmed, will you11595commit to not engaging in any lobbying activities, including11596unregistered ``shadow'' or ``behind-the-scenes'' lobbying under the11597guise of consulting or advising on DOD-related matters, focused on DOD11598or any of its components for 4 years after leaving DOD?11599    Mr. Marks. I will abide by the extensive post-government employment11600ethics rules required by Federal law as well as the terms of my Ethics11601Agreement. These provisions set forth comprehensive restrictions11602relating to acceptance of compensation from defense contractors, as11603well as communicating back to the Federal Government on behalf of any11604future employers and clients. I believe that these existing rules are11605appropriate and sufficient to protect the public interest. If11606confirmed, I will carry out the responsibilities of my office11607honorably, and I will seek any post-government employment in full11608compliance with the applicable ethics rules.1160911610    25. Senator Warren. Mr. Marks, during your nomination process, did11611anyone on the Trump campaign, transition team, or other closely related11612entity approach you about your loyalty to President Trump?11613    Mr. Marks. No.1161411615    26. Senator Warren. Mr. Marks, if you were approached about your11616loyalty to President Trump, did you sign a loyalty pledge or other11617similar oath? If so, please provide a copy of the text of that pledge11618or oath.11619    Mr. Marks. I was not approached.1162011621    27. Senator Warren. Mr. Marks, if you were approached about your11622loyalty to President Trump, did you make any verbal representations of11623loyalty? If so, please describe this representation.11624    Mr. Marks. I was not approached.1162511626    28. Senator Warren. Mr. Marks, in November 2024, the New York Times11627and other news outlets reported that Boris Epshteyn, a top adviser to11628President Trump, allegedly requested payment from prospective political11629appointees to promote their candidacies for top positions within the11630Administration. Did you discuss the possibility of joining the11631Administration with Mr. Epshteyn at any time?11632    Mr. Marks. No.1163311634    29. Senator Warren. Mr. Marks, if you did discuss the possibility11635of joining the Administration with Mr. Epshteyn, did Mr. Epshteyn seek11636payment from you for promoting your candidacy for a position within the11637Administration?11638    Mr. Marks. No.1163911640    30. Senator Warren. Mr. Marks, at any time, did lawyers for11641President Trump or members of President Trump's team approach you11642regarding Mr. Epshteyn and the allegations cited above? If so, please11643explain the information that they provided you (including copies of11644documents), what was discussed during any calls, and any other11645information pertaining to this interaction.11646    Mr. Marks. No.1164711648    31. Senator Warren. Mr. Marks, were you in contact with Mr. Elon11649Musk at any time during your nomination process? If so, please describe11650the nature of those points of contact.11651    Mr. Marks. No.1165211653    32. Senator Warren. Mr. Marks, was Mr. Musk present or involved in11654any interviews you did related to your nomination? If so, please11655describe the nature of his involvement.11656    Mr. Marks. No.1165711658    33. Senator Warren. Mr. Marks, was Mr. Musk involved in any way11659with your nomination, including but not limited to directly or11660indirectly contacting Senators regarding their position on your11661nomination?11662    Mr. Marks. No.1166311664    34. Senator Warren. Mr. Marks, who was in the room or participated11665in any of your interviews regarding your nomination?11666    Mr. Marks. My interviews consisted of meetings with a member of11667Secretary Hegseth's team and then members of the White House11668Presidential Personnel Office. This was my first time meeting these11669individuals.1167011671    35. Senator Warren. Mr. Marks, if you own any defense contractor11672stock, will you divest it to avoid even the appearance of a conflict of11673interest?11674    Mr. Marks. If confirmed, I will comply with the requirements set11675forth in my Ethics Agreement, which I signed on March 11 and which was11676previously provided to this committee. I do not own any defense11677contractor stock.1167811679    36. Senator Warren. Mr. Marks, what do you consider the role of the11680press in a democracy?11681    Mr. Marks. A free press is protected by the U.S. Constitution and11682is an essential part of our democracy.1168311684    37. Senator Warren. Mr. Marks, do you think it would be an11685appropriate use of taxpayer resources to ``dig up dirt'' on journalists11686who investigate or criticize you, your office, or the Trump11687administration?11688    Mr. Marks. No. Taxpayer resources are a special trust, and it would11689be inappropriate to do so.1169011691    38. Senator Warren. Mr. Marks, will you commit not to retaliate,11692including by denying access to government officials or facilities,11693against news outlets or individual journalists who publish articles11694that are critical of you, your office, your agency, or the Trump11695administration?11696    Mr. Marks. Yes.1169711698    39. Senator Warren. Mr. Marks, have you requested, or has anyone11699requested on your behalf, that any other person or third party sign a11700nondisclosure, confidentiality, non-disparagement, or similar agreement11701regarding your conduct in a personal or professional capacity?11702    Mr. Marks. No.1170311704    40. Senator Warren. Mr. Marks, will you voluntarily release any11705individual from any such agreements before this committee votes on your11706nomination?11707    Mr. Marks. Not Applicable.1170811709    41. Senator Warren. Mr. Marks, have you ever paid or promised to11710pay, or has anyone paid or promised to pay on your behalf, an11711individual as part of any non-disclosure, confidentiality, non-11712disparagement, or similar agreement?11713    Mr. Marks. Not Applicable.1171411715    42. Senator Warren. Mr. Marks, if the answer to the previous11716question was yes, how much was promised, how much was paid, and what11717were the circumstances?11718    Mr. Marks. Not Applicable.1171911720    43. Senator Warren. Mr. Marks, will you commit to recuse yourself11721from all particular matters involving your former clients and employers11722for at least 4 years after you leave DOD?11723    Mr. Marks. I will abide by the extensive post-government employment11724ethics rules required by Federal law. These provisions set forth11725comprehensive restrictions relating to acceptance of compensation from11726defense contractors, as well as communicating back to the Federal11727Government on behalf of any future employers and clients. I believe11728that these existing rules are appropriate and sufficient to protect the11729public interest. If confirmed, I will carry out the responsibilities of11730my office honorably, and I will seek any post-government employment in11731full compliance with the applicable ethics rules.1173211733    44. Senator Warren. Mr. Marks, will you commit to not seeking11734employment, board membership with, or another form of compensation from11735a company that you regulated or otherwise interacted with while in11736government, for at least 4 years after leaving office?11737    Mr. Marks. I will abide by the extensive post-government employment11738ethics rules required by Federal law as well as the terms of my Ethics11739Agreement. These provisions set forth comprehensive restrictions11740relating to acceptance of compensation from defense contractors, as11741well as communicating back to the Federal Government on behalf of any11742future employers and clients. I believe that these existing rules are11743appropriate and sufficient to protect the public interest. If11744confirmed, I will carry out the responsibilities of my office11745honorably, and I will seek any post-government employment in full11746compliance with the applicable ethics rules.1174711748    45. Senator Warren. Mr. Marks, would it ever be appropriate to11749threaten or imply that you would withhold future contracts from a11750company if they filed a complaint, bid protest, or cooperated with an11751Inspector General, civil, or criminal investigation?11752    Mr. Marks. No, that would not be appropriate.11753                congressional oversight and transparency1175411755    46. Senator Warren. Mr. Marks, what is your understanding of the11756role of the Department of Defense Inspector General and service11757Inspectors General?11758    Mr. Marks. The Department of Defense Inspector General and the11759service Inspectors General play key roles in ensuring accountability,11760efficiency, and integrity within the Department of Defense and its11761respective military branches.1176211763    47. Senator Warren. Mr. Marks, will you ensure your staff complies11764with any Inspector General deadlines established for requested11765communications, providing witnesses, providing documents, and that11766those witnesses will be protected from reprisal for their testimony?11767    Mr. Marks. If confirmed, I will work to comply with Inspector11768General requests in a timely manner.1176911770    48. Senator Warren. Mr. Marks, if you are not able to comply with11771any Inspector General requests and deadlines, will you notify the11772Republican and Democratic Members of this Committee regarding the basis11773for any good faith delay or denial?11774    Mr. Marks. If confirmed, I will work to comply with Inspector11775General requests in a timely manner. I would defer to the Office of the11776Inspector General to update Members of the Committee regarding the11777progress of the Inspector General's ongoing reviews.1177811779    49. Senator Warren. Mr. Marks, if you are confirmed, will you11780commit to refusing to follow illegal orders from any individual,11781including the President?11782    Mr. Marks. I do not accept the premise that the President will11783issue me an unlawful order. If confirmed, I will follow the11784Constitution and the law of the United States.1178511786    50. Senator Warren. Mr. Marks, what actions would you take if you11787were given an illegal order from any individual, including the11788President?11789    Mr. Marks. I do not accept the premise that the President will11790issue me an unlawful order. If confirmed, I will follow the11791Constitution and the law of the United States.1179211793    51. Senator Warren. Mr. Marks, will you commit to testify or11794provide a deposition if you are called upon by Congress to provide a11795deposition voluntarily?11796    Mr. Marks. I will work to comply with Congress's requests in a11797timely and responsible manner.1179811799    52. Senator Warren. Mr. Marks, will you commit to testify or11800provide a deposition to Congress if you are issued a subpoena to11801testify?11802    Mr. Marks. I will work to comply with Congress's requests in a11803timely and responsible manner.1180411805    53. Senator Warren. Mr. Marks, will you commit to providing11806information or documents to Congress voluntarily if you are requested11807to do so?11808    Mr. Marks. I will work to comply with Congress's requests in a11809timely and responsible manner.1181011811    54. Senator Warren. Mr. Marks, will you provide information or11812documents to Congress if you are issued a subpoena?11813    Mr. Marks. I will work to comply with Congress's requests in a11814timely and responsible manner.1181511816    55. Senator Warren. Mr. Marks, will you commit to following current11817precedent for responding to information requests, briefings, and other11818inquiries from Congress, including the Senate and House Armed Services11819Committees and their minority members?11820    Mr. Marks. I will work to comply with Congress's requests in a11821timely and responsible manner.1182211823    56. Senator Warren. Mr. Marks, if confirmed, will you commit to11824posting your official calendar monthly?11825    Mr. Marks. If confirmed, I am committed to meeting all legal11826disclosure requirements.1182711828    57. Senator Warren. Mr. Marks, do you think DOD has an11829overclassification problem? If so, please provide this committee with11830an estimate of the number or percentage of documents that will be under11831your purview that are overclassified or other examples to illustrate11832this problem.11833    Mr. Marks. For information for which the Office of the Secretary of11834Defense is the Original Classification Authority, the respective11835classification security guides need to be analyzed to ensure they11836strike the proper balance between sharing information and protecting11837sources and methods. I strongly believe enabling access to information11838as quickly and as broadly as possible is critical to national security.1183911840    58. Senator Warren. Mr. Marks, to the best of your knowledge, is11841your office or agency identifying records for proactive posting in11842compliance with the Freedom of Information Act? If not, please describe11843how you would ensure that they do so to comply with public records law.11844    Mr. Marks. I have not received any briefing on the Assistant11845Secretary of Defense for Energy, Installations, and Environment's11846(ASD(EI&E)) current Freedom of Information Act program. If confirmed, I11847will review that program to ensure it is aligned with law. I fully11848support complying with all public records laws and would ensure that11849ASD(EI&E) follows these laws.11850                              project 202511851    59. Senator Warren. Mr. Marks, have you discussed Project 2025 with11852any officials associated with the Trump campaign, the Trump transition11853team, or other members of the Trump administration? If so, please11854explain what you discussed, when you discussed it, and with whom you11855discussed it.11856    Mr. Marks. No.1185711858    60. Senator Warren. Mr. Marks, have you discussed Project 2025 with11859any officials associated with the Heritage Foundation? If so, please11860explain what you discussed, when you discussed it, and with whom you11861discussed it.11862    Mr. Marks. No.11863                           foreign influence11864    61. Senator Warren. Mr. Marks, have you received any payment from a11865foreign government or entity controlled by a foreign government within11866the past 5 years?11867    Mr. Marks. I have provided relevant information in connection with11868my security clearance background check.1186911870    62. Senator Warren. Mr. Marks, have you communicated with any11871foreign government or entity controlled by a foreign government within11872the past 5 years?11873    Mr. Marks. I have provided relevant information in connection with11874my security clearance background check.1187511876    63. Senator Warren. Mr. Marks, please disclose any communications11877or payments you have had with representatives of any foreign government11878or entity controlled by a foreign government within the past 5 years11879and describe the nature of the communication.11880    Mr. Marks. I have provided relevant information in connection with11881my security clearance background check.11882               retaliation and protecting whistleblowers11883    64. Senator Warren. Mr. Marks, do you believe that servicemembers,11884civilians, grantees, and contractors should be protected from any form11885of retaliation for coming forward about an illegal order, sexual11886assault or harassment, negligence, misconduct, or any other concern11887that they wish to raise?11888    Mr. Marks. Yes, I believe that all whistleblower laws should be11889followed, and that bona fide whistleblowers should be afforded the11890protections provided them by applicable statute.1189111892    65. Senator Warren. Mr. Marks, have you ever retaliated against any11893individual for coming forward about an illegal order, sexual assault or11894harassment, negligence, misconduct, or any other concern that they wish11895to raise?11896    Mr. Marks. No.1189711898    66. Senator Warren. Mr. Marks, if you are confirmed, will you11899commit to protecting whistleblowers? If so, please specify how you will11900do so.11901    Mr. Marks. Yes. If confirmed, I will follow all laws related to11902whistleblowers and will ensure the protections required by law.11903                        impoundment control act11904    67. Senator Warren. Mr. Marks, on January 27, 2025, President11905Trump's Office of Management and Budget (OMB) issued a memo calling for11906the suspension of all Federal financial assistance programs (excluding11907``assistance provided directly to individuals''). Do you agree with11908OMB's decision to issue this memo?11909    Mr. Marks. I support the President's efforts to streamline the11910Federal Government and ensure that it is carrying out Federal programs11911in an efficient and economical manner. That said, I am not aware of how11912this memorandum would impact the Department of Defense. If confirmed, I11913will review the memo and work to implement the President's direction.1191411915    68. Senator Warren. Mr. Marks, do you believe the Secretary of11916Defense has the legal authority to block the disbursement of funds11917appropriated by Congress?11918    Mr. Marks. I fully acknowledge and respect Congress's11919constitutional role in appropriating funds to be carried out by the11920executive branch for designated purposes. I commit, if confirmed, to11921executing my responsibilities consistent with the Constitution and the11922law. I would ensure that my actions and advice to the Secretary of11923Defense on this matter are informed by the Administration's legal11924positions and advice from the Department's General Counsel's office.1192511926    69. Senator Warren. Mr. Marks, what is your understanding of the11927Impoundment Control Act?11928    Mr. Marks. My understanding is that Congress passed the Impoundment11929Control Act in 1974. This Act provides a framework for handling11930circumstances in which the President seeks to defer or cancel the11931execution of appropriated funds. I commit, if confirmed, to executing11932my responsibilities in a manner consistent with the Constitution and11933the law on this matter, as on all others. I would ensure that my11934actions and advice to the Secretary of Defense on this matter are11935informed by the Administration's legal positions and advice from the11936Department's General Counsel's office.1193711938    70. Senator Warren. Mr. Marks, do you commit to following the11939Impoundment Control Act?11940    Mr. Marks. I commit, if confirmed, to executing my responsibilities11941consistent with the Constitution and the law on this matter as on all11942others. I would ensure that my actions and advice to the Secretary of11943Defense on this matter are informed by the Administration's legal11944positions and advice from the Department's General Counsel's office.1194511946    71. Senator Warren. Mr. Marks, do you commit to notifying the11947Senate and House Armed Services Committees, including the majority and11948minority, if you are asked not to follow the Impoundment Control Act or11949not to expend the money that Congress appropriates or authorizes?11950    Mr. Marks. I commit, if confirmed, to executing my responsibilities11951consistent with the Constitution and the law on this matter as on all11952others. I would ensure that my actions and advice to the Secretary of11953Defense on this matter are informed by the Administration's legal11954positions and advice from the Department's General Counsel's office.1195511956    72. Senator Warren. Mr. Marks, the Constitution's Spending Clause11957(Art. I, Sec.  8, cl. 1) and Appropriations Clause (Art. I, Sec.  9,11958cl. 7) give Congress, not the Executive, power of the purse. The11959Supreme Court has unanimously upheld this power. Do you believe that11960impoundments are constitutional?11961    Mr. Marks. I commit, if confirmed, to executing my responsibilities11962consistent with the Constitution and the law on this matter as on all11963others. I would ensure that my actions and advice to the Secretary of11964Defense on this matter are informed by the Administration's legal11965positions and advice from the Department's General Counsel's office.1196611967    73. Senator Warren. Mr. Marks, the funding levels in appropriations11968bills passed into law are not targets or ceilings; instead, they are11969amounts the executive branch must spend, unless stated otherwise.11970Congress could--if it wanted the President to have discretion--write11971those amounts as ceilings. Do you agree?11972    Mr. Marks. I commit, if confirmed, to executing my responsibilities11973consistent with the Constitution and the law. I would ensure that my11974actions and advice to the Secretary of Defense on this matter are11975informed by the Administration's legal positions and advice from the11976Department's General Counsel's office.1197711978    74. Senator Warren. Mr. Marks, what is your understanding of the11979requirements for DOD to obligate funding that Congress authorizes and11980appropriates, in accordance with the time period that Congress deems it11981to do so?11982    Mr. Marks. My understanding is the balance of an appropriation or11983fund limited for obligation to a definite period is available only for11984payment of expenses properly incurred during the period of availability11985or to complete contracts properly made within that period of11986availability and obligated consistent with the law. However, the11987appropriation or fund is not available for expenditure for a period11988beyond that otherwise authorized by law.1198911990    75. Senator Warren. Mr. Marks, do you commit to expending the money11991that Congress appropriates and authorizes?11992    Mr. Marks. If confirmed, I commit to being a good steward of11993Department appropriations and to comply with all applicable law11994regarding their obligation and expenditure.1199511996    76. Senator Warren. Mr. Marks, do you commit to following and11997implementing every provision of the annual National Defense11998Authorization Act passed into law?11999    Mr. Marks. I fully acknowledge and respect Congress's12000constitutional role in issuing laws and provisions to be carried out by12001the executive branch for designated purposes. I commit, if confirmed,12002to executing my responsibilities consistent with the Constitution and12003the law. I would ensure that my actions and advice to the Secretary of12004Defense on these matters are informed by the Administration's legal12005positions and advice from the Department's General Counsel's office.1200612007    77. Senator Warren. Mr. Marks, if you became aware of a potential12008violation of the Antideficiency Act, Impoundment Control Act, or other12009appropriations laws, what steps would you take?12010    Mr. Marks. I commit, if confirmed, to executing my responsibilities12011in a manner consistent with the Constitution and the law on this12012matter. I would ensure that my actions and advice to the Secretary of12013Defense on this matter are informed by the Administration's legal12014positions and advice from the Department's General Counsel's office and12015would make all appropriate notifications as required by law.12016                           acquisition reform12017    78. Senator Warren. Mr. Marks, what is your understanding of the12018Procurement Integrity Act and your obligations under that law?12019    Mr. Marks. I understand that, under the Procurement Integrity Act,12020I am obligated as a Government official to protect competitive source12021selection information from unauthorized disclosure. Safeguarding this12022sensitive information is essential to maintain the integrity of the12023process and ensures all prospective contractors have a fair opportunity12024to compete for Federal contracts. Furthermore, I understand the12025Procurement Integrity Act prohibits former Government officials from12026accepting compensation from contractors to varying degrees, depending12027on the procurement decisionmaking role performed by the former official12028and the dollar value of those decisions.1202912030    79. Senator Warren. Mr. Marks, do you believe that it is important12031to be able to assess accurate cost and pricing data from contractors,12032especially for sole-or single-source contracts?12033    Mr. Marks. If confirmed, I will work with the Assistant Secretary12034of Defense for Acquisition (ASD(A)) to address the accuracy of cost and12035pricing data from contractors--particularly in sole-source situations--12036where they intersect with the Assistant Secretary of Defense for12037Energy, Installations, and Environment's portfolio. Competition is the12038preferred way to obtain fair, reasonable pricing and best values. When12039competition is not possible, I understand the Truthful Cost and Pricing12040Data Act (commonly referred to as TINA) requires contractors to provide12041data, such as actual cost, that places the Government and the12042contractor on an equal footing when negotiating contract prices. I12043understand that access to accurate cost and pricing data from12044contractors provides the Government with a reliable way to verify12045contractor assertions or statements in terms of costs and cost trends12046during negotiations.1204712048    80. Senator Warren. Mr. Marks, how do you plan to obtain cost and12049pricing data from contractors to determine that the cost of Federal12050contracts is fair and reasonable?12051    Mr. Marks. If confirmed, I will work with the Assistant Secretary12052of Defense for Acquisition (ASD(A)), where appropriate, to address12053obtaining cost and pricing data from contractors where they intersect12054with the Assistant Secretary of Defense for Energy, Installations, and12055Environment's portfolio. I understand that the Government has the12056authority to obtain certified cost and pricing data from contractors12057unless an exception applies through the statutory requirement (Truthful12058Cost and Pricing Data Act--commonly referred to as TINA). I understand12059exceptions to TINA include competition and commercial items and12060services, which should be prioritized to the maximum extent possible to12061promote improved cost, schedule, and performance for the products and12062services needed to support national defense.1206312064    81. Senator Warren. Mr. Marks, how do you plan to do so in cases12065where contractors refuse or claim they are unable to turn over this12066data?12067    Mr. Marks. If confirmed, I will work with the Assistant Secretary12068of Defense for Acquisition (ASD(A)), where appropriate, to address12069cases where contractors refuse or claim inability to provide cost and12070pricing data.1207112072    82. Senator Warren. Mr. Marks, if you are confirmed, what steps12073will you take to ensure that contractors are not price gouging or12074overcharging the Federal Government?12075    Mr. Marks. If confirmed, I will work with the Assistant Secretary12076of Defense for Acquisition (ASD(A)), where appropriate, to take a12077proactive approach to safeguard against price gouging. I believe12078competing products and services amongst traditional and nontraditional12079defense contractors is the optimal way to prevent price gouging and12080obtain the best value.1208112082    83. Senator Warren. Mr. Marks, if you are confirmed, will you12083commit to seeking refunds, including voluntary refunds, from12084contractors and companies that overcharge the Federal Government?12085    Mr. Marks. I am committed to sound financial management of12086resources allocated to the Department of Defense through taxpayer12087dollars. If confirmed, I will partner with the Assistant Secretary of12088Defense for Acquisition (ASD(A)) where appropriate, to seek voluntary12089refunds when funds are otherwise not recoverable through the terms and12090conditions of the contract.1209112092    84. Senator Warren. Mr. Marks, if so, how do you plan to do so?12093    Mr. Marks. If confirmed, I will work with the Assistant Secretary12094of Defense for Acquisition (ASD(A)), where appropriate, to address12095instances where the Department has been overcharged.12096                        research and development12097    85. Senator Warren. Mr. Marks, who should be involved in decisions12098to cancel grants?12099    Mr. Marks. There may be many reasons the government cancels a12100grant, and the decision is not taken lightly. Regardless of reason--12101non-compliance, convenience, voluntary withdrawal, or mutual12102agreement--agency leadership may have the authority to terminate a12103grant after being guided by legal counsel to ensure compliance with12104statutory authorities, regulations, and grant terms and conditions.12105When considering canceling a grant, transparency and adherence to due12106process are paramount. If confirmed, and should it become necessary to12107terminate a grant under my authority, I will do so only after a12108thorough review. If confirmed, I will be a responsible steward of12109taxpayer dollars, ensuring that grants are used effectively and12110efficiently to support the President's national security objectives and12111within statutory authorities.12112         protecting classified information and federal records12113    86. Senator Warren. Mr. Marks, what is your understanding of the12114need to protect operational security, or OPSEC?12115    Mr. Marks. OPSEC is the process of identifying and protecting12116critical information to prevent adversaries from gaining advantage,12117ensuring mission success and safety of personnel.1211812119    87. Senator Warren. Mr. Marks, what are the national security risks12120of improperly disclosing classified information?12121    Mr. Marks. The loss or degradation of resources or capabilities12122undermines the Department of Defense's mission and security, damages12123public trust, and compromises sources and methods.1212412125    88. Senator Warren. Mr. Marks, is it your opinion that information12126about imminent military targets is generally sensitive information that12127needs to be protected?12128    Mr. Marks. This determination is based on circumstances on a per-12129mission basis based on Operational Security principles.1213012131    89. Senator Warren. Mr. Marks, what would you do if you learned an12132official had improperly disclosed classified information?12133    Mr. Marks. If confirmed, I commit to following applicable laws and12134relevant guidance from the Department of Defense, Intelligence12135Community, and other applicable security officials with respect to12136addressing improperly disclosed information.1213712138    90. Senator Warren. Mr. Marks, what is your understanding of12139Government officials' duties under the Federal Records Act?12140    Mr. Marks. The Federal Records Act (FRA) is a law that requires all12141Federal agencies to maintain records that document their activities.12142Federal employees are responsible for making and keeping records of12143their work. Federal employees have three basic obligations regarding12144Federal records: 1) Create records needed to do the business of their12145agency, record decisions and actions taken, and document activities for12146which they are responsible; 2) Take care of records so that information12147can be found when needed, and 3) Carry out the disposition of records12148under their control in accordance with agency records schedules and12149Federal regulations. If confirmed, I commit to reviewing and following12150the appropriate Federal Records Act requirements applicable to my12151position.1215212153    91. Senator Warren. Mr. Marks, should classified information be12154shared on unclassified commercial systems?12155    Mr. Marks. No.1215612157    92. Senator Warren. Mr. Marks, is it damaging to national security12158if the pilots flying a mission find out that the official who ordered12159them to perform that mission shared sensitive information that could12160have made it more likely that the mission would fail, or they would be12161killed?12162    Mr. Marks. I know firsthand the importance of safeguarding12163sensitive information. I believe we must ensure that the Department of12164Defense has the policies and technologies available to safeguard12165information while enabling communication at the speed of operations.1216612167    93. Senator Warren. Mr. Marks, if you had information about the12168status of specific targets, weapons being used, and timing for imminent12169U.S. strikes against an adversary, under what circumstances would you12170feel comfortable receiving or sharing that information on an12171unclassified commercial application like Signal?12172    Mr. Marks. While I cannot speak to hypothetical circumstances, I12173believe we must ensure that the Department of Defense has the policies12174and technologies available to safeguard information while enabling12175communication at the speed of operations.12176                      base realignment and closure12177    94. Senator Warren. Mr. Marks, the Department of Defense has12178historically used the congressionally authorized Base Realignment and12179Closure (BRAC) process to realign and close military installations in12180an objective, transparent manner. What are your views on the need for a12181future BRAC round, and under what circumstances would you recommend12182pursuing this process to the Secretary of Defense and the President?12183    Mr. Marks. I am currently not in a position to have a detailed12184understanding of how the Department's real property portfolio aligns12185with current and future needs across the Military Departments,12186Combatant Commands, and other appropriate stakeholders. Base12187Realignment and Closure (BRAC) is one of many tools available to12188address underutilized and excess infrastructure. If confirmed, I would12189work closely with Congress to shape the definition, goals, and12190authorities required if BRAC was deemed necessary.1219112192    95. Senator Warren. Mr. Marks, under title 10 U.S.C. Sec.  2687,12193the Department has limited authority to close or realign installations12194outside of a formal BRAC process, subject to specific thresholds and12195reporting requirements. Under what circumstances would you recommend12196using this authority?12197    Mr. Marks. I am currently not in a position to have a detailed12198understanding of how the Department's real property portfolio aligns12199with current and future needs across the Military Departments,12200Combatant Commands, and other appropriate stakeholders. If confirmed, I12201will work with the aforementioned stakeholders and the Congress to12202determine if there are any suitable uses for the authorities granted12203under 10 U.S.C. Sec.  2687.1220412205    96. Senator Warren. Mr. Marks, if DOD exercises any authorities12206under title 10 U.S.C. Sec.  2687, will you notify or brief Congress12207before doing so?12208    Mr. Marks. If confirmed, I will work with the Military Departments12209to ensure that the Department fully complies with the congressional12210notification requirements under 10 U.S.C. Sec.  2687.1221112212    97. Senator Warren. Mr. Marks, if DOD exercises any authorities12213under title 10 U.S.C. Sec.  2687, will you provide written12214justifications to Congress before doing so?12215    Mr. Marks. If confirmed, I will work with the Military Departments12216to ensure that the Department fully complies with the congressional12217notification requirements under 10 U.S.C. Sec.  2687.1221812219    98. Senator Warren. Mr. Marks, what other steps would you take to12220support transparency and congressional oversight of such actions?12221    Mr. Marks. If confirmed, I will work with the Military Departments,12222Combatant Commands, and other appropriate stakeholders to ensure that12223all applicable laws regarding military basing actions are followed,12224including congressional notification requirements.1222512226    99. Senator Warren. Mr. Marks, if confirmed, will you commit to12227full compliance with all statutory requirements, including but not12228limited to, title 10 U.S.C. Sec. Sec.  2687 and 993, before12229recommending or executing any closure, realignment, or significant12230force structure change?12231    Mr. Marks. If confirmed, I will work with the Military Departments,12232Combatant Commands, and other appropriate stakeholders to ensure that12233the Department complies with the requirements of all applicable laws12234regarding basing actions, including 10 U.S.C. Sec.  2687 and 10 U.S.C.12235Sec.  993, and that Congress is notified as directed by law.1223612237    100. Senator Warren. Mr. Marks, will you commit to keeping Congress12238fully informed of any such deliberations before recommending or12239executing any closure, realignment, or significant force structure12240change?12241    Mr. Marks. If confirmed, I will work with the Military Departments,12242Combatant Commands, and other appropriate stakeholders to ensure that12243Congress is properly informed in accordance with all applicable laws12244regarding closure, realignment, or basing actions and that Congress is12245notified with proper information as directed by law.1224612247    101. Senator Warren. Mr. Marks, past base closures and realignments12248have had significant impacts on local communities and military12249families. If confirmed, how would you balance military requirements12250with the economic and social impacts on affected communities when12251considering installation changes?12252    Mr. Marks. I believe it is the Department's policy that every12253practical consideration should be given when implementing base closures12254and realignments that may seriously affect a community's economy. If12255confirmed, I will implement these actions in a manner that fully12256considers the local economic impact and leverages assistive resources12257to the extent possible.1225812259    102. Senator Warren. Mr. Marks, in preparation for this role, are12260you aware of how often and under what circumstances the President has12261used title 10 U.S.C. 2687(d)?12262    Mr. Marks. To my knowledge, I am not aware of an instance when the12263President has certified to Congress under 10 U.S.C. 2687(d) that a base12264closure or realignment must occur for emergency reasons.12265                          community engagement12266    103. Senator Warren. Mr. Marks, if confirmed, how do you plan to12267work with the Office of Local Defense Community Cooperation?12268    Mr. Marks. The Office of Local Defense Community Cooperation12269(OLDCC) is a critical resource for the Department that enables the12270Department to leverage public and private capabilities of defense12271communities to support the lethality and readiness of our installations12272and warfighters. I have had firsthand experience with its Installation12273Readiness program, for example, which is helping Northwest Florida to12274collaboratively work with military installation leaders to address12275regional readiness threats and identify improvement projects,12276incorporating water, gas and power utilities. If confirmed, I will work12277with OLDCC to identify opportunities to expand support for the12278Secretary's priorities in partnership with installations and defense12279communities--such as in defense of the homeland and addressing critical12280infrastructure needs.1228112282    104. Senator Warren. Mr. Marks, in your advance policy questions12283you said ``the Installation Readiness Program, the Readiness and12284Environmental Protection Integration (REPI) program, and the Defense12285Community Infrastructure Program (DCIP) offer some of the best means12286for engaging the community''. What do you consider to be the biggest12287successes of those programs and how do you plan to build on that12288success?12289    Mr. Marks. I believe that programs offer valuable opportunities to12290engage local communities to ensure the readiness and lethality of our12291military installations and ranges. As an example, in my experiences at12292Eglin Air Force Base, I have worked with State and county partners as12293well as private landowners for many years to protect thousands of acres12294of nearby forests and agricultural lands through the Readiness and12295Environmental Protection Integration program. I have also seen12296firsthand the benefits of the Defense Community Infrastructure Program,12297which provided Eglin Air Force Base and its surrounding community with12298a new fire station that enhances emergency response capabilities and12299emergency services.12300    The Department must continue to build on these successes,12301recognizing that it needs the civilian capabilities leveraged by these12302programs to meet our mission needs and improve readiness and warfighter12303lethality.1230412305    105. Senator Warren. Mr. Marks, do you support expanding the DCIP12306program to meet community needs?12307    Mr. Marks. The Defense Community Infrastructure Program is the only12308construction grant program within the Department of Defense (DOD) that12309can deliver needed infrastructure enhancements through civilian12310capabilities, especially critical infrastructure needs and requirements12311that are primarily not owned nor controlled by DOD. If confirmed, I12312look forward to working with Congress to identify additional12313opportunities to leverage this program to address the important12314infrastructure needs of our installations across the country.1231512316    106. Senator Warren. Mr. Marks, if you're confirmed, will you12317ensure that the Military Family Readiness Working Group for Military12318Housing holds its first meeting no later than June 1, 2025?12319    Mr. Marks. If confirmed, I will work with the Undersecretary of12320Defense for Personnel and Readiness to determine what steps are12321necessary to hold the first Military Family Readiness Working Group for12322Military Housing.12323                           climate resilience12324    107. Senator Warren. Mr. Marks, the Department of Defense is12325charged with climate resilience plans to defend the Nation against12326safety and security threats. If confirmed, will you ensure that12327installation resilience is part of the national defense strategy?12328    Mr. Marks. Military installations serve as force and power12329projection platforms and thus must be resilient to kinetic, cyber, and12330extreme weather-related risks. If confirmed, I will work across the12331Department of Defense to assess and mitigate extreme weather-related12332impacts on operations. This will include completing the military12333installation resilience component as part of the Installation Master12334Plans and sharing them in a manner consistent with the law and the12335National Defense Strategy.1233612337    108. Senator Warren. Mr. Marks, do you believe that having a12338diversified energy portfolio such as solar, wind, and battery storage12339is important to installation resilience?12340    Mr. Marks. The Department of Defense (DOD) faces a range of12341kinetic, cyber, political-economic, and weather-related risks to the12342energy needed to execute critical missions at our installations. DOD12343should consider a range of cost-effective energy technologies,12344including energy generation and storage to ensure a diversified energy12345portfolio that supports a lethal Joint Force able to defend the12346homeland and deters our adversaries. If confirmed, I am committed to12347actively exploring all options, including cutting-edge energy solutions12348such as advanced nuclear and enhanced geothermal technologies.1234912350    109. Senator Warren. Mr. Marks, if confirmed, what steps will you12351take to ensure the Department is energy-resilient and conserves as much12352energy as possible?12353    Mr. Marks. Energy resilience is key to maintaining the readiness of12354our installations and posture. If confirmed, I will work across the12355Department of Defense (DOD) to ensure we continue to identify energy12356resilience gaps for critical missions and prioritize DOD investments12357for enhanced resilience. Energy conservation will play an important12358role in this effort. Past energy conservation actions have increased12359efficiency, enhanced resilience, reduced utility costs, and mitigated12360future price risks. Conserving energy allows DOD to power more12361platforms and capabilities in support of the warfighter. I will ensure12362that decisionmaking regarding installations and forces is informed by12363the risks to our critical missions and energy supplies, and the12364capabilities afforded by changes in our energy use.1236512366    110. Senator Warren. Mr. Marks, do you believe that extreme weather12367is a threat to national safety and security?12368    Mr. Marks. Extreme weather is a threat to our installations,12369personnel, and assets. Installations are essential to supporting a12370trained, ready, and deployable force. They serve as initial maneuver12371platforms from which the Department of Defense (DOD) can deploy troops12372around the globe and coordinate and control various mission-related12373functions for those units once deployed. This makes our installations12374critical to ensuring national security. Extreme weather threatens the12375safety, health, and effectiveness of the warfighter. If confirmed, I12376will work to ensure the DOD and installation-related national safety12377and security are able to withstand extreme-weather related risks.1237812379    111. Senator Warren. Mr. Marks, do you believe climate resiliency12380considerations are necessary for the future construction and12381rehabilitation of military installations?12382    Mr. Marks. Integrating preparedness into future construction and12383rehabilitation is necessary to avoid damages and risks to mission.12384Construction projects are expected to last decades and can have12385significant near-and long-term impacts. Impacts from extreme weather12386events can have significant financial and mission impacts to the12387Department of Defense. If confirmed, I will work with the Military12388Departments, Combatant Commands, and other appropriate stakeholders to12389ensure our installations can withstand extreme weather-related risks12390and fully support warfighting requirements in the short, medium, and12391long-term.1239212393    112. Senator Warren. Mr. Marks, if confirmed, what steps will you12394take to ensure the Nation's ability to respond and recover from climate12395disruptions?12396    Mr. Marks. To effectively mitigate risks from extreme weather12397events, the Department of Defense (DOD) should leverage validated data12398and solutions that provide cost-effective infrastructure and12399installation resilience approaches. By continuing to invest in12400innovation, best practices, and tools that draw on top talent from12401industry, universities, and Federal partners, we can ensure our12402installations maintain mission readiness while adapting to increasing12403extreme weather challenges. If confirmed, I will focus DOD's efforts12404using a risk-informed approach that emphasizes lethality and12405operational resilience.1240612407    113. Senator Warren. Mr. Marks, per-and polyfluoroalkyl substances12408(PFAS) have been found in essential use applications and industrial and12409consumer products. If confirmed, will you support PFAS cleanup efforts12410within the DOD Cleanup Program?12411    Mr. Marks. If confirmed, I will support per-and polyfluoroalkyl12412substances (PFAS) cleanup efforts within the Cleanup Program and ensure12413the Department of Defense continues to aggressively address PFAS in a12414holistic manner across the Department.12415                   exceptional family member program12416    114. Senator Warren. Mr. Marks, the DOD's Exceptional Family Member12417Program (EFMP) survey found only 43 percent of respondents were12418satisfied with the program. How will you address the needs of EFMP12419families?12420    Mr. Marks. The Department's Exceptional Family Member Program is a12421vital resource for military families. If confirmed, I commit to working12422with the Undersecretary of Defense for Personnel and Readiness on12423potential improvements in the areas where the program intersects with12424Assistant Secretary of Defense for Energy, Installations, and12425Environment's portfolio.1242612427    115. Senator Warren. Mr. Marks, EFMP families report waiting months12428for medical and educational services after a permanent change of12429station (PCS). How will you facilitate standardization of care and12430transfer of care during a PCS?12431    Mr. Marks. I understand that the Undersecretary of Defense for12432Personnel and Readiness (OUSD(P&R)) has oversight of the Exceptional12433Family Member Program. If confirmed, I will work with OUSD(P&R) to12434provide the appropriate support to any effort to improve access to care12435and transfer of care during a Permanent Change of Station.12436                      privatized military housing12437    116. Senator Warren. Mr. Marks, privatized military housing12438companies have relied on the Federal enclave doctrine to deny military12439members of their tenants' rights. How will you ensure servicemembers'12440have access to safe housing?12441    Mr. Marks. Mr. Marks. I understand that the overall goal of the12442Department of Defense's housing program is to ensure that12443servicemembers have access to safe, quality, housing, whether in the12444U.S. or overseas. If confirmed, I will ensure that we have the12445appropriate oversight mechanisms in place to hold both the Military12446Departments and privatized owners to the quality standards our12447servicemembers deserve.1244812449    117. Senator Warren. Mr. Marks, will you commit to implementing and12450enforcing the Military Housing Privatization Initiative Tenant Bill of12451Rights?12452    Mr. Marks. The Tenant Bill of Rights is one of several key12453transformative actions taken to improve the Military Housing12454Privatization Initiative program and to create a positive living12455experience for servicemembers and their families. If confirmed, I will12456support efforts to ensure full implementation of the Tenant Bill of12457Rights.1245812459    118. Senator Warren. Mr. Marks, if confirmed, will you assess the12460sufficiency of the Tenant Bill of Rights and come back to the committee12461with any recommendations to strengthen the Tenant Bill of Rights within1246290 days?12463    Mr. Marks. I believe in a proactive approach. If confirmed, I will12464work as the Chief Housing Officer to ensure the Department of Defense12465continues to strengthen its oversight responsibilities, including12466evaluating the sufficiency of reforms already in place.1246712468    119. Senator Warren. Mr. Marks, the Government Accountability12469Office reported ``widespread confusion across military branches about12470the mediation process for housing disputes.'' How will you improve12471access to the dispute resolution mechanism guaranteed in the Tenant12472Bill of Rights?12473    Mr. Marks. I believe the Department of Defense, with the support of12474Congress, has made significant progress in rectifying the underlying12475oversight issues that caused the Military Housing Privatization12476Initiative housing crisis. I also believe there is room for additional12477improvements, including implementing the remaining reforms and fully12478addressing recommendations from the Government Accountability Office12479(GAO) on improvements to the dispute resolution process. If confirmed,12480I commit to addressing the GAO recommendations.12481                               __________12482             Questions Submitted by Senator Tammy Duckworth12483                             accountability12484    120. Senator Duckworth. Mr. Marks, do you commit that your12485decisions will be communicated through official, secure channels and12486properly documented for both oversight and institutional memory?12487    Mr. Marks. If confirmed, I commit to following applicable laws and12488relevant guidance from the Department of Defense, Intelligence12489Community, and other applicable security officials with respect to the12490proper handling, transmittal, and retention of official information.1249112492    121. Senator Duckworth. Mr. Marks, would you follow an illegal,12493unlawful, or immoral order?12494    Mr. Marks. If confirmed, I would have a duty not to carry out a12495manifestly unlawful order.12496                               __________12497               Questions Submitted by Senator Mark Kelly12498                      installation infrastructure12499    122. Senator Kelly. Mr. Marks, you've run one of the biggest Air12500Force installations and worked at the policy level on energy and12501environmental issues, so you know how hard it can be to get real12502improvements done on base. In your experience, what are the biggest12503obstacles to improving on-base infrastructure?12504    Mr. Marks. In my experience, balancing resources with the necessary12505readiness investments in our installations is a continual challenge.12506Further, there are challenges in maintaining the acquisition capacity12507to execute infrastructure projects. If confirmed, I will advocate for12508the most effective resources our installations need to promote military12509readiness and work with the military departments to maintain the12510acquisition capacity to execute it efficiently.1251112512    123. Senator Kelly. Mr. Marks, is it a lack of funding, outdated12513policies that slow down decisionmaking, or a contracting process that12514makes it hard to get projects started and completed on time?12515    Mr. Marks. Resourcing levels, agency policies, decisionmaking12516thresholds, and acquisition requirements all create unique challenges12517in delivering and completing on-time projects. If confirmed, I will12518work with the Military Departments, Combatant Commands, and other12519appropriate stakeholders to exert maximum effort to streamline12520processes, remove barriers to entrance, and explore opportunities to12521involve commercial sources much earlier in the acquisition process.1252212523    124. Senator Kelly. Mr. Marks, what steps would you take to upgrade12524barracks and make sure our troops are living in safe, well-maintained12525conditions?12526    Mr. Marks. Mission requirements should always inform decisions on12527this matter. If confirmed, my priority as the Chief Housing Officer12528will be to work with the Military Departments, Combatant Commands, and12529other appropriate stakeholders to ensure the Department meets its12530obligation to provide members of the Armed Forces with access to safe,12531quality, affordable Unaccompanied Housing worldwide while ensuring12532readiness and enhancing lethality.1253312534    125. Senator Kelly. Mr. Marks, how do you plan to prioritize these12535improvements while working within budget constraints?12536    Mr. Marks. As the Department considers the range of investment12537needs to improve readiness and lethality, I expect resourcing for12538infrastructure will continue to be constrained. If confirmed, I intend12539to work with the Military Departments, Combatant Commands, and other12540appropriate stakeholders to advocate for the resourcing needed to12541provide our warfighters with the best infrastructure possible, right-12542size our footprint using all available authorities, and optimize the12543use of all resources provided. I will also look for innovative best12544practices to maximize every dollar and improve project timelines.1254512546    126. Senator Kelly. Mr. Marks, there is a long list of Child12547Development Centers in need of replacement, expansion, or both.12548Ensuring safe and accessible childcare is critical to readiness and12549retention. How do you plan to prioritize these improvements while12550working within budget constraints?12551    Mr. Marks. Providing Child Development Centers is essential to12552supporting our warfighters' families and ensuring military members can12553focus on their mission. If confirmed, I will work with the Military12554Departments to improve Child Development Centers consistent with12555priorities articulated by the Office of the Undersecretary of Defense12556for Personnel and Readiness through projects executed effectively and12557efficiently that prioritize mission readiness requirements.12558                                 ______1255912560    [The nomination reference of Mr. Dale R. Marks follows:]1256112562    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1256312564                                 ______1256512566    [The biographical sketch of Mr. Dale R. Marks, which was12567transmitted by the Committee at the time of the nomination was12568referred, follows:]1256912570    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1257112572                                 ______1257312574    [The Committee on Armed Services requires all individuals12575nominated from civilian life by the President to positions12576requiring the advice and consent of the Senate to complete a12577form that details the biographical, financial, and other12578information of the nominee. The form executed by Mr. Dale R.12579Marks in connection with his nomination follows:]1258012581   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1258212583                                 ______1258412585    [The nominee responded to Parts B-F of the Committee12586questionnaire. The text of the questionnaire is set forth in12587the Appendix to this volume. The nominee's answers to Parts B-F12588are contained in the Committee's executive files.]1258912590   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]1259112592                                 ______1259312594    [The nomination of Mr. Dale R. Marks was reported to the12595Senate by Chairman Wicker on May 1, 2025, with the12596recommendation that the nomination be confirmed. The nomination12597was confirmed by the Senate on June 3, 2025.]1259812599                                 [all]