SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE Additional Pre-Hearing Questions for Mr. Michael Atkinson upon his nomination to be Inspector General of the Intelligence Community Page 1 of21 In these questions, all references to the statutory authorities relating to the Inspector General of the Intelligence Community (ICIG) are to Section I03H of the National Security Act of 1947 (50 U.S.C. § 3033), as amended by Section 405 ofthe Intelligence Authorization Act for Fiscal Year 2010 (Public Law 111-259). Qualifications • QUESTION 1: Section 103H(c) provides that the nomination of an individual for appointment as Inspector General shall be madeon the basisof qualifications that include "prior experience in the field of intelligencfe or national security," and "demonstrated ability in accounting, financial analysis, law, nuuiagement analysis, public administration, or investigations." What qualifies you to perform the duties of the IC IG generally^with respect to the oversight of intelligence programs and activities and, specifically, with regard to audit and investigation tools? ANSWER: If confirmed, I believe that I have the appropriate qualifications, experience, and demonstrated abilities to serve effectively as the Inspector General of the Intelligence Community. Duringthe past twenty-six years that I have practiced law,encompassing eleven years in private practice at an international lawfirm and fifteen years in government service as a prosecutor, I havesupervised andhandled a multitude of complex and sensitive criminal, civil, and administrative investigations. As part of these responsibilities, I have worked on a regular basiswith a variety of federal law enforcement agencies, the Intelligence Community, and many Inspectors General's offices. My responsibilities have included supervising andworking with other attomeys, investigators, auditors, accountants, and administrative personnel. Over the course of my fifteen years as a prosecutor at the Departmentof Justice, predominately in the fields of fi^d andpubliccorruption, I haveworiced to root out waste, fiaiid, and abuse in government programs andactivities in an effortto promote honestand effective government. I have prosecuted and supervised the prosecutions of a widevariety of white-collar crime and publiccorruption offenses,including bribery and illegalgratuities, procurement fi:^ud, conflicts of interest, mailand wire fi^ud, cybercrime, election firaud, tax firaud, identity theft,health carefitiud, corporate and securities fi^ud, and money laimdering. My workas a prosecutor has included successful prosecutions of public and elected officials, corporate executives, and government contractors. These matters and others have required me to understand how books and records should look, how books and records can be masked to conceal fiiaud, and the structures and controls that are susceptible to fiaud or abuse. Forroughly the pasttwoyears of mycareer at the Department of Justice, I have served as an Acting Deputy Assistant Attorney General and SeniorCounsel to the Assistant Attorney General in the National Security Division, focusing primarilyon intelligence and national Page 2 of 21 security matters. I haveprovided supervisory and management oversight of a staff of lawyers and non-lawyers withinthe Division's Counterintelligence and Export Control Sectionand Foreign Investment Review Staff, who handle extremely sensitive matters of significance to NSD, including, butnot limited to: cybersecurity and counterintelligencerelated matters; export control and sanctions; protection of classified information; reviews of foreign acquisitions of domestic entities that mightaffectnational security; tracking and monitoring of transactions that havebeen approvedand identifying unreported transactions that might meritreview; and responding to Federal Conununication Commission (FCC) requests for the Department'sviewsrelatingto the nationalsecurityimplications of certain transactions relating to FCC licenses. As part of these responsibilities, I have been a consumer and user of intelligencefrom multiple intelligence sources, and I have seen first hand the benefits to our country >^en there is a unityof effortby the Intelligence Community (IC) to address national security needs. Mydemonstrated abilities in lawand investigations have beenrecognized through my receipt of multiple awards while at the Department of Justice, including the following: • • Attorney General's Award for Distinguished Service, in recognitionof the successful prosecution of a former United States Congressman for public corruption offenses. United States Attorney's Office Award for Exceptional Performance by an Assistant United States Attorney and the Gaston L. Gianni, Jr., Better Government Award, by the Council of the Inspectors General on Integrity and Efficiency (CIGIE), in recognition of the successful prosecution of what has been called the largest domestic bribery and bid steering scheme in the history of federal contracting. • Executive Office for United States Attorneys' Director's Award for Superior Performance byan Assistant United States Attorney, in recognition of the successful prosecution of, among others, a former United States Congressman for thefl from a campaign account. • Award for Excellence byCIGIE, in recognition of the successful prosecution of a former WhiteHouse National Space Council advisorfor false claimsand tax evasion, which led to the conviction of the same defendant forattempted espionage. Collectively, I believe these experiences both qualify mefor, and would inform myefforts as, the Inspector General of the Intelligence Community, if confirmed. Duties QUESTION 2: Section 103(H)(b)(I) provides that the purpose of the IC IG is "to create an objective and effectiveoffice, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, andreviews on programs and activities vrithin the responsibility and authority of the Director of National Intelligence." Page 3 of21 a. Please describe your standards for "an objective and effective office" and how, if confirmed, you intend to establish an office that maintains those standards. Answer; I believe that die Inspector General of the Intelligence Community should establish and maintain within the office a commitment to integrity, excellence, discipline, and independence. If confirmed, I intend to exercise determined leadership to ensure the office has the personnel, training, resources, and overall vision of itself necessary to meet those commitments. To that end, if confirmed, I intend to retain and recruit individuals for the office who share those commitments and who demonstrate the character, professionalism, experience, and skills necessary to meet those commitments. In addition, if confirmed, I will work to ensure that ICIG personnel conduct investigations, inspections, audits, and reviews in accordance with Quality Standards promulgated by CIGIE to keep those activities &ee from personal, external, and organizational impairments. b. Ifconfumed, how do you expect to fulfill the statutory obligation to be "appropriately accountable to Congress"? Answer: If confirmed, I expect to keep the congressional intelligence committees fully and currently informed in a variety of ways. I expect to fulfill this statutory obligation through the filing of semi-aimualreports and by notifying the congressional intelligence committees immediately in the event certain specific circumstances arise, consistent with SO U.S.C. § 3033(k)(3XA)(iHv)- In addition, I will inform the congressional intelligence committees, through the Director of National Intelligence, of any matters of "urgent concern" reported to the IC IG by an employee of an element of the IC, an employee assigned or detailed to an element of the IC, or an employee of a contractor to the IC, consistent with 50 U.S.C. § 3033(k)(5)(B). If confirmed, in addition to these statutory obligations, I would seek to engage on a regular basis the Senate Select Coirunittee on Intelligence, the House Permanent Select Coirunittee on Intelligence, and other committees ofjurisdiction to strengthen the relationship ofthe IC IG with Congress. c. What is your understanding ofthe scope ofthe term "programs and activities within the responsibility and authority of the Director of National Intelligence"? Answer: The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) established the Director of National Intelligence. IRTPA provides that the principal responsibilities of the Director of National Intelligence are to serve as the head of die IC; act as the principal advisor to die President, to the National Security Council, and to the Homeland Security Council for intelligence matters related to the national security; and consistent widi section 1018 ofthe National Security Intelligence Reform Act of 2004, oversee and direct the implementation of the National Intelligence Program. As a result, I understand the scope of the term "programs and activities within the responsibility and authority ofthe Director of National Intelligence" to be co-extensive to the programs and activities the Director of National Intelligence is authorized by ERTPA (or other applicablefederal laws or regulations) to direct or oversee as the head of the IC; as the principal advisor to the President, to the National SecurityCouncil, and the Homeland Security Council for intelligencematters related to the national security; and consistent with section 1018 of the National Security Intelligence Reform Act of2004, in overseeing and directing the implementation ofthe National Intelligence Program. Page 4 of 21 QUESTION 3: If confiimed, vyrhat standards and procedures would you ^ply to ensure the i^propriate timeliness and responsiveness ofthe IC IG's completion of inspections, audits, reviews, and investigations? Answer: If confirmed, 1 will review the current IC IG standards and procedures used to ensure timely and responsive completion of IC IG inspections, audits, reviews, and investigations. 1will also compare the IC IG's current standards and procedures with the Quality Standards established by CIGIE for timeliness and responsiveness for completing audits, investigations, inspections, and reviews. 1will work with the current IC IG staffto implement appropriate modifications of the office's current procedures to ensure compliance with ClGlE's standards in the most efficient and effective maimer. ProtecdonofWhistleblowers Section 103H(g)(3)(B) provides that "no action constituting a reprisal, or threat of reprisal, for making such complaint or disclosing such information to the Inspector General may be taken by any employee in a position to take such actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity." QUESTION 4: What is your understanding of the formal policies and processes in place to inform employees oftheir right to provide information to the IC IG, and to detect and protect against reprisal for making complaints or disclosing information to the ICIG? Answer: 1have not had the opportunity to examine in detail the formal policies and procedures in place to inform employees at ODNl or within the IC more broadly ofthe process to provide informationto the IC IG and to detect and protect against reprisal for making complaints or disclosing information to the IC IG. In general, 1 understand that the IC IG uses several methods to inform IC employees of the process to provide information to the IC IG and to be protected fiom reprisalsfor making a complaint or disclosing information to the IC IG. For example, the IC IG website provides an overview of how to makea protected disclosure to the IC IG and what whistleblower protections are available for employees and contractors who make disclosures. Presidential Policy Directive - 19 (PPD-19), Protecting Whistleblowers withAccess to ClassifiedInformation, provides protections for IC employeesagainst personnel actions taken in reprisal for lawfully participating in the whistleblowing process. 1understand that Intelligence Community Directive 120 (ICD 120), Intelligence Community Whistleblower Protection, outlines the procedures for external reviews, in accordancewith Section C of PPD-19, and requires the IC IG to ensure that IC elements and their employees are aware ofthese procedures. QUESTION 5: If confirmed, what additional policies and processes will you establish to enstire compliance with this provision, and any related provisions that are ^licable to elements of the IC, such as Ae provisions ofthe IC Whistleblower Protection Act? Answen 1have not had the opportunityto examine in detail the formal policies and procedures for compliance with this provision or any related provisions. If conflrmed, 1 intend to examine the formal policies and processes in place by the IC IG. If confirmed, as Page 5 of 21 the Chair of the Intelligence Community Inspector General Forum (IC10 Forum), I will work with die IC IG Forum members to ensure the elements of the IC and the IC IG Forum members fully and effectively inform employees ofthe process to provide information to the IC IG, and the protections against reprisal for making complaints or disclosing information to the IC IG. Similarly, if confirmed, I also intend to examine the procedures established by the IC IG for external reviews, as required by ICD 120, to ensure those procedures are consistent with Section C of PPD-19, and that the IC elements and their employees are aware of these procedures. QUESTION 6: Please describe your view of the IC IG's role with regard to whistleblowers. Please address each of the following and provide specifics on actions you would take to improve performance, if confirmed as the IC IG. Answer: From a statutory and regulatory view, the IC IG has several critical roles to play with regard to whistleblowers. By statute, an employee of an element of the IC, an employee assigned or detailed to an element of the IC, or an employee of a contractor to the IC, who intends to report to Congress a complaint or information widi respect to an urgent concern may report such complaint or information to the IC IG. The IC IG has the responsibility to determine whether the complaint or information appears credible. Hie IC IG also has the responsibility to notify an employee who reports such a complaint or information of each action taken with respect to the complaint or information. 50 U.S.C. § 3033(k)(5)(E). Further, PPD-19 and ICD 120 set forth additional responsibilities of die IC IG with regard to whistleblowers. Under PPD-19, the IC IG has the responsibility to chair a three-member Inspector General panel, called the External Review Panel. Under ICD 120, the IC IG has the responsibility to establish procedures for external reviews that are consistent with Section C ofPPD-19 and ensure that IC elements and their employees are aware of these procedures. Fundamentally, in the context of diese authorities, I view the IC IG's role with regard to whistleblowers as one that reinforces within the IC the importance of cultivating and protecting sources of information, including whistleblowers. The effectiveness of U.S. intelligence activities is often a function of their secretiveness, i.e., protecting the sources and methods of collection activities. In an environment that necessarily puts such a high value on secrecy as well as obedience to authority, particularly in the IC's military elements, there can be a perceived conflict between loyalty to the IC element and disclosing wrongdoing within the element If confirmed, I will lead die efforts of the IC IG to do its part to address any such perceived conflict by supporting the authorized means available to individuals to report wrongdoing within ODNI and across the IC enterprise without compromising national security. I will have the IC IG spread awareness within ODNI and across the IC enterprise about those authorized means to report wrongdoing. And I will have the IC IG promote fair, impartial, and effective processes to protect individuals who avail themselves ofthose authorized means fiDm retaliation, including by working to ensure there are meaningful consequences for diose who retaliate against individuals who make lawful disclosures. By supporting, operating, and enforcing a program for authorized disclosures that seeks to validate moral courage without compromising national security or Page 6 of 21 retaliation, I would have the IC IG play a leading role in fostering a culture within the IC that values patriotic dissent while maintaining loyalty to individual IC elements. a. Outreach and training across ODNI and the IC enterprise with regard to whistleblower rights and access to whistleblower protections; Answer 'Dirough the IC IG Forum, the IC IG shouldplay a leadership role within ODNIand acrossthe IC enterprise in ensuring consistency and effectiveness in the outreach and training efforts bythe IC to inform individuals about their rights andthe authorized means to report wrongdoing. The IC IGshould play an active and meaningful role in ensuring thatworicforce training for ODNI encourages managers and employees to make lawful disclosures and informs themof the authorized meians to report wrongdoingand their protections against reprisals. In addition, the IC IG should have outreach andtraining programs to educate IC IG Forum members on protections for lawful disclosures andthe audiorized means to report wrongdoing. If confirmed, I will discuss with thecurrent IC IGstaffthe office's current role in outreach and training regarding authorized disclosures, and I will work with them to maximize the effectiveness of their role in informing individuals across ODNI and the ICenterprise, including contractors, of their obligations andopportunities to provide suchcomplaints or information to the IC IG and the authorized means available for them to do so. b. Timely and thorough investigations of whistleblower complaints; Answer: In general, timely and thorough investigations of whistleblower complaints by the IC IG and IC IGForum members are critical for a number of reasons, including die ability to maximize the types, quantity, and qualityofthe evidenceavailableto fact- finders, establishing and maintaining thecredibility of thewhistleblower protection program, and facilitatingthe effectiveness of remedial actions. Ifconfirmed, in coordination with the IC IG Forum members, I will undertake an immediate review of whistleblower complaints beinghandledcurrently by the IC IG and other IC IG Forum members to ensure they are receiving appropriate resources, attention, and priority. As partof thatreview, I will seekto identify anycross-cutting risks, vulnerabilities, or issues with regard towdiistleblower complaints across the IC that might beiqipropriate subjects forfuture investigations, examinations, inspections, or audits by the IC IG and/or IC IG Forum members. In addition, as discussed above, the IC IGhasa unique statutory requirement to make a credibility determination on a matter of "urgent concern" reported bywhistleblowers within fourteen (14) days ofreceiving such reports. Given the relatively short statutory time firune, the IC IG should have an appropriate intake and evaluation process in place to permit the ICIG to fulfill its statutory obligation. c. Management of whistleblower caseloads within the IC IG. Answer: The Inspector General of the Intelligence Community should be a leader in managing whistleblower caseloads wihin the IC IGandworidng withthe IC IG Forum members to ensure matters of common interest regarding whistleblower caseloads are receiving appropriate attention, resources, and priority. As discussed inmy response to Question 6.b, the effective management ofwhistleblower caseloads requires timely and Page 7 of 21 thorough investigations. If confirmed, in coordination with the ICIG Forum members, I intend to review current whistlebiower caseloads handled by the IC IG and other IC IG Forum members to determine if there are opportunities for increased efficiencies or reallocations of resources, if necessary, to ensure the timelyand thorough investigation of whistlebiower complaints. d. Notification to Congress regarding whistlebiower complaints and acts of reprisal. Answer: The IC IG should playa leadingrole in promoting and facilitating lawful disclosures to Congress through the IC Whistlebiower Protection Act. As discussed in my response to Question 6.a, the IC IG should play such a leading role by, among other things, providing outreach and ensuring there is appropriate training to encourage individuals to make lawful disclosures and to inform them of the authorized means to reportwrongdoing, including the authorized mews to report wrongdoing to Congress, withoutcompromisingnational securityor retaliation. Further, as discussed in my response to Question 6.b, the IC IG has its own unique statutoryobligation to notify Congress, throughthe Directorof National Intelligence, regardingmatters of "prgent concern" reported by whistleblowers. QUESTION 7: Do you see any need for additional actioiis, policies, or processes to protect whistleblowers? * Answen I have not had the opportunity to examine in detail the formal actions, policies, or processes in place to protect individualsat ODNI or within the IC more broadly who make lawful disclosures of unethical or illegal conduct. If confirmed, in coordination with the IC IG Forum members, I intend to examine the formal actions, policies, and processes across the IC.enterprise to ensure that reporting of suspected waste, fraud, and abuse has been appropriately institutionalized, routinized, and protected. QUESTION 8: What is your view ofthe role of the IC IG in managing and investigating whistlebiower complaints made by employees of ODNI? What is your view of the role of the IC IG with regard to complaints made by IC employees outside ODNI? Answer: The IC IG has the statutory authority to receive complaints or information from any person concerning the existence of an activity within the authorities and responsibilities of the Director ofNational Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health and safety. SO U.S.C. § 3033(g)(3). As a result of that statutory authority, the IC IG should establish and maintain personnel with the subject matter expertise to investigateand manage whistlebiower complaints made both by employees of ODNI and by all IC personnel. Further, under PPD-19, the IC IG has the responsibility to chair the Extemal Review Panel. Relatedly, under ICD 120,the IC IG has the responsibility to establish procedures for extemal reviews that are consistent with Section C of PPD-19 and ensure that IC elements and their employees are aware of these procedures. QUESTION 9: What role do you believe the IC IG has in setting investigative standards and Page 8 of 21 ensuringconsistency in whistleblower investigations across the Intelligence Community? Answer: I believe that consistency across the IC in timely andthoroughwhistleblower investigations is essential to ensure a credible and effective whistleblower protection program. I believe, however, thatCIGIEmay be the most appropriate body to establish Quality Standards for investigations across multiple federal agencies, including wdiistleblower investigations widiinthe IC. Nevertheless, by statute, the IC IG is authorized to receive the results of whistleblower investigations by other Inspectors General on whistleblower complaintsrelated to programs and activities within the responsibility andauthority of the Director of National Intelligence. 50 U.S.C. § 3033(h)(3). Further, underPPD-19, the ICIG has the responsibility to chair the External Review Panel to adjudicate certain appeals by whistleblowers, which provides the IC IG with a formal opportunity to review the investigative methods and results by other Inspectors General of elements withinthe IC. In addition, as the Chair of the IC IG Forum, the IC IG serves as a mechanism to inform the IC IG Forum members of the work of individual members thatmay be of common interest. I believe that these legal authorities provide the IC IGwith a unique opportunity within the IC to identify potential areasof improvement in the consistency of whistleblower investigations and to communicate those observations and any recommended improvements to the IC IG Forum members. QUESTION 10: To proactively protect IC employees and contractors from potential retaliation, do yousupport providing ICemployees withthesame stay authority that is afforded almost every other federalemployee? Answer: I do not have sufficient experience with the operations ofthe IC IG to have formed anopinion onvdiether IC employees should beprovided the same stay authority afforded to non-IC employees. If confirmed, as discussed inmyresponse to Question 6,1 will explore with the current IC IG staff as well as with the IC IG Forum members their collective viewson the effectiveness ofthe current protections for individuals who make lawful disclosures, and I will work with the IC IG staff,the IC IG Forum, and CIGIEto maximize the effectiveness ofthose protections, which could include advocating for legislative changes in die future. QUESTION 11: Do you believethe Whistleblowing and Source Protection Office should be established by statute within the Office ofthe Inspector General of the Intelligence Community? Answer: I do riot havesufficient experience with the operations of the IC IG to have formed an opinion on whetfier the Whistleblowing and Source Protection Office should be established by statute within the IC IG. Ifconfirmed, asdiscussed in my response to Question 6,1 will discuss with the current IC IG staff the office's current role in outreach and training across ODNI andthe IC enterprise regarding authorized disclosures, and I will work with them to maximize the effectiveness of their role in those efforts, which could include advocating for legislative changes inthe future. QUESTION 12: To your knowledge, have you everbeen the subject of a whistleblower complaint? Ifyes, please provide dates and a briefsummary ofeach complaint ofwhich you are aware? Page 9 of 21 Answen To my knowledge, I havenever been the subjectof a whistleblower complaint QUESTION 13: What are yoiir views on the extension ofIC whistleblower protections to contractors? Answer: I do not have sufficient experience with the operations ofthe IC IG to have formed an opinion on whether IC whistleblowerprotections should be extended to contractors. If confimied, as discussedin my response to Question 6,1 will assess the current processes and outreach efforts the IC IG staff and the IC IG Forum members have in place to provide informationto individuals, within or outside the U.S. Government, on their ability to provide complaints, concerns, or information to the IC IG or their element's OIG. I will also woric with the IC IG staff, the IC IG Forum, and CIGIE to maximize the effectiveness oftheir currentwhistleblower protectionsto such individuals, particularly contractors, which could includeadvocating for legislative changes in the future. Access to Information Pursuant to Sections 103H(g)(2)(B) and (C), "[t]he Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties ofthe Inspector General" as well as "direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities[.]" QUESTION 14: Please describe how, if confirmed, you would address a situation where an agency, U.S. official, or a government contractor refused to provide such access, including what remedies you would pursue in addition to those described in Section 103H(g)(2)(E). Answer: If confumed, I would discuss issues regarding access to information with ODNI's leadership and General Counsel. In addition, if the information residedwithin an IC element other than ODNI, I would discuss the issue regarding access to the information with the particular element's leadership, General Counsel, and Inspector General, as appropriate, and with ODNI's leadership and General Counsel. If the IC employee continued to deny the IC IG with access to the information, and discussions wiA the element's leadership and General Counsel did not result in the IC IG obtaining access to the information, I would notify the oversight committee if I felt the refusal to provide access to the information impeded the ability of the IC IG to perform its duties and responsibilities. Similarly, if a contractor refused to provide access to information voluntarily, I would discuss with the IC element's management its ability to obtain such information voluntarily from the contractor as part of any contractual obligations owed by the contractor to the U.S. Government. Ultimately, if the contractor failed to comply voluntarily with a request for information, I would issue a subpoena to the contractor. QUESTION 15: Section 103H(g)(S) provides authority for the authorization and enforcement ofsubpoenas for the production ofinformation that is necessary in the performance of the duties and responsibilities of the Inspector General. What is your view of the appropriate use ofthis subpoena authority? Answer: Subpoenas are a proper and, at times, necessary method for the IC IG to obtain evidence. As a prosecutor and former defense attorney, I understand that enforcement of Page 10 of 21 OIG subpoenas can be time consuming and resource intensive, but I would not hesitate to issue such a subpoena, if appropriate. Sources ofConqtlaints QUESTION 16: Pursuant to Section 103H(g)(3), "[t]he Inspector General is authorized to receive and investigate ... complaints or information from any person concerning the existence of an activity within the authorities and responsibilities ofthe Director of National Intelligence constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of fimds, abuse of authority, or a substantial and specific danger to the public health and safety." Ifconfirmed, what steps would you take to inform individuals, within or outside of the U.S. Government, including contractors, of their opportunity to provide such complaints or information to the ICIG? Answer: If confirmed, as discussed in my response to Question 6, and in coordination with the IC IG Forum members, I will assess the current training and outreach efforts the IC IG staff and the IC IG Forum members have in place to provide information to individuals, within or outsidethe U.S. Government, on their abilityto providecomplaints or information to the IC IG or their element's OIG. I will also woilc, if confirmed, with the IC IG staff and the IC IG Forum members to maximize the effectiveness of the collective outreach and trainingeffortsby the IC IG and the IC IG Forum members to provide information on whistleblowerprotectionsto individuals, particularly contractors. Relationship to Other Inspectors General Section 103Hhas several provisions on the relationship of the IC IG to other inspectors general with responsibilities in or for elements of the IC, including Sections 103H(h)(l)(A), 103H(j)(4)(C), and 103H(1). To facilitate resolution of questions between or among inspectors general. Section 103H(h)(2) establishes in statutethe Intelligence Community Inspectors General Forum, for vvdiich the IC IG is to serve aschair. QUESTION 17: What is your understanding of these provisions on potentially overlapping responsibilities of inspectors general? In answering, please describe your priorities, if confirmed, forthe work of theOffice oftheIC IG inrelation to thework ofotherInspectors General with responsibilities concerning intelligence programs and activities. Answer: Intheevent a matter that may be subject to an investigation, inspection, audit, or review lies within theJurisdiction ofboth the IC IGandan IGwith oversight responsibility for anelement of the IC, I understand that the IC IGand such other IG shall expeditiously resolve thequestion of which Inspector General shall conduct such investigation, inspection, audit, orreview to avoid uimecessary duplication of activities of the Inspectors . General. In attempting to resolve thatjurisdictional question, I understand that the InspectorsGeneral may request the assistance of the IC IG Forum, and that the Director of National Intelligence and the head ofthe affected department or agency shall resolve the question inthe event the Inspectors General arenot ableto resolve thequestion with the IC IG Forum's assistance. Page 11 of 21 In fuither recognitionthat matters within the duties and responsibilities of the ICIG will overl{^ with Inspectors General with oversight responsibility for elements ofthe Intelligence Comrhunity, I understand that Section 103H(h)(2)establishes the IC IG as the Chair of the IC IG Forum. As the Chair, the IC IG provides a mechanism to inform the IC IG Forum members of the woric by individual members that may be of common interest and to discuss questions about jurisdiction or matters that may involve or be of assistance to more than one of its members. If confirmed, as discussed in my response to Question 6, oneof my highestpriorities will be to review with the IC IG Forum members the outreach and training programs available across the IC enterprise with regardto authorized disclosures. As part of that review, I will discuss with the IC IG Forum membersways to maximize the effectiveness of the IC IG Forum in informing individuals across the IC enterprise, includingcontractors, of their obligations and opportunities to provide such complaints or information to the IC IG or the IC IG Forum members and the authorized processes available to do so. As part ofthat review, in coordination with the IC IG Forum members, I will also undertake an immediate review of whistleblower complaints being handled currently by the IC IG and other IC IG Forum members (a) to ensure they are receiving appropriate resources, attention, and priority, (b) to identify any cross-cutting risks, vulnerabilities, or issues related to whistleblower complaintsthat might be appropriate subjectsfor future investigations, examinations, inspections, or audits by the IC IG or jointly with other IC IG Forum members, and (c) to discuss any legislative changes that might be appropriate related to autiiorized disclosures and the protections afforded to them. QUESTION 18: Please describe your understanding ofthe IC IG's leadership role vis-a-vis other Intelligence Community Inspectors General? How will you engage this leadership role? Answer: I understand that as the Chair of the IC IG Forum, the IC IG serves to inform the IC IG Forum members of the woric by individual members that may be of common interest and to discuss questions about jurisdiction or matters that may involve or be of assistance to more than one of its members. If confirmed, I will engage this leadership role by attempting to strike the right balance between the autonomy of action required for individual IC IG Forum members to perform their responsibilities and the unity of effort required by the IC IG Forum as a whole to maximize its collective efforts, efficiency, and effectiveness. As the Chair of the IC IG Forum, if confirmed, I will coordinate regularly with other IC IG Forum members, both individually and through the IC IG Forum, and I intend to continue the interactions ofthe IC IG Forum members through the audit, inspection, investigation, and counsel committee levels as well as the annual IC IG conference. QUESTION 19: Please describe your goals, if confirmed, concerning the work of the IC IG General Forum and any measures you would recommend to improve its flmctions, if warranted. Answer: If confumed, I will work with the IC IG Forum members to explore additional opportunities for joint reviews by IC IG Forum members in areas that present cross-cutting risks, vulnerabilities, or issues across the IC enterprise in an effort to maximize the effectiveness of such reviews and avoid unnecessary duplication of efforts. Page 12 of 21 QUESTION 20: Section 103H(j)(4)(C) provides that" [t]he Inspector General of the Intelligence Community may, upon reasonable notice to the head of any element of the intelligence conununity and in coordination with that element's inspector general... conduct, as authorized by this section, an investigation, inspection, audit, or review ofsuch element[.]'' What is your imderstanding ofthis provision, particularly pertaining to the "coordination with that element's inspector general"? Answer: I understand that the IC 10 should provide reasonable notice to the head of the elementof the IC and coordinatewith the element's inspector general "pursuant to [Section 103H(h)]" in conducting an investigation, inspection, audit, or review that Section I03H authorizes the IC 10 to undertake and that is within the jurisdiction of another IC element's inspector general. I understand diat "coordination with that element's inspector general pursuant to [Section 103H(h)]'' requires die IC 10 and the element's inspector general to go through the coordination process, including, if necessary, the de-confliction process provided in Section l03H(h) before eitherthe IC 10 or the element's inspector general commences such an investigation, inspection, audit, or review. By coordinating and being awareof investigations, inspections, audits, or reviews h{q>pening across the IC, this provision facilitates the role ofthe IC lO as the Chair of Ae IC lO Forum to inform the IC 10 Forum of the work by individual members of common interest and to avoid unnecessary duplication of activities. Independence QUESTION 21: Section 103H(cX3) providesthat "[t]heInspector General shall report directly to and be under the general supervision of the Director of National Intelligence." Please describe your understanding of both elementsof this provision: "reportdirectly to;" and "under the general supervision of the Director of Natioiul Intelligence." Answer I understand thatthe IC10 will "report directly to" and be "underthe general supervision" of the Director ofNational Intelligence, which provides a direct line of communication between the Director and the IC lO for purposes of keeping the Director fully and currently informed about the IC lO's performance of its duties and responsibilities. The DNI's "generalsupervision" ofdie IC lO is consistentwith the IC lO's obligation to conduct "independent investigations, audits, and reviews onprograms and activities within theresponsibility and authority" of the Director, as provided in 50 U.S.C. § 3033(bXl)- The provision is also consistent with the Director's authority to prohibit an investigation, inspection, audit, or reviewby the IC 10 "ifthe Director determines thatsuch prohibition is necessary to protect vital national security interests of the United States," as provided in 50 U.S.C. § 3033(0(1). QUESTION 22: Section I03H(k)(3) provides that in the event that the IC lO is unable to resolve any differences with the DNI affecting execution of IC lO's duties or responsibilities, theIClO shall immediately notify andsubmit a reportto the congressional intelligence committees. If confirmed, in addition to this reporting responsibility, please describe what actions you would you take ifa senior offici^ ofthe IC sought to prevent you from "initiating, carrying out, or completing" any audit or investigation within the Jurisdiction of the Office of the ICIO. Page 13 of 21 Answer: If confirmed, I would discuss issues regarding the ability of the ICIG to perform its duties and responsibilities with ODNI's leadership and General Counsel. In addition, if the issue regarding the ability ofthe IC IG to perform its duties or responsibilities arose fix)m the actions of a senior official within an IC element other than ODNI, I would discuss the issue with the particular element's leadership. General Counsel, and Inspector General, as appropriate, and with ODNI's leadership and General Counsel. If despite these efforts a senior official ofthe IC continued to prevent the IC IG from initiating, carrying out, or completing any audit or investigation widiinthe jurisdiction of die IC IG, and the Director ofNational Intelligence did not exercise his authority to prevent the IC IG frxim conducting the audit or investigation to protect vital national security interests of the United States, as provided in SO U.S.C. § 3033(f)(1),I would(a) notify the congressional intelligence committees, (b) make a criminal referral to the Department of Justice, if appropriate, and (c) refer the matter to the Director ofNational Intelligence for appropriate administrative action against the senior official, if and when appropriate. QUESTION 23: What is your view on the importance of independent hiring authority and contracting authority to ensure the independence of the IC IG? Answer Independent hiring authority and contracting audiority furthers the independence of Inspectors General, particularlytheir ability to screen, hire, and retain the best candidatesand personnel as well as to avoid compromising the office's independent investigations, inspections, audits, and reviews, ^dependent hiring authority and contracting authority, however, also consumeportions ofthe limited resourcesavailable to Inspectors General and, depending uponthe size and needs of tiie office, may not be the most efficient or effective use of those resources. I do not have sufficient experience with the operations of tiie IC IG to have formed an opinion on whetherthe size and needs of the IC IG require it to have independent hiring authority and contracting authority to ensure the independence of the IC IG. If confirmed, I will discuss with the current IC IG staffthe needsof the office with regard to hiring authorityand contracting authority to assess whether it would be an efficient and effective use of the IC IG's resources to establish and maintain independent hiringauthority and contracting authority. In addition, if confirmed, I will discuss the issue with the IC IG Forum members, including whether there are opportunities for members currently without independent hiring authority and contracting authority to usethrough inter-agency agreements and/or memorandums of understanding the independent hiringauthority and contracting authority that othermembers already possess or might obtain in the foture through legislation. Inspector General Work Plan Section 103H(g)(2XA) provides that the ICIG shall makesuch investigations and reports relating to the administration of programs and activities within the DNI'sauthorities and responsibilities as are "in thejudgment of the Inspector General, necessary, or desirable." This requirement is subjectto certain limitations in Section 103H(f), which providesthat, subject to congressional notification, the DNI may prohibit the IC IG from carrying out, or completing any investigation, inspection, audit, or review that"is necessary to protect vital national security interests of the United States." QUESTION 24: Please describe your understanding of these provisions. Page 14 of 21 Answer: My understanding is that the ICIG has the discretionto investigate, inspect, audit, review, or report on any program or activity within the authority imd responsibility of the Director of National Intelligence that is, in the judgment of the IC IG, necessary or desirable, subject only to the Director's statutory authority to prohibit an investigation, inspection, audit, or reviewby the IC IG "ifthe Director determinesthat such prohibition is necessaryto protect vital national seciirity interests of the United States," as provided in SO U.S.C. § 3033(f)(1), and to inform the congressional intelligence committees and the IC IG in the event the Director exercises such authority. QUESTION 25: If confirmed, how will you determine the investigations and reports that are "necessary or desirable" to complete each year? Answer: For necessary audits, inspections, and reviews, if confirmed, I will work to ensurethat the IC IG sets appropriate prioritiesto complete on a timely basis the required statutory reporting, Congressionally Directed Actions, and OMB-directed audit requirements. In terms of necessary investigations, if confirmed, I will work to ensure that the IC IG responds to complaints of waste, fraud, or abuse in a timely and thorough manner. In terms of initiating discretionary or "desirable" investigations, inspections, reviews, or audits, if confirmed, I will discuss with the IC IG staff and the IC IG Forum members the programs and activities that are of common.interest to multiple elementsof the IC and that afford the bestopportunity for impactful investigations and reports. QUESTION 26: If confirmed, wouldyou make it a practice to keep the congressional intelligence committees fully informed of these activities? Answer: Yes. R^errals to the Department ofJustice QUESTION 27: Please describeyour understanding ofthe authority and responsibility of the IC IG to report matters to the Department of Justice concerningpossible criminal conduct, including the conduct ofcurrent or former officials described in Section I03H(k)(3)(A)(iii). Answer: I understand that, in accordance widi section S3S of Title 28 of the United States Code, theIC IG has theresponsibility to report expeditiously to the Attorney General any information, allegation, or complaint received by Ae IC IG relating to violations ofFederal criminal law that involve a program or operation of an elementof the IC, or in the relationships between the elements of the IC, and a copyof suchreportshall be furnished to the Directorof National Intelligence. SO U.S.C. § 3033(k)(6). I also understand that the IC IG has the responsibility to notify immediately, and submit a reportto, the congressional intelligence committees in theevent thata matter requires a report bytheIC IG to the Department of Justice on possible criminal conduct by current or formerofficials described in Section 103H(kX3)(A)(iii). QUESTION 28: In your view, what should be the role, if any, ofany other office or official, including the Office of General Counsel, in making referrals to the Department of Justice? Answer Every ICoffice andofficial has a responsibility to reportpotential criminal Page 15 of 21 misconduct, and employees may report criminal allegations to the IG and/or the Getaeral Counsel. The 199S Memorandum of Understanding: Reporting of Information Concerning Federal Crimes ("MOU"). which addresses the reporting requirements in Executive Order 12333 and 28 U.S.C. § S3S(b),sets forth the procedures the General Counsel should follow in making referrals directly to the Department of Justice. If confirmed, I will encourage die General Counsel to refer such matters to the IC IG for referral to the Departmentof Justice, if appropriate, given the IC IG*s authority to coordinate the referral with the Inspectors General of individual IC elementsthat may have overlapping jurisdiction or common interests. Consultations about Reports QUESTION 29: Under what circumstances, if any, do you believe it would be appropriate for the IC IGto consult with other ODNI officials, or other officials of an IC element outside an office of an Inspector General, before issuing a report, regarding the findings and recommendations in the report? Answer: I believe it is appropriate for the IC IG to solicit comments and factual corrections by providing draft reportsof audits, inspections,or special reviews to appropriate ODNI officials, or to appropriate officials of an IC element to the extent such materials relate to a matter within Ae jurisdiction of such IC element or in the case of a joint review, which I understand is consistent with CIGIE's standards. In the context of classified audits, inspections, or special projects, I believe that providing drafts of such materialsto appropriate ODNIofficials or officials of another IC element is also proper to ensure theprotection ofclassiified, sensitive, or proprietary information. The IC IG, however, has the ultimate authority to determine the final findings and recommendations. QUESTION 30: To the extent that you believe such consultation is appropriate, what steps, if any, do you believe the Inspector General should take to keep a record of the consultation and record the results in the text of the report? Answer: Conunents by ODNI officials or officials of anodier IC element on draft IC IG reports or recommendations should be documented for the record and made part of the report, if appropriate, in accordance with CIGIE's standards. QUESTTON 31: Under what circumstances, if any, do you believe it would be appropriate for senior officials to request that the IC IG not investigate or review a particular matter? Answer: I can envision circumstances in which senior officials could have valid reasons to request that the IC IG not investigate or review a particular matter, such as a perceived lack of statutory jurisdiction for the IC IG over the matter, to avoid unnecessary duplication of efforts by an Inspector General of another IC component, or to avoid compromising covert intelligence or law enforcement operations. The IC IG should give appropriate consideration to any such valid concerns raised by senior officials andact in the best interests of the United States. Nevertheless, as discussed in my response to Question 24, the IC IG retainsthe discretionto investigateor review the matter if, in die IC IG's judgment, such investigation or review is "necessary or desirable," unless the Director of National Intelligence determines it is necessary to prohibit the investigation or review "to protect vital national security interests of the United States," as provided in SO U.S.C. § Page 16 of 21 3033(f)(1). QUESTION 32: Under what circumstances, if any, do you believe it would be appropriate for senior officials to request that the ICIG not issue a report on a particular matter? Answer: As discussed in my response to Question 31,1 can envision circumstances in which senior officials could have valid reasons to request that the IC IG not issue a report, delay issuance of a report, or limit dissemination of a report, such as to avoid compromising covert intelligence operations, law enforcement operations, or specially compartmented information. The IC IG should give appropriate consideration to any such valid concerns raised by senior officials and act in the best interests of the United States. Nevertheless,as discussed in my responses to Questions 24 and 31, the only authority to my knowledgethat may prevent the IC IG from issuing a report on a particular matter is Section 103H(f)(l), which authorizes the Director of National Intelligence to prohibit the IC IG "from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States." QUESTION 33: Under what circinnstances, if any, do you believe it would be appropriate for senior officials to request that the IC IG change findings, recommendations, or other pertinent material in a report on a particular matter? Answer: As discussed in my response to Question 29,1 believe it is appropriate for the IC IG to provide draft reports of audits, inspections, or special reviews to appropriate ODNI officials, or to appropriate officials of an IC element to the extent such materials relate to a matter within the jurisdiction of such IC element or in the case of a joint review, to provide them with an opportunity to conduct classification reviews or to solicit comments, factual corrections,or responses to recommendations. While I would include official management comments as an appendix to a final product, the IC IG has the ultimate authority to determine the final findings, recommendations, or other pertinent material to include in a report on a particular matter. Major Challenges, Problems, and Priorities QUESTION 34: In your view, what are the major challenges facing the Office of the IC IG? Answer As discussed in my response to Question 6,1 believe that one major challenge faced by the IC IG, along with the InspectorsGeneral of the individual IC elements, is to foster a cultureacrossthe IC enterprise where reportingwrongdoing in an authorized manner is viewedas a patriotic, legal, and protected duty in the context of very largeand powerful organizations that often rely uponsecretiveness and obedience to authority for their effectiveness. It is critical to educate die IC woridbrce on the audiorized means to report wrongdoing, and the protections afforded to those >^o do so, to maximize die IC's effectiveness and to minimize the risk of unauthorized disclosures and harm to our national security. In addition, as discussed in my response to Question 18,1 believethe IC IG faces a major Page 17 of 21 challenge to strike the right balance between the autonomy of action required for individual ICIG Forum members to perform their responsibilitiesand the unity of effort required by the IC IG Forum as a whole to maximize its collective efforts, efficiency, and effectiveness. QUESTION 35: If confirmed, how do you intend to address these challenges and what priorities, including for the selection of subjects for audits, inspections, investigations, and reviews, would you establish to address these challenges? Answer: As discussed in my response to Question 6, if confirmed, I will lead the efforts of the IC IG to do its part to support and spread awareness about the authorized means available to individuals to report wrongdoing within ODNI and across the IC enterprise without compromising national security. And I will have die IC IG promote fair, impartial, and effective processes to protect individuals who avail themselves of those authorized means from retaliation, including by working to ensure there are meaningful consequences for those who retaliate against individuals who make lawful disclosures. In addition, as discussed in my response to Question 18, as the Chair of the IC IG Forum, if confirmed, I would coordinate regularly with other IC IG Forum members, both individually and throu^ the IC IG Forum, to lead the efforts to unify the IC IG Forum members to tackle the most pressing challenges and priorities confronting the IC enterprise. Personnel and Budgetary Resources ofthe IC/G*s Office Section 103HG)(2)(B) provides that the Inspector General shall ensure that personnel shall have the required fraining and experience to enable the IC IG to carry out the duties of the IC IG effectively. Section 103HG)(2)(C) provides that the IC IG "shallcreate ... a career cadre of sufficient size to provide appropriate continuity and objectivity nieeded for the effective performance ofthe duties ofthe Inspector General." QUESTION 36: Please describe how, if confirmed, you would create the career cadre sufficient to satisfy these statutory obligations and what, in your view, is necessary to meet these obligations. Answer: Based on my review of the IC IG's publicly available Semi-Annual Reports and the representations of the IC IG in those Reports, I understand that the IC IG already has established the career cadre sufficient to satisfy and meet the IC IG's statutory obligations. To enhance drat career cadre, as discussed in my response to Question 2,1 believe that the IC IG should maintain a commitment to integrity, excellence, discipline, and independence. To that end, if confirmed, I intend to retain and recruit the career cadre who share those commitments and who demonstrate the character, professionalism, experience, and skills necessary to meet those commitments and continue to satisfy the IC IG's statutory obligations. QUESTION 37: If confirmed, what changes, if any, would you expect to consider or make in the present Office of the IC IG, with regard to organization, staff qualifrcations, training, budget, or other features relevant to the effective performance of the duties of the office? Page 18 of 21 Answer: I do not currentlyhave sufficient information to determine what changes, if any, I would expect to consider or make, if confirmed, regarding the organization, staff qualifications, training, budget, or other features relevant to the effective performance of the duties of the office. As discussed in my responses to Questions 6 and 34, one ofthe major challengesthat 1believe the ICIG fkces, along with the Inspectors General ofthe individual IC elements, is in the area of whistleblowing. If confirmed, I will undertake an immediate review ofthe IC IG, including by seeking the views of IC IG Forum members and the congressional oversightcommittees, to assess whether changes are necessary in the IC IG's organization, budget, training, personnel, authorities, or overall vision of itselfto meet this challenge. QUB^TION 38: Under what circumstances, if any, do you believe that the use of contractors to perform such functions is appropriate? Answer: I do not havesufficient information to have formed a view on the appropriate use of contractors to perform IG functions. I understand that it is common practice for OIGsto use contractors to perform financial statement and related audits, including audits pursuant to the Federal Information Security Modemization Act (FISMA). If confirmed, I will consult with the IC IG's career cadre, the IC IG Forum, and CIGIE to obtain their collectiveviews on the efficient,effective, and proper uses of contractors to assist the IC IG to perform its duties and responsibilities. QUESTION 39: In your view, are there any barriers or disincentives, including any created by personnel policies, which impede the recruitmentor retentionofqualified IG personnel? If so, please describe them, as well as how, ifconfirmed, you would address these impediments. Answer: I do not have sufficient information to assesswhetherthere currently are barriers or disincentives, including anycreated by personnel policies, which impede the recruitment or retention ofqualified IG personnel. If confirmed, I will consult with the IC IG's career cadre, the IC IGForum members, and CIGIE to obtain theircollective views on any such barriers or disincentives. I understand that, generally, hiring andretaining experienced auditors and investigators can be particularly challenging within an OIG. If confumed, I intend to focus particular attention on these twopersonnel challenges. For example, regarding experienced investigators, I intend to review with the IC IG and the IC IG Forum, andto benchmark withotherCIGIEmembers, the availability of law enforcement authority for special agents. I understand the Intelligence Authorization Act of 2017 granted Ae Office ofAe Inspector General (OIG) for Ae Central Intelligence Agency (CIA) Ae auAority to designate certain positions held bycriminal mvestigators as law enforcement officers. Office of Personnel Management Series 1811. I understand Congress granted AisauAority to Ae CIA OIG to assist it inrecruiting and hiring experienced investigators. Ifconfirmed, I intend toexplore wheAer such auAority would be similarly beneficial to Ae IC IG and oAer IC IG Forum members. Oversight ofAcquisition Programs and Contracts QUESTION 40: What role, if any, do you believe Ae IC IG should play in achieving acquisition reform? Page 19 of 21 Answer: As a prosecutor, I have seen first-hand the ways effective OIG investigations, in particular, can reform the government acquisitionprocess by identifying, exposing, and remediating poor internal controls and procurement practices. If confirmed, the ICIG will play a leading role in achievingacquisition reform (a) through the IC IG's own independent and objective investigations, inspections, examinations, and audits; (b) through joint investigations, inspections, examinations, and audits with other IC IG Forum members; and (c) through the IC IG's role as Chair of the IC IG Forum to inform its members of the work of individual members or joint efforts that are of common interest in the area of acquisition reform. QUESTION 41: What is your view of the role the IC IG should play in advising the IC and the Congress on the sufficiency ofmanagement controls in acquisition programs and the impact that legislative and regulatory proposals could have on such management controls? Answer: As discussed in my response to Question 40, if confirmed, I believe that the IC IG should play a leading role in advising the IC and Congress on the sufficiency of management controls in acquisition programs (a) through the IC IG's own independent and objective investigations, inspections, examinations, and audits; (b) through joint investigations, inspections, examinations, and audits with other IC IG Forum members; and (c) through the IC IG's role as Chair of the IC IG Forum to inform its members and the congressional intelligence committees of the work of individual members or joint efforts that are of common interest in the area of management controls in acquisition programs. QUESTION 42: What is your view of the role the IC IG should play in oversight, audit and investigation over contracts in the IC? Answer: In my view, the IC IG should play a leading role in assisting the Director of National Intelligence and Congress to oversee contracts in the IC (a) through the IC IG's own independentand objective auditsand investigations;(b) throughjoint audits and investigations with other IC IG Forum members; and (c) through the IC IG's role as Chair of the IC IG Forum to inform its members of the work of individual members or joint efforts that are of common interest in the area of IC contracts. If confirmed, I will bring to the IC IG my experience in combattingfraud and public corruption as a prosecutor to ensure the IC IG's Audit and Investigations Divisions, in coordination with the Audit and Investigations Divisions of other IC IG Forum members, work efficiently and effectivelyto combat procurement fraud. Professional Experience QUESTION 43: For each ofthe following, please describe specifically how your experiences will enable you to serve effectively as the IC IG. Please include within each response a description of issues relating to the position that you can identify based on those experiences: a. Senior Counsel to the Assistant Attorney General, U.S. Department of Justice, National Security Division Answer: My experience in helping to coordinate the responses to unauthorized disclosures while serving as the Senior Counsel to the Assistant Attorney General, Page 20 of 21 U.S. Department ofJustice, National Security Division (NSD), should assist me in serving effectively as the IC IG. As part ofthis position, I have assisted in coordinating the Department's efforts to investigate and prosecute unauthorized disclosures across the IC enterprise. Thisexperience has reinforced for me the important role that fair, impartial, and effective whistleblower protection processes play in maximizing the IC's effectiveness and minimizing the risks ofunauthorized disclosures and harmto our national security. As part ofthis experience, I have also beena consumer anduser of intelligence from multiple intelligence sources, and I have seen first-hand the benefits to our countrywhen Aere is a unity of effort by the Intelligence Community to address national security needs. b. Acting Deputy Assistant Attorney General, National Asset Protection, U.S. Department of Justice, National Security Division Answer: My experience inthe area of cybersecurity while serving asNSD'sActing Deputy Assistant Attorney General, National Asset Protection, should assist me in serving effectively asthe IC IG. This experience has shown me, among other things, how foreign intelligence services and theirproxies seek to compromise national security byselling goods and services to theU.S. Government and U.S. companies (also known as supply chain risk). This experience should help to inform my activities as the IC IG, if confirmed, in investigating, inspecting, auditing, and reviewing the acquisition process, in particular. c. Assistant U.S. Attorney, U.S. Department ofJustice, United States Attorney's Office, District of Columbia Answer: My experience in supervising the investigations of complex government procurement firaud and public corruption matters as an Assistant United States Attorney fortheUnited States Attorney's Office fordieDistrict of Columbia should assist me in serving effectively as the IC IG. As part of this experience, I was responsible forensuring thetimely and thorough investigations of such matters diat I handled personally and that1supervised as dieDeputy Chiefand, later, the Acting Chief ofthe Fraud and Public Corruption Section for the U.S. Attorney's Office for the Districtof Columbia. This supervisory experienceincludedsupervising other attorneys, investigators, auditors, accountants, and support staffpersonnel. d. Trial Attorney, U.S. Department ofJustice, Criminal Division, Fraud Section Answer: Myexperience in investigating andprosecuting complex white-collar fiaud mattersas a Trial Attorney with the U.S. Departmentof Justice, Criminal Division, Fraud Section,shouldassist me in serving effectivelyas the IC IG. I believe that my experience as a Trial Attomey in working on a regular basis with a variety of federal lawenforcement agencies, the Intelligence Community, many OIGs, and other government departments and agencies will serve mewell as theIC IG,if confirmed, particularly inworking to coordinate with multiple OIGs to act inthe bestinterests of the United States. This experience, together with myprior experience as a whitecollardefense attomey, also required me to understand how books and records should look, how books and records can be maskedto conceal wrongdoing, and the structures and controlstfiat are susceptible to fraud or abuse. Page 21 of 21