[Senate Hearing 111-487]
[From the U.S. Government Publishing Office]
S. Hrg. 111-487
NOMINATIONS TO THE DEPARTMENT
OF TRANSPORTATION, THE SURFACE
TRANSPORTATION BOARD, THE NATIONAL
TRANSPORTATION SAFETY BOARD, AND THE
CORPORATION FOR PUBLIC BROADCASTING
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JULY 29, 2009
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas,
JOHN F. KERRY, Massachusetts Ranking
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JIM DeMINT, South Carolina
MARIA CANTWELL, Washington JOHN THUNE, South Dakota
FRANK R. LAUTENBERG, New Jersey ROGER F. WICKER, Mississippi
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MEL MARTINEZ, Florida
MARK WARNER, Virginia MIKE JOHANNS, Nebraska
MARK BEGICH, Alaska
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce H. Andrews, General Counsel
Christine D. Kurth, Republican Staff Director and General Counsel
Brian M. Hendricks, Republican Chief Counsel
C O N T E N T S
----------
Page
Hearing held on July 29, 2009.................................... 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Hutchison................................... 3
Prepared statement........................................... 4
Statement of Senator McCaskill................................... 6
Statement of Senator Thune....................................... 7
Witnesses
Hon. Richard Durbin, U.S. Senator from Illinois.................. 5
Hon. Sherrod Brown, U.S. Senator from Ohio....................... 7
Hon. Mark Udall, U.S. Senator from Colorado...................... 8
Christopher P. Bertram, Assistant Secretary-Designate for Budget
and Programs and Chief Financial Officer, Department of
Transportation................................................. 9
Prepared statement........................................... 10
Biographical information..................................... 10
Susan L. Kurland, Assistant Secretary-Designate, Aviation and
International Affairs, Department of Transportation............ 15
Prepared statement........................................... 17
Biographical information..................................... 17
Daniel R. Elliott, III, Member-Designate, Surface Transportation
Board.......................................................... 25
Prepared statement........................................... 25
Biographical information..................................... 26
Hon. Christopher A. Hart, Member-Designate, National
Transportation Safety Board.................................... 31
Prepared statement........................................... 32
Biographical information..................................... 33
Patricia D. Cahill, Member-Designate, Board of Directors,
Corporation for Public Broadcasting............................ 40
Prepared statement........................................... 41
Biographical information..................................... 42
Appendix
Response to written questions submitted by Hon. Frank R.
Lautenberg to Christopher Bertram.............................. 57
Response to written questions submitted to Susan Kurland by:
Hon. Tom Udall............................................... 57
Hon. Johnny Isakson.......................................... 58
Response to written questions submitted to Daniel Elliott by:
Hon. Maria Cantwell.......................................... 59
Hon. Frank R. Lautenberg..................................... 60
Hon. Tom Udall............................................... 61
Hon. Kay Bailey Hutchison.................................... 61
Hon. John Thune.............................................. 62
Hon. Johnny Isakson.......................................... 64
Hon. Sam Brownback........................................... 64
Response to written questions submitted by Hon. Tom Udall to Hon.
Christopher Hart............................................... 64
Response to written questions submitted to Patricia Cahill by:...
Hon. Frank R. Lautenberg..................................... 65
Hon. Tom Udall............................................... 66
NOMINATIONS TO THE DEPARTMENT
OF TRANSPORTATION, THE SURFACE
TRANSPORTATION BOARD, THE NATIONAL
TRANSPORTATION SAFETY BOARD AND THE
CORPORATION FOR PUBLIC BROADCASTING
----------
WEDNESDAY, JULY 29, 2009
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. The hearing will come to order. Good
afternoon, everyone. I welcome you.
Are those who are going to introduce our nominees here? No?
Well, there's nothing like loyalty.
[Laughter.]
Senator Hutchison. Mr. Chairman, I am going to introduce
one, but I think we ought to go ahead let them come up.
The Chairman. Thank you. I appreciate your advice.
We have five very important nominations, and I am very
proud of the folks that we are going to be taking a look at. I
think it is always spectacular when people give up the
opportunity to do other things and come into public service
where you are guaranteed to come out 20 years older and 30
years poorer, but you do not care because you want a chance to
serve your country. And that is true, I think, in both
Democratic and Republican administrations. The sense of public
service is very deep and very strong and one that we all honor.
I think with Chris Bertram, the President's nominee to be
Assistant Secretary for Budget and Programs and Chief Financial
Officer of the United States Department of Transportation, he
needs all the encouragement he can possibly get.
[Laughter.]
The Chairman. He has been such a valuable resource to our
Committee that all of this is a little bit bittersweet. He is
professionally committed to achieving bipartisan compromise and
he is very effective. Chris has a long history of public
service in the transportation industry and all kinds of other
important matters.
Mr. Daniel Elliott is the President's nominee to serve and
lead the Surface Transportation Board. You too, sir, only have
a few minutes to reconsider your whole situation.
[Laughter.]
The Chairman. Being the head of the STB is hard. It is just
plain hard. I do not worry about you in any respect.
It is the agency that has the task of overseeing economic
regulation of the railroad industry. It also has to keep in
mind something called shippers. There are railroads and there
are people who put things on railroads that give railroads
their profits and their capacity to proceed. It has been sort
of a one-sided game in this person's judgment for the last 24
years or so. Everything has been for the railroads. Very little
has been for the shippers. I have many, many, many reasons for
saying that.
Mr. Elliott comes from the Board of the United
Transportation Union, where he served as Associate General
Counsel since 1993. So he knows not just our board, but a
variety of other railroad boards very, very intimately.
I have had a lot of concern about railroad shippers. It has
sort of been the thing I have worked on for 24 consecutive
years and made no progress whatsoever. I expect it all to
change under you, sir.
Ms. Susan Kurland, the President's nominee to be Assistant
Secretary for Transportation for Aviation and International
Affairs at the U.S. Department of Transportation, brings
critical experience as Director of the Airport Division at the
FAA and extensive work with aviation in the private sector. As
you are aware, the Committee marked up the FAA reauthorization
bill to come before the full Senate. I hope you will discuss
your thoughts on all of this and there will be time for that.
Mr. Christopher Hart, the President's nominee to be a
Member of the National Transportation Safety Board, of which
our Ranking Member was a Member of that Board for a long period
of time, that being Senator Hutchison, has a long history at
the FAA and was a Member of the NTSB from 1990 to 1993.
Are you looking for an appointment?
[Laughter.]
Senator Udall. Mr. Chairman, I already have one from the
good people of Colorado.
The Chairman. Oh, you do.
Senator Udall. Yes, sir.
The Chairman. So you are here to introduce somebody.
Senator Udall. I am, Mr. Chairman.
The Chairman. Well, that is good. OK. We want to keep all
the options open here.
Finally, Ms. Patricia Cahill, the President's nominee to be
a Member of the Board of Directors of the Corporation for
Public Broadcasting and currently serves as General Manager of
a public radio station which boasts more than 190,000 listeners
weekly. As a CPB Board Member, Ms. Cahill will take on
tremendous public trust at a transformative time for broadcast
media. It will be your job to make sure that public
broadcasting evolves as media consumption moves beyond
traditional radio and television and, to be quite frank, is in
peril.
It is sort of my bromide that two things in peril in this
country are classical music and public broadcasting, and they
track each other. They used to be way up there. Now they are
down to about 3 percent. Three percent of Americans buy
classical CDs. Three percent of Americans watch public
television. However, they are some of the most important
Americans around, and many of them are in this city.
So I thank you for coming forward. And before I call on
those who will introduce the nominees, I obviously call on the
Ranking Member, Senator Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you, Mr. Chairman. I hope that
means you have taken NASA off your list of imperiled agencies.
Thank you, Mr. Chairman, for having this hearing. We are
really well on our way to filling the agencies and Departments
that are so important for our country, and I am pleased.
First, I want to talk about Chris Bertram, and this is my
introduction of Chris who will be the Assistant Secretary for
Budget and Programs at the Department of Transportation. He is
a member of our Committee staff, has been since 2003, and has
done a wonderful job as our Senior Budget Advisor and
Professional Staff Member. He also is a native of Fort Worth,
Texas, and he will bring great talent to the Department of
Transportation.
He has handled a wide variety of issues over the years,
including aviation, surface transportation, auto and highway
safety, transportation security, and auto fuel efficiency
standards.
Prior to joining our Committee, he was the Assistant
Administrator for Financial Services and Chief Financial
Officer for the FAA. He also has been a senior aide on the
House Committee on Transportation.
Chris has a master's degree in public policy from Harvard
University and a bachelor's degree from Trinity University in
San Antonio.
I am very pleased that he has been given this chance to
contribute to the Department of Transportation.
Susan Kurland, nominated for Assistant Secretary of
Aviation and International Affairs at the Department of
Transportation, is going to be serving in a very important
capacity as we craft a plan to move forward in the next
generation air traffic control system. Our Committee, with
Senator Rockefeller in the lead, has been working on FAA
reauthorization, and we are trying very hard to get NextGen up
and going. We are already behind many parts of the world in
getting our air traffic control system into the technology of
today, and that will be a very important focus for Ms. Kurland.
Daniel Elliott is going to, if confirmed, be designated as
Chairman of the Surface Transportation Board. I have been
working with Chairman Rockefeller and others to draft a
comprehensive STB reauthorization, which we have not had since
1996. And I think that it is very important that this be a
balanced consensus measure to address shippers and the rail
industry concerns because both are very important to our
economy. So I will look forward to hearing from Mr. Elliott.
I want to welcome Christopher Hart, nominated for the NTSB.
As a former Vice Chair of that organization, I know how
important the role of safety for our country is in the NTSB.
There are several important traffic, airline, and metro
investigations going on now. So I hope that we can confirm Mr.
Hart to that important Board.
And Ms. Patricia Cahill, as has been said, will be on the
Board of Directors of the Corporation for Public Broadcasting.
It is very important. I am surprised that the Chairman says 3
percent of our country actually listen to it. I think it is
great too, and particularly I think their children's
programming on television is the best in the business. So I
look forward to her as well.
Thank you, Mr. Chairman. And I think we have a good group
of nominees here today.
[The prepared statement of Senator Hutchison follows:]
Prepared Statement of Hon. Kay Bailey Hutchison, U.S. Senator from
Texas
Thank you, Chairman Rockefeller, for holding today's hearing to
consider several nominees for important positions within the Federal
Government.
I think I speak for all Committee members in expressing delight and
indeed pride that among today's nominees, we are considering Mr. Chris
Bertram, who has been nominated to serve as Assistant Secretary for
Budget and Programs at the Department of Transportation (DOT). Chris is
a member of my Committee staff and also happens to call Fort Worth,
Texas, ``home.'' We are all thrilled that the President recognizes
Chris's great talents and professionalism and has reached across the
aisle to nominate him for this important position at the Department.
Since 2003, Chris has served as this Committee's Senior Budget
Advisor and Professional Staff Member, handling a wide variety of
issues over the years, including aviation, surface transportation, auto
and highway safety, transportation security, and auto fuel efficiency
standards. Prior to joining our Committee, he was the Assistant
Administrator for Financial Services and Chief Financial Officer for
the Federal Aviation Administration (FAA), where he was the principal
advisor to the Administrator on the agency's budget, performance
management, and financial management. Chris has also been a senior aide
with the House Committee on Transportation and Infrastructure as well
as having served in various capacities with the Office of Management
and Budget and in the DOT. He has a Master in Public Policy Degree from
Harvard University and a Bachelors Degree from Trinity University in
San Antonio, Texas.
Today, we will also consider the nomination of Ms. Susan Kurland to
be Assistant Secretary for Aviation and International Affairs at the
Department of Transportation. If confirmed, Ms. Kurland will play an
important role in crafting our national aviation policy. This position
is especially important right now as we continue the FAA
Reauthorization process and have tried to craft a plan for moving
forward in the Next Generation Air Traffic Control system.
We will also consider that nomination of Mr. Daniel Elliot, who has
been nominated to serve as a Member of the Surface Transportation Board
(STB), and if confirmed, will be designated its Chairman. I have been
working with Chairman Rockefeller and others to draft a comprehensive
STB reauthorization measure and hope that we can achieve a good,
balanced consensus measure to address shippers and rail industry
concerns. Despite efforts by many of us to reauthorize and improve the
Board over the past years, it has not been reauthorized since its
creation in January 1996. I look forward to hearing Mr. Elliot's views
on the important issues facing the Board.
I would also like to welcome Mr. Christopher Hart, nominated to be
a Member of the National Transportation Safety Board (NTSB). As a
former NTSB Vice-Chair, I understand well the important role the Board
plays in promoting our Nation's transportation safety. There are
several important transportation accident investigations ongoing at the
Board--including the investigation of the recent deadly Metro
accident--so it is appropriate that we move swiftly on Mr. Hart's
confirmation.
And last but not least, the only non-transportation related nominee
here today, I would like to welcome Ms. Patricia Cahill. Ms. Cahill has
been nominated to serve on the Board of Directors of the Corporation
for Public Broadcasting. Public broadcasting serves an important role
in communities. It provides high quality educational programming and
news to viewers and the CPB makes significant contributions to our
communities through outreach activities. I look forward to hearing Ms.
Cahill's vision for public broadcasting today.
Again, thank you, Mr. Chairman. I look forward to hearing from the
nominees.
The Chairman. Thank you very much.
I now call on the distinguished and incredibly powerful
Senator from Illinois, a State which I married into.
[Laughter.]
The Chairman. He is quite marvelous and he is going to
introduce Susan Kurland. Senator Durbin?
STATEMENT OF HON. RICHARD DURBIN,
U.S. SENATOR FROM ILLINOIS
Senator Durbin. Mr. Chairman, thank you very much. From the
incredibly powerful State of West Virginia, I appreciate that
introduction, and Senator Hutchison, thank you as Ranking
Member.
This is an opportunity for me to introduce Susan Kurland
for her nomination to the Department of Transportation to serve
as Assistant Secretary for Aviation and International Affairs.
She has a long record of service in aviation, which I know is
important to the Chairman and to all of us, both in Illinois
and here as part of the Federal Government. Her experience will
certainly serve her well.
She began her public service career with the City of
Chicago, where she was General Counsel to one of the Nation's
largest aviation systems. She was responsible for overseeing
all legal issues at O'Hare Airport, the busiest in our Nation.
Her experience in Chicago caught the attention of President
Clinton, who asked her to serve as Associate Administrator for
Airports at the FAA. Her work at the FAA gave her a keen
understanding of the impact airports have on cities large and
small. She knows firsthand how crucial airports and reliable
air service are to the economic success of our communities.
Commercial air service and modern airports have a direct
impact on a city's ability to create and attract businesses,
and I know this Committee is committed to that, as it supports
and administers the Essential Air Service program, the Federal
program created to get all of America connected to our national
and international aviation system.
Susan, if confirmed, will be directly responsible for
administering this program. With her Midwestern roots and her
experience at the local and national level, I am confident she
will work with the Committee to breathe new life to Essential
Air Service and the many communities who depend on it.
Chairman Rockefeller and Members of the Committee, I want
to thank you for the opportunity to introduce Susan Kurland,
and as you conduct this hearing and the strong oversight the
Committee is known for, I can assure you you will find that she
shares your understanding of the critical role of our national
aviation system. Thank you.
The Chairman. Thank you, Senator Durbin.
Now I would call on Senator McCaskill to introduce Patricia
Cahill to be a Member of the Corporation for Public
Broadcasting.
STATEMENT OF HON. CLAIRE McCASKILL,
U.S. SENATOR FROM MISSOURI
Senator McCaskill. Thank you, Mr. Chairman.
The Chairman. You have got an hour, if you want to take it.
Senator McCaskill. An hour?
The Chairman. Yes, take an hour.
Senator McCaskill. I am going to bitterly disappoint you. I
am just going to take a few minutes.
I want to thank you, Mr. Chairman, for the opportunity to
introduce an outstanding nominee for the Board of the
Corporation of Public Broadcasting.
Patty Cahill I have known and been acquainted with her work
for many, many years. She has worked in public radio for 40
years, and it has, in fact, been her career.
She is currently the General Manager of KCUR-FM, the public
radio station at the University of Missouri in Kansas City. She
is also an Assistant Professor at the University, where she
teaches broadcast management. Her experience at KCUR, her prior
experience at other radio stations, her service on the Board of
Directors at National Public Radio, and her previous role at
the Corporation for Public Broadcasting make her more than
qualified for this position.
The programming provided and administered by the
Corporation for Public Broadcasting is the kind of public/
private partnership that we can all support. Public
broadcasting continually puts out quality programming that is
educational, informative, and intellectually stimulating. In an
age where viewers and listeners have many choices, public
broadcasting standards are at a higher level and provides the
public with the in-depth coverage that we just cannot get other
places. Patty's experience and leadership will help ensure that
the Corporation for Public Broadcasting continues these high
standards.
I am very proud to have nominated her to the board, and I
certainly urge the Committee and the Senate to confirm her
nomination. Let me just tell you I think that there are many
things about Patty that will make her good at this job, but
from my part of the world, we like to brag on our common sense,
and Patty Cahill has a boatload of common sense that she will
bring to this work. I think our country will be well-served by
it and I know public broadcasting will.
Thank you, Mr. Chairman, and congratulations to you, Patty
Cahill. And thank you, Ranking Member, Ms. Hutchison, also.
The Chairman. Thank you, Senator McCaskill. After that
introduction, it may not be necessary even to have her give
testimony. We will just vote her right through.
Now I want to call on Senator Sherrod Brown to introduce
Daniel Elliott for the Surface Transportation Board.
I have to just tell a very bad joke because his brother is
actually here. Charlie Brown is Sherrod Brown's brother.
Charlie Brown comes from West Virginia. I have had a very hard
time adjusting to the fact that there could be anyone other
than Charlie Brown. So I call Sherrod--I call him Charlie. And
in return for that elegance on my part, he calls me Nelson.
[Laughter.]
The Chairman. A true story. And it has worked out very
well.
STATEMENT OF HON. SHERROD BROWN,
U.S. SENATOR FROM OHIO
Senator Brown. Now I call you ``Mr. Chairman.'' Thank you,
Mr. Chairman.
Ranking Member Hutchison, thank you, and Senator Thune and
Senator McCaskill, thank you. And Jay, thanks very much for
that introduction.
I am pleased to offer my strong support for the nomination
of my fellow Ohioan, Daniel Elliott III, to serve as Chairman
of the Surface Transportation Board. This is an important
moment for the STB and for the railroads and the shippers and
the consumers that count on the Board's fair and impartial
judgment. We must have a smart, competent Chairman at this
critical juncture, and I believe and am proud to introduce Dan
Elliott as that person.
Before I continue, I should tell you all that Dan Elliott
is a distant cousin of mine, but in a world where President
Obama and Vice President Cheney are also distant cousins, I
think we can agree that a dab of DNA is by no means destiny. So
you should not hold that against Dan.
The Committee should also know, however, way more
importantly, that Dan's credentials speak for themselves. Dan
has practiced law for some 20 years, 16 of those as Associate
General Counsel at the United Transportation Union in
Cleveland. In his role, Dan has argued cases before several
U.S. circuit courts of appeals, before the STB, before the
National Mediation Board, and before the National Labor
Relations Board. He has worked extensively with the parties
involved in both the shipping and the rail business, and he has
both the experience and the expertise needed to successfully
fulfill the difficult role as STB Chairman.
In addition to his work on behalf of employees, Dan has
published numerous articles on the Railway Labor Act, as well
as other facets of the railroad industry.
Dan is joined by his parents, Dan Elliott and Carolyn Chad
Giltz, who are sitting behind me and behind him.
Over the years, I have witnessed Dan's dedication to his
family, his integrity, and his dedication to the task at hand.
That is why I am proud of him. I am proud of his public service
and I look forward to his service as Chair of the STB. I offer
my wholehearted support for the nomination of Dan Elliott III
to serve as the Chairman of the Surface Transportation Board.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator.
Senator Udall, before I call on you, I wanted to call on
Senator Thune, who wants to speak on behalf of one of our
nominees, Mr. Bertram, Chris Bertram, because he has worked
diligently on the minority staff, formerly the majority staff.
Senator Thune?
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman. I did not mean to
preempt the Senator from Colorado. Maybe it is seniority around
here or something. Right?
But I do appreciate the opportunity to say congratulations
to Chris Bertram and to congratulate all our nominees today for
their willingness to serve their country. I think there are a
lot of reasons why one would accept the call to public service.
I think public service is a very high calling. But it is
especially true when we are facing troubled economic times,
when our Nation and Government are facing historic challenges
that you want to have people involved in public service that
are qualified and that are dedicated to their jobs. I
congratulate all of our nominees today for their nominations
and their willingness to serve.
But I do, in particular, want to welcome Chris Bertram back
to the Committee. I first got to know Chris while I served on
the House Transportation and Infrastructure Committee and we
were working on a highway bill many, many years ago. And I am
quite certain that, if there is anything that Chris will not
miss about being up here, it is writing another highway bill
and working out formulas between donors and donees. He will
probably be glad to leave that in the rear view mirror.
But most recently, as the Ranking Member of the Surface
Transportation Subcommittee, I have had the pleasure of working
with Chris on many of the challenging transportation issues
over the past several months. I really commend the President
and Secretary LaHood for recognizing Chris with this honor. His
skills are going to be a great asset to the DOT, although a
great loss to this Committee. But Chris is the consummate
professional, Mr. Chairman, as I know you--everybody, I think,
who serves on this Committee and the staff, all know. And we
look forward to working with him in a new role and continuing
to move the issues that are important to transportation and
infrastructure development in this country forward.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Thune.
Now, Senator Mark Udall, I call on you to introduce
Christopher Hart.
STATEMENT OF HON. MARK UDALL,
U.S. SENATOR FROM COLORADO
Senator Udall. Thank you, Mr. Chairman.
I enjoyed, I think as everybody did here, the comments you
directed at Senator Brown and the ones that he has directed
back at you. I know in Arizona, enough Udalls have served in
public office that there is an old saying that you cannot spit
without hitting a Udall. I do not know, when it comes to the
Rockefeller family, what is said in New York and West Virginia
and Arkansas. But at some point, you might be able to elaborate
further.
The Chairman. Oh, we are just sort of Eastern elitists.
[Laughter.]
Senator Udall. On that note, Mr. Chairman, thank you for
inviting me here today, and Ranking Member Hutchison, Senator
McCaskill, Senator Thune. It is my distinct honor to introduce
and recommend for your favorable consideration a very
impressive Coloradan, Christopher Hart. I am sure he would
express great affection for West Virginia and Texas and South
Dakota and Missouri, if you ask him, as well.
His resume, if you look at it, is a testament to his
commitment to and expertise in the area of transportation
safety. What gives me the most confidence, Mr. Chairman, is his
ability to serve effectively on the NTSB, as he served in that
very capacity before. He had an impressive private career which
was preceded by the winning of an engineering degree at
Princeton and then a law degree at Harvard, and then he went
into private practice.
He turned to public service in 1990, and served on the NTSB
in that era. And since then, he has served in various roles at
the National Highway Traffic Safety Administration, the Federal
Aviation Administration, and he was most recently serving as
the Deputy Director of the Air Traffic Safety Oversight Service
at the FAA.
In addition to being an authority on transportation safety,
he is a pilot himself, with almost 3,000 hours. And I am sure
that his experience flying will really add to his understanding
of transportation safety issues and make him that much more
effective in his role at the NTSB.
So it is clear, Mr. Chairman, he is very well qualified,
has a remarkable background, and I hope the rest of the
Committee will be as impressed with him as I have been. Should
he be confirmed, his wealth of experience will ensure that we
have a safer transportation system.
Thank you for inviting the Senator from Colorado over here.
The Chairman. Thank you, Senator. Thank you for taking the
time.
Now, we have three chairs, but those are all for Senators.
So we have to perform a little identification switch, and then
if I could get the nominees all to come and sit at the table
and then each give their opening statements, which are already
a part of the record, I would be grateful.
Mr. Bertram, in that you have sort of an inside track here,
why do you not lead off?
STATEMENT OF CHRISTOPHER P. BERTRAM,
ASSISTANT SECRETARY-DESIGNATE FOR BUDGET
AND PROGRAMS AND CHIEF FINANCIAL OFFICER
DEPARTMENT OF TRANSPORTATION
Mr. Bertram. Thank you, Mr. Chairman, Senator Hutchison,
and Senator Thune. It is a great honor for me to appear before
you today as the President's nominee for the position of
Assistant Secretary of Budget and Programs and Chief Financial
Officer at the Department of Transportation.
The Department of Transportation's annual budget exceeds
$70 billion. This funding supports programs designed to improve
transportation safety, modernize the country's infrastructure,
and improve the operation of transportation systems. As
Assistant Secretary and CFO, one of my top priorities would be
to ensure that this funding is managed as effectively as
possible so that the taxpayers can be assured that their
Government is investing their transportation dollars wisely.
If confirmed, I look forward to working closely with the
Congress on many of the important transportation challenges
facing our country, including the modernization of the air
traffic control system, the reauthorization of the Department's
surface transportation programs, and improving transportation
safety.
Finally, I would like to thank the members and staff of
this Committee for the opportunity to have worked with them
over the last 6 years on important and interesting issues and
legislation. This Committee has improved the Nation's
transportation systems and promoted the safety of the traveling
public, and I will always appreciate having played a supporting
role in your many legislative accomplishments.
I will be happy to respond to any questions. Thank you.
[The prepared statement and biographical information of Mr.
Bertram follows:]
Prepared Statement of Christopher P. Bertram, Assistant Secretary-
Designate, for Budget and Programs and Chief Financial Officer,
Department of Transportation
Thank you, Mr. Chairman, Senator Hutchison and Members of the
Committee. It is a great honor for me to appear before you today as the
President's nominee for the position of Assistant Secretary of Budget
and Programs and Chief Financial Officer (CFO) at the Department of
Transportation.
The Department of Transportation's annual budget exceeds $70
billion. This funding supports programs designed to improve
transportation safety, modernize the country's infrastructure, and
improve the operation of transportation systems. As Assistant Secretary
and CFO, one of my top priorities would be to ensure that this funding
is managed as effectively as possible so the taxpayers can be assured
that their government is investing their transportation dollars wisely.
If confirmed, I look forward to working closely with the Congress
on the many important transportation challenges facing our country
including the modernization of the air traffic control system, the
reauthorization of the Department's surface transportation programs,
and improving transportation safety.
Finally, I would like to thank the members and staff of this
Committee for the opportunity to have worked with them over the last 6
years on important and interesting issues and legislation. This
Committee has improved the Nation's transportation systems and promoted
the safety of the traveling public and I will always appreciate having
played a supporting part in your many legislative accomplishments.
I will be happy to respond to any questions.
Thank you.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Christopher Patrick Bertram.
Nickname: Christoph and Chris.
2. Position to which nominated: Assistant Secretary for Budget and
Programs, and Chief Financial Officer, Department of Transportation.
3. Date of Nomination: July 9, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: DSOB 560, Washington, D.C. 20515.
5. Date and Place of Birth: January 14, 1964; Heilbronn, West
Germany.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Catherine Drissel Bertram, Attorney, Regan Zambri &
Long, PLLC, Suite 350, 1919 M Street, NW, Washington, D.C.
20036.
Children: Paul Manfred Bertram, 16; Anne Jacqueline Bertram,
13.
7. List all college and graduate degrees. Provide year and school
attended.
Master in Public Policy, John F. Kennedy School of Government,
Harvard University, Cambridge, Massachusetts; 1988.
Bachelor of Arts, Trinity University, San Antonio, Texas; 1985.
8. List all post-undergraduate employment, and highlight all
management- level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Senior Budget Advisor and Professional Staff Member, Committee
on Commerce, Science, and Transportation, U.S. Senate, 2003 to
present.
Currently responsible for all budgetary issues affecting
programs within the Committee's jurisdiction. Legislative
accomplishments include: the Titles in the 2005 multi-year
Highway Reauthorization Bill covering highway, auto, truck, and
hazardous materials safety; the 2003 Federal Aviation
Administration (FAA) and aviation security legislation; the
2004 and 2007 aviation security provisions in legislation
implementing the recommendations of the 9/11 Commission; the
2008 Amtrak reauthorization and rail safety legislation; and
the 2007 legislation strengthening the Corporate Average Fuel
Economy (CAFE) program.
Assistant Administrator for Financial Services and Chief
Financial Officer, Federal Aviation Administration, U.S.
Department of Transportation, 2001 to 2003.
Served as the agency's senior official responsible for the
development and implementation of the agency's budget,
performance management, accounting and financial management. In
this position I had responsibility for the management of a
combined operating and capital budget of over $13 billion for
the 50,000-person agency. I was able to obtain and maintain a
clean audit of the agency's financial statements. The position
required me to serve as the chief liaison for financial issues
with the Office of the Secretary of Transportation, the Office
of Management and Budget, and the Congressional Appropriations
Committees.
Staff Director, Committee on Transportation and Infrastructure
Subcommittee on Highways and Transit, U.S. House of
Representatives, 1996 to 2001.
In this position I served as the senior staff member overseeing
the activities and staff of the Subcommittee on Highways and
Transit. I was responsible for drafting major legislation
including the Transportation Equity Act for the 21st Century
(TEA 21), the Aviation Investment and Reform Act (AIR 21) and
the Motor Carrier Safety Act of 1999.
Budget Examiner, Transportation Branch, Office of Management
and Budget 1990 to 1994 and 1995 to 1996.
As a budget examiner, my areas of responsibility included the
Federal aviation, highway, transit, and Coast Guard programs.
Project Manager, Budget Office, City of Dallas, 1995.
Budget Specialist, Dallas Public Schools, 1995.
Program Analyst, Office of Programs and Evaluation, U.S.
Department of Transportation, 1988 to 1990.
I served as analyst in the Office of the Secretary on policy
and budget issues related to transportation programs.
Transportation Planner, Maryland Department of Transportation,
1988.
Teaching Assistant, Harvard University, 1987 to 1988.
Loan Analyst, Colonial Savings, Fort Worth, TX, 1986.
Clerk, L&M Bookstore, San Antonio, TX, 1985 to 1986.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years: None.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Bethesda Chevy Chase Isaak Walton League, 2008 to present.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Candidate for County Surveyor, Bexar County Texas 1986, there
is no outstanding campaign debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
No contribution over $500.
2006--Volunteered in Ohio for Senator Mike DeWine.
2008--Volunteered during South Carolina Presidential Primary
for Senator John McCain.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Presidential Management Intern--1988 to 1990.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
In my positions for the Senate Commerce Committee and the House
Transportation and Infrastructure Committee I have frequently appeared
on panels before groups to describe the legislation work of the
Committees. These were not prepared remarks.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
House Committee on Transportation and Infrastructure hearing on
the Status of the Highway Trust, 1996.
House Committee on Transportation and Infrastructure hearing on
the Woodrow Wilson Bridge, 1999.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I believe that my professional experience in Federal budgeting and
finance in both the executive and legislative branches of the Federal
Government is a good background for the position of Assistance
Secretary for Budget and Programs, and Chief Financial Officer. I have
over 20 years of experience in the area of transportation policy and
budgeting involving all major modes of transportation.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Proper management and accounting controls are critical to the
success of any large organization, and I am committed to ensuring that
such controls are in place and maintained at the Department of
Transportation. In 1990. the Congress passed, and the President signed
into law, the Chief Financial Officers (CFO) Act. This act established
a CFO in each cabinet department and at major agencies and required
improved financial controls and reporting. Implementing the
requirements of the CFO Act at the Department of Transportation is one
of the most important responsibilities of the position I am being
nominated for. As the CFO for the Federal Aviation Administration (FAA)
I had a similar role. As CFO, I was responsible for managing over 100
employees and advised the Administrator on management issues affecting
the whole agency.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
Reauthorization of Aviation and Surface Transportation
Programs: The authorization act governing the Department's
surface transportation programs expire at the end of this
Fiscal Year. The aviation authorization has already expired and
the FAA's programs are operating under short-term extensions.
The reauthorization process is necessary to resolve many
complicated and contentious issues.
Financial Viability of Transportation Trust Funds: The highway
trust fund faced a shortfall in funds East year that required
an emergency infusion of S8 billion from the general fund. A
further infusion will be required this before this August. The
balance in aviation trust fund has recently reached historic
lows. The majority of the Department's infrastructure programs
are funded from these two trust funds. The financial condition
of the trust funds puts these programs in peril. The Department
will have to work with the Office of Management and Budget and
the Congress to develop long term financing solutions that will
ensure the viability of these important infrastructure
programs.
Oversight of ARRA Funding: The Department of Transportation
received $48.1 billion in Recovery Act funds. Although much of
it was appropriated for established transportation programs, a
significant amount was appropriated for new programs, such as
high speed rail. The Department will have to carefully Monitor
the Expenditure of These Funds.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I am vested in the Federal Employee Retirement System (FERS) and
have a Federal Thrift Savings Plan.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered with the Department's
ethics official and that has been provided to this Committee. I am not
aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered with the Department's
ethics official and that has been provided to this Committee. I am not
aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
In my professional positions in the House of Representatives, the
U.S. Senate, and at the Federal Aviation Administration I have engaged
in crafting legislation and advocated that legislation be crafted in
certain ways. I have worked on legislation in following areas: the
Highway Bill, the FAA authorization, transportation security,
transportation safety, Amtrak, auto fuel economy, and appropriations.
6. Explain how you will resolve any potential conflict of interest,
including any that may he disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identity potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered with the Department's
ethics official and that has been provided to this Committee.
C. LEGAL MATTERS
I. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain: No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
Even though I was not named as a party, there was one case against
the Department of Transportation that included claims about my actions
as the Assistant Administrator for Financial Services and Chief
Financial Officer of the Federal Aviation Administration (FAA). In
Patrick J. Heidenthal vs. Secretary, Mr. Heidenthal claimed I did not
select him for a position because of his age. I maintained that he was
not the most qualified person for the position. The case was settled
after I left the FAA with Mr. Heidenthal agreeing to retire and to a
payment to cover his legal fees.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
RESUME OF CHRIS BERTRAM
Work Experience
U.S. Senate, Committee on Commerce, Science, and Transportation,
Senior Budget Advisor and Professional Staff Member/Staff Director of
Subcommittee on Surface Transportation and Merchant Marine, 2003 to
Present.
Advised Committee members on the development and execution of
an aggressive legislative agenda on all aviation issues,
including aviation security and safety.
Legislative accomplishments include the 2003 aviation and
aviation security legislation, the Century of Aviation
Reauthorization Act, and the 2004 and 2007 aviation security
provisions in legislation implementing the recommendations of
the 9/11 Commission.
Staff Director of Subcommittee responsible advising Committee
members on all surface transportation issues under the
jurisdiction of the Committee, including highway and auto
safety, auto fuel efficiency standards (CAFE), freight rail
safety and economics, Amtrak, pipeline safety, maritime
programs, and hazardous materials safety.
Legislative accomplishments include the Committee's Safety
Title to the Multi-year Highway Reauthorization Bill covering
highway, auto, truck, and hazardous materials safety.
Responsible for all budgetary issues affecting programs within
the Committee's jurisdiction.
Represented Committee Members in meetings with Members of
Congress, the Executive Branch representatives and outside
groups.
Organized Committee hearings, including identifying expert
witnesses, preparing background material, and developing lines
of questioning and advised and assisted Committee Members
during floor debates.
Federal Aviation Administration, Assistant Administrator for
Financial Services and Chief Financial Officer, 2001-2003.
Senior official responsible for the development and
implementation of the agency's budget, performance management,
accounting and financial management.
Daily and long-term responsibility for management of a combined
operating and capital budget of over $13 billion for the
50,000-person agency.
Obtained and maintained a clean audit of the agency's financial
statements.
Liaison for financial issues with the Office of the Secretary
of Transportation, and the Office of Management and Budget.
Negotiated final funding levels for FAA programs and other
budgetary issues with Congressional Appropriations Committees.
Supervised and managed CFO Office with almost 200 employees and
annual budget of $60 million.
U.S. House of Representatives, Committee on Transportation and
Infrastructure, Subcommittee on Highways and Transit, Staff Director--
Majority, 1996-2001.
Served as the senior staff member overseeing the activities and
stiff of the Subcommittee on I Highways and Transit.
Drafted mayor legislation in including the Transportation
Equity Act for the 21st century(TEA 21), the Aviation
Investment and Reform Act (AIR 21) and the Motor Carrier Safety
Act of 1999.
Policy expert on the effect of the Federal budget process on
transportation programs.
Expertise in the Federal highway, transit, highway safety,
pipeline safety and trucking safety programs.
Office of Management and Budget, Budget Examiner, 1990-1996.
Areas of responsibility included the Federal aviation, highway,
transit, and Coast Guard programs.
Supervised team of OMB analysts during the reauthorization of
surface transportation legislation.
Responsible for developing Administration policy proposal on
innovative financing for transportation.
Twice awarded professional achievement awards.
Took one-year sabbatical to work in the finance offices sit
City and School System of Dallas.
U.S. Department of Transportation, Office of Budget and Programs,
Budget and Program Analyst, 1988-1990.
Served as analyst in the Office of the Secretary on policy and
budget issues related to transportation programs.
Developed cost estimates for the implementation of the
Americans with Disabilities Act (ADA).
Education
Harvard University, Cambridge, MA., 1986-1988.
Master in Public Policy.
Selected as Presidential Management intern.
Trinity University, San Antonio, TX., 1982-1985.
Bachelor of Art--History and European Studies.
The Chairman. Thank you, Mr. Bertram.
Now we turn to Susan Kurland.
STATEMENT OF SUSAN L. KURLAND, ASSISTANT SECRETARY-DESIGNATE OF
AVIATION AND INTERNATIONAL AFFAIRS, DEPARTMENT OF
TRANSPORTATION
Ms. Kurland. Thank you, Chairman Rockefeller, Ranking
Member Hutchison, and Senator Thune, for the opportunity to
appear before you today. I am deeply honored to be here as
President Obama's nominee for Assistant Secretary for Aviation
and International Affairs for the Department of Transportation
and greatly appreciate the confidence and support of Secretary
LaHood. If confirmed, I look forward to working closely with
the Members of this Committee and your staffs.
Before I would begin, I would like to take the opportunity
to introduce some of my family who are here with me today: my
sister, Judy Biber; my brother and sister-in-law, Jacob and
Audrey Kurland; and my niece and nephew, Rebecca and Marshall
Kurland. I would also like to thank my late parents, Milton and
Pearl Kurland, whose love and support encouraged me along the
path which brought me here today.
By way of background, I have over 20 years of experience in
senior level government and private sector aviation roles,
including airport, airline, local government, Federal
Government, and airport infrastructure financing. I spent the
first several years of my career as an Attorney, both in
government and private practice and later as General Counsel
for one of the country's major airport systems. There I saw
firsthand the vital economic role that aviation plays not only
nationally but also in our local and regional economies. From
there, I was honored to serve as Associate Administrator for
the Federal Aviation Administration, leading the FAA's national
airport program. I later worked in-house as Deputy General
Counsel at an airline on a broad range of issues. In my current
position in public finance, I deal with airport infrastructure
financing and municipal finance.
These positions have given me a unique combination of
aviation experience from several different perspectives and
many opportunities to see and work through different
viewpoints. I have learned firsthand the importance of
cooperation and working with stakeholders, and if confirmed, I
would bring the benefit of these experiences and an open mind
to this position.
As the Committee knows well, there are many challenges and
opportunities that face us both in the domestic and
international aviation arenas, as well as in the areas of
international transportation policy crossing all the modes of
transportation. The safety of all the facets of our national
aviation system continues to be the Department of
Transportation's number one aviation priority. Also key is the
modernization of the air traffic control system and delivery of
the NextGen initiatives in order to reduce congestion and
increase the efficiency of our aviation system.
Among other critical issues that we face are ensuring that
consumers have the benefits of vigorous air carrier
competition, services, and fares. This is especially so during
these very difficult economic times. It is important to work to
preserve and improve air service to small and rural communities
through programs such as the Essential Air Service program.
With respect to international aviation, working to enhance the
competitiveness of our Nation's air carriers, other
transportation providers and manufacturers globally is
essential. Continuing the Open Skies policy and maximizing new
opportunities is vital to continuing opening up foreign markets
to U.S. carriers and improving air service for travelers,
shippers, and our communities.
If confirmed, I look forward to working with the Members of
this Committee and your staffs regarding these and other
critical issues that are before us.
Mr. Chairman, thank you again for scheduling this hearing
and I would be pleased to answer any questions that you may
have. Thank you.
[The prepared statement and biographical information of Ms.
Kurland follows:]
Prepared Statement of Susan L. Kurland, Assistant Secretary-Designate
of Aviation and International Affairs, Department of Transportation
Thank you Chairman Rockefeller, Ranking Member Hutchison, and
Members of the Committee for the opportunity to appear before you
today. I am deeply honored to be here as President Obama's nominee for
Assistant Secretary for Aviation and International Affairs for the
Department of Transportation, and greatly appreciate Secretary LaHood's
confidence and support. If confirmed, I look forward to working closely
with the Members of this Committee and your staffs.
Before I begin I would like to introduce some of my family who are
here with me today, my sister Judy Biber, my brother and sister-in-law
Jacob and Audrey Kurland and my niece and nephew, Rebecca and Marshall
Kurland. I would also like to thank my late parents, Milton and Pearl
Kurland whose love and support encouraged me along the path that has
brought me here today.
By way of background, I have over twenty years of experience in
senior level government and private sector aviation roles--including
airport, airline, local government, Federal Government, and airport
infrastructure financing. I spent the first several years of my career
as an Attorney both in government and private practice, and later as
general counsel for one of the country's major airport systems. There I
saw firsthand the vital economic role that aviation plays, not only
nationally but also in our local and regional economies. From there I
was honored to serve as Associate Administrator for Airports for the
Federal Aviation Administration, leading the FAA's national airport
program. I later worked in-house as Deputy General Counsel at an
airline on a broad range of issues. In my current position in public
finance, I deal with airport infrastructure financing and municipal
finance. These positions have given me a unique combination of aviation
experience from several perspectives and many opportunities to see and
work through different viewpoints. I have learned first-hand the
importance of cooperation and working with stakeholders. If confirmed,
I would bring the benefit of these experiences and an open mind to this
position.
As the Committee knows well, there are many challenges and
opportunities facing us in both the domestic and international aviation
arenas, as well as in the areas of international transportation policy
involving all modes of transportation. The safety of all facets of our
national aviation system continues to be the Department's number one
aviation priority. Also key is the modernization of the air traffic
control system through delivery of NextGen initiatives in order to
reduce congestion and increase the efficiency of our aviation system.
Among other critical issues that we face are ensuring that
consumers have the benefits of vigorous air carrier competition,
services and fares. This is especially so during these difficult
economic times. It is important to work to preserve and improve air
service to small and rural communities through programs such as the
Essential Air Service program. With respect to international aviation,
working to enhance the competitiveness of our Nation's air carriers,
other transportation providers and manufacturers globally is essential.
Continuing the Open Skies policy and maximizing new opportunities is
vital to continue opening up foreign markets to U.S. carriers and
improving air service for travelers, shippers and our communities.
If confirmed, I look forward to working with the Members of this
Committee and your staffs regarding these and the other critical issues
before us. Mr. Chairman, thank you again for scheduling this hearing
and I would be pleased to answer any questions you and the Committee
may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Susan L.
Kurland.
Position to which nominated: Assistant Secretary for Aviation and
International Affairs, U.S. Department of Transportation.
3. Date of Nomination: July 7, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 55 W. Monroe, Ste. 3500, Chicago, IL 60603.
5. Date and Place of Birth: East Chicago, IN; November 18, 1951.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Single; no children.
7. List all college and graduate degrees. Provide year and school
attended.
B.A.--Brandeis University--1969-1973.
JD--Boston University School of Law--1973-1976
8. List all post-undergraduate employment, and highlight all
management- level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Jefferies and Company, Inc. (3/2009 to present), Managing
Director, Municipal Securities Group.
DEPFA First Albany Securities (2004-3/2009), Head of Chicago
Group, Public Finance.
Kurland Associates, LLC (2002-2004), President (Aviation
Consulting Firm).
USAirways, Inc. (1999-2001), Vice President and Deputy General
Counsel.
Federal Aviation Administration (1996-1999), Associate
Administrator for Airports.
City of Chicago, Department of Law (1987-1996), Deputy
Corporation Counsel--Aviation, Contracts and Finance; Chief
Assistant Corporation Counsel--Contracts; Senior Attorney
Supervisor--Contracts.
Ancel, Glink, Diamond, Murphy & Cope, P.C. (1982-1987),
Attorney Specializing in Municipal Law.
City of Newton Law Department (1976-1982), Assistant City
Solicitor for City Departments and the Newton School Committee.
Solomon, Rosenfeld, Eliot & Stiefel (Summer 1974, 1975), Summer
law clerk.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Transportation Research Board (TRB)--Committee on Aviation
Economics and Forecasting (2007-2008).
TRB Airport Cooperative Research Program (ACRP) Review Panel
regarding the Impact of Jet Fuel Price Uncertainty on Airport
Planning and Development (2008-2009).
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Airports Council International--North America (2004-present),
Vice-Chairman of Associates Board (2007), Chairman of
Associates Board (2008), Immediate Past Chairman of Associates
Board and Associates Board Liaison to Board of Directors
(2009).
Jefferies & Company, Inc.--Chicago, IL, Managing Director,
Municipal Securities Group (3/2009-present).
DEPFA First Albany Securities--Chicago, IL, Head of Chicago
Group, Public Finance, Director, Senior Vice President (First
Albany Capital) (2004-3/2009).
Kurland Associates, LLC--Washington, D.C., President (Aviation
Consulting Firm) (2002-2004).
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Airports Council International--North America (2004-present),
Vice-Chairman of Associates Board (2007), Chairman of
Associates Board (2008), Immediate Past Chairman of Associates
Board and Associates Board Liaison to Board of Directors
(2009), Represented City of Chicago on the Legal Committee
(1990-1996), Chairman of the Legal Committee from January-April
1996, does not restrict membership.
American Association of Airport Executives--Member (2002-2007),
does not restrict membership.
Air Transport Association by virtue of my employment by U.S.
Airways, served on chief legal officers' and litigation
committees (1999-2001), does not restrict membership.
ABA Air and Space Forum Governing Committee (2002-2004), does
not restrict membership.
Aero Club of Washington, D.C. (late 1998 and early 2000). Also
served as Federal Government liaison during part of my tenure
at FAA; does not restrict membership.
International Women in Aviation (2004-2008), restricts
membership based on gender.
Lake Shore Drive Synagogue--(mid-1980s to late-1990s)--member
and member of Board of Directors part of the time, restricts
membership based on religion.
City Club of Chicago (2007-present), does not restrict
membership.
Women in Public Finance (2006-present), does not restrict
membership.
I've also been a member of the American Bar Association, the
Chicago Bar Association and the National Association of Bond
Lawyers, none of which restricts membership.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
I ran for and was elected as a town meeting member in Brookline,
MA, from 1979-1981. I have no outstanding campaign debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
2000
DNC Services Corporation/Democratic $1,000
National Committee
Gore/Lieberman General Election Legal and $750
Accounting Compliance Fund
Committee to Re-elect Tony Williams $500
2007
Obama for America $1,000
Obama for America $1,300
2008
Obama Victory Fund $2,300
Obama Victory Fund $2,300
I volunteered for the Obama campaign as a member of the
Transportation Policy Committee and Chair of the Aviation Subcommittee.
I canvassed door-to-door in Iowa and Indiana; phone-banked in Chicago
and Virginia; accompanied a friend who was speaking on behalf of the
Campaign in Florida: and monitored a poll in Indiana on Election Day. I
also spoke at the National Business Travel Association conference in
July 2008 as a surrogate for the Campaign.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Graduated Phi Beta Kappa from Brandeis University.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Publications
``Annexation and Annexation Agreements'', Stewart H. Diamond,
co-author, Chapter 11 in Illinois Municipal Law (Illinois
Institute for Continuing Legal Education, 1987).
``Council Practices and Procedures'', Louis Ancel and Stewart
H. Diamond, co-authors, Chapter 2 in Illinois Municipal Law
1984 Supplement (Illinois Institute for Continuing Legal
Education, 1984).
``A Guide for Loss Reduction for Elected Officials and
Managerial Personnel'', John B. Murphey and Stewart H. Diamond,
co-authors (Handbook prepared for the Intergovernmental Risk
Management Agency, 1984).
``Notice of Injury Forms--What Are They? What do you Do With
Them?'', Illinois Municipal Review (September, 1983).
``Democratization in Concord: A Political History, 1750-1850'',
in Concord, ed. by David Hackett Fischer (Waltham, 1983); and
in Chronos, A Journal of Social History (Brandeis University,
Fall, 1983).
Speaker/Panelist Appearances--Airports/Airport Finance
In my capacity as an employee for the City of Chicago, FAA, Kurland
& Associates, U.S. Airways, and Jefferies and Company, from 1987 to
present. I have delivered numerous speeches and presentations to
various groups and organizations such as ACI-NA, ABA--Air and Space
Forum, AAAE, NASAO and TRB on topics such as airport legal issues,
airport improvement grants, passenger facility charges, and municipal
markets and their impact on airport infrastructure finance.
Below are a few examples of my recent appearances:
May 2009--at the ACI-NA Legal Committee meeting I spoke about
the current municipal market and its impact on airport
financings.
April 2009--at the ACI-NA Commissioners' Conference I spoke
about the current municipal market and its impact on airport
financings.
July 2008--I spoke at the National Business Travel Association
conference as a surrogate for the Obama campaign. Topic
involved talking about potential aviation issues that would be
facing a new Administration.
January 2007--I moderated a panel regarding airport finance at
the TRB annual conference.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Committee: Senate Commerce, Science, and Transportation.
Date: May 14, 1996.
Testimony: David R. Hinson, Administrator, FAA.
Topic: FAA and AIP Reauthorization.
Role: Technical Assistance.
Committee: Senate Appropriations.
Date: April 16, 1997.
Testimony: Barry L. Valentine, Acting Administrator, FAA.
Topic: Transportation And Related Agencies FY98, Transportation
Appropriations.
Role: Technical Assistance.
Committee: Senate Commerce, Science, and Transportation.
Date: July 21, 1998.
Testimony: Kenneth R. Wykle, Administrator, FHWA.
Topic: Discretionary Spending At Commerce, Transportation
Depts.
Role: Technical Assistance.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I believe in public service. With over twenty years of senior level
government and private sector aviation roles, I have a unique
combination of aviation experience from many different perspectives--
including airline, airport, local government, Federal Government, and
airport infrastructure financing. In addition, I believe I have strong
leadership and management skills, and am a consensus builder. I wish to
serve in the position of Assistant Secretary for Aviation and
International Affairs because I believe that my background and skill
set fits well with the programs and responsibilities under the purview
of this position. If confirmed, I believe that I could contribute to
the important efforts of President Obama, Secretary LaHood, and
Congress in these areas.
19.What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe proper management and accounting controls are critical
and, if I am confirmed, I will review existing procedures and institute
any changes as appropriate. I have experience managing large and
diverse organizations. As FAA Associate Administrator for Airports, I
led FAA's airport line of business, managing a 500-person nationwide
staff. At U.S. Airways I managed day-to-day affairs of a nine-attorney
in-house law department of a major U.S. airline. As general counsel for
the City of Chicago's Airport System, I managed the attorneys
(including outside counsel) providing legal services for the City's
airports.
20. What do you believe to be the top three issues facing the
department/agency and why?
(1) Safety of the Nation's aviation system continues to he the
number one aviation and departmental priority. This includes
the regulation and oversight of air carrier operations,
maintenance and repairs, and runway safety.
(2) Ensuring that consumers reap the benefits of robust air
carrier competition, service and fares. Two important
components are service to rural communities and international
service through open skies agreements to ensure global
competition.
(3) Modernization of the air traffic control system through
delivery of NextGen initiatives in order to reduce congestion
and delays within our aviation system.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Pursuant to an April 2009 agreement, I will receive deferred
compensation in the amount of $17,000 from Jefferies & Company in
February, 2010.
On June 24, I became eligible under Jefferies & Company's policies
to participate in the firm's 401K program, which is supposed to take
effect on my last paycheck in July. If confirmed, I would roll over the
401K.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will he resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I formed the Coalition of American-Owned Security Companies, an
informal group of four companies that sought implementation of the
airport screening opt-out program under the Aviation and Transportation
Security Act. The coalition ceased activities in early 2004.
I volunteered for the Obama campaign as a member of the
Transportation Policy Committee and Chair of the Aviation Subcommittee.
I also spoke at the National Business Travel Association conference in
July 2008 as a surrogate for the campaign.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
ethics official to identify potential conflicts of interest. Any
potential conflicts of interest will be resolved in accordance with the
terms of an ethics agreement that I have entered into with the
Department's designated agency ethics official and that has been
provided to this Committee.
C. LEGAL MATTERS
1. Have you ever been disciplined for a breach of ethics by, or
been the subject of a complaint to any court, administrative agency,
professional association, disciplinary committee, or other professional
group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
In 1997, I filed an action to dissolve a business relationship with
Sandra Roberts in the Circuit Court of Cook County, IL. In 2000, the
relationship was dissolved and the real estate owned by the partners
was sold.
In 2002, the Estate of Thomas Jordan filed suit in the Circuit
Court of Cook County to recover on three promissory notes allegedly
executed by Sandra Roberts and allegedly guaranteed by Brewster Creek
Kennels, Inc., Brewster Creek Associates (the Partnership), Sandra
Roberts individually and as a partner in the Partnership, and Susan
Kurland, as a partner in the Partnership. The trial court ruled in my
favor. The Estate of Thomas Jordan appealed the decision and the
Appellate Court of Illinois, First Judicial Circuit, affirmed the
circuit court's ruling in my favor.
Given the regulated nature of their work, First Albany Capital
(after acquisition of the municipal finance group of First Albany, the
remaining firm became Broadpoint Capital), DEPFA First Albany
Securities, U.S. Airways, and the FAA have been involved in a number of
litigation and regulatory matters. I do not believe I was ever named in
any of the suits while I was a senior official at these organizations,
with the exception of city of Los Angeles v. United States FAA, 239
F.3d 1033, where I was named in my official capacity while Associate
Administrator for Airports of FAA (I was unaware of this case until a
public records search was done).
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
RESUME OF SUSAN L. KURLAND
Professional Experience
Jefferies & Company, Inc.--Chicago, Illinois, Managing Director,
Municipal Securities Group, 3/2009-present.
DEPFA First Albany Securities--Chicago, Illinois, Head of Chicago
Group, Public Finance, 2004-3/2009.
Kurland Associates, LLC--Washington, D.C., President (Aviation
Consulting Firm), 2002-2004.
US Airways, Inc.--Arlington, Virginia, Vice President and Deputy
General Counsel, 1999-2001.
Federal Aviation Administration--Washington, D.C., Associate
Administrator for Airports (White House Appointment), 1996-1999.
city of Chicago Department of Law--Chicago, Illinois, Deputy
Corporation Counsel--Aviation, Contracts and Finance; Chief Assistant
Corporation Counsel--Contracts; Senior Attorney Supervisor--Contracts,
1987-1996.
Ancel, Glink, Diamond, Murphy & Cope, P.C.--Chicago, Illinois,
Attorney Specializing In Municipal Law, 1982-1987.
city of Newton Law Department--Newton, Massachusetts, Assistant
City Solicitor for City Departments and the Newton School Committee,
1976-1982.
Selected Achievements
Leadership and Management
Head of DEPFA First Albany and now Jefferies' Chicago municipal
finance practice: clients include the City of Chicago, Chicago
Public Schools, and Illinois Housing Development Authority.
Also serve as a senior member of firm's airport finance group
and have led various airport financing assignments for firm
clients including Denver International Airport, Tucson Airport
and Jacksonville Airport Authority.
Formed the Coalition of American-Owned Security Companies
(CASC). CASC sought implementation of the airport screening
opt-out program under the Aviation and Transportation Security
Act.
Managed day-to-day affairs of nine-attorney in-house law
department of major U.S. airline with approximately $8.0
billion in operating revenues and 44,000 employees. Managed
outside counsel, litigation, budgetary and personnel matters,
and supervised director of security department.
Led Federal Aviation Administration's (FAA) national airport
program, managing approximately 500 person nationwide staff,
with annual operating budget exceeding $43 million.
Administered $1.95 billion annual airport grant and $1.4
billion annual passenger facility charge (PFCs) programs that
provide funding for airport capital improvements including
security, airside, and other capacity infrastructure. Directed
staff responsible for formulating the national airport systems
plan.
As General Counsel for the City of Chicago's Airport System,
supervised attorneys (including outside counsel) providing
regulatory, legislative, contract, finance, real estate and
bankruptcy counsel; included dealing with Midway Airlines
bankruptcy and negotiating Midway Airport Use and Lease
agreement with Southwest Airlines.
Policy and Strategic Planning
Active in expanding DEPFA First Albany and now Jefferies'
Chicago area municipal practice and responsible for strategic
development of national airport client base.
Directed and coordinated CASC strategy regarding airports,
Transportation Security Administration (TSA) Congress and
media.
Oversaw design and execution of FAA airport policies and
strategies for achieving legislative and regulatory goals and
requirements. Examples included FAA Airport Revenue Use Policy
and Program Guidance for Letters of Intent (LOIs).
Directed development and issuance of FAA pilot program
guidelines for Congressionally enacted airport privatization
program. Conducted individual and public meetings with
airports, airlines, and other stakeholders; and public comment
period regarding proposed program guidelines.
Directed design and implementation of innovative FAA pilot
grant finance programs, such as allowing pilot airport projects
to use certain finance options otherwise unavailable on
federally funded projects.
Partnered with other departments in the development of U.S.
Airways' Customer Commitment program addressing Congressional
concerns regarding airline/passenger relationships.
Key member of Chicago's team in the creation and implementation
of the Chicago-Gary Regional Airport Authority.
Government and Industry Affairs--Federal, State, Local
Represented airport and security-related clients with TSA, FAA
and Congress.
Frequently interacted on behalf of FAA with Federal, state and
local government officials in both executive and legislative
branches. Examples included testifying at Congressional
hearings regarding FAA reauthorization and discretionary grant
programs.
Briefed Senators, Congressmen and their staffs regarding FAA
programs and issues involving individual airports. Met
regularly with airports, airlines, community groups and other
stakeholders regarding particular airport developments and
issues.
Representing FAA, frequent speaker at industry conferences.
Represented U.S. Airways on the Air Transport Association chief
legal officer and litigation committees.
Frequent speaker at airport industry conferences regarding
airport finance issues.
Public Finance/Commercial Transactions
At DEPFA First Albany and now at Jefferies, serve as an
investment banker specializing in municipal and airport
financing. The firm's clients include a wide variety of public
sector entities throughout the country, such as the City of
Chicago and Denver International Airport.
Negotiated airline use and other commercial airport agreements
and leases for the City of Chicago. Airline use agreements
govern airport/airline relationships, including financing of
airport capital improvements, such as cargo facilities, and
domestic and international terminals.
Served as issuer's counsel on more than $1.4 billion of airport
revenue bonds, including general airport revenue bonds, and
special facility financings.
Regulatory
Managed FAA national airport program with responsibilities for
issuing airport improvement grants, PFC approvals, and national
airport systems plan. Directed staff responsible for airport
compliance with grant assurances, safety, inspections, and
design and technical standards.
Counseled U.S. Airways on a broad range of Federal regulatory
matters, including safety, security, customer service and
airport issues.
Advised Chicago on Federal, state and city regulatory issues
concerning aviation, finance, and contracts.
Education
Boston University School of Law, Juris Doctor, 1976.
Brandeis University, Bachelor of Arts, 1973.
Phi Beta Kappa, Magna Cum Laude, Junior Year at University College,
University of London, London, England
Professional Associations (recent)
American Bar Association Air and Space Forum, Governing Committee
(2002-2004).
Airports Council International--North America
Associates Representative to ACI-NA Board of Directors (2009).
Chairman, Associates Board of Directors (2008), Vice-Chairman
(2007), Board Member (2005-2008).
Economic Committee Steering Committee (2005).
Transportation Research Board, Member--Committee on Aviation
Economics and Forecasting (2007-2008).
The Chairman. Thank you very much, Ms. Kurland.
Mr. Elliott, we look forward to what you have to say.
STATEMENT OF DANIEL R. ELLIOTT, III, MEMBER-DESIGNATE,
SURFACE TRANSPORTATION BOARD
Mr. Elliott. Chairman Rockefeller, Ranking Member
Hutchison, Senator Thune, it is truly a privilege to be here
before you today as President Obama's nominee to the Surface
Transportation Board. It is a great honor to be considered for
such an important position, and I would like to thank Senator
Brown for his kind words of introduction, even though he is no
longer here.
If confirmed, I intend to bring an open-minded, fair, and
impartial decisionmaker to the Surface Transportation Board. I
understand, as I heard in the Chairman's remarks, that there
are contentious issues between the shippers and the railroads,
and I want to assure the Committee, as I am before you here
today, that I come here with no preconceived notions of who is
right and who is wrong. I believe that I will look at the facts
and law of each case and apply them in a just manner.
I have worked for the last 16 years handling cases before
the Surface Transportation Board relating to the United
Transportation Union, which has helped me understand many of
the issues that come before the Board, many of its procedures,
and some of its problems. I have also litigated cases, as
mentioned earlier, in the Federal courts at the circuit court
and district court level across this country. I believe, if
confirmed, that this experience will be a nice complement to
the present membership of the Board.
Also, if confirmed, I look forward to working with this
Committee on the reauthorization of the STB. I intend to be as
responsive and accessible as possible and will work with you to
reach a balanced solution to these contentious issues between
shippers and rail. I will also make myself accessible to the
board's stakeholders and hopefully all of us together can
create the best possible rail transportation system for all
involved.
Thank you for your consideration, and I would be happy to
answer any questions at the appropriate time.
[The prepared statement and biographical information of Mr.
Elliott follows:]
Prepared Statement of Daniel R. Elliott, III, Member-Designate,
Surface Transportation Board
Thank you, Chairman Rockefeller, Ranking Member Hutchison and
distinguished Members of the Committee for the privilege of appearing
before you today as a nominee for the Surface Transportation Board.
Mr. Chairman, I applaud your long-standing interest and efforts in
making the Board's processes fair to both shippers and railroads. I
share your belief that the STB should always be impartial, balanced and
open-minded in carrying out the law.
I appear today as President Obama's nominee to the Board, a
decisionally independent agency with significant adjudicative,
regulatory and policy-making responsibilities. The President, through
his historic proposed investment in high-speed rail, has acknowledged
the economic and environmental benefits of rail transportation to our
Nation. Rail is ``green'' technology that takes vehicles off our
congested highway system and reduces our dependence on imported oil.
Moving goods efficiently and cheaply by rail should be an option for as
many shippers as possible.
If the Committee and the Senate gives me the honor of serving on
the Board, I pledge to use my position to bring more harmony to the
often contentious relationship between shippers, who need to compete in
an increasingly competitive global marketplace, and railroads, which
need the necessary revenues to maintain our Nation's vital rail
infrastructure.
For 16 years I have litigated cases before the Surface
Transportation Board representing members of the United Transportation
Union. This has given me valuable experience in working through issues
specific to the Federal statutes interpreted by the Board and exposed
me to shipper, worker and railroad concerns. I believe my litigation
and other experience would complement that of the current Board
members.
I graduated from the University of Michigan with a degree in
political science and earned my law degree from Ohio State University.
I have practiced at firms in Washington and in Cleveland before coming
to the UTU as Associate General Counsel.
In my extensive dealings with the STB, I have seen up-close the
dedication and professionalism of Board members and staff, but I have
also seen areas where the process can be improved. I will look for ways
to improve the agency's overall level of customer service and
efficiency, starting with providing parties with a clearer
understanding of where matters stand and increasing transparency in the
Board's activities.
If confirmed, I would focus the Board's resources on bringing
shippers and railroads together to promote more collaborative, less
formal, efforts to provide better rail service.
I would allow more light to shine on the Board's work by improving
communications and public outreach.
I also am eager to implement Congress's charge to monitor and
improve Amtrak's passenger service. And I look forward to working
closely and cooperatively with Congressional efforts on reauthorization
of the STB.
If given the honor of being confirmed, I pledge to be open, fair
and judicious to all parties who come before the Board. I will bring an
open mind to the task, partial to neither railroads nor shippers. And I
will try to live up to the trust put in me by President Obama and the
members of this Committee by fostering a more open and harmonious
approach to improving the Nation's rail system.
Thank you very much for your time and consideration. I look forward
to answering any questions you might have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Daniel Robert Elliott, III
2. Position to which nominated: Member of the Surface
Transportation Board (if confirmed, will be designated Chairman upon
appointment).
3. Date of Nomination: July 20, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: United Transportation Union, 14600 Detroit Avenue,
Lakewood, OH 44107.
5. Date and Place of Birth: December 1, 1962; Ann Arbor, MI.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage): None.
7. List all college and graduate degrees. Provide year and school
attended.
Ohio State College of Law, J.D., 1989.
University of Michigan, B.A., 1985.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
Climaco, Climaco, Lefkowitz, Seminatore & Garofoli, Summer
Associate, Cleveland, OH; 1987.
Duvin, Cahn & Barnard, Summer Associate, Cleveland, OH; 1988.
Bishop, Cook, Purcell & Reynolds (now Winston Strawn),
Associate, Washington, D.C.; 1989-1990.
Marshman, Snyder, Berkley & Kapp, Associate, Cleveland, OH;
1990-1991.
Chester Giltz & Associates, Associate, Cleveland, OH; 1991-
1992.
United Transportation Union, Associate General Counsel,
Lakewood, OH; 1993-present, one of my responsibilities in this
position has been to monitor and handle cases at the Surface
Transportation Board.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
Cleveland Tenants Organization, Board Member, 1997-present.
Christian Legal Services, Board Member, 2006.
DRE RE, LLC, Owner, 2007-present.
United Transportation Union, Associate General Counsel, 1993-
present.
Murray Hill Galleries, Attorney, 2006-2007.
Fairmount Presbyterian Church, Elder, 2007-present.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Cleveland Tenants Organization, Board Member, 1997-present.
Mayfield Country Club, 2000-2002.
Fairmount Presbyterian Church, 1995 to present, Deacon,
Trustee, Elder (While there are no stated restrictions, it is
presumed that one would follow the Presbyterian faith).
Christian Legal Services, Board Member, 2006.
American Bar Association, Member, 2008-present.
American Bar Association Railway and Airline Committee, 2008-
present.
Supreme Court of Ohio, 1989-present.
National Mediation Board Liaison Committee, 2007-2008.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: No.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period.
Barack Obama, President, 2008, $2,000. Also, as a volunteer, I
helped to raise money in 2008 for the general election
campaign.
Sherrod Brown, U.S. Senate, 2006, $1,250.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements: None.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
The Railway Labor Act, Senior Editor (BNA 2d ed. 2005 & Supps.
2006-2007).
The Railway Labor Act Cumulative Supplement, Contributing
Editor (BNA 1998, 2000 and 2001).
The Shore Line Status Quo Requirement, Cleveland State Law
Review Volume 46 (1998).
The Railway Labor Act Bargaining Dilemma, Journal of
Transportation Law, Logistics and Policy Volume 74 (2007).
In 2000, I spoke before the Surface Transportation Board Office
of Proceedings regarding a labor organization's perspective on
bringing cases before the STB.
For the last 4 years at the American Bar Association Railway
and Airline Committee mid-winter meeting, I have spoken on
various matters regarding the Railway Labor Act.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: None.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I have practiced before the Surface Transportation Board in my
capacity as an attorney for the United Transportation Union for the
last fifteen years. As a result, I am familiar with many of the issues
and matters which come before the Board. Also, I have practiced law
since 1989, which will be helpful in handling matters before the Board.
I wish to serve in this position to help my country and the new
administration during these difficult economic times. If confirmed, I
will bring fair decision-making to the Board and work diligently to
improve the industries regulated by the Board. I believe my work ethic
and experience will be a strong asset to the Board in this work.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
I believe I will have responsibility for the proper management and
operation of the agency. As a result, it will be my responsibility to
develop and utilize the expert staff to fulfill these duties. I have
worked for the past fifteen years for the largest rail union in the
United States as an attorney. In that role, I have learned how to work
effectively with other staff and accomplish complex tasks.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
The first challenge that faces the agency is to establish
better communications between shippers and railroads. A
stronger relationship between these parties would help to
establish reasonable rates and to attract capital to maintain
and improve the rail system.
The second challenge is to review the size of the Board staff.
I believe the agency requires sufficient staff to provide for
the expeditious handling and resolution of all proceedings
before the Board in order to properly serve the public.
The third challenge that faces the Board is to ensure that
interstate commerce flows smoothly and efficiently during these
difficult economic times. Meeting this challenge will help to
ensure the development and continuation of a sound rail
transportation system in order to meet the needs of the public
and national defense.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I presently have a defined benefit pension at the United
Transportation Union. Upon my appointment to the Board, I will resign
my position with the UTU and request a lump sum payout of my interest
in the UTU Supplemental Pension Plan.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I am the sole owner of the currently inactive DRE RE, LLC, which
was formed for the purpose of holding my two real estate investment
properties. It is possible that the LLC may be activated while I am a
Member of the Surface Transportation Board if confirmed. As I have
stated in my Ethics Agreement letter to the Board's Designated Agency
Ethics Official, if the LLC is activated, I will acquire no additional
investment properties, and I will undertake only those investment
activities that are needed to manage the assets in a prudent manner
(such as maintaining the properties and advertising for tenants) and
required to comply with all legal requirements (such as signing tax
returns). As a Member of the Surface Transportation Board, I will not
participate personally and substantially in any particular matter that
has a direct and predictable effect on the financial interests of DRE
RE, LLC, unless I first obtain a written waiver pursuant to 18 U.S.C.
2 08(b)(1).
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the STB's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered with the Board's ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the STB's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered with the Board's ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I appeared before State of Minnesota legislative committees 1 day
in March of 2005 to speak in support of a rail safety bill on the issue
of Federal preemption. Also, as Associate General Counsel, I have
advocated on behalf of the United Transportation Union before the
Surface Transportation Board, National Mediation Board, Department of
Labor, National Labor Relations Board and in the Federal courts in
numerous cases.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the STB's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered with the Board's ethics official and that
has been provided to this Committee.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
I was arrested once in late 1986 or early 1987 in Columbus, Ohio
for disorderly conduct and open container in a vehicle (not driving). I
pled guilty to these two minor misdemeanors and paid a fine.
I was charged with two separate housing violation actions in 2008
in Shaker Heights, Ohio, at the rental property I own there. One
violation involved a bed in the basement which was removed the next
day. The other violation involved various items, which needed to be
fixed when I bought the house. I fixed these items. Both cases were
dismissed after I took these corrective actions.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I was involved in two separate eviction cases as a plaintiff in
2006 in Shaker Heights, Ohio. Neither tenant had paid her rent for two
to 3 months. Both cases were decided in my favor plus back rent.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: Please see answer to C.2.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
RESUME OF DANIEL R. ELLIOTT, III
Objective: To become a member of the Surface Transportation Board.
Professional Experience
Associate General Counsel, United Transportation Union, Cleveland,
Ohio, October 1993-present.
Federal Agency matters: experienced in Surface Transportation
Board, National Mediation Board, National Labor Relations
Board, and Department of Labor Federal grant employee
protective arrangement proceedings. Emphasis in handling
Surface Transportation Board cases under 49 U.S.C. 10901,
10902, 10903 and 11323, including all major mergers from 1993
to present. Also, handled Federal appellate cases regarding
Surface Transportation Board decisions.
Labor and employment litigation and counseling on behalf of
union and union members.
Review state legislation on labor and transportation matters
for lobbying purposes.
``Served as sole counsel on United Transportation Union v.
Gateway Western Ry. Co., 284 F.3d 710 (7th Cir. 2002); Ryan v.
Union Pacific R. Co., 286 F.3d 456 (7th Cir. 2002); and
Adirondack Transit Lines, Inc. V. United Tramp. Union, Local
1582, 305 F.3d 82 (2d Cir. 2002).
Associate, Chester Giltz & Associates, Cleveland, Ohio, 1991-1992.
Commercial and residential real estate appraisal.
Associate, Marshman, Snyder, Berkley & Kapp, Cleveland, Ohio, 1990-
1991.
Research and drafting memoranda and motions for general
litigation practice.
Associate, Bishop, Cook, Purcell & Reynolds, Washington, D.C.,
1989-1990.
Research and drafting memoranda for general litigation
practice.
Education
Ohio State College of Law, Columbus, Ohio.
Juris Doctor, May 1989.
University of Michigan, Ann Arbor, MI.
Bachelor of Arts, Political Science, May 1985.
Varsity track letterman 1982-1983.
Professional Publications
Senior Editor, The Railway Labor Act (BNA 2d ed. 2005 and
Supps. 2006-2007).
Contributing Editor, The Railway Labor Act Cumulative
Supplement (BNA 1998, 2000 and 2001).
The Shore Line Status Quo Requirement, Cleveland State Law
Review Volume 46 (1998).
The Railway Labor Act Bargaining Dilemma, Journal of
Transportation Law, Logistics and Policy Volume 74 (2007).
Memberships and Admissions
Member, Ohio Supreme Court.
Admitted to practice before Northern District of Ohio, and the
Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth and D.C.
United States Courts of Appeals.
National Mediation Board Liaison Committee.
American Bar Association Rail and Airline Committee.
Other
Fairmont Presbyterian Church, Elder.
The Chairman. Thank you, Mr. Elliott.
Now, Mr. Christopher Hart.
STATEMENT OF HON. CHRISTOPHER A. HART, MEMBER-DESIGNATE,
NATIONAL TRANSPORTATION SAFETY BOARD
Mr. Hart. Thank you, Mr. Chairman, Ranking Member
Hutchison, and Senator Thune of this Committee for the
opportunity to appear before you today in relation to my
nomination by President Obama to serve as a member of the
National Transportation Safety Board. I would like to thank
Senator Udall for introducing me to this Committee this
afternoon.
Being nominated by President Obama for this important
position, one that has such a tremendous influence on
transportation safety, is certainly a privilege and an honor.
Congress, it is wisdom, created the NTSB as an independent
agency to conduct objective, impartial investigations of
transportation mishaps in all modes of transportation,
determine the causes, and make recommendations to avoid
recurrences, all with a singular focus on improving safety.
This process has resulted in innumerable safety improvements
over the years. Indeed, the NTSB has performed its functions so
well that it is viewed around the world as the gold standard in
accident investigation.
Although the NTSB's perspective is obviously different than
that of the regulatory agencies, by Congress' design, the
ultimate goals are the same: improving transportation safety.
In creating this type of relationship between the NTSB and the
regulatory agencies, Congress developed a structure for
improving safety that has been admired both by other industries
in the United States and by governments all over the world.
Having previously had the honor of serving at the NTSB and
having also been in transportation safety regulatory agencies
since 1994, first at the National Highway Traffic Safety
Administration, and then at the Federal Aviation
Administration, I have acquired a strong base of knowledge and
experience upon which to help assure that the relationship
between the NTSB and the regulatory agencies, while always
reflecting their inherently different roles and missions, is
optimal for the purpose of the ultimate goal of improving
transportation safety.
Over the last 20 years, there have been many technology and
process improvements in transportation. As an attorney with a
master's degree in aerospace engineering, as well as a 3,000-
hour pilot, one of the areas that I hope to explore, if
confirmed, is how these advances can be more effectively
employed to help prevent transportation mishaps.
Before closing, I would like to thank my coworkers and
other friends who are here today to share this experience with
me. And I would also like to thank my biggest supporters, my
wife, LeeAnn; and my daughter, Brooke, who are here today; and
my son, Adam, who was not able to join us today, for all that
they have done to help me be in a position to take advantage of
this opportunity to serve the American people.
Thank you again for the privilege of appearing before you
today. If confirmed, I look forward to working with this
committee on the important transportation safety issues before
the NTSB. And I would be pleased to answer any questions you
may have.
[The prepared statement and biographical information of Mr.
Hart follows:]
Prepared Statement by Hon. Christopher A. Hart, Member-Designate,
National Transportation Safety Board
Thank you, Mr. Chairman, Ranking Member Hutchison, and other
Members of this Committee for the opportunity to appear before you
today in relation to my nomination by President Obama to serve as a
Member of the National Transportation Safety Board. Being nominated by
President Obama for this important position, one that has such a
tremendous influence on transportation safety, is certainly a privilege
and an honor.
Congress, in its wisdom, created the NTSB as an independent agency
to conduct objective, impartial investigations of transportation
mishaps in all modes of transportation, determine the causes, and make
recommendations to avoid recurrences--all with a singular focus on
improving safety. This process has resulted in innumerable safety
improvements over the years. Indeed, the NTSB has performed its
functions so well that it is viewed around the world as the gold
standard in accident investigation.
Although the NTSB's perspective is obviously different than that of
regulatory agencies, by Congress' design, the ultimate goals are the
same--improving transportation safety. In creating this type of
relationship between the NTSB and the regulatory agencies, Congress
developed a structure for improving safety that has been admired both
by other industries in the United States and by governments all over
the world.
Having previously had the honor of serving at the NTSB, and having
also been in transportation safety regulatory agencies since 1994--
first at the National Highway Traffic Safety Administration, and then
at the Federal Aviation Administration--I have acquired a strong base
of knowledge and experience upon which to help assure that the
relationship between the NTSB and the regulatory agencies, while always
reflecting their inherently different roles and missions, is optimal
for the purpose of the ultimate goal of improving transportation
safety.
Over the last 20 years, there have been many technology and process
improvements in transportation. As an Attorney with a Master's Degree
in Aerospace Engineering, as well as a 3,000-hour pilot, one of the
areas that I hope to explore, if confirmed, is how these advances can
be more effectively employed to help prevent transportation mishaps.
Before closing, I would like to thank my co-workers and other
friends who are here today to share this experience with me, and I
would also like to thank my biggest supporters, my wife, LeeAnn, my
daughter, Brooke, and my son, Adam, who was not able to join us today,
for all they have done to help me be in a position to take advantage of
this opportunity to serve the American people.
Thank you again for the privilege of appearing before you today. If
confirmed, I look forward to working with this Committee on the
important transportation safety issues before the NTSB. I would be
pleased to answer any questions you may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used): Christopher
Alvin Hart.
2. Position to which nominated: 1Member, National Transportation
Safety Board.
3. Date of Nomination: June 25, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information is not released to the public.
Office: Air Traffic Safety Oversight Service Federal Aviation
Administration, Room 1026, 800 Independence Avenue, SW,
Washington, D.C. 20591.
5. Date and Place of Birth: June 18, 1947; Denver, Colorado.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: LeeAnn M. Hart, International Aviation Operations
Specialist, Federal Aviation Administration, 800 Independence
Avenue, SW, Washington, D.C. 20591; Children: Adam C. Hart, Age
21; Brooke C. Hart, Age 6.
7. List all college and graduate degrees. Provide year and school
attended.
Harvard Law School, J.D., 1973.
Princeton University, M.S.E. (Aerospace Engineering), 1971.
Princeton University, B.S.E. (Aerospace Engineering), 1969.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
2005-present--Deputy Director, Air Traffic Safety Oversight
Service, Federal Aviation Administration, Washington, D.C.
1995-2005--Assistant Administrator for System Safety, Federal
Aviation Administration, Washington, D.C.
1994-1995--Deputy Administrator, National Highway Traffic
Safety Administration, Washington, D.C.
1990-1993--Member, National Transportation Safety Board,
Washington, D.C.
1981-1990--Managing Partner, Hart & Chavers, Washington, D.C.
1979-1981--Associate Attorney, Dickstein, Shapiro & Morin,
Washington, D.C.
1977-1979--Deputy Assistant General Counsel for Environmental,
Civil Rights, and General Law, U.S. Department of
Transportation, Washington, D.C.
1976-1977--Attorney, General Counsel's Office, Air Transport
Association of America, Washington, D.C.
1973-1976--Associate Attorney, Peabody, Rivlin, Lambert &
Meyers, Washington, D.C.
1972--Summer Associate, Fish & Neave, New York, NY.
1971--Summer Associate, Davis, Graham & Stubbs, Denver, CO.
1969--Summer Engineering Intern, MRI Associates, Los Angeles,
CA.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years: None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
1998-2008--National Sleep Foundation, Secretary and Director.
2002-present--Invited by International Association of Fire
Chiefs to be on Near-Miss Reporting Task Force to help develop
firefighter near-miss reporting system.
2003-present--Invited by National Academy of Sciences/Institute
of Medicine to be safety risk assessment expert on Institute of
Medicine Committee on Review of NASA's Bioastronautics Critical
Path Roadmap regarding long-duration (Moon and Mars) space
travel.
2008--I filed Articles of Organization in February 2008 to
create AvMed Solutions, LLC, a Washington, DC, limited
liability company. Plans did not proceed as anticipated, so I
filed Articles of Dissolution in September 2008. The company
did not conduct any business, did not appoint any officers or
directors, and did not open a bank account.
2009-present--Lowell School, Washington, DC, Trustee (where my
6-year old daughter is a student)
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
1969-present--Phi Beta Kappa.
1969-present--Sigma Xi.
1969-present--Association of Black Princeton Alumni.
1971-present--Association of Princeton Graduate Alumni.
1973-present--Aircraft Owners and Pilots Association.
1973-present--Lawyer-Pilots Bar Association.
1973-present--District of Columbia Bar.
1973-present--Harvard Club of Washington.
1973-present--Harvard Law School Association.
1973-present--Princeton Club of Washington.
1998-2008--National Sleep Foundation, Secretary and Director.
Late 1990s-present--East (Denver) High School Alumni
Association.
Early 2000s-present--Royal Aeronautical Society, Washington,
D.C. Branch.
2005-present--Georgia Tech Parents Association.
To the best of my knowledge, none of the above organizations
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
1990--Nominated by the President and confirmed by the Senate to
be a Member of the National Transportation Safety Board,
Washington, D.C.
1994--Appointed by the President to be Deputy Administrator of
the National Highway Traffic Safety Administration, Washington,
D.C.
No campaigns or campaign debt.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period
Contributions to Obama for America:
9/22/2008: $300
10/17/2008: $250.
I have not held offices in or rendered services to any political
party or election committee.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
1969--Graduated magna cum laude, Princeton University.
1969-present--Phi Beta Kappa.
1969-present--Sigma Xi.
1971--Master's Thesis selected to be published as Princeton
University Report No. 942.
1971--Howard Hughes Foundation Scholarship.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Publications
``Aviation Industry Provides Roadmap to Improve Patient
Safety,'' Biomedical Instrumentation & Technology, Vol. 38, No.
6 (Nov/Dec 2004).
``Obtaining Investment Capital Through Securities Offerings,''
Spectrum (Journal of the National Association of Black
Accountants, Fall, 1984).
``State Action Antitrust Immunity for Airport Operators,''
Transportation Law Journal, Vol. 12, No. 1 (1981).
``An Antitrust Analysis of Oil Company Ownership of Deepwater
Ports,'' Transportation Law Journal, Vol. 10, No. 1 (1978).
Speeches
I have given numerous speeches since coming to the FAA in 1995 in
conferences in several countries in many industries regarding:
Collecting, analyzing, and sharing safety information for
proactive use in preventing aviation mishaps.
Application of aviation safety process lessons learned to
other industries, including other transportation modes,
chemical manufacturing, petroleum refining, nuclear power,
healthcare, and the financial industries.
Lessons learned from aviation safety experience regarding
improving productivity while improving safety.
Recently most of my speeches have been by invitation from other
industries that are looking to aviation for safety lessons learned. To
the best of my recollection, those speeches in the last few years
include the following:
July 21, 2009 Institute of Nuclear Power Operations
(INPO), Engineering Human Performance
Workshop, Phoenix, AZ.
Mar. 30, 2009 High Reliability Organization Conference,
Berkeley, CA.
Aug. 28, 2008 Idaho National Labs, Idaho Falls, ID.
Aug. 22, 2008 DOE Nuclear Executive Leadership Training,
Bethesda, MD.
July 23, 2008 Fluor Corporation Safety Meeting, Atlanta,
GA.
June 17, 2008 Savannah River Safety Conference, Aiken,
SC.
Mar. 11, 2008 Risk Management Assn. Conference, New
York, NY.
Feb. 26, 2008 Savannah River Safety Workshop, Aiken, SC.
Feb. 12, 2008 Institute for Healthcare Improvement,
Boston, MA.
Jan. 13, 2008 Transportation Research Board, Washington,
D.C.
Dec. 12, 2007 Johns Hopkins Hospital Safety Committee,
Baltimore, MD.
Nov. 28, 2007 Brookhaven National Labs, Brookhaven,
Upton, NY.
Aug. 2, 2007 Lawyer-Pilots Bar Assn, Park City, UT.
July 25, 2007 High Reliability Organization Conference,
Washington, D.C.
May 29, 2007 High Reliability Organization Conference,
Deauville, FR.
Mar. 13, 2007 Safety Across High Consequence Industries,
St. Louis, MO.
Jan. 23, 2007 Institute for Healthcare Improvement
Roundtable, Chicago, IL.
Jan. 11, 2007 Massachusetts General Hospital Grand
Rounds, Boston, MA.
Nov. 10, 2006 University of Illinois at Chicago Medical
School, Chicago, IL.
Oct. 28, 2006 Assn of American Medical Colleges,
Seattle, WA.
April 2, 2006 High Reliability Organization Conference,
Ontario, CA.
Mar. 22, 2006 St. Lawrence Hospital, Lansing, MI.
Oct. 25, 2005 Chemical Process Safety Conference,
College Station, TX.
Sept. 28, 2005 Intl Helicopter Safety Symposium,
Montreal, CA.
June 6, 2005 Healthcare Safety Conference, Providence,
RI.
Various dates: Intl. Assn. of Fire Chiefs Near Miss
Reporting Task Force
Aug. 14, 2008, Denver, CO
Feb. 10-12, 2008, San Diego, CA
Apr. 22-23, 2007, Indianapolis, IN
Apr. 20-21, 2006, Novato, CA
Sept. 14-15, 2006, Dallas, TX
Aug. 11, 2005, Reston, VA
My speeches have accompanied PowerPoint presentations, as opposed
to being from text, and I can provide samples of the PowerPoint
presentations if requested to do so.
In addition, I gave several speeches, including testimony to
legislatures in Idaho and South Carolina, as the Deputy and/or Acting
Administrator of NHTSA, in 1994-1995, and as an NTSB Member, from 1990-
1993, on a variety of topics relating generally to transportation
safety. I do not have copies or a list of these speeches.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
June 28, 1990, Senate Committee on Commerce; Science, and
Transportation. Christopher A. Hart to be a Member of the
National Transportation Safety Board.
April 1, 1992, Government Activities and Transportation
Subcommittee of the Committee on Government Operations, House
of Representatives. Aviation Safety Issues.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I wish to serve as a Member of the NTSB because I would be honored
and privileged to have the opportunity, if confirmed, to apply my
skills and experiences to the benefit of this Administration and the
American public. With both technical and legal backgrounds, as well as
being a pilot, I believe I am well-qualified to be a Member of the
NTSB.
On the technical side, I have extensive experience developing
effective and efficient ways to improve safety in complex, tightly-
coupled systems such as transportation systems. This experience has
been enhanced by my work with other industries, such as chemical
manufacturing, nuclear power, petroleum refining, the financial
industries, and healthcare, to help them benefit from very successful
aviation safety lessons learned.
My legal background will help me address the many legal issues
associated with improving transportation safety, as well as the legal
issues that are routinely addressed by the NTSB in its appellate
function.
In addition, I can apply my previous experience at the NTSB and FAA
to help structure optimal relationships between the NTSB and regulatory
agencies that will allow them to perform their respective functions
most effectively.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Proper management and accounting controls are clearly essential to
an organization of any size, and as highlighted in my answer to
Question 8, I have acquired management experience in a variety of jobs.
The largest organization I have managed is the National Highway Traffic
Safety Administration, which is larger than the NTSB.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the NTSB faces several challenges as a result of the
rapidly increasing pace of technological development and operational
enhancement in most transportation industries:
First, the NTSB must always strive to provide the most
effective safety recommendations possible.
Second, the NTSB must ensure that staff have the time and
resources to remain up to date in their training as technology
and business processes continue to develop and advance.
Third, the NTSB has an opportunity to apply more robust systems
approaches to help ensure that its recommendations, when
implemented, will be beneficial not only to the specific
problem being addressed, but also to the overall system in
which the problem arises.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have been a Federal employee since 1990, with the exception of a
few months in 1993-1994 between NTSB and NHTSA, and I have no financial
arrangements, compensation agreements, or other continuing dealings
with business associates, clients, or customers. My retirement funds
are invested in: (a) the Federal Thrift Savings Plan, (b) a Vanguard
Individual Retirement Account, (c) Vanguard Variable Annuities, and (d)
Social Security.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain: No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Board's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Board's
designated agency ethics official and that has been provided to this
Committee. I am not aware of any other potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
In the last 10 years I have been extensively involved in developing
tools and processes to help the aviation community collect, analyze,
and use data and information proactively to improve safety. As part of
developing those tools and processes, I have been addressing related
legal issues about public disclosure, regulatory enforcement, and
criminal and civil liability.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the NTSB's designated agency ethics
official to identify potential conflicts of interest. Any potential
conflicts of interest will be resolved in accordance with the terms of
an ethics agreement that I have entered into with the Board's
designated agency ethics official and that has been provided to this
Committee.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain: No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
In 2008, I sued an employment services firm in DC Superior Court
for breach of contract (nonperformance), and obtained a default
judgment against the firm for $12,777 plus interest (Hart v. Byron
Associates, Civil Action No. 2008 CA 006624B (D.C. Superior Court,
2008))
During my tenure as FAA Assistant Administrator for System Safety,
from 1995 until 2005, three racial and/or age discrimination claims
were brought regarding selections or other decisions made by managers
who reported to me, and one racial and age discrimination claim was
brought regarding a selection that I made. Two of the claims regarding
the managers were settled at the administrative level (In re Blazy, DOT
Complaint No. 2-01-2114 (2001); In re Randall, FAA Informal Case No.
AWA-FY2004-0059 (2004)), and the third was settled while it was in the
DC Federal District Court (McIntyre v. Mineta, Civil Action No. 05-0664
(ESH) (D.C.D.C. 2006)). My office prevailed at the Equal Employment
Opportunity Commission on the merits in the claim regarding the
selection that I made (McIntyre v. Mineta, EEOC Case No. 100-A2-7049X,
Washington Field Office, 2003).
In 2001, in order to enable my son to attend high school in
Washington, DC, I sought to re-open the custody determination from my
divorce litigation (described below) that gave my ex-wife custody of
our son in Florida. The DC Superior Court dismissed my reopening
efforts, on the grounds that the Florida courts should decide the issue
(Hart v. Hart, Civil Action No. DR-0897-91d (D.C. Superior Court,
2001)), so I commenced litigation in Florida (Hart v. Hart, Civil
Action No. FL-01-00046 (2nd Cir., Leon County, FL, 2001)). My ex-wife
and I settled the Florida case, with the result that I obtained custody
and my son attended high school in DC.
Sometime in the mid-1990s, I commenced litigation in DC Superior
Court against the condominium association in which I am an owner to
repair damages that resulted from repair work that was done by the
condominium. We settled the case.
In 1991, I sued my wife for divorce in the DC Superior Court. I
obtained the divorce but was not awarded custody of our son (Hart v.
Hart, Civil Action No. DR-0897-91d (D.C. Superior Court, 1992), aff d,
Civil No. DR-897-91 (D.C.Ct.App. 1996)). During this process, our house
went into foreclosure, and I commenced a separate action in DC Superior
Court to delay the foreclosure. The foreclosure sale was deferred, and
I purchased the house in the foreclosure sale.
The law firm of which I was a founder was sued for rent by its
landlord in DC Superior Court in the late 1980s. The lawsuit was
settled while it was under appeal (Hart v. Vermont Investment Limited
Partnership, No. 94-CV-426 (D.C.Ct.App. 1995)).
I own three investment properties, and those have resulted in three
or four lawsuits in DC Superior (Small Claims) Court between my tenants
and me over the years regarding amounts claimed to be owed. The most
recent one for which I could find any records occurred in 1997. All
such suits were settled.
In the mid 1970s, a partnership in which I was a partner sued a
lessee of a partnership airplane for nonperformance in the local courts
of Virginia. The lessee prevailed in that lawsuit.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain.
Please see my answer in Question 3, above, regarding a
discrimination claim that was filed at the EEOC, and decided on the
merits in my favor.
In 2000, while I was FAA Assistant Administrator for System Safety,
a confidential complaint was filed with the FAA's Accountability Board,
alleging that I allowed a contractor for a division of my office to
hire only petite females. The complaint was investigated by the FAA's
normal process for such complaints (which uses investigators who are
not from the FAA) and found to be without merit (FAA File No. AB 99-
0176 (2000)).
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
RESUME OF CHRISTOPHER A. HART
Employment
2005-present--Deputy Director, Air Traffic Safety Oversight
Service, Federal Aviation Administration, Washington, D.C., 202-267-
5205.
Oversee safety of the FAA air traffic organization.
1995-2005--Assistant Administrator for System Safety, Federal
Aviation Administration, Washington, D.C.
Reporting directly to the FAA Administrator, the Office of
System Safety provided data, analytical tools and processes,
safety risk assessments, and other assistance to support FAA
and worldwide aviation community safety programs; spearheaded
industry-wide safety activities such as the Global Aviation
Information Network (GAIN); and helped identify safety issues
and emerging safety trends.
1994-1995--Deputy Administrator, National Highway Traffic Safety
Administration (appointed by the President), Washington, D.C.
NHTSA regulates the safety of motor vehicles and helps states
with safety belt, drinking and driving, child safety seat, and
other programs.
1990-1993--Member, National Transportation Safety Board (nominated
by the President and confirmed by the Senate), Washington, D.C.
The NTSB investigates and determines the probable cause of
transportation accidents, issues reports and recommendations to
improve safety, and decides appeals in enforcement proceedings
against airmen and seamen.
1981-1990--Managing Partner, Hart & Chavers, general civil practice
law firm, Washington, D.C.
1979-1981--Associate Attorney, Dickstein, Shapiro & Morin, general
civil practice law firm, Washington, D.C.
1977 to 1979--Deputy Assistant General Counsel for Environmental,
Civil Rights, and General Law, U.S. Department of Transportation,
Washington, D.C.
1976-1977--Attorney, General Counsel's Office, Air Transport
Association of America, Washington, D.C.
1973-1976--Associate Attorney, Peabody, Rivlin, Lambert & Meyers,
general civil practice law firm, Washington, D.C.
Education
J.D., Harvard Law School, 1973.
M.S.E. and B.S.E., aerospace and mechanical sciences, Princeton
University, 1971 and 1969, respectively.
Publications
``Aviation Industry Provides Roadmap to Improve Patient
Safety,'' Biomedical Instrumentation & Technology, Vol. 38, No.
6 (Nov/Dec 2004).
``Obtaining Investment Capital Through Securities Offerings,''
Spectrum (Journal of the National Association of Black
Accountants, Fall, 1984).
``State Action Antitrust Immunity for Airport Operators,''
Transportation Law Journal, Vol. 12, No. 1 (1981).
``An Antitrust Analysis of Oil Company Ownership of Deepwater
Ports,'' Transportation Law Journal, Vol. 10, No. 1 (1978).
Honors
Invited by National Academy of Sciences to be safety risk
assessment expert on Institute of Medicine Committee on Review
of NASA's Bioastronautics Critical Path Roadmap re long-
duration (Mars) space travel, 2003-.
Invited by International Association of Fire Chiefs to be on
Near-Miss Reporting Task Force to help develop firefighter
near-miss reporting system, 2002-.
Director, National Sleep Foundation, 1998-2008.
Member, District of Columbia Bar Board of Professional
Responsibility, 1993-1995.
Board of Governors, District of Columbia Bar, 1983-1989.
Member, Legal Ethics Committee of District of Columbia Bar,
1983-1989.
Board of Directors of WPFW-FM station, 1983-1990.
Governing Council, Princeton Club of Washington, 19831989.
Admitted to District of Columbia Bar, 1973.
Graduated magna cum laude, Princeton University, June 1969.
Other
Commercial/Multi-Engine/Instrument pilot, more than 2900 hours.
The Chairman. Thank you, Mr. Hart.
Ms. Cahill?
STATEMENT OF PATRICIA D. CAHILL,
MEMBER-DESIGNATE, BOARD OF DIRECTORS,
CORPORATION FOR PUBLIC BROADCASTING
Ms. Cahill. Chairman Rockefeller, Senator Hutchison, and
Members of the Commerce Committee, thank you for the
opportunity to appear before you to discuss my nomination to
the Board of Directors of the Corporation for Public
Broadcasting. I also want to thank President Obama for
nominating me and Senator McCaskill for her strong support for
me during this process.
As a public radio station manager, when I am behind a
microphone, it is not usually to testify before the Senate.
Instead, I am thanking listeners and encouraging them to
support public radio. My first words on the radio were in 1965
at the student-operated station at the University of Kansas
when I said, ``What's this red light doing on?''
[Laughter.]
Ms. Cahill. I started working full time in public radio
during graduate school as a receptionist at an educational
station. National Public Radio would not be created for 2 more
years. I continued my early career as a public radio producer-
reporter, news director, and program director.
I became General Manager of a public radio station in 1976
and I am currently General Manager of KCUR in Kansas City and
Assistant Professor in Communication Studies at the University
of Missouri-Kansas City. During my tenure, KCUR's listening
audience has quadrupled and listener contributions have
increased dramatically, as have the hours and the depth of
programming we provide to our community.
I have been elected twice to the Board of Directors of
National Public Radio, which produces and distributes
programming to hundreds of public radio stations across the
country. On the NPR Board, I served as Chairman of the
Technology Distribution Committee, overseeing the satellite
interconnection system, which matches the quality of our
signals to the quality of our programming. I also served as
Chairman of the Membership Committee, ensuring service to
member stations and expanding NPR membership to more stations.
And I served as the first Chairman of the Development
Committee, overseeing NPR's corporate and foundation support.
I was elected three times as President of Public Radio in
Mid America, which represents the unique needs of our region to
the public radio system.
Now, I am on the air only during membership drives.
Contributions from our community provide 88 percent of our
funding. This level of support demonstrates the value of our
programming to our community.
But the Federal contribution to public broadcasting is also
essential. At my station, CPB funds make up approximately 9
percent of our budget. In addition to these funds, which go
toward my station's programming expenses, Federal funding from
CPB has helped my station and many others with purchasing and
installing digital equipment and with periodic upgrades to the
public radio interconnection system.
I have a life-long commitment and passion for public radio
and its service to local communities, and I believe my 40 years
of work in the industry will make me an asset on the CPB Board
as it sets the policies governing the distribution of Federal
funds to the system. Public radio can provide information and
education that can help people change their lives and the lives
of people around them. Our product is the content we provide:
over the air, over cable, on the web, on the phone, on multiple
platforms. The purpose of commercial broadcasting is to connect
advertisers with their audiences. The purpose of public
broadcasting is to connect people with one another and to the
wider world. Public broadcasting expands the horizons of
Americans, demonstrating how we are different and how we are
the same.
I believe all my experiences, my education, my teaching,
and my work in public radio on the local and national levels
have led me here today. If confirmed to the Board of Directors
of the Corporation for Public Broadcasting, I will work
tirelessly on behalf of the American people to advance the
mission of public broadcasting.
Thank you again for your consideration, and I would be
happy to answer any questions you have.
[The prepared statement and biographical information of Ms.
Cahill follows:]
Prepared Statement of Patricia D. Cahill, Member-Designate,
Board of Directors, Corporation for Public Broadcasting
Chairman Rockefeller, Senator Hutchison and Members of the Commerce
Committee, thank you for the opportunity to appear before you to
discuss my nomination to the Board of Directors of the Corporation for
Public Broadcasting. I also want to thank President Obama for
nominating me and Senator McCaskill for her strong support for me
during this process.
As a public radio station manager, when I am behind a microphone
it's not usually to testify before the Senate. Instead, I am thanking
listeners and encouraging them to support public radio. My first words
on the radio were in 1965 at the student-operated station at the
University of Kansas when I said, ``What's this red light doing on?''
I started working full time in public radio during graduate school
as a receptionist at an educational station. National Public Radio
would not be created for two more years. I continued my early career as
a Public Radio Producer-Reporter, News Director and Program Director.
I became General Manager of a public radio station in 1976 and I am
currently General Manager of KCUR Radio in Kansas City and Assistant
Professor in Communication Studies at the University of Missouri-Kansas
City. During my tenure, KCUR's listening audience has quadrupled and
listener contributions have increased dramatically, as have the hours
and the depth of programming we provide to our community.
I have been elected twice to the Board of Directors of National
Public Radio, which produces and distributes programming to hundreds of
public radio stations across the country. On the NPR Board, I served as
Chairman of the Technology/Distribution Committee, overseeing the
satellite interconnection system, which matched the quality of our
signals to the quality of our programming. I also served as Chairman of
the Membership Committee, ensuring service to member stations and
expanding NPR membership to more stations, and as the first Chairman of
the Development Committee, overseeing NPR's corporate and foundation
support.
I was elected three times as President of Public Radio in Mid
America, which represents the unique needs of our region in the public
radio system.
Now I am on the air only during membership drives. Contributions
from our community provide 88 percent of our funding. This level of
support demonstrates the value of our programming to our community.
But the federal contribution to public broadcasting is also
essential. CPB funds, provided by Congress, are the lifeblood of the
system, and are the irreplaceable foundation for everything that local
stations do. At my station, CPB funds make up approximately 9 percent
of our budget. In addition to these funds, which go toward my station's
programming expenses, Federal funding from CPB has helped my station
and many others with purchasing and installing digital equipment and
with periodic upgrades to the public radio interconnection system.
I have a life-long commitment to and passion for public radio and
its service to local communities, and I believe my 40 years of work in
the industry will make me an asset on the CPB Board of Directors as it
sets the policies governing the distribution of Federal funding to the
system. Public radio and television can provide information and
education that can help people change their lives and the lives of
people around them. Our product is the content we provide: over the
air, over cable, on the web, on the phone, on multiple platforms. The
purpose of commercial broadcasting is to connect advertisers with their
audiences. The purpose of public broadcasting is to connect people with
one other and to the wider world. Public broadcasting expands the
horizons of Americans, demonstrating how we are different and how we
are the same.
I believe that all my experiences, my education, my teaching, and
my work in public radio at the local and national levels, have led me
here today. If confirmed to the CPB Board of Directors, I will work
tirelessly on behalf of the American people to advance the mission of
public broadcasting.
Thank you again for your consideration. I would be happy to answer
any questions you may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name (Include any former names or nicknames used):
Patricia Deal Cahill.
Nickname: Patty.
2. Position to which nominated: Corporation for Public
Broadcasting, Board of Directors.
3. Date of Nomination: July 6, 2009.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: KCUR Radio, University of Missouri-Kansas City, 4825
Troost Ave., Suite 202, Kansas City, MO 64110.
5. Date and Place of Birth: October 9, 1947; St. Louis, Missouri.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Lindsay Cahill Crump, 29; Jessica Cahill Ford, 26.
7. List all college and graduate degrees. Provide year and school
attended.
Master of Arts, University of Kansas, 1971.
Bachelor of Arts, University of Kansas, 1969.
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
General Manager of KCUR Radio and Assistant Professor of
Communication Studies, University of Missouri-Kansas City,
1987-Present.
General Manager of KMUW Radio and Instructor in Journalism and
Communications, Wichita State University, 1976-1987.
Program Director of KMUW, 1976-1976.
News Director of KMUW, 1975-1976.
Reporter/Producer at KCUR Radio and Instructor in Communication
Studies, University of Missouri-Kansas City, 1973-1975.
Public Relations Speaker, Project Concern's Walk for Mankind,
1972.
Director of Audio-Reader, KANU University of Kansas, 1971-1972.
Record and Tape Librarian, KANU Radio, University of Kansas,
1970.
Receptionist, KANU Radio, University of Kansas, 1969.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last 5 years.
Grant Reviewer, U.S. Department of Commerce, Public
Telecommunications Facilities Program.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last 5 years.
KCUR General Manager and Assistant Professor, University of
Missouri-Kansas City, 1987-present.
Secretary of the Board of Directors, Women's 12-Step Recovery
Center, Inc (Friendship House and Catherine's Place) 2008-
present.
Jackson County Court Appointed Special Advocate (CASA), 2007-
2008.
Authorized representative (``A-Rep'') from KCUR Radio to
National Public Radio, 1987-present.
12. Please list each membership you have had during the past 10
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis of sex, race, color, religion,
national origin, age, or handicap.
Unity Temple on the Plaza Church, 1996-present, member.
Public Radio in Mid America, 1987-present, former President and
Vice President and member, Board of Directors.
Women's 12-Step Recovery Center, Inc., Secretary of Board of
Directors, 2008-present.
Authorized representative (``A-Rep'') from KCUR Radio to
National Public Radio, 1987-present.
I am also a regular donor to organizations which consider their
donors ``members,'' including: The Nelson-Atkins Museum of Art, KKFI-
FM, Community Radio, KCUR Radio, KCUR Watts Society (endowment), and
the American Association of Retired People.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt: Not applicable.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years. Also list all offices you
have held with, and services rendered to, a state or national political
party or election committee during the same period: Not applicable.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Wichita Chapter, Women in Communications, Inc., Outstanding
Woman, 1987.
Alpha Epsilon Rho, Outstanding Faculty Member, 1979.
Alumini Citation Honor, Radio-Television, University of Kansas,
1992-1993.
Patricia Deal Cahill Appreciation Day, Wichita, Kansas, 1987.
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
Master's Thesis: Joe McCarthy and Television.
I write a short letter to KCUR's listeners and supporters in our
annual Year in Review.
I have given hundreds of speeches concerning public radio to
educational, social and service organizations from 1969 to the present,
including the following:
From 1987 to the present, I have spoken on a reoccurring basis at
the University of Missouri-Kansas City to graduate social work classes,
alumni, public relations classes, management classes, new faculty and
new student orientations, and KCUR Radio underwriters and major
contributors. During this time I have also spoken to classes at Avila
College, Rockhurst University, Park College, Webster University, Center
High School, Center Middle School, and Stuckey Middle School.
From 1975 to 1987, I spoke on a reoccurring basis at Wichita State
University to journalism classes, broadcasting classes, the student
government association, alumni, the Women in Communication student
group, a luncheon for the New Radio Building, student orientations, and
the accreditation committee. I also spoke at an assembly at Friends
University in 1980.
I have also spoken to a variety of groups. For example, in 1978, I
spoke to the Carnegie Commission on the Future of Public Broadcasting.
From 1983 to 1988, I spoke at National Public Radio Conferences and in
2006 I spoke at its New Realities meeting. From 1976 to 1987, I spoke
on a few occasions to the Wichita and Hutchinson chapters of Women in
Communications; I spoke to the Kansas City chapter once in the early
1990s. I have spoken a handful of times to chapters of the Public
Relations Society (Witchita from 1976 to 1987 and Kansas City from 1987
to the present). Sometime between 1976 and 1987, I spoke once to the
National Association of Women in Construction. In the late 1980s, I
spoke to the Sertoma Club in Johnson County. In 1987, I spoke at the
Village Presbyterian Church in Kansas City. Finally, since 1970, I have
spoken on occasion to Kiwanis and Rotary Clubs in Lawrence, Kansas,
Wichita, and Kansas City, as well as to Sheppard's Center and other
senior groups and nursing homes.
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony: Not applicable.
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
My education and 40 years of experience working in public radio, 33
of them managing public radio stations and teaching broadcasting
courses, qualifies me for a position on the Board of Directors of the
Corporation for Public Broadcasting. My experience on the Board of
Directors of National Public Radio has also helped me understand the
significance and importance of this organization as well as the
responsibilities and duties of a Board of Directors. My experience at
the local level helps in understanding the significance and value of
Board policies and planning for public radio and television stations.
I want to serve in this position because my passion for public
radio and all my experiences in public radio have led me here.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As a former member of the Board of Directors of National Public
Radio, I have experience in working with a large organization. I have
taken a graduate level accounting course, taught financial management
to my broadcast management course and prepared all the financial
paperwork for the radio station's outside auditors for a couple of
years. I currently oversee all income and expenses of the public radio
station. As a manager, I understand the importance of proper management
and accounting controls. Without them, there is no viable organization.
20. What do you believe to be the top three challenges facing the
department/agency, and why.
Responding to the changing social and economic structure of the
country, which provides new ways for public radio to reach a
broader audience.
Finding new ways of financing programming on a variety of
different platforms to build financial capacity for the
industry.
Expanding the audience for public broadcasting, thereby
providing a valuable service to people who are now unserved.
B. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
Under the University of Missouri's defined benefit retirement
program, upon retirement I will receive benefits in the amount of 2.2
percent of my final average salary, multiplied by the number of years
of service. Under this program, I expect to receive a retirement income
from the University of Missouri in the amount of about $47,000 a year.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain.
I expect to remain General Manager of KCUR Radio and Assistant
Professor of Communication Studies at the University of Missouri-Kansas
City.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
I manage a public radio station that receives yearly Community
Service Grants from the Corporation for Public Broadcasting. In
connection with the nomination process, I have consulted with the
Office of Government Ethics and the CPB's ethics official to identify
potential conflicts of interest. Any potential conflicts of interest
will be resolved in accordance with the terms of an ethics agreement
that I have entered with the CPB's ethics official and that has been
provided to this Committee. I am not aware of any other potential
conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPB's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered with the CPB's ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
5. Describe any activity during the past 10 years in which you have
been engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy.
I went to Jefferson City, MO and met with state legislators
regarding state funding for public radio about 8 or 9 years ago.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the CPB's ethics official to
identify potential conflicts of interest. Any potential conflicts of
interest will be resolved in accordance with the terms of an ethics
agreement that I have entered with the CPB's ethics official and that
has been provided to this Committee.
C. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain: Not applicable.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain.
In 1996, I was found in violation of a Kansas City municipal
ordinance when a pet defecated in a neighbor's yard. I was ultimately
given 6 months probation.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
I was one of the defendants in Robert Barrientos v. The Curators of
the University of Missouri, Radio Station KCUR, Patricia Cahill and
James Costin, Case No. 16CV95-15377, which was filed in the Circuit
Court of Jackson County, Missouri on July 26, 1995. After I asked him
to resign, Mr. Barrientos alleged violations of state and Federal laws
prohibiting discrimination on the basis of sex and national origin, and
a breach of an employment contract that provided he would be paid a
commission on certain sales. On June 24, 1996, the case was dismissed
with prejudice after the parties reached a settlement. Under the terms
of the settlement, the defendants expressly denied liability, but the
University of Missouri agreed to pay plaintiff $10,000 in exchange for
a stipulated dismissal with prejudice.
I have also been involved in three divorce proceedings, one in 1974
(from Michael Allen Spencer); one in 1985 (from Stephen Crump); and one
in 1997 (from Claus Peter Wawrzinek).
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain: Please see my answer to #2 above.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain: Please see my answer to #3
above.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination: None.
D. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines for information set by Congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect Congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
______
RESUME OF PATRICIA DEAL CAHILL
Experience
1987-Present, University of Missouri-Kansas City, General Manager,
KCUR Radio, Assistant Professor, Communication Studies.
Listening audience tripled to over 190,000 weekly.
From $150,000 deficit to over $3,000,000 fund balance.
1976-1987, The Wichita State University, General Manager, KMUW
Radio; Instructor, Speech Communications and Journalism.
Increased power from 10,000 to 100,000 watts stereo.
Moved from farm house to remodeled store building.
1969-1976, Program Director, KMUW Radio; News Director, KMUW Radio;
Reporter/Producer, KCUR Radio; First Director, Audio-Reader, Radio
Service for the Blind; Record and Tape Librarian, KANU, University of
Kansas; Receptionist, KANU.
Education
M.A. Radio, Television, Film University of Kansas.
B.A. Speech and Drama & Geography, University of Kansas
Selected Service and Honors
National Public Radio Board of Directors, 1982-1988
Executive Committee
Chair, Development Committee.
Chair, Distribution/Interconnection Committee.
Chair, Membership Committee.
Public Radio in Mid America.
President, 1978-1980, 1989-1993.
Committee/Review work includes:
Department of Commerce, Public Telecommunications Facility
Program.
National Public Radio.
Corporation for Public Broadcasting.
Kansas Arts Association.
Missouri Arts Council.
Wichita State University.
University of Missouri-Kansas City.
Women in Communications, Inc.
Outstanding Wichita Woman
City of Wichita, Kansas
Patricia Deal Cahill Appreciation Day.
University of Kansas.
Alumni Honor Citation, Radio-Television.
Alpha Epsilon Rho.
Outstanding Faculty Member
Women's 12-Step Recovery Center, Inc.
Secretary, Board of Directors.
Court Appointed Special Advocate, Jackson County, MO.
The Chairman. Thank you. Your statement that the purpose of
commercial radio is to connect advertisers with people I am
sure would bear some discussion, but no argument from me.
Mr. Elliott, let me start. You said an interesting thing.
You said I do not come into this with a sense of who is right
or who is wrong or maybe it is what is right or what is wrong.
I am not sure what it was. But it surprised me because it seems
to me, number one, that is not usually the legal approach. In
other words, there is a feeling of who is right and who is
wrong. I think what you were trying to do was to bypass--
incidentally, after I ask you this question, I am going to ask
each of you to introduce your family members, but they may not
want to get up. I do not know.
[Laughter.]
The Chairman. The question about captive shippers and
railroads is--I mean, there are points that are right. There
are points that are wrong. There are annual reports that talk
about railroads making profits of such and such. There are
questions that Senator Hutchison certainly knows about and
captive shippers throughout the land about being blackmailed,
being held up, being threatened, being cutoff, having their
prices raised because there was only one rail going into that
particular farm or steel mill or coal mine or whatever it is.
As we all know, the Staggers Act said if there are two
rails, then let the free market set the price, but if it is one
rail, the STB sets the price. That has been roundly ignored by
the railroads and inadequately addressed by captive shippers. I
think that represents two wrongs, clear wrongs. The captive
shippers do not have the money or they fear they are going to
lose or they are going to get drawn out because they are not
big.
So I am just interested that you do come to this with, I
assume, some points of view.
Mr. Elliott. In response, thank you for the question,
Chairman.
I do, obviously, have a grasp of legally speaking--that is
one side of the coin of what is right and what is wrong, I
guess, based on the statute and precedent which I will do my
best to look at and apply appropriately.
With respect to what is right and what is wrong with
respect to the shippers, what I think I intended there was that
I come from neither one side or the other side and that my
viewpoint would not be slanted one way or another coming in. I
know from some of my meetings before the hearing that there
were some concerns about the board, and I just wanted to make
sure that I was viewed coming from a neutral background.
The Chairman. Well, maybe we better have people introduce
their families, and I will come back on that. It concerns me
what you say. Would that be all right? So who would like to
introduce? We are going to start with public broadcasting.
Ms. Cahill. I would like to introduce my youngest daughter,
Jessica Ford, who is my comfort during this time.
Mr. Hart. Thank you, Mr. Chairman. I would like to
introduce my boss with a little B, LeeAnn Hart, who is my wife,
and my boss with a big B, Brooke Hart, who is my 6-and-three-
fourths-year-old daughter.
[Laughter.]
Mr. Hart. She is enthralled with this, as you can see.
The Chairman. Mr. Elliott?
Mr. Elliott. I would like to introduce my father, my best
friend from college, and my mother and her husband, my step-
father.
The Chairman. OK, good.
Ms. Kurland. And Mr. Chairman, I would like to introduce my
brother, Jacob; my sister, Judy; my sister-in-law, Audrey; my
niece, Rebecca; and my nephew, Marshall Kurland. Thank you.
The Chairman. Good, all right.
Mr. Bertram?
Mr. Bertram. Mr. Chairman, I will introduce my wife, Katie,
my son, Paul, who is a page in the Senate this summer; and my
daughter, Ann; as well as my wife's aunt, Marie; and uncle,
Roger.
The Chairman. Good, all right.
My time has expired, and I will continue our conversation
and have other questions. I turn now to the Ranking Member,
Senator Hutchison.
Senator Hutchison. Thank you. I want to start by asking
each of you to just give me a ``yes'' or ``no'' answer. We on
the Committee, both sides of the aisle, rely on technical
advice and help from all the agencies that we oversee. I want
to ask if you and your staff will be open to working with us as
we fulfill our oversight responsibilities with the information
that you have in your agencies. Mr. Bertram?
Mr. Bertram. Yes.
Ms. Kurland. Yes.
Mr. Elliott. Yes.
Mr. Hart. Yes.
Ms. Cahill. Definitely.
Senator Hutchison. Thank you very much.
I want to start with Ms. Kurland. Antitrust immunity has
been in the purview of the Department of Transportation when
alliances are proposed between U.S. and foreign carriers. That
has been a very important role that the Department of
Transportation has played because, as I am sure you know, many
mergers have been avoided by having agreements for code-sharing
and alliances with international carriers.
My question is, sometimes the Department of Justice has
weighed in with different views, but I believe that the
Department of Transportation understands that competition in
the aviation area depends on having alliances that will avoid
mergers that will then equate to higher costs to consumers.
My question to you is, will you support the policies of the
past where the Department of Transportation is the premier
antitrust determiner in these types of cases?
Ms. Kurland. Thank you, Senator Hutchison.
I understand that the Department of Transportation views
that the statutory responsibility that they have to administer
and process applications for antitrust immunity has been very
useful in enhancing strong benefits to consumers in global
transportation. I do understand that there have been
differences of opinion with the Department of Justice. And if I
am confirmed, I will follow the statutory requirements
carefully, work with the Department of Transportation, work
with this Committee, and talk with the Department of Justice.
Senator Hutchison. Does that mean that you believe that it
is the proper role for the Department of Transportation to make
these determinations in that particular area when it is between
U.S. and foreign air carriers?
Ms. Kurland. I do believe that the statutory
responsibilities that have been granted to the Department of
Transportation--I agree with those responsibilities, and I will
carry them out to the best of my abilities, yes.
Senator Hutchison. That is a yes then to the question.
I will just say that the Department recently determined
that the Continental alliance would be approved even though the
Department of Justice had concerns, and I think it was the
right decision that Secretary LaHood made. But there are others
still pending, and I would hope that you would follow through
with the chairman's philosophy that the more airlines we can
keep whole and competitive, the better off consumers are in our
aviation field.
I would like to turn to Mr. Elliott. I think that the
Chairman was concerned, and I would like to follow-up somewhat
on his question, and that is, what would be your guiding
philosophy in this very important area between railroads and
shippers?
We all want rails to be able to have the capital
infrastructure and to be safe and also profitable. We also want
shippers to be able to have affordable options when they are
captive and also a forum that is as simple as possible for
small shippers to be able to come to the STB. So how would you
handle your responsibility, if you are the Chairman of STB, to
deal with the balance that is so necessary in those issues?
Mr. Elliott. Thank you for the question, Ranking Member
Hutchison.
I guess the key word that you used is ``balance.'' I think
the statutory--with respect, the statute is set up in such a
way to balance those concerns between adequate revenue for the
railroads and the shippers having reasonable rates. So there is
a balancing act. Obviously, these two groups need one another.
The railroads obviously need their customers and the shippers
obviously, especially the shippers who only have the railroads
as their only means of transportation, need the railroads to
transport that. So there has to be a balancing act between
those two groups.
I have heard a lot of concerns regarding this issue and I
certainly would make it, if confirmed, one of my--my number one
priority to look into those issues.
Senator Hutchison. Thank you. My time is up. Are you sure?
The Chairman. Yes.
Senator Hutchison. Mr. Bertram, there is a growing interest
in our country in high-speed rail, and as you know, the
stimulus package put $8 billion into trying to foster more
areas to be able to have high-speed rail. The Administration is
going to be looking at another billion on top of the $8
billion. But that is not going to build any rail line. That is
not enough.
So my question is, this is seed money, but how would you
look for ways, and do you have ideas about ways, that high-
speed rail could be financed so that we can augment that part
of our multimodal transportation in this country which really
needs to have a more equal rail involvement if we are going to
have real choices for transportation modes?
Mr. Bertram. Sure, Senator. As you know, any large
infrastructure project, especially transportation
infrastructure project, rarely relies on just one source of
funding. There are Federal sources. There are State sources.
States can borrow money. I think one of the models to maybe
look at is the State of California that actually issued a very
large bond issue to start their high-speed rail project. So I
really think they are going to have to look at--just like major
highway projects and major transit projects, State and local
governments, working with the Federal Government, are going to
have to look at pulling together sources of funds from
different programs not just one large Federal program.
Senator Hutchison. Would you ever look at Federal bonds
that might be payable from future revenue?
Mr. Bertram. Sure. I think one of the ideas that the
Administration is working on is the concept of a national
infrastructure bank, which would make funds available where
states could borrow money from that bank and then repay that
with future revenue sources either through taxes or through the
actual receipts of running the system.
Senator Hutchison. Thank you, Mr. Chairman. I have a few
others, but I really would like for you to take your turn and I
will just maybe have a couple of others.
The Chairman. All right.
Mr. Elliott, getting back to you, I understand the concept
of neutrality and it is quite possible that the Obama
Administration told you to appear to be strictly neutral. You
know, be neutral. And that is fair enough. But the problem is
that when you get to the problem of captive shippers, nothing
is neutral. So if you are confirmed, as I expect that you will
be--hope that you will be, you have to be fair, but there is a
difference between being fair and being neutral.
What is that difference?
Mr. Elliott. I think I understand what you are saying now.
I think, obviously, as a decisionmaker at the Board, I have to
be neutral and apply the law as it is.
The Chairman. But if I could interrupt you.
Mr. Elliott. Sure.
The Chairman. If there is anything that stands out in the
history of captive shippers--that is why it has been an issue
for so long--the 1984 Staggers Act has not been applied fairly.
It has been applied to the advantage of the railroads, to the
disadvantage of the shippers who often cannot bring suit
because they do not have the money or it will take them too
much time and they get worn down by the bigger railroads.
When I came here 24 years ago, there were 50 class A
railroads. Today there are 4. Maybe it is 5. Who knows? But
they have got the power. And the law says that if there is only
one line into a source of loading, that you set the rates, so
to speak. And that is not a neutral act. Well, it has been very
unneutral 24 years. That is, I guess, the way I want to put it.
And I want you to be reasoned and fair and all the rest of
that, but I do not want you to be somehow disengaged from this
whole thing. You have been head of a union. Unions generally
are not disengaged. So describe to me your temperament as you
face what has been really kind of a war of the roses.
Mr. Elliott. My temperament is to be very engaged with this
committee, with the stakeholders, and to stay involved as much
as possible. I, obviously, have heard the concerns with respect
to the captive shippers, and their concerns are loud and clear.
Obviously, the Staggers Act was set up during a time where
the railroads were suffering, and it was to help them get back
on their feet. Obviously, the railroads have gotten back on
their feet. And there was also a concern about competition with
respect to the shippers, and I take that aspect of the act very
seriously and I intend to take a very careful look at it and be
proactive.
The Chairman. OK.
Susan Kurland, I was very happy about the fiscal 2010
budget because of a parochial yet nationwide reason, and that
is the Essential Air Service. There is nothing more
frustrating--and I am sure it is true in Texas, in some of the
rural parts of Texas where there are--you know, it is not
Dallas or Fort Worth, but there are people that are trying to
carry on business that need to connect into the international
marketplace. And so you have a lot of airports where there is
just simply no air service, but there can be air service if
there is some small degree of subsidy and, subsequent to that,
if there is the robust, as they say, usage of that flight so
that it is full, so that it can be justified.
How do you see the importance of the Essential Air Service?
Ms. Kurland. Well, I think, Mr. Chairman, it is a very
important program, and I know that it is one that is very
important to the Administration. In fact, you mentioned the
2010 budget. The Administration in their budget increased the
amount that they were budgeting for. I think it is expected to
be at $175 million.
The Chairman. An enormous increase.
Ms. Kurland. Yes. I think, though, the program has faced
some of the same stresses and pressures that we have seen in
the larger aviation program in that we have a world-wide
recession, we have seen demand go down, we have seen more cuts
in capacity, we have seen prices go up, and we have also seen,
with respect to a number of the carriers that provide essential
air service, a number of them have left the markets. So the
program has faced some pressure.
My goal or my objective, should I be confirmed, is to work
closely with you, with your staff, with the members of the
Committee. I think it is a very important program and I will
work with you on this program.
The Chairman. That is good.
[Laughter.]
The Chairman. No. For those of you who do not come from
rural States, the Essential Air Service is the difference
between being connected to the world or not, being able to do
business in Europe or not because you can get a connection. And
Senator Hutchison knows that as well as I do.
So beyond increasing the spending, what has to happen with
the Essential Air Service to make it work? I mentioned that
there is a big responsibility on the part of airports to market
themselves. People think that airports are just sort of like a
highway on top of a mountain or something like that. They are
not. They are commodities. They are like a Baby Ruth candy bar.
They are commodities to be marketed so people will go buy them.
And we had that experience in West Virginia where people
were driving all the way to Cincinnati so they could get the
lower fares of Southwest Airlines, not taking into account the
overnight expenses of staying in a motel, the gas, and all the
rest of it. So this particular airport, Charleston, went about
marketing itself as an airport, as a commodity, as a Baby Ruth
candy bar. That is not the most elegant solution, but I like
that brand, so I use it. But it is a commodity and you cannot
expect people to just sort of wander up there and say, I want
to go to Albuquerque. You have to fight for their loyalty, and
that means marketing yourself through television, through the
business community, through every single possible mechanism.
What are some of your ideas about promoting these airports?
Or add on to what I have to say or just say that what I said
was ample and you would prefer to go on to something else.
Ms. Kurland. Well, I do believe that what you have said was
very eloquent, but I do think that one of the points that you
raised could be amplified on and that is the business
community. I think that communities really need to get their
local business community, their Rotary Clubs, the folks to buy
into it, to view it as a resource for the community and that it
is important for them to stand behind it so that they have it
and they can bring the prices down. So I think working with the
business community is also key.
The Chairman. We have had in West Virginia examples in the
45 years that I have been there of, for example, sort of fairly
contiguous parts of the State and their airports looking upon
each other as enemies. Who is going to get a bigger share? And
as a result, they sort of hunker down and prepare for the best
or the worst or whatever life deals them.
I do not buy that philosophy. It seems to me that if you
are fairly contiguous to other airports that you work as a unit
and that you sell yourself as a region. That is very hard in
rural states that have a tradition of county direction and
county loyalty. I mean, Huntington and Charleston and
Parkersburg just would not speak to each other, but they all
need each other. They all need each other desperately. Now,
none of them are using Essential Air Service, but they have got
people from Parkersburg wanting to come to Charleston to catch
a flight because they do not have that flight at Parkersburg,
or vice versa.
I mean, it is a major state obligation or state's people
obligation or a business community or a travelers' obligation
to be aggressive about using airports regardless of where they
might be, you know, being reasonable about that, and not wait
till somebody decides or does not decide to come to your
particular airport.
Ms. Kurland. I agree with you, and should I be confirmed,
these are conversations I would love to have further with you
and talk about other ideas.
The Chairman. OK. I think my time is out, but I will run
over with one question. That is also on antitrust immunity.
It is important to me that the DOT maintain its authority
in evaluating applications for antitrust immunity in order to
balance the competing need of competition, the health of the
industry, and consumer interests. Do you expect DOT to maintain
its authority in this area?
Ms. Kurland. It is my understanding that the authority is
with DOT, and I think that DOT has viewed it as a very useful
tool in enhancing competition, in providing benefits to our
consumers. And should I be confirmed, I look forward to
participating and being a part of the antitrust immunity
application process and review process.
The Chairman. Thank you very much.
Senator Hutchison?
Senator Hutchison. Thank you, Mr. Chairman.
Let me ask you, Mr. Hart, what do you think are the most
critical issues that have not been addressed by agencies that
have received recommendations from the NTSB?
Mr. Hart. Thank you, Senator Hutchison. That is a question
I have certainly been looking at during my many years in
transportation safety.
I think one of the most generic issues that I am seeing
across the modes is fatigue, because all these businesses are
24/7 businesses. The science that underlies fatigue is not well
understood, which is one of the reasons it is so difficult to
come to an objective conclusion on the best way to do it.
In addition to that, in aviation we have the complication
that we can cross many time zones in a short period of time. So
in addition to the fatigue that mariners, truckers, and
railroaders experience, aviation has the additional
complication of sometimes crossing multiple time zones in a
short period of time.
So I think that the issue that most concerns us is fatigue,
to all of the modes generically is fatigue.
Senator Hutchison. Thank you.
Now, Ms. Cahill, I think all of us support the Corporation
for Public Broadcasting and the difference of the type of
programming that they have had in the past that was not being
done by the mainstream television networks.
I want to ask you, though, now that there are so many other
outlets with cable and so many different types of programming,
if the Corporation for Public Broadcasting or especially public
television is doing enough in in-depth programming which has
been one of the things it could do that mainstream media could
not because maybe it would not be as profitable or have as
quick of a return. Do you think that public television is doing
enough in-depth programming, or would you look for ways to make
any changes?
Ms. Cahill. Senator Hutchison, as a public radio manager, I
appreciate the amount of in-depth news and information
programming that we are able to provide to the community, and I
think that public television could do that as well. We need
more of that.
Senator Hutchison. I think your point is well taken, that
really radio does do that, but are you saying you think there
could be more investment in in-depth programming than is being
done today?
Ms. Cahill. Certainly a lot more investment.
Senator Hutchison. And last but not least, do you think
that the programming on NPR, as well as public television, is
fair and balanced as it relates to different views and
philosophies, and is that something that you will watch
carefully as a member of the Corporation for Public
Broadcasting?
Ms. Cahill. Senator Hutchison, I understand that the
Corporation for Public Broadcasting is responsible for balanced
and objective programming, and I will make every effort to make
sure that radio and television continue to do that.
Senator Hutchison. Thank you.
I think, Mr. Chairman, I have a few other questions that I
can certainly submit for the record, but that would be all that
I would need for today.
The Chairman. That is it? All right.
Ms. Cahill, let me try another aspect of this. Senator
Hutchison was a little aghast when I talked about the 3 percent
viewership, and I am a little aghast when I think about only 3
percent of Americans, when they go down to buy a CD in music,
buy classical music. I find that perplexing or, in other days,
I would call it horrifying. But life is what life is.
It strikes me--and I am sure that Senator Hutchison shares
this. I mean, being fair and balanced is tremendously
important, but frankly, getting news out there--the public
increasingly--I have spent the last either 6 weeks or 60
years--I am not sure which it is. It has gone by so quickly--
working on the health care reform bill. We had that very
interesting statistic and, of course, commercial and public
television were carrying the President's remarks. When he gave
remarks on an evening news conference, which was only his
fourth, the viewership went down to 2 million people, which was
terrifying to me that people want to be entertained. But if you
are in a democracy, people have to be informed. Some people do
not want to be informed because they think they have the right
idea, and if somebody comes with another point of view, they
say, well, that person is a liberal or a conservative or
irresponsible or hyperactive or whatever it is.
The point is making sure that the public gets news to help
make good public policy. That is what we try to do here. I
recognize that Congress is not doing very well in the public
polls and it never has and it never will. But what we do is
important. What State legislatures do is important. And it is
only public television that gives them a fair shake. They do
not usually have the resources to do it, but they are
determined to do it and they do it.
I have sort of come to the feeling that if I want to get
information about what is going on in this country or in this
world, I have got two places to go. I can go to public
television or radio, or I can go to newspapers.
I mean, I was really thrilled yesterday when I did two long
interviews on an intricate aspect of health care reform with
two fairly rural newspapers in West Virginia. Now, that
interview may be put in the third section of the paper, but I
frankly do not care. There were reporters on the other end who
were interested in what I had to say and wanted to get it right
and saw that there was some connection with what I was talking
about with the problems that they themselves or their families
or the neighbors are dealing with.
And we have lost that because it is what Michael Jackson
did for all of us. I guess I have no idea. You know, it is
scandal. It is corruption. It is who is in trouble, nannygate,
and all the rest of it. We have become less deep as a society,
even as our needs have deepened in their seriousness, and that,
therefore, it is asking a lot.
I think it is just basically Washington, New York, and
Boston which are the main production stations. Am I right about
that?
Ms. Cahill. I believe so for television.
The Chairman. But you do not have to be a production
station to do extraordinary coverage. I think that you all do,
and I think commercial television, for the most part, does not.
That is another discussion for another day.
But I just want to encourage you, not ask you a question,
but to encourage you in your work that you are doing what this
country needs more than ever.
Ms. Cahill. Thank you.
The Chairman. And it is easy to get angry about a war or to
be happy about a war or to be neutral about a war, but it is
very hard to get embroiled in public policy that involves
health care reform or that involves transportation or things of
this sort which are just flat-out basic to the American people
but they do not want to hear about it.
So part of the trick is that it is hard for you because you
have got to raise the money and foundations are not giving
money like they used to. But that will change and you have just
got to stick with it. And you will have money that you can
allocate to stations, and I hope that you will do that--well,
you will do that. I am confident of it. I care very much about
the medium, and I am just very grateful to people who write the
news and occasionally grateful to people who report the news
visibly.
Ms. Cahill. Thank you.
Senator Hutchison. I do want to ask one more question and
it would be for Mr. Elliott.
The General Accounting Office reported that the STB
commissioned a comprehensive study of competition in the
freight rail industry, and the final report was released in
2008, commonly referred to as the Christiansen Report. It has
recently come to the Committee's attention that the Board
determined that some of the data the Board supplied to the
authors of the study was flawed and that in some cases the data
overstated railroad rates.
What would be your plans, as leader of the Board, for
revising the study to take into account or correct the record
on the data, and should the Board take any action relying on
the report that you would be cognizant of and get the most
accurate data before you did any action based on it?
Mr. Elliott. Obviously, that occurred previously, and I did
hear something about it and I had read the executive summary of
the Christiansen Report.
If confirmed, my understanding is that the numbers are
being looked at again and there is a process going on to make
them correct. That is my understanding. Obviously, if
confirmed, I would encourage that process to make those numbers
correct. Obviously, you do not want to rely on a flawed report.
Senator Hutchison. Thank you, Mr. Chairman.
The Chairman. In my final question, I would just take the
personal liberty of saying that I hope that you will charge
right into the middle of that hornets' nest and really go after
it, really deal with it because it is not going to settle
itself. You will do that.
Mr. Elliott. I will.
The Chairman. Thank you.
Are there any other questions? I see no other members other
than the two of us.
So I thank you all again. This business about public
service is to me emotional, particularly when you have to give
up what you have to give up to come do it. I am not saying that
Kay Bailey and I do not have to give up certain things, but we
choose it. We choose it and we like it. It is harder for you,
all of you. And I really respect----
Senator Hutchison. There is, however, a difference between
your vow of poverty and mine, with all due respect, Mr.
Chairman.
[Laughter.]
The Chairman. And on that note, the hearing is adjourned.
[Whereupon, at 3:49 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Christopher Bertram
Question 1. Senator Rockefeller and I have introduced a national
surface transportation policy bill that would create more performance-
based, data-driven surface transportation programs. How could our
surface transportation programs be improved by using more performance-
based measures?
Answer. A key challenge for those who craft the Nation's
transportation programs will be to link decision-making to performance
at all levels. This will require a new commitment to measure
performance, as called for in the legislation that you have sponsored.
Performance-based measurement is key to ensuring that new
transportation funding is invested wisely, and that the public has
enough confidence in our work to support continued investment. Some
other possible benefits of performance-based decision-making include
improved safety, increased energy efficiency, environmental
sustainability, greater accessibility, and more livable communities.
Going forward, the balance of funding among the surface transportation
modes will be fundamental to the best investment of our Federal
transportation resources.
Question 2. The eight billion dollars for high-speed rail in the
Recovery Act, along with President Obama's budget request of one
billion dollars annually over the next 5 years, are strong first steps
in developing a comprehensive high-speed rail network. But the demands
to build a national network will exceed these resources. What can the
Department of Transportation do to get the greatest return possible on
these high-speed rail investments?
Answer. President Obama has directed that program decisions under
the Recovery Act, including the development and implementation of the
new high-speed rail program be based upon merit. From my review of the
high-speed rail strategic plan and interim guidance to applicants and
my discussion with executives of the Department, I am confident that
the Department's approach to implementing that program aligns well with
the President's directive and will result in a significant return to
the public. While on the staff of the Senate Commerce Committee, I
participated in the drafting of the Passenger Rail Investment and
Improvement Act of 2008 (PRIIA) which will be the foundation of the
high-speed and intercity passenger rail funding for the programs that
will begin with funding under the Recovery Act. Sections 301 and 501 of
that Act lay out a number of specific considerations to be used by the
Secretary in awarding grants but they have the common theme of
selecting projects that are both feasible and result in significant
benefits in passenger mobility and the public at large. The Recovery
Act and the Department's implementation of that Act are building on the
PRIIA requirements in a number of ways to direct investments to
projects and programs that accomplish the Administration's strategic
transportation goals: Ensure safe and efficient transportation choices;
build a foundation for economic competitiveness; promote energy
efficiency and environmental quality; and support interconnected,
livable communities. The Department's strategy is also to establish
processes and procedures to address the need to minimize and mitigate
risk so that the project is implemented as planned and generates the
benefits intended. But processes are only part of the equation. There
must also be vigilant oversight of the implementation of these
processes. I see that as an important responsibility of mine and,
should I be confirmed, look forward to taking on that challenge.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Susan Kurland
Question 1. Ms. Kurland, the Essential Air Service program
currently ensures that there is commercial air service for five small
communities in my state. While I agree that the program could probably
be more efficient, could you tell me more about what changes, if any,
DOT proposes for Essential Air Service?
Answer. As you are aware, this Administration has proposed a
substantial increase in funding for EAS for FY 2010 to $175 million. It
is my understanding that that funding level will allow the DOT to run
the program for the upcoming Fiscal Year. In his FY 2010 budget
submission, President Obama committed to working with Congress on
developing a more sustainable program model and I know the importance
of EAS to the state of New Mexico given you have Alamogordo, Carlsbad,
Clovis, and Silver City participating in the program (Hobbs was taken
off subsidy on May 31, 2009). Should I be confirmed, I look forward to
working with all stakeholders to achieve the President's goal.
Question 2. What steps would you take to provide a better
foundation for the Essential Air Service program and otherwise ensure
that small communities depending on it--especially in the current
economic climate--continue to benefit from airline transportation?
Answer. I understand the Obama Administration is committed to
maintaining small communities' access to the national air
transportation system, and the primary tool to ensure that is the
Essential Air Service (EAS) program. Most agree, including the GAO
which recently released a report on EAS, that the program is not
designed as efficiently as it can be, and should I be confirmed, I will
work with you, members of this Committee, and others to better
implement the program while still delivering the services to the
eligible communities.
______
Response to Written Questions Submitted by Hon. Johnny Isakson to
Susan Kurland
Question 1. Ms. Kurland, I apologize for missing you when you were
in my office last week, but I did want to raise an issue that is of
importance to me and I hope will be of importance to you in your new
job if you are confirmed. As you know on May 8th of this year 23
Senators, nearly one quarter of the Senate, sent a letter to
Secretaries LaHood and Clinton regarding the negotiations of an Open
Skies agreement with Japan and access to Haneda Airport in Tokyo. This
access will allow for a very limited amount of international service,
tied to an artificial Intra-Asia perimeter, or for service outside the
perimeter during late night hours.
I, and the colleagues of mine that signed this letter, wanted to be
able to have input with DOT and State prior to the July negotiations.
That is why we sent our letter in May and asked them to respond.
Our letter simply stated that U.S. policy calls for an open skies
agreement, and we urge DOT to insist on strong assurances from Japan
that it will not artificially restrict any U.S. carrier access to or
use of major international gateways in Japan like Haneda in a manner
inconsistent with longstanding open skies policy. Over two and a half
months have passed, and we have had no response from DOT at all.
As you know if Haneda is further internationalized to serve the
U.S., airlines like Delta (that use Narita airport in Tokyo as a hub)
that have made a major investment in Narita will be competitively
disadvantaged. These airlines were required to do this in the 1970s.
I understand that, according to your meeting with my staff, you
haven't reviewed the case, but humor me if you will. You were formerly
counsel at U.S. Airways, so I know you have a better understand then
most of airline economics and business decisions. Given the facts as I
have presented them to you, what do you think about this?
Answer. While not involved in the airline's international business
efforts, I did have an opportunity to experience many of the issues
that affect the airline industry. As you note, I have not yet had the
opportunity to familiarize myself with the case. If confirmed, I assure
you that I will work with the Department, Congress, and all
stakeholders to develop an agreement that will fairly address these
concerns.
Question 1a. Can you give me any estimate as to when we might
receive a response from DOT as to our May 8th letter? State wrote us
back 6 weeks ago.
Answer. I do not have an estimate on a response to your letter.
However, if I am confirmed, I would be happy to look into the matter.
More generally, I can assure you that, if I am confirmed, I will work
with staff at the Department to ensure that Congressional inquiries are
answered in a timely fashion.
Question 1b. As you know, as part of the check and balance system
of government. Congress, through title 49 section 40101 of the U.S.
Code, set the negotiating criteria for DOT and State. The section
starts by saying:
In formulating United States international air transportation
policy, the Secretaries of State and Transportation shall develop a
negotiating policy emphasizing the greatest degree of competition
compatible with a well-functioning international air transportation
system, including the following . . .
. . . and then goes on to mention the numerous criteria put in
place by Congress. What philosophy do you have about keeping Congress
informed and responding to Congressional inquiries?
Answer. I feel very strongly about keeping Congress informed. If I
am confirmed, I intend to work closely with Congress and keep Congress
well informed of our negotiations.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Daniel Elliott
Question 1. Mr. Elliott, over the past 25 years the Class I
railroads have reduced their investment in rail cars. Currently, it is
estimated that about 60 percent of rail cars are [owned] by shippers
and leasing companies. It is my understanding that railroads may be
encouraging shippers to own or lease rail cars in exchange for reduced
rail rates--which may cause this trend to accelerate. As you know, the
railroads' interchange rules are established by the Association of
American Railroads (AAR) and these rules essentially establish the
costs of car operation and maintenance for third parties.
Given the shift in ownership in rail cars from the railroads to
third parties over the past several years, to what extent do you
believe the STB should review the AAR process for amending its
interchange rules and entertain complaints about the process from car
owners, lessors, or their designated agents? Should the STB look at
balancing the interests of car owners and car users? And if you believe
the STB should look at balancing these interests, do you believe the
Board has all the statutory authority it requires to achieve this?
Answer. Rail freight cannot move without rail cars, so issues
related to the supply of rail cars and rules governing their use are of
critical importance to the entire railroad industry. I am generally
aware of these issues but I have not been directly involved because of
the nature of my responsibilities in my current job. If confirmed, I
will approach these issues with an open mind and will seek to find a
fair and workable balance between all of the stakeholders--shippers,
railroads, car owners, lessors and lessees. I am generally aware that
the STB has broad authority over equipment issues. If I become aware of
any area in which more authority is needed, I would not hesitate to
bring that to the attention of the Congress.
Question 2. Mr. Elliott, for decades the Interstate Commerce
Commission (ICC) prescribed car hire rates, establishing the price paid
to the owner of cars by the user railroad. As you know, in the 1990s,
the ICC de-prescribed car hire rates, effectively shifting the
responsibility to the AAR. Under current law, ``The rate of
compensation to be paid for each type of freight car shall be
determined by the expense of owning and maintaining that type of
freight car, including a fair return on its cost giving consideration
to current costs of capital, repairs, materials, parts, and labor. In
determining the rate of compensation the (Surface Transportation) Board
shall consider the transportation use of each type of freight car, and
other factors that affect the adequacy of the national freight car
supply.''
Do you believe that railroads have implemented the de-prescription
methodology in a manner consistent with the statute (49 U.S.C.
11122(b)) described above? Does the STB currently have the authority to
remedy any market distortion or complaints with respect to car hire
rates or would a clearer directive from Congress be helpful?
Answer. The compensation that is paid to a rail car's owner for use
of the car is an important motivator for stakeholders to invest in the
national rail car fleet. This area of car compensation and car hire is
not one with which I have been directly involved, but I am generally
aware of the issues. If confirmed, I will get a better understanding of
these issues promptly. My goal will be to ask ``what's working?'' and
``what's not?'' If I conclude that there are aspects of the current
approach to car compensation that are not working effectively, I would
not hesitate to explore avenues for change. Any change would need to
reflect a fair balance between car owners and car users. I understand
that the STB has broad authority in this area.
If I become aware at any point that additional authority would be
desirable, I would not hesitate to bring that to the attention of the
Congress.
Question 3. Mr. Elliott, my understanding is that the STB has a
duty under the National Environmental Policy Act (NEP A) ``to ensure
adequate consideration of environmental factors in the STB's decision-
making process. Under NEPA, the STB must take into account in its
decision-making the environmental impacts of its actions, including
direct, indirect and cumulative impacts. The STB must consider these
impacts before making its final decision in a case.'' Do you believe
STB can deny a merger or acquisition application based on the severity
of environmental impacts to surrounding communities? Based on what you
know today, are you satisfied with the process the STB has in place to
assess the environmental impacts of rail mergers?
Answer. I share your understanding that the STB has a duty under
NEPA to ensure adequate consideration of environmental factors in its
decisionmaking process. This duty obligates the agency to consider the
direct and indirect environmental impacts of its action before making
its final decision in many types of cases.
It is my understanding that the Board has authority to require
parties to agree to conditions that will mitigate environmental
impacts, and has used that power in recent mergers and acquisitions. To
my knowledge, however, neither the Board nor any Federal court has
provided guidance on the circumstances when the STB can deny an
application based on the severity of environmental impacts. If
confirmed, I will review the Board's authority and, if congressional
clarification is needed, I will work with Congress to resolve this
important issue.
Based on what I know today, the STB has a process in place that is
designed to provide interested communities or parties with an
opportunity to offer views on the environmental impact of a proposed
merger. This entails having hearings in or near the affected
communities to offer members of the public a chance to discuss their
concerns face-to-face with the environmental staff of the STB. If
confirmed, I will address concerns that stakeholders have over this
process and explore ways to improve the existing environmental
procedures of the agency.
Question 4. Mr. Elliott, my understanding is that one of the ways
that the STB has historically handled mitigating community impacts is
to urge railroads and communities to negotiate an agreement that then
becomes part of the official decision. Quite often this approach
disadvantages impacted communities that lack the experience, knowledge
and/or resources to understand what they can or should expect from the
railroads. What type of policy or STB operational changes could be made
to overcome any disadvantage communities may have? Could the STB
provide technical assistance to communities that request it? Overall,
do you have a sense where the STB should strike the balance between
efficient rail operations and community impact concerns?
Answer. It is my understanding that the STB attempts to mitigate
community impacts by conducting an analysis of the potential impacts
and possible mitigation measures, and then imposes mitigation
conditions designed to minimize those impacts. This entails meeting
with local communities to hear their concerns, as well as other Federal
and state agencies and local officials. It is also my understanding
that the STB does encourage local communities to negotiate with the
railroads to reach an agreement that would impose mitigation conditions
beyond the scope of those the agency can impose itself. During this
process, I have been informed that local communities often ask STB
staff about the kinds of negotiated agreements other communities have
reached in similar circumstances, and STB staff will make available to
them typical agreements filed at the agency that provide general
information about the kinds of mitigation provisions agreed to. Should
I be confirmed, I would listen carefully to any concerns that a
community is being treated unfairly or otherwise disadvantaged by the
agency's environmental review process and seek to address those
concerns.
It is my sense that the STB must attempt to strike a reasonable
balance between efficient rail operations and community impact
concerns. This entails finding a harmonious balance between the public
benefits of a strong national rail network and protecting the health
and safety of local communities affected by the transaction. If
confirmed, I will do my best to balance these competing concerns in a
fair manner.
______
Response to Written Question Submitted by Hon. Frank R. Lautenberg to
Daniel Elliott
Question. My 2008 Clean Railroads law stops unscrupulous solid
waste operators from avoiding environmental protection laws by loading
their trash along railways. How will you enforce this law to end the
evasion of our environmental protection laws?
Answer. If confirmed, it will be my responsibility to enforce laws
passed by Congress in a manner fully consistent with congressional
intent. I am aware of the problems created by trash companies seeking
to hide behind the preemption provisions of the Interstate Commerce Act
to circumvent state and local environmental protection laws. If
confirmed, I will review the details of the 2008 Clean Railroads law
and make every effort to actively enforce the law as was intended by
Congress and protect the public from any misconduct or abuses of the
preemption protections provided to legitimate railroad activities.
______
Response to Written Question Submitted by Hon. Tom Udall to
Daniel Elliott
Question. Mr. Elliott, some estimate that intercity freight traffic
will grow by 70 percent by the year 2025. Given the energy efficiency
and environmental advantages of rail freight transportation, how do you
see the Surface Transportation Board's role in supporting the railroad
industry's growth in the years to come?
Answer. I am aware that many analysts predict that freight traffic
on the railroads will increase in the future. The railroad's ability to
meet this demand in an efficient and environmentally friendly way is
critical to our Nation's economy. To meet increasing demand for their
services, railroads must generate revenues to be able to invest in
expanding their capacity and maintaining their infrastructure. Under
current law, the STB must take into account the railroad's revenue
needs in considering the reasonableness of rail rates. But no railroad
can lawfully charge an unreasonably high rate on captive traffic. The
STB must therefore carefully balance the revenue needs of the railroads
to continue to meet demand with the requirement that their rates be
reasonable. If confirmed, I intend to make sure that the STB strikes
this balance.
______
Response to Written Questions Submitted by Hon. Kay Bailey Hutchison to
Daniel Elliott
Question 1. Based on a recommendation from General Accounting
Office in a report requested by this Committee, the STB commissioned a
comprehensive study of competition in the freight railroad industry.
The final report was released in 2008 and is commonly referred to as
the ``Christensen Report.'' It has recently come to the Committee's
attention that the Board has determined that some of the data the Board
supplied to the authors of the study was flawed and that the data
overstated railroads rates. This is very likely to have resulted in
flawed findings.
On July 30, 2009, the Board announced that it had contracted with
Christensen Associates to update its report based on 2007 and 2008
data. The Board announcement, however, was silent on the issue of the
flawed data in the original study. I am concerned that adding new data
from two additional years while simultaneously correcting the original
errors will obscure the extent of the problems with the original
report. Can you assure the Committee that the Board will correct the
original report in a manner that allows users of the report to clearly
see how the analysis conclusions of the original report were faulty?
Answer. If confirmed, I assure you that the Board will provide a
transparent final report that details how any conclusions in the
original report are affected by the revised data.
Question 2. What, if any, action has the Board taken, or will the
Board take, to ensure that anyone relying on the report is made aware
of the flawed findings?
Answer. I am aware that the Board issued a press release and placed
a notice on its website to alert interested parties that the report is
being updated. If confirmed, I will commit to taking any additional
steps needed to ensure that no party is relying on a flawed report.
Question 3. The Board's announcement stated that the ``update will
cost the Board''--in other words, the taxpayers--$125,000. How much did
the original study cost? Would the Board be spending all this money if
the original data it provided to Christensen had been accurate? After
all, the study was just released last November. Do you plan to have
continuous report updates, and if so, do you expect they will occur so
soon after a report is issued--in this case, a mere 8 months?
Answer. It is my understanding that the original study cost $1
million. I do not know how much of the $125,000 cost of the updated
study is attributable to the flawed data. If confirmed, I would review
whether any further updates would be necessary.
Question 4. The announcement indicates that, ``the update will also
make some technical corrections to the report.'' What, specifically,
are the technical changes and why are they needed? Do these technical
changes in anyway impact the findings of the November report? If so,
how?
Answer. I do not know what the technical changes are that were
referred to in the press statement, nor can I predict the impact on the
findings of the November report. However, if confirmed, I will ensure
that the updated report will provide sufficient information so the
public can clearly see how the findings of the November report changed.
Question 5. When, exactly, did the Board learn that some of the
data it had provided to Christensen was flawed? What action has the
Board taken regarding this matter since that time and the July 30
announcement?
Answer. I do not know when the Board learned that some of the data
it had provided to Christensen was flawed, or what actions were taken
before the July 30 announcement.
______
Response to Written Questions Submitted by Hon. John Thune to
Daniel Elliott
Question 1. What do you consider to be the most important
management needs at the Board, and how do you hope to address those
needs as Chairman?
Answer. I consider one of the most important management objectives
for the Chairman to be to assure the prompt resolution of disputes
brought to the agency. It has been my experience, having represented
the UTU in many matters before the agency, that at times the process is
very slow and the final decision comes so late that resolution of the
dispute may no longer be relevant. I believe active supervision of
staff, as well as clear communication of the goals, needs and
objectives of the Board, will facilitate prompt resolution of disputes
brought to the agency. If confirmed, I intend to clearly communicate my
objectives to staff and to take active steps to remove any internal
obstacles to the prompt resolution of matters brought to the agency.
Question 2. What are your views regarding the role arbitration can
or should play in resolving conflicts between shippers and railroads?
Answer. If confirmed, working to resolve conflicts between shippers
and railroads will be a priority for me. In my experience, arbitration
can be a successful tool in facilitating the resolution of disputes.
While arbitration may not be suitable for all kinds of disputes, I
believe arbitration or mediation can play a role in resolving disputes
between shippers and railroads.
Question 3. What are your views on proposals to impose strict
antitrust law to all matters currently under the auspices of the STB?
How would the role of the STB be impacted?
Answer. I am aware of recent legislation to remove antitrust
immunities afforded the railroad industry. In general, I believe the
antitrust laws are important to the proper functioning of competitive
markets, so that any exceptions from those laws should be periodically
reviewed and justified. However, my experience has not focused on rail
antitrust issues, so I am unfamiliar with the full scope of antitrust
immunities provided the railroads. As such, I cannot offer my views on
specific legislative proposals at this time. If confirmed, I will
carefully analyze the antitrust immunities in question and the
potential impact of the proposed legislation and, if requested, provide
my views to Congress.
Question 4. Do you believe Agriculture shippers have adequate
recourse available through the Board's current policies, guidelines,
and regulations?
Answer. It is important that all shippers have adequate recourse to
the agency to have their disputes heard and resolved in a fair and
prompt fashion. It has been my experience that at times the process can
take far too long, and that these delays may discourage shippers,
including agricultural shippers, from enforcing their rights under
Federal law. If confirmed, it is my intent to listen carefully to
concerns that the Board's processes are inadequate and take all
reasonable measures to ensure that all shippers have adequate and
prompt recourse to the Board.
Question 5. What, if anything, would you recommend to ensure the
Board's processes for bringing rate complaints or concerns about
service are assessable to small shippers?
Answer. As an attorney, I am aware of the high cost of litigating
disputes, whether before the STB, other Federal agencies, or the court
system. When litigation costs are high, small shippers with genuine
disputes may be unable to feasibly bring the matter to the agency's
attention. In my experience, agency delay breeds litigation costs and
discourages small shippers with disputes from bringing those matters to
the STB. If confirmed, I will make it a priority to improve small-
shipper access to the Board.
Question 6. In regard to freight rail transportation, what in your
judgment is the more serious problem: inadequate rail capacity or
inadequate rail competition? What are your views on how both issues
affect the economic well-being of railroads and shippers?
Answer. Asked to select which of these situations is the more
serious problem is to be caught between two important competing
interests. Both are problems, as inadequate rail capacity and
inadequate rail competition are both likely to translate into higher
transportation rates and poor service. The Board must carefully
navigate a course between these two very important competing
considerations.
Question 7. Do you understand and have an appreciation for the
important role that short line railroads play in the national railroad
network and will you support the continued creation of those railroads?
Answer. I do understand the important role that short line
railroads play in the national railroad network. More than 25 percent
of all rail traffic either originates or terminates on a short line
railroad. If confirmed and called upon to review a new proposed short
line, I would keep in mind the important role these smaller railroads
can play in the national railroad network in deciding whether to
approve the transaction as in the public interest.
Question 8. The Small Rate Case decision at the STB established a
cap of benefits to any challenging shipper at $1,000,000 over 5 years,
or $200,000 per year. Evidence has been presented that such a low cap
would make any small rate case not economically justifiable beyond a
business shipping much more than 100 rail cars per year. This is a very
low level of shipping. Is there an answer to this problem? As Stand-
alone rate cases may cost upwards of $5 million, what happens to the
vast majority of shippers who fall between those that can justify a SAC
case and those that must live within small rate case guidelines?
Answer. It is my understanding that in the Small Rate Case
decision, the Board established two caps on the relief available to a
shipper that pursues relief under its simplified guidelines: a limit of
$1 million over 5 years if the shipper seeks relief under a test called
the ``Three Benchmark'' approach, or $5 million over 5 years if the
shipper seeks relief under a test called ``Simplified-SAC.'' It is
further my understanding that when the agency established those limits,
it stated it may revisit those limits to assure they have been set at
the proper level. If confirmed, I will make it a priority to monitor
the effectiveness of these rate relief processes.
Question 9. In response to shipper concerns that railroads were
overcharging through fuel surcharges relative to actual added fuel
charges incurred by carriers, are you aware that the STB stopped short
of having carriers report data that would allow shippers in major
categories (coal, ag, chemicals, etc) to compare their fuel surcharge
to actual increase in fuel cost related to that particular shipping
sector? As shippers are generally seeking equity across sectors being
served by carriers, would you be willing to revisit this matter if and
when you become Chairman of STB?
Answer. I am only generally aware of what was done in regard to
fuel surcharges. If confirmed, I will quickly look into this matter. I
have no preconceived notions about whether or not the current reporting
requirements imposed by the Board on the Class I railroads could be
improved to provide better transparency of their fuel surcharge
practices.
Question 10. There are now only two major carriers in the eastern
United States and two in the West. What do you see happening as a
process if there is another serious proposal for a merger of any of the
remaining carriers? What would be your standard for deciding whether
such merger makes sense from a commercial or national policy
standpoint?
Answer. If a merger were proposed between any major carriers, I
envision that the agency would take a hard look at the proposed
transaction to determine whether the merger is in the public interest.
The agency would apply its current merger guidelines, which impose
heightened reporting and substantive standards on any such proposal and
require the applicant to demonstrate how the transaction will enhance
competition. If confirmed, I would ensure that the agency hears the
views of all interested parties, including state and local officials,
as well as other Federal agencies, such as the Antitrust Division of
the Department of Justice and the Department of Transportation. I would
also expect a robust environmental review process to assess the impact
of the proposed transaction on the health and safety of local
communities.
If confirmed, I will enforce the public interest standard in the
statute, applicable environmental laws and the merger review standard
described in the agency's rules for major rail mergers.
______
Response to Written Question Submitted by Hon. Johnny Isakson to
Daniel Elliott
Question. Mr. Elliott, when your nomination was announced by
President Obama, the United Transportation Union, your employer,
released the following statement about your appointment. Here is a
portion of that statement:
``The selection by President Obama of Dan Elliott and Joe Szabo to
head major transportation regulatory agencies is tribute to the
political influence of the UTU, which flows from the UTU PAC,'' said
UTU International President Mike Futhey. ``We have good reason to
expect President Obama to reach into the UTU ranks for other
appointments in the near future.'' Do you believe that your appointment
was the result of campaign contributions and influence with the
Administration, as the president of the UTU has said? What are your
thoughts on recusing yourself while on the STB from issues involving
the UTU? Do you think you should hear matters involving them before the
Board?
Answer. It is truly an honor to have been nominated by President
Obama to serve the public as a board member at the STB. I believe I
have been nominated because of my 16 years of experience as an attorney
in the transportation area. I also hope my experience provides a useful
complement to the existing makeup of the Board.
I take very seriously my ethical obligations under Federal ethics
laws and the ethics rules of my bar. If confirmed, I will recuse myself
from any matter where required in order to avoid conflicts of interest
or the appearance of impropriety so that the public can have confidence
in the neutrality of the agency. In addition, under the terms of my
ethics agreement, I have agreed to sign and be bound by the Ethics
Pledge (Exec. Order No. 13490) which provides that I will recuse myself
from any particular matter involving specific parties that is directly
or substantially related to UTU for a period of 2 years.
______
Response to Written Question Submitted by Hon. Sam Brownback to
Daniel Elliott
Question. Mr. Elliott, on October 16, 2008, the Clean Railroads Act
of 2008 became law. If you have studied the history of this issue you
will know Senator Lautenberg and the members of this committee worked
very hard to craft an acceptable compromise to both protect public
health and the environment, as well as to protect interstate commerce
and the environmentally sound transportation of waste by rail. It is my
understanding that this statute was intended to be widely inclusive of
the preexisting facilities that were to be both regulated as well as
protected. It is also my understanding that the legislation encompasses
preexisting solid waste transfer facilities operated by a rail carrier,
or on property owned by a rail carrier, or operating on behalf of a
rail carrier for the purpose of loading waste onto rail cars. Is it
also your understanding that this statute is to be widely applied to
all such waste facilities existing on the date of enactment?
Answer. I am aware of the problems created by trash companies
seeking to hide behind the preemption provisions of the Interstate
Commerce Act to circumvent state and local environmental protection
laws, and the efforts of the Committee to craft an acceptable
compromise to protect the public health and environment as well as
interstate commerce. However, my practice and experience at the UTU has
not exposed me to all the details of the 2008 Clean Railroads Act. It
is the STB's responsibility to enforce laws passed by Congress in a
manner fully consistent with the congressional intent. If confirmed, I
will review the details of the 2008 Clean Railroads law and make every
effort to understand the intended scope of that provision, to actively
enforce the law as was intended by Congress, and to protect the public
from any misconduct or abuses of the preemption protections provided to
legitimate railroad activities.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Hon. Christopher Hart
Question 1. Last year, drunk drivers killed nearly 12,000 people on
our Nation's roads. Each one of these deaths should be 100 per cent
preventable. Yet despite Federal, state, and local efforts--drunk
driving still accounted for thirty-two percent of deaths in fatal car
crashes in 2008.
New Mexico, which once led the Nation in drunk driving statistics,
has made significant progress in reducing drunk driving through a
combination of enforcement and education efforts. New Mexico also has a
statewide drunk driving coordinator--our ``DWI czarina''--to better
combat drunk driving.
Although NTSB has issued reports and safety recommendations in the
past, I would like to know how NTSB can do more to help prevent drunk
driving. How can NTSB best help efforts to reduce drunk driving? Do you
support research and development efforts for advanced ignition
interlock technologies to prevent drunk driving? Do you support the
efforts of states like New Mexico that require ignition interlocks for
convicted drink drivers?
Answer. Although I am interested as a citizen and a driver in
reducing drunk driving, I have not been involved in drunk driving
issues as a regulator since I was the Deputy Administrator at the
National Highway Traffic Safety Administration in 1994. If confirmed, I
will work with NTSB staff and Members to look at what measures and
programs have helped to reduce drunk driving, as well as what measures
and programs have not been so effective, in order to determine how the
NTSB can most effectively address this serious safety problem. If
confirmed, I would welcome the opportunity to work with you on this
critical issue.
Question 2. The fatal Metro accident last month here in Washington
is a reminder to us all that the work of ensuring public safety is
never finished. One concern that I have is that NTSB recommendations to
transportation agencies are voluntary. When you identify specific
safety concerns, transit authorities are not required to implement your
recommendations. How will you help ensure that NTSB recommendations are
implemented instead of ignored?
Answer. I believe it is very important that NTSB recommendations
not be ignored. Congress created the NTSB as an independent agency with
a singular focus--improving transportation safety--and wisely did not
give it the authority to regulate or mandate. Although NTSB
recommendations are not mandatory, they have commanded considerable
respect in the industry, and have historically enjoyed a high
compliance rate by regulatory agencies and by industry--more than 80
percent overall. The fact that the rate is more than 80 percent
demonstrates that the recommendations have been sound, effective, and
realistic for improving safety. In more than 16 years at the National
Highway Traffic Safety Administration and the Federal Aviation
Administration, I saw firsthand that NTSB recommendations were given
very serious consideration. Nevertheless, I understand your concern and
I believe the NTSB should continually strive for higher compliance
rates. If confirmed, I will work with NTSB staff and Members to assure
that its recommendations continue to be as sound, effective, and
realistic as possible for improving safety. I will do my best to help
NTSB obtain the highest possible compliance rate.
Question 3. Mr. Hart, you state that NTSB must remain a nimble
agency in a ``fast moving environment.'' The agency was formed over 40
years ago yet the transportation landscape we face today is
significantly different. Have you identified areas where this Committee
should assist NTSB in meeting the Nation's 21st century transportation
safety needs?
Answer. Although I was a Member of the NTSB from 1990 to 1993, many
technological and process changes have occurred since then, both at the
NTSB and in the transportation systems that are in its bailiwick. While
I have been involved to some degree in many of these changes over the
years, ranging from process changes resulting from information
technology advances, to substantive changes such as advances in human
factors research, I am not sufficiently knowledgeable about what the
NTSB currently needs to be able to describe in any detail how Congress
or the Senate Commerce Committee might help the NTSB be more effective.
If confirmed, I will work with NTSB staff and other Members to
determine in general how the NTSB can fulfill its mission more
effectively, and to determine in particular how the Committee and
Congress can help.
______
Response to Written Questions Submitted by Hon. Frank R. Lautenberg to
Patricia Cahill
Question 1. During the last Administration, public broadcasting's
objectivity was under assault. An Inspector General report found that
CPB's then-Chairman hired consultants to rate the political leanings of
PBS shows and hired lobbyists with taxpayer funds. As a member of CPB's
Board, how will you detect, stop, and expose any attempt at political
meddling?
Answer. I am aware that, in the wake of the 2005 CPB Inspector
General report, CPB's Board adopted comprehensive governance reforms
that clearly define the roles of the Board and management. I understand
that, among other things, those reforms forbid any political tests in
hiring, and prevent the Chairman or other Board members from entering
into contracts without the approval of the full Board. If confirmed, I
will enthusiastically support those policies and the general principle
of transparency to ensure that the issues you mention do not arise
again.
Question 2. As the General Manager of a public radio station, you
know that public broadcasters are facing a crisis because of state
budget cuts and steep decreases in individual and corporate giving. If
confirmed, what will you do to help struggling public television and
radio stations across the country?
Answer. I am aware that the economic situation in our country has
resulted in revenue declines from all non-Federal sources of income for
public television and radio stations. This is true for stations from
every region of our country, and of every size and license type. If
confirmed, a top priority for me will be to ensure that no American
loses access to free, over-the-air public television and radio during
this time. I believe CPB should be focused on ensuring universal
service and fortifying the health of the public broadcasting system.
______
Response to Written Question Submitted by Hon. Tom Udall to
Patricia Cahill
Question. Ms. Cahill, you have an impressive background in public
radio. I would like to ask though how you will approach issues
affecting public television. For example, in New Mexico the digital
transition has not yet taken place everywhere in the state, and our
public TV broadcasters face challenges related to converting rural TV
translators to digital signals. How will you as a CPB board member work
to ensure the health of public broadcasting for both TV and radio? How
can this committee support your efforts?
Answer. As you noted, this is a tough time financially for public
broadcasters. The economic situation in our country has resulted in
revenue declines from all non-Federal sources of income for public
television and radio stations. This is true for stations from every
region of our country, and of every size and license type. If
confirmed, a top priority for me will be to ensure that no American
loses access to free, over-the-air public television and radio service.
I believe CPB should be focused on helping to ensure universal service
and fortifying the health of the public broadcasting system.
With regard to digital translators, I understand that New Mexico
depends on a large number of television translators which have not yet
been converted to digital. Across the country, public television and
radio stations have significant need for funding to replace the more
than 1,500 television and radio analog translators providing service to
mostly rural areas. In fact, a CPB study of the costs to construct
digital translators for public television and radio produced an
estimate of $63.5 million. A portion of CPB's $40 million FY 2010
digital conversion request to Congress would help to meet these costs.
The Senate Commerce Committee plays a critical role with regard to
CPB and the public broadcasting system, acting as its authorizing and
oversight committee. Of course, while the annual appropriations
provided by Congress are indispensable, this committee will play a key
role--from a legislative and oversight standpoint--in guiding the
system from the broadcast-only model to the ``Public Media 2.0''
envisioned by President Obama.